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2022/01/18 - Regular Packet
C*fk:y Board of Mason County Commissioners +' Draft Meeting Agenda Commission Chambers 411 N 51h St, Shelton, WA 98584 January 18, 2022 9:00 a.m. Our Commission meetings are live streamed at htty://www.masonwebtv.com/ In compliance with Proclamation by the Governor 20-25.14 and the Order of the Secretary of Health 20-03.3,in person attendance is temporarily restricted. During this time,we will accept public comment and testimony using Zoom.Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith(i4masoncountywa.gov;mail in to the Commissioners'Office at 411 N 5"St, Shelton,WA 98584;or call(360)427-9670 ext.230. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA)meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release—Mason County Board of Equalization Membership by Mark Neary 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. (3 minutes per person, 15-minute time limit.) 6. Adoption of Agenda Items appearing on the agenda after "Item 10. Public Hearings"maybe be acted upon before 9:15 a.m. 7. Approval of Minutes—January 10,2022 Briefing Minutes;January 10,2022 Special Minutes;and December 21,2021 Regular Minutes 8. Approval of Action Agenda Items listed under "Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant#8085300-8085621 $ 1,527,519.48 Direct Deposit Fund Warrant#83715-84104 $ 801,707.21 Salary Clearing Fund Warrant#7006381-7006415 $ 1,067,792.98 Treasurer Electronic Remittance $ 1,362,546.63 8.2 Approval for the Emergency Management Coordinator/Lead to sign the State Homeland Security Program(SHSP)FY-21 Grant Contract no.E21-064 amendment for$20,441 from the Washington State Military Department and US Department of Homeland Security. 8.3 Approval of the Resolution deleting budgetary accounting Fund no.404 North Bay Case Inlet Sewer Utility Reserve Fund and Fund no.405 Wastewater System Development Fund. 8.4 Approval to adopt the Mason County Public Records Policy as presented. 8.5 Approval of the FY-21 Emergency Management Performance Grant(EMPG)American Rescue Plan Act(ARPA)contract no.E22-205 in the amount of$14,205 with a 50%match from the 2022 Department of Emergency Management salaries and supplies budget lines. 8.6 Approval to post and hire the Emergency Management/Parks Manager position which replaces the vacated Emergency Management/IT/Parks Manager position. 8.7 Approval of the contract amendment for the Belfair Urban Growth Area(UGA)Planned Action Environmental Impact Statement(EIS)and the increased budget in the amount of$9,855. 8.8 Approval to set a Public Hearing on Tuesday,February 15,2022 at 9:15 a.m.to consider the adoption of a Planned Action Ordinance,zoning amendments,subarea plan amendments,and development regulation amendments related to the Belfair UGA Planned Action EIS. 8.9 Approval to set a Public Hearing on Tuesday,February 15,2022 at 9:15 a.m.to consider approving the amendment to allow Mason County Public Utility District(PUD)no. 1 to construct,operate,and maintain their fiber optic communication in the County rights-of-way. 8.10 Approval of the Resolution for Road Vacation no.410 petitioned by Mary Leighton vacating W Walnut Street and Fourth Street, subject to the following provisions that have all been satisfied: 1. Payment of$9,581.96 which is fifty percent(50%)of the appraised value for Class A easements. 2. The petitioner will be required to relocate the existing board fence to math the right- of-way line along Third Street. 3. An easement for ingress and egress or any other purpose,if any,will be retained. In accordance with RCW 36.87.170,an easement will be retained in favor of Mason County for any utilities present in the rights-of-way. 8.11 Approval for the Chair to sign the Federal Emergency Management Agency(FEMA)Applicant Agent Designation Letter and the Board to sign the FEMA Signature Authorization forms for three FEMA disaster declarations:4253-DR-WA and 4418-DR-WA 2018 Severe Winter Storms and 4481-DR-WA 2020 COVID-19 Pandemic. 9. Other Business(Department Heads and Elected Officials) 10. 9:15 a.m.Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider amendments to Title 17 Zoning Code regarding height limits, reduction of standard side yard setbacks,and accessory dwelling unit(ADU)requirements within specific zone in the Rural Lands and Urban Growth Areas(UGAs)of Mason County. Staff.Marissa Watson 11. Board's Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: January 18, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following a Marijuana application for PT Enterprise LLC and Marijuana license due to expire and a Liquor license for Laurie's Hoodsport Gift & Liquor. 4.1.2 The following sent in an application for the Mason Transit Authority: Sandy Tarzwell; Wes Martin; Steve Pierce; John Campbell and Leanna Krotzer. 4.1.3 Received 2022 Budget documents from Timberland Regional Library. 4.1.4 Brenda Hirschi sent in her letter of resignation from the Board of Equalization. 4.1.5 A letter was received from Marla Morgan requesting to change the speed limit on East Grapeview Loop. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk pave ,MarK1 44 A-elf Washington State Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 1/03/22 RE: NEW APPLICATION U BI: 603-570-415-001-0002 License: 428940 -7A County:23 APPLICANTS: PT ENTERPRISES LLC Tradename:PT ENTERPRISES LLC DAHM,SUZETTE RENEE 1970-10-21 DAHM,TED LEE Loc Addr: 833 W GOLDEN PHEASANT RD (Spouse)1967-10-02 SHELTON,WA 98584-7707 Mail Addr: PO BOX 3356 SHELTON,WA 98584-7707 pp .µ Phone No.: 425-941-2516 SUZIE DAHM Privileges Applied For. MARIJUANA PROCESSOR Mason County Ca missloners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board RECEIVE® P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 JAN 112022 January 06, 2022 Mason County Dear Local Authority: Commissioners RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (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 (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board' s Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order ftonotheiBgard6irrdvii&wiofibe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (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 : 01 /06/2022 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220630 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 HAZY DAZE INC HAZY DAZE 412452 NON-RETAIL PRIVILEGES 1982 NE OLD BELFAIR HWY MARIJUANA PROCESSOR BELFAIR WA 98528 9657 cc GMMRS Neatherlin, Shutty, Trask Clerk OaL4 /fqlcnLl ILL11, Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 January 11, 2022 JRB VENTURES, LLC 150 N DISCOVERY DR �-�- HOODSPORT WA 98548 tt � 'g" j JAN 11211 Re: LAURIE'S HOODSPORT GIFT & LIQUOR ,�i Mason G 24230 N HWY 101 i HOODSPORT, WA 98548 Commisslo,,_3 LICENSE #409009 - 2N UBI 604-827-273-001-0001 Your liquor license has been approved for the following: DIRECT SHIPMENT RECEIVER-IN WA ONLY BEER/WINE SPECIALTY SHOP CLS SPIRITS RETAILER This license is valid through January 31, 2023. Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at (360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive a Business License with liquor endorsements in 15 days, contact the Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. You are allowed certain privileges under your BEER AND WINE SPECIALTY SHOP license as outlined below: 1) Customers may sample two ounces or less of beer and wine for the purpose of sales promotion, if the primary business is the sale of beer or wine at retail and: • Gross retail sales of alcohol exceed fifty percent of gross sales for the entire business. B/W Spec Shop Spirits Retailer 9/4/14 D E C I S I O N S Page 2 License No.-409009 a. Samples may be free or for a charge. No more than one sample of any single brand and type of beer or wine may be provided to a customer during any one visit to the premise. b. Wineries or Breweries cannot bring in their own inventory to your store for sampling or be involved with the pouring of samples. They may be present for educational purposes only. OR • The licensed premise conducts bona fide cooking classes for the purpose of pairing beer and/or wine with food, under the following conditions: a. You must provide the Board's Enforcement and Education Division a list of all Class participants. b. Class participants must be charged a fee for the cooking course. c. Sampling of beer/wine must be limited to a clearly defined area of the premise. d. Scheduled cooking classes during which beer and/or wine samples will be served. e. You must notify the Board at least forty-eight hours in advance if classes are added. f. The sampling conditions outlined above in a. and b. also apply. 2) May sell wine and/or beer, at retail, in original containers for off-premises consumption. 3) May sell spirits in original containers to consumers for off-premises consumption. 4) May sell spirits in original containers to permit holders. 5) Employees between the ages of 18 and 21 are permitted to sell, stock and handle liquor as long as there are at least 2 adults 21 years of age or older on duty supervising the sale of spirits at the licensed premises. 6) May export spirits in original containers. If you have obtained the federal Basic Permit and are planning on selling to on-premises retailers, you may: • Sell spirits in original containers to on-premises liquor retailers, for resale at their licensed premises. Sales to on-premises liquor retailers are limited to 24 liters per day per on-premises liquor retailer, unless you are a former WSLCB contract- operated liquor store. • Deliver spirits from your registered Warehouse facility to on-premises liquor retailers, for resale at their licensed premises. Delivery can be made to the liquor retailer's licensed premises, or to their registered Warehouse facility. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). B/w Spec Shop Spirits Retailer 9/4/14 Page 3 License No.-409009 Licensees must comply with the requirements in the consumer orders, internet sales, and delivery rules in WAC 314-03-020 through 314-03-040. Delivery by third-party service providers is only allowed for manufacturer sealed containers with approval by the board's licensing division of an added activity. Persons making the delivery must verify that the person receiving the delivery is at least 21 years of age using an acceptable form of identification. If no person at least 21 years of age is present, the product must be returned and must not be left unattended at the delivery location. Delivery of an alcohol product must not be made to any person who is showing signs of intoxication. If an alcohol product is enclosed in a bag, box, or other packaging the exterior of the packaging must be clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSON 21+". Signs provided by the board regarding public consumption and transportation of alcohol products sold through curbside, takeout, and delivery service must be posted in plain view of the main entrance to the area where alcohol products are sold and the areas where alcohol products are picked up for takeout and curbside service. The temporary Curbside/Delivery Endorsement allows the sale of sealed alcohol products by curbside, takeout and/or delivery. This endorsement is valid through July 1, 2023. • Alcohol products must be sold in closed, factory or manufacturer sealed packages or containers such as cans, bottles, and kegs. • Only products authorized for sale under the terms of your license may be sold by curbside, takeout, or delivery service. • The sale of bottles or kegs of spirits is not authorized through this endorsement. The following applies to the Wine Retailer Reseller endorsement: • May sell wine at retail to on-premises liquor retailers, for resale at their licensed premises. • Liquor retailers are not limited to 24 liters. • May deliver wine from your registered Warehouse facility to on-premises liquor retailers, for resale at their licensed premises. Delivery can be made to the liquor retailer's licensed premises, or to their registered Warehouse facility. Alterations or changes in ownership require prior Board approval. If you wish to make such changes, please contact our office for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. Jasmine Pippin-Timco/smo Liquor License Specialist 360-664-1665 cc: Southwest Enforcement Mason County Commissioners File B/w Spec Shop Spirits Retailer 9/4/14 Cc:CMMRS Neatherlin, Shutty, Trask Clerk`MeUC/ µ-tort /&-lax-e- }�soT� cOay� 1t1ASO1V COUNTY COA1,VIISSIO-NERS 411 NOP.TII FIFTll STREET SHELTON WA 98584 i ax 360-427-8437; Voice 360-427-9670, Ext 419;275-4467 or 482-5269 /BS4 \ i AM SEEKING APPOINTMENT T i Mason Transit Authority Board II tJAME Sandy Tarzwell -- -' ADDRESS I PHONE: CITY/ZIP VOTING PRECINCT: WORK PHONE: LIVE, IOR AREA IN THE COUNT� YouVEi -MAIL COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED. PREVIOUS EXPERIENCE) i/.CTIVITIES OR MEMBERSHIPS) COMPANY: A1phaTest Corporation 30 years yRS due to time constraints I am not currently involved in local community service F'USII ION: VP COMPANY. YR5 POSITION: what do you perceive is the ro a or purpose of the Board, Committee or Council for which you are apolying I feel the purpose of the MTA Board is to facilitate public transit in Mason County by working with the General Manager andcon—i u ng to man-aged tl-e MTA iMh fiscal responsibility. My role as a oar mem r i-s o—woTr c w�fi fi— fellow board members General Manager-with respect and honesty,"Ole helping Mason Tzansd h lifill fts public transportation duties to the best of its ability. What interests, skills do you wish to offer the Board, Committee,or Council? Having served on the MTA board for the last few years I have learned a great deal about its structure and operations. I served on the policy committee, HR committee and operations committee and will use my previous experience with the MTA to-continue-supporting its successes and forward momentum. - —----- Please fist any financial, professional, or voluntary affiliations which may influence or affect your position on th s Board: (i.e.create a potential conflict of interest) Serving as a school board director there m f iay be areas of school district transportation-that may overlap with public transportation but I see this as an opportunity to work together, not as a conflict onterest. cur participat.on is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you to ably to attend such trainings? YES Pealistcally,how much time can you give to this position? Quarterly Monthly X Weekly Daly Office Use Only - -- 1/3/22 Appointment Date V 111 i Ter.n L:xpire Date_ I Cc:CMMRS Neatherlin, Shutty, Trask DocuSign Envelope ID: FA15F2FA-C30E-4EAD-B948-8B6E727A6A4A Clerk V)LY-L IE/Y1/b.•✓ j V0,Yte COaN�A MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437, Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO Mason Transit Authority NAME: Wes Martin ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: EMAIL: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Sound Business Brokers, 12 YRS Bridge Communit)l Church Fond Rank Past Director on Leadership Thurston County Managing Broker, Managing Member Board of Regents, Past Board Member of POSITION: 9 9 9 9 Harlequin Theater, Current Director of Olympia Symphony&Orchestra. Director of COMPANY: Sharp Commercial, 6 YRS Grapeview GSD54 School Board, Board Member Elect of the Mason County EDC, POSITION: Business Broker -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: I believe that my role on the MTA board is to provide community oversight and input as to the governing policies. This would also include input into employee contract negotiations. Having served before, I feel that I have provided valuable insight that has helped IVITA in it's mission to provide quality transportation to riot only Mason euunty residents but to residents outside of Mason. What interests, skills do you wish to offer the Board, Committee,or Council? I have aver thirty years of business awnership experience that includes HR management and an understanding of financial performance. I am an honest person and I believe that I also bring a sense of humor that helps to diffuse tense situations. in my pro ess)on, I findmyselt mediating between parties and solving problems creatively. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Thorn Rro nn rnnflirfc Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? Quarterly 3 Monthly Weekly Daily US wdW_ Office Use Only Wes Martin[—tzs ►ai' 12/31/21 Appointment Date Signature 5WC0G45CF a'W... Date Term Expire Date +13604278437 Page:2 of 2 2022-01-10 18:07:52 GMT 18556310267 From:Kim Pier( Cc:CMMRS Neatherliq, Shutty, Trask RECEIVED Clerk nmu<<, date , rya,-K L"o AfA SON CO�.TN'IY CO�SSFONEI2S ti � J A N 10 2022 411 NORTH FLFrx STREET SHEL'TON WA 98584 Mason CcuntyFax 360-427 6437; Voice 360-427-9670,Ext..419;275-4467or482-5269 Commissioners I AM SEEKING APPOINTMENT TO Mason County Transit Authority NgME: Steve Pierce ADDRESS: PHONE. ( C'ITY7ZIP VOTING PRECINCT: WORK PHONE: ( _ --------- ----------------------- COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED, PREVIOUS EXPERIENCE) (ACT(VITES OR MEM9ERSHIPS) COMPANY: Wadl@Igh&AssOClat@S, 10 � -Fire Commissioner 3. Mason District 5 -Education Committee,Washington Fire Commissioners Association POSITION: Remote Service Paramedic COMPANY: YRS POSITION: In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying. The role of a Transit Board member is to understand and evaluate issues and challenges to the MTA and develop policies and a direction for the Authority to address these issues. This is a role I am familiar as a serving member of the Fire D*sirie��rward to serving the peopla Of-i—ke Limerick and Mason Gounty broadly. What interests, skills do you wish to offer the Board, Committee,or Council? Crgani7ation,toamwork,motivation and vision,enthusiasm. Please list any financial, professional,or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of Interest) Nnne I am aware of Your participation Is.dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at.no.cost to you.Would you be able to attend such trainings? Yes R.ealisVcal.ly,hour much time can you give to this position? Quarterly Monthly 8 Weekly Caify Si --- 7Jan 20 ,�}�sls #tea1 t3a L ��a Signature Dalle Cc:CMMRS Neatherlin, Shutty, Trask DocuSign Envelope ID:42057EF2-40C1-4DE3-827B-1037C0181BB6 Clerk D4;2^e / hvL!/el, W MASON COUNTY COMMISSIONERS JAN 112022 411 NORTH FIFTH STREET SHELTON WA 98584 _ Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 tssa Commissioners I AM SEEKING APPOINTMENT TO Mason Transit Authority Board NAME: John A. Campbell ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: University of Washington 1968-199 YRS MemhPr Nnrth Mason School Rnard since Dec 2007.(re-elected 4 cycles). POSITION: Lower I 'cod Cana' Watershed Coalition. Monitored H2O quality COMPANY: YRS Union River for Ecology Dept. , Legislative Rep NMSD (2018-20) POSITION: -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To he a lay voice in the qovernance of MTA The CFO has responsibility for the daily running of the organization. Board members keep their eyes on the operation through the various reports we receive, critique, comment on and approve or disapprove. What interests, skills do you wish to offer the Board, Committee,or Council? By profession I am a Professor of Communication I haNje been told I am good at 9 complex discussions, and communicating with those with whom I may differ with tact. I also deliberate constructively with my colleagues. I bring s strong commitment to the mission of public Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Nlone Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? I have and will. Realistically,how much time can you give to this position? Quarterly Monthly Weekly Daily Office Use Only As much as reasonably needed. 1 meeting per me 1/7/22 Appointment Date Decull"by: Signatur� Date �{rt,�,�, Term Expire Date BD28C29a43a0428_. Cc:CMMRS Neatherlin, Shutty, Trask EC 9V Clerk 170t4e l&i ncf t 1gA,1?C— JAN ] ? 2022 MASON COUNTY COMMISSIONERS ij 411 NORTH FIFTH STREET Miami County SHELTON WA 98584 - GUrtlrt"USSic -crS,Eax 360-427-8437, Voice 360-427-9670, Ext.419;275-4467or482-5269 I AM SEEKING APPOINTMENT TO MTA Board NAME: Leanna K. Krotzer A PHONE: DDRESS: CI VOTING PRECINCT: WORK PHONE: -------------------------------- COMMUNITY SERVICE EMPLOYMENT: Currently I own Leanna's Art& Coffee (ACTIVITIES OR MEMBERSHIPS) since 2019. Prior to that I was the COMPANY: Executive Director for Port of Dewatto North Mason School Board 2015-current POSITION: for a couple of years while I was still (current President OTB) working at PSNS in the Nuclear QA COMPANY: department(8 years)...I had started as a weldor in 2005 and joined the Nuc POSITION: CA in 2008, left 2017.Total Yrs at PSNS, about 12 years. ----------------- In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying: The role of an advisory board is to bring together discussion from all who are a part of the advisory board to come up with suggestions to present to the county commission on topics we are asked to discuss. What interests skills do you wish to offer the Board Committee or Council? I enjoy and am comfortable working as a team to come up with suggestions. I think outside the box and see the bigger picture during discussions. I am experienced in working with policies,writing new ones,and maintaining established ones. It is important to check and update policies and laws to make sure we deliver effective suggestions to the county commission. I am not aware of any conflict of interest. I am on the school board in the same county but I do not see that as a conflict. I was born in Grapeview and have lived from Shelton to Belfair to Dewatto my entire life. I know the area, roads,and back roads well. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? I already possess a certificate of training in Open Public Meeting and Records Act,but yes Realistically,how much time can you give to thisposition? I think this is a once a month required position,but I am available weekly as well or daily Office Use Only as needed Appointment Date Signature Date Terns Expire Date Signed:x Leanna K. Krotzer Cc:CMMRS Neatherlin, Shutty, Trask LEVY LIMITATIONS WORKSHEET Clerk TAXING DISTRICT Timberland Regional Library 2021 Levy for 2022 Taxes Instructions for electronic version of form -Fill in highlighted cells all other self populate. A. Highest regular tax which could have been lawfully levied beginning with the 1985 levy(refund levy not included). Year 2021 $22,699,232.41 x 101.000% _ $22,926,224.73 Highest Lawful Levy Since 1985 Limit Factor/Max Increase 101% B. Current year's assessed value of new construction, improvements, and wind turbines, solar, biomass, and geothermal facilities in original districts before annexation occurred times last year's levy rate(if an error occurred or an error correction was made in the previous year, use the rate that would have been levied had no error occurred). $ 1,328,007,456 x 0.323658000000 - $1,000 = $429,820.24 A.V. Last Year's Levy Rate C. Current year's state assessed property value less last year's state assessed property value. The remainder is to be multiplied by last year's regular levy rate (or the rate that should have been levied). $ 1,723,809,774 - $ 1,453,970,141 = $ 269,839,633.00 Current Year's A.V. Previous Year's A.V. Remainder $269,839,633 x 0.323658000000 - $1,000 = $87,335.76 Remainder from Line C Last Year's Levy Rate D. Regular property tax limit: ........................................................ A+B+C = $23,443,380.73 Parts E through G are used in calculating the additional levy limit due to annexation. E. To find the rate to be used in F,take the levy limit as shown in Line D above and divide it by the current assessed value of the district, excluding the annexed area. $23,443,380.73 - $81,613,696,729 x $1,000 = 0.287248117284 Total in Line D Assessed Value Less Annexed AV F. Annexed area's current assessed value including new construction and improvements,times the rate in Line E. x 0.287248117284 - $1,000 = 0 Annexed Area's A.V. Rate in Line E G. Regular property tax limit including annexation ....................................... D+F = $23,443,380.73 H. Statutory maximum calculation Only enter fire/RFA rate,library rate,&firefighter pension fund rate for cities annexed to a fire/RFA or library,or has a firefighters pension fund. 0.500000000000 - - + = 0.500000000000 District base levy rate Fire or RFA Rate Library Rate Firefighter Pension Fund Statutory Rate Limit $81,613,696,729 x 0.500000000000 - $1,000 = $40,806,848.36 A.V.of District Statutory Rate Limit Statutory Amount I. Highest Lawful Levy For This Tax Year (Lesser of G and H) ........................ _ $23,443,380.73 J. Tax Base For Regular Levy 1. Total district taxable value (including state-assessed property, and excluding boats, timber assessed value, and the senior citizen exemption for the regular levy) $81,613,696,729 K. Tax Base for Excess and Voted Bond Levies 2. Less assessed value of the senior citizen exemption of less than $40,000 income or 65% of the median household income for the county based on lower of frozen or market value. 3. Plus Timber Assessed Value(TAV) .................................................. 4. Tax base for excess and voted bond levies ......................................... (1-2+3) $81,613,696,729 Excess Levy Rate Computation -Excess levy amount divided by the assessed value in Line K4 above. - $81,613,696,729 x $1,000 = 0.000000000000 Levy Amount A.V.from Line K4 above Bond Levy Rate Computation- Bond levy amount divided by the assessed value in Line K4 above. $81,613,696,729 x $1,000 = 0.000000000000 Levy Amount A.V.from Line K4 above HL REV 64 007 Pagel TAXING DISTRICT Timberland Regional Library 2021 Levy For 2022 Taxes Population: ❑Less than 10,000 D0,000 or more $150,119.11 Was a resolution/ordinance adopted authorizing an increase over the previous year's levy? E]Yes Do Was a second resolution/ordinance adopted authorizing an increase over the IPD? EYes ❑No ❑N/A If so,what was the percentage increase? 0.659107893617% Calculated % Increase 0.659107893617% A. Previous year's actual levy adjusted by the increases as stated in ordinance or resolution (RCW 84.55.120). Year 2021 $22,776,105.62 + 150,119.11 = $22,926,224.73 Previous Years Actual Levy Plus Resolution Increase Amount Year 2021 $22,776,105.62 0.659107893617% _ $22,926,224.73 Previous Years Actual Levy Prior Levy+(Prior Levy`%Inc.) B. Amount for new construction, improvements, and wind turbines, solar, biomass, and geothermal facilities.(Line B, page 1) ...................................................... _ $429,820.24 C. Amount for increase in value of state-assessed property(Line C, page 1) _ $87,335.76 D. Amount for increase in annexation (Line F, page 1) ............................. = 0 E. Total levy amount authorized, including the annexation ............. Lesser of A+(B+C+D) _ $23,443,380.73 F. Total levy amount authorized by resolution (E) plus amount refunded or to be refunded (RCW 84.55.070). $23,443,380.73 + $61,203.61 = $23,504,584.34 Total from Line E Amount to be Refunded Amount allowable per G. Total amount certified by county legislative authority or taxing district as applicable. (RCW 84.52.020 and RCW 84.52.070) ..................................................... _ $23,700,000.00 H. Levy limit from line G on page 1, plus amount refunded or to be refunded (RCW 84.55.070). $23,443,380.73 + $61,203.61 = $23,504,584.34 Line G,Page 1 Amount to be Refunded Total I. Amount of taxes recovered due to a settlement of highly valued disputed property(RCW 84.52.018). $23,504,584.34 — _ $23,504,584.34 Lesser of F,G,or H Amount Held in Abeyance Total J. Statutory limit from line H on page 1 (dollar amount, not the rate) ..................... _ $40,806,848.36 K. Lesser of I and J .............................................................................. $23,504,584.34 L. Levy Corrections Year of Error: 1. Minus amount over levied (if applicable) .................................................. 2. Plus amount under levied (if applicable) ................................................. M. Total: K+/- L ..................................................................................... $23,504,584.34 N. Regular Levy Rate Computation Without Levy Error Correction Use this rate in next year's levy calculations unless it's reduced due to levy error, other limitation, or there's a road levy shift. $23,504,584.34 - $81,613,696,729 x $1,000 = 0.287998035649 Lesser of J and K Amount on line J1 on page 1 rate w/o error correction O. Regular Levy Rate Computation: Lesser of J and M divided by the assessed value in line J1 on page 1. Use this rate for the current year's tax roll unless it is reduced due to another levy limitation such as the$5.90 limit. $23,504,584.34 - $81,613,696,729 x $1,000 = 0.287998035649 Lesser of J and M Amount on line J1 on page 1 rate before aggregate check P. Road Levy Shift Rate Computation- (Do not enter a shift amount in both shift fields.) Q OR Amount shifted TO this taxing district Amount shifted FROM this taxing district 0.287998 S. $23,504,584.34 - $81,613,696,729 x $1,000 = 0.287998035649 Post Shift Levy Amount Amount on line J1 on page 1 Post Shift Levy Rate REV 64 007 $0.00 Banked Capacity Page 2 DocuSign Envelope ID:C74DBCD6-7A4 EE-8204-8F3517BDDE37 ML Timberland Regional LIBRARY :EW =*N%-N-N MR w NOW TIMBERLAND REGIONAL LIBRARY INTERCOUNTY RURAL LIBRARY DISTRICT,WASHINGTON RESOLUTION NUMBER 21-005 A RESOLUTION CERTIFYING THE TAX LEVY AMOUNT AND TAX LEVY RATE AND POPULATION FOR THE 2021 REGULAR PROPERTY TAX LEVY FOR 2022 COLLECTIONS WHEREAS, RCW 27.12.150 requires the Board of Trustees of Timberland Regional Library to determine the funds necessary for the maintenance of the library services for the district by means of an annual tax levy on the property in the district of not more than fifty cents per thousand dollars of assessed value per year;and, WHEREAS,the property tax levy in the several counties of the Timberland Regional Library district shall be compiled by the Board of Trustees of Timberland Regional Library to determine the tax rate necessary; and, WHEREAS,the determination shall be certified to the respective Boards of County Commissioners; and, WHEREAS,final assessed values are now available and a uniform property tax levy rate for the Inter-county Rural Library District can now be established; and, WHEREAS,the five county assessors within the Inter-county Rural Library District have certified the total assessed value of property as shown by the completed tax rolls in accordance with RCW 84.48.130; and now,therefore, BE IT RESOLVED that the Board of Trustees of Timberland Regional Library certifies a 2021 regular property tax levy for 2022 collection in the five-county district of$23,504,584.34; and, BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library, certifies a 2021 uniform regular property tax levy rate of$0.287998 per thousand dollars of assessed real and personal property valuation for collection in 2022;and, BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,for the purposes of calculating the highest allowable lawful levy, determines that the population of Timberland Regional Library's taxing district is more than 10,000. Adopted this 22nd day of December 2021. RAU DocuSign Envelope ID:C74DBCD6-7A47-44EE-8204-8F3517BDDE37 Department of Revenue c Ordinance / Resolution No. 21-006 Washington State RCW 84.55.120 WHEREAS,the Board of Trustees of Timberland Regional Library has met and considered (Governing body of the taxing district) (Name of the taxing district) its budget for the calendar year 2022 ;and, WHEREAS,the districts actual levy amount from the previous year was $ 22,776,105.62 ;and, (Previous year's levy amount) WHEREAS,the population of this district is ®more than or ❑ less than 10,000;and now,therefore, (Check one) BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2022 tax year. (Year of collection) The dollar amount of the increase over the actual levy amount from the previous year shall be$ 150,119.11 which is a percentage increase of .65910789 %from the previous year.This increase is exclusive of 3617 (Percentage increase) additional revenue resulting from new construction,improvements to property,newly constructed wind turbines, solar,biomass,and geothermal facilities, and any increase in the value of state assessed property,any annexations that have occurred and refunds made. Adopted this 22 day of December 2021 r —W �... Z—rnnsaoscoun vAP eFtle1MFUMW_ oec�s4MebY JP1F'/)1Y1COEm... p w.,/ ��Ylaln, Lsfra �,l1iSMivx V maw If additional signatures are necessary,please attach additional page. This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax levies.A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority no later than November 301.As required by RCW 84.52.020,that filing certifies the total amount to be levied by the regular property tax levy.The Department of Revenue provides the"Levy Certification"form(REV 64 0100) for this purpose. The form can be found at:http://dor.wa.gov/docs/forms/PropTx/Forrns/LevyCertf.doc. To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400. REV 64 0101e(w)(12/9/14) Cc:CMMRS Neatherlin, Shutty, Trask Clerk / 41-1(_ Ginger Kenyon From: Becky Rogers Sent: Monday, January 10, 2022 3:12 PM To: Ginger Kenyon Subject: Fw: Resignation - BOE Ginger, See below email from Brenda Hirschi to include in Mason County Commissioners' Correspondence. Her resignation from the Board of Equalization. Becky Rogers, Administrative Clerk Mail:411 N. 5th St, Shelton, WA 98584 Physical:423 N. 5th St, Shelton, WA 98584 NEW EMAIL: rsr@mosoncountywa.gov P-350-427-9670, ext 268 F-360-427-8439 Hours: M-F-8 am -5 pm (PST) From: Brenda Hirschi<brendahirschiboe@comcast.net> Sent: Friday,January 7, 2022 2:26 PM To: BOE Clerk Subject: Resignation Hi Becky. Effective today I resign from the Board of Equalization. Thank you for the many years you have served the citizens of Mason County. You are a true professional. Sincerely, Brenda Hirschi iI JAN 10 2022 Mason C,-;;jnty 1 CoM miss.: Marla Morgan * mmm19622002 ahoo.com * 253-732-7222 Cc:CMMRS Neatherlin, Shutty, Trask Clerk January 4, 2022 Mason County Commissioners Kevin S nutty, Sharon Trask and Randy Neatherlin �A� O 2022 411 N 5 St Shelton, WA 98584 Mason County Dear Randy, Commissioners First and foremost I would like to commend your commitment and service to the community. It is so often a thankless road you have chosen, and I want you to know that your work is valued and appreciated. Thank you! My name is Marla Morgan and I live at 7710 East Grapeview Loop right on the curve before the straightaway. I am writing to ask you to review and modify the speed of the stretch of road between the first turn onto Grapeview Loop road after the village of Allyn and Sherwood Creek, to the end of Allyn Beach Tracts Estates at 7200 E Grapeview Loop Road, Allyn WA. In the 7 years my husband and I have lived here we have been affected by: • The name post in front of our house being wiped out twice by cars going too fast and not making the curve. • Our neighbor to the south recounting multiple cars ending up in the ditch in front of their home. • Our garbage cans being hit and spilled over the road multiple times. • My husband and I pulling a dying baby deer off the road which was hit twice because cars were speeding around the corner so fast they could not stop for an emergency. • Our neighbor to the north having a car miss the curve, crash in-between a light pole and huge tree, smashing and totaling their parked truck. • And last night 1/4/22 a car, traveling again too fast for the curves, flipped and ended up in the ditch right across the street from our driveway. The driver crawled out their back window on a blind curve, and I stood for over 45 minutes in the dark flagging and slowing cars down as they sped around the curve so there would not be a multi care pile up. This is the final straw that has motivated me to reach out and begin safety reform on our road. If needed, I can gain signatures and personal testimony from affected residents. Challenges and Solutions: Challenge #1: Excessive speed through blind curves and driveway entrances. There is mixed messaging in the signage posted when you first turn onto Grapeview Loop Road after crossing Sherwood Creek signaling 25 mph for curves ahead, and then less than 50 feet away another sign saying 40 miles per hour right before sharp, blind curves. My driveway is situated in the middle of those curves, and I am required to make a blind, left turn into my driveway. My family takes its life it its hands just to get to our home because of the reckless signage posted by the county. Solution: Keep the speed limit at 25 mph until cars have driven through all the curves, and place signage on both ends of the curve segment stating: SLOW '� BLIND CURVE SLOW DOWN AHEAD HIDDEN DRIVEWAY or Challenge #2: Excessive speed on the straightaway between the bridges impacting the residents of Allyn Beach Tracts Estates. Solution: A reduction of speed to a maximum of 30 miles per hour. We all know that speed signs don't really make an impact on collective learned behavior and that is why I am asking for visual signage on both ends of the designated road to reflect driving into a neighborhood, and speed rumble strips (like on the hill coming into downtown Allyn) placed at each end of the neighborhood warning drivers to slow down. These physical and visual additions to the reduced speed signs will help change the landscape of how the road is perceived. Challenge #3: Residents crossing the road to access mail. Solution: Crosswalks painted so residents can safely gain access to their mail. Thank you for your time and partnering with the community to represent the Basic Speed Law that "No person shall drive a vehicle.... at a speed greater than is reasonable or prudent...and in no event at a speed which endangers the safety of persons or property." We do not feel safe and feel that the current set speed limits and signage endanger residents and drivers. War regards, Marla Morgan 253-732-7222 mmml9622002@yahoo.com NEWS RELEASE January 18, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 380 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: Mason County Board of Equalization Membership The Board of Mason County Commissioners is seeking applicants to fill a regular member position and an alternate position on the Mason County Board of Equalization. The three-year terms end on May 31. Applicants must reside in Mason County. The Board of Equalization is a three-member board appointed by the Mason County Commissioners. Two alternate members may also be selected. The Board's responsibility is to ensure that all property valuations are at 100% of market value, so equitable tax assessment can be established. Taxpayers may appeal their assessments, including assessments of real and personal property, forest land, timber, and open space. The Board also considers denial of senior citizen property tax exemptions. Taxpayers can file a petition with the Board of Equalization and a hearing will be scheduled to present their appeal of their assessment for timely filed and completed petitions. Depending on the number of appeals heard each year, the Board may meet up to three days a week, throughout the year. Board members are paid a per diem, currently $100 per day, when in session. As required by RCW 84.48.042, the successful applicant must attend training, provided by the Washington State Department of Revenue, within one year following appointment or reappointment. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5th Street, Shelton, or by calling Shelton 360-427-9670, ext. 380; Belfair 360-275-4467, ext. 380; or visit the Mason County website at www.masoncountywa.gov. The positions are open until filled with the first review February 1, 2022. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Chair Vice-Chair Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 10,2022 Monday,January 10,2022 9:00 A.M. Support Services—Mark Neary Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Diane Zoren shared that the Mason Transit Authority Board has four open positions and four applications. The Board consists of three Mason County Commissioners, one City of Shelton Council member,and five Elected Officials. Applicants include John Sheridan,Ken Van Buskirk, Sandy Tarzwell,and Wes Martin. Applications will be extended for one more week per the Commissioners. • McKenzie Smith discussed updates for the Mason County Public Records Policy. The policy was last updated in March of 2018. Updates include additional definitions,the inclusion of utilizing GovQA for public records software and MARC reporting,updated links,additional training information and requirements,a section for third-party notification,the addition of body-worn video footage redaction fees, the removal of irrelevant information,updated language due to recent case laws,and revised wording. Approved to move forward. • Tammi Wright shared an additional contract to the Emergency Management Performance Grant(EMPG)for additional revenue in the amount of$14,205. There is a 50%match to the grant which will come from the 2022 Department of Emergency Management(DEM)salaries and supplies budget lines. This will coincide with regular EMPG funding to support the continuity of operations planning and continuity of government position. Approved to move forward. • Jennifer Beierle announced that Kelly Bergh will be retiring March 18,2022 and would like permission to advertise and hire for the Financial Analyst position tomorrow. Approved to move forward. • Jennifer requested permission for the Chair to sign the Federal Emergency Management Agency(FEMA)Applicant Agent Designation Letter for three FEMA disaster declarations. The original applicant agent was Ross McDowell and will be changed to Mark Neary. The applicant alternates will be herself and Tammi Wright. Approved to move forward. • Mark shared a News Release to reschedule the Belfair Sewer Public Hearing from Monday,January 10,2022 at 6:00 p.m.to Monday,January 31,2022 at 6:00 p.m. during a Special Meeting via Zoom. Approved to move forward. • Mark discussed the Leadership Breakfast with the City of Shelton and Port of Shelton agenda. The meeting will be held Friday,January 28,2022 at 9:00 a.m.at The Ridge Motorsports Park. Approved to move forward. 9:30 A.M. Community Service—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Kell Rowen gave an updated on the Planned Action Environmental Impact Survey (EIS)for Belfair—proposed mailing,budget amendment,and setting a date for a Public Hearing. January 18,2022:approval for a budget amendment of about$1 Ok out of the General Fund to the BERK contract and an approval to set a Public Hearing on February 15,2022 to approve the Planned Action Ordinance and amendments. January 31,2022: send a mailer to all property owners in Belfair. February 3,2022:issue the final EIS. February 7,2022:optional Briefing with the BERK team to discuss any remaining issues prior to the Public Hearing. February 15,2022:Public Hearing on the Planned Action Ordinance,Urban Growth Area Page I 1 Plan,and Development Regulation amendments. A direct mailing via postcard and a mass mailing handout was done. Cmmr. Shutty asked what BERK has budgeted for public outreach. • Kell shared a Press Release will be given at the 10:00 a.m. Special Meeting on storm damaged structures. • Lydia Buchheit discussed the Mason County Behavioral Health and Recovery Support Transportation Pilot Program. A request for proposals(RFP)was put out into the community and three agencies responded. The best option is to create a dual agency for services both in and out of Mason County. The Patty Wagon will be used for in-County transportation while Gethsemane Ministries will be used for out-of- County transportation. A review would be done during the first year. The first year would cost$80k and includes the cost of purchasing a vehicle for the out-of-County transportation. The second year would be$70k. The vehicle purchased will be owned by the agency and it will be ensured that the language regarding insurance and liability would make the subcontracted agencies responsible. Approved to move forward. • Dave gave an update on response to snow and flooding across the County. A team of Building Inspectors has been put together to inspect at-risk and damaged buildings. This week two teams consisting of a Building Inspector and an Environmental Health Specialist will be able to look at buildings,wells,septic systems,etc. For COVID,there are currently about eleven outbreaks. Test kits are primarily available around government offices and schools. Public Health will be receiving about 1 million test kits across Washington,but the allocation has not been decided. There is a drive-up test site located at Public Health. 9:40 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mike Collins requested to set a Public Hearing on February 15,2022 to consider amending the PUD 1 franchise agreement to include fiber construction,operation, and maintenance in County rights-of-way. Approved to move forward. • Mike shared a request from Mary M.Knight School to purchase fuel from the County. Busses are currently down due to water in their fuel system from recent flooding. There is a reimbursable intergovernmental agreement from 2009 to provide maintenance and services in case of emergency. Approved to move forward. • Mike gave a weekend update. North Shore Road had many water issues such as aggregation coming onto road. The County is working on identifying locations to replace structures and make short term improvements. More flooding is expected by Wednesday. The pathway has been opened for Haven Lake and Schaffer Park. Page 12 Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commissioner Commissioner Commissioner Page 13 Board of Mason County Commissioners Special Meeting Agenda Commission Chambers 411 N 5th St, Shelton,WA 98584 f {`° January 10, 2022 ,xu 10:00 a.m. 1. Call to Order—The Chairperson called the special meeting to order at 10:00 a.m. 2. Cmmr.Trask led the Pledge of Allegiance. 3. Roll Call—Present:Present:Commissioner District 1 —Randy Neatherlin;Commissioner District 2—Kevin Shutty;Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Mason County Auditor's Office sent in notification that Mason County Fire District No. 12 and Mason County Housing Authority have not provided their 2022 budget information. 4.1.2 Federal Emergency Management Agency sent in a letter regarding Special Flood Hazard Areas. 4.1.3 Federal Energy Regulatory Commission sent in a letter regarding the 2022 Combined Tabletop and Functional Emergency Action Plan Exercise,Plan, and Schedule for the Cushman and Wynoochee projects. 4.1.4 John Sheridan and Ken Van Buskirk sent in applications for the Mason Transit Authority Board. 4.1.5 Washington State Liquor and Cannabis Board sent in the following: approved Liquor License for the Dayton Store and Change of Corporate Officers for Stonehenge Gardens. 4.2 Selection of the Chair and Vice-Chair. Cmmr.Neatherlin/Trask moved and seconded to appoint Cmmr. Shutty to serve as Chair. Motional carried unanimously. N-aye; S-aye; T-aye. Cmmr. Shutty/Neatherlin moved and seconded to appoint Cmmr.Trask to serve as Vice- Chair. Motional carried unanimously. N-aye; S-aye;T-aye. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr.Neatherlin/Trask moved and seconded to adopt the agenda as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Trask/Neatherlin moved and seconded to adopt the December 20,2021 and January 3,2022 Briefing Minutes and January 5,2022 Special Meeting Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant#8085057-8085299 $4,711,714.67 Direct Deposit Fund Warrant#83321-83714 $ 838,425.74 Salary Clearing Fund Warrant#7006354-7006380 $ 539,836.42 Treasurer Electronic Remittances $ - 8.2 Approval to continue the WA-DR-4539 Hazard Mitigation Assistance program grant application process for funding to update the Mason County Multi-Jurisdictional Hazard Mitigation Plan. 8.3 Approval to amend Resolution#2021-073 to correct a scrivener's error regarding the description of how the salary table will be applied to non-represented employees who may be at their top step. (Exhibit A,Resolution No.2022-002) 8.4 Approval for Mark Neary,County Administrator,to sign the agreement with SC Johnson and the City of Shelton for the Pilot Program for curbside plastic film recycling. 8.5 Approval to sign the County's response letter to the Squaxin Island Tribe's letter dated December 8,2021 to address the specific concerns listed by the Squaxin Island Tribe. 8.6 Approval of the Law Enforcement Assisted Diversion(LEAD)contract extension to continue services until June 30,2023. 8.7 Approval to reschedule the Monday,January 10,2022 Special Meeting/Public Hearing on the proposed extension of the Belfair sewer to Monday,January 31,2022 at 6:00 p.m. Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.7 with exception of item 8.5 for separate discussion and vote. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.5 Dave Windom shared that the County's response letter was written in the same format as the letter and attachment received by the Squaxin Island Tribe. Sharon Haensly commended the County on completing a number of tasks within the Memorandum of Understanding(MOU). However,she respectfully disagrees and takes issue with the County's response on partially completed and not completed tasks. On behalf of the Squaxin Island Tribe, Natural Resources Department, and the Council,completing the tasks is very important to the Tribe and the long-term viability and exercise of its treaty on fishing rights. The Tribe agreed to dismiss the lawsuit against the County over the County's update to the Comprehensive Plan and Development Regulations. Initially those did not do enough to protect stream flow and fisheries. The next step,which is envisioned under the MOU,is to go to mediation,jointly choose a mediator,and hopefully resolve many,if not all,of the issues. The Tribe will send a detailed response on what the disputed issues are. Cmmr.Trask/Neatherlin moved and seconded to approve item 8.5 approval to sign the County's response letter to the Squaxin Island Tribe's letter dated December 8,2021 to address the specific concerns listed by the Squaxin Island Tribe. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business(Department Heads and Elected Officials) Kell Rowen shared a News Release regarding Community Services Building and Safety Review of Storm Damaged Structures. On January 5,2022,Mason County Commissioners declared an emergency due to recent severe weather-related storm damage. The County Commissioners recognize that County citizens may have experienced property damage due to severe weather conditions and have identified a need for County property owners to have available to them County inspection staff. In coordination with the County Emergency Operations Center,the Department of Community Development assigned staff members to damage assessment teams as needed. As reports are received,inspection staff will be notified and dispatched for review of structure conditions and an evaluation of buildings to ensure continued safe occupancy. Property 2 1 January 10 , 2022 Special Meeting Minutes owners can contact the Permit Assistance Center for more information at(360)427-9670 ext. 352 or send an email to permits e,masoncountywa.gov. 10. 9:15 a.m.Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—the meeting adjourned at 10:22 a.m. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin,Commissioner Kevin Shutty, Chair Sharon Trask,Commissioner 3 1 January 10 , 2022 Special Meeting Minutes +rem Board of Mason County Commissioners Proceedings Commission Chambers y 411 N 51h St, Shelton, WA 98584 �u December 21, 2021 1. Call to Order-The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance - Mark Neary led the flag salute. 3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor license for Summertide Resort and Dayton Store; Change of location for NB Arlington, LLC; Liquor application for Angel's Share at the Canal; Liquor and Marijuana licenses due to expire; and a discontinued liquor license for Zech Interiors and Design. 4.1.2 Mason County Fire District No. 11 sent in 2022 Levy Certification documents. 4.1.3 Mary Miller sent in her resignation letter from the Parks and Trails Advisory Board. 4.1.4 Squaxin Island Tribe sent in a letter regarding the status of the County's compliance with the 2019 Memorandum of Agreement. 4.1.5 International Union of Operating Engineers Local 302 sent in their letter of continued support for the Highway 3 Belfair Bypass Project. 4.1.6 The Economic Development Council of Mason County sent in a letter of support for the Belfair Sewer Extension. 4.2 Richard Dickinson read the Free Christmas Tree Recycling News Release. 4.3 Cmmr. Shutty read the Housing and Behavioral Health Advisory Board Updates News Release. 4.4 Richard Dickinson read the Belfair Sewer Public Hearing News Release. 5. Open Forum for Citizen Input Ken Van Buskirk discussed the resignation letter from the Parks and Trails Advisory Board sent in by Mary Miller. The letter was on the Parks and Trails Advisory Board agenda, but was not discussed. There was also direction given to a consultant during the meeting to put a non-County project on the County Comprehensive Plan update. It appears that there may be a conflict of interest. Ken encourages the Board to investigate this as well as the recommendations given in the resignation letter. David Overton shared his encouragement to look at public housing options for the Belfair Urban Growth Area (UGA). Washington State recently announced windfall funding for public housing and David is aware the County is looking to increase connections to the facility and increase homelessness options. The UGA would be a good location for sites to accommodate public housing funded through the State. Michael MacSems read a news release announcing that applicants are being accepted for the 2022 Heritage Grant cycle. Reimbursement grants up to $2,000 may be awarded. Marilyn Corrigan announced that the Mason County Democrats is looking for a replacement Coroner. There was a delay in getting notification to the Shelton Mason County Journal. A letter of intent is needed from interested candidates by the end of December 2021. 6. Adoption of Agenda Cmmr. Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Shutty/Trask moved and seconded to adopt the October 18, 2021; November 8, 2021; November 15, 2021; November 22, 2021; November 29, 2021; December, 6, 2021; and December 13, 2021 Briefing Minutes; November 9, 2021; November 23, 2021; and December 7, 2021 Regular Minutes; and November 29, 2021 and December 6, 2021 Special Minutes as presented. Motion carried unanimously. N- aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8084501-8085056 $ 3,276,860.22 Direct Deposit Fund Warrant # 82931-83320 $ 1,625,015.69 Salary Clearing Fund Warrant # 7006319-7006353 $ 1,580,712.66 Treasurer Electronic Remittances $ 2,337,210.73 8.2 Approval of Interagency Agreement # IAA22105 between the Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for BECCA Bill programs and services utilized to support the processing of Truancy, At-Risk Youth, and Children in Need of Services. 8.3 Approval of Interagency Agreement # IAA22481 between the Washington State Administrative Office of the Courts and Mason County Superior Court for interpreter and language access services reimbursement for costs incurred between July 1, 2021 through June 30, 2022 up to a maximum of$7,862. 8.4 Approval of the 2021-2026 County Program Agreement— Court Commissioner with the Washington State Department of Social and Health Services Division of Child Support for reimbursement of costs related to child support. 8.5 Approval to appoint Jaime Taylor as acting Coroner effective January 1, 2022 until a replacement Coroner has been appointed. 8.6 Approval of the Interlocal Agreement between Mason County and Mason County Fire Chiefs' Association for fire investigation services. 8.7 Approval to amend the Interlocal Agreement between Kitsap County and Mason County in the amount of$87,000 for pathology services. 8.8 Approval of the conversion of two Corrections Deputy positions to two Community Service Officer positions to run the Jail control room. 8.9 Approval to authorize Mark Neary, County Administrator, to enter into agreements using American Rescue Plan Act funding for the following: Lakeland Pump Station for$42,000 and Washington State Association of Counties 2022 Dues for $4,000. 8.10 Approval for the Department of Community Development to accept the 2021-2023 Shoreline Master Program Competitive Grant from the Washington State Department of Ecology for the amount of$50,000. 8.11 Approval to authorize Public Works to purchase two Automated Flaggers through the Washington State contract from Coral Sales Company for$29,998 plus sales tax. 8.12 Approval to authorize the County Engineer to execute the Supplemental Agreement # 1 with Gibbs &Olson extending the completion date to December 31, 2022 to design the water/wastewater system that will connect to the City of Shelton mains in the vicinity of Public Works Drive and State Route 102. 8.13 Approval to authorize the County Engineer to execute the Agreement with Washington State Department of Transportation to provide bridge inspections on Mason County bridges and any future amendments extending the agreement. 8.14 Approval of Interagency Agreement # IAA22480 between the Washington State Administrative Office of the Courts and Mason County District Court for interpreter and language access 21 December 21 , 2021 Commission Minutes services reimbursement for costs incurred between July 1, 2021 through June 30, 2022 up to a maximum of$13,863. 8.15 Approval of the Contract extension for the Belfair Urban Growth Area Planned Action Environmental Impact Statement to extend the date to March 31, 2022, 8.16 Approval of the Treasury Rent Assistance Program (T-RAP)1.0 and Eviction Rent Assistance Program(E-RAP)2.0 contract amendments to close out T-RAP 1.0 and amend the E-RAP 2.0 for the balance from the contract closure. 8.17 Approval of the Resolution permitting the North Mason School District to recertify the levy amount from$6,523,682.50 to$5,831,125 directly to the Mason County Assessor. (Exhibit A, Resolution No. 2021-091) 8.18 Approval for Peter Jones to sign the contract with Lexis Nexis for Indigent Defense to mirror services provided to the Prosecutor's Office also satisfying requirements under the current Union contract. 8.19 Approval to schedule a Special Meeting for Monday, January 10, 2022 and set a Public Hearing at 6:00 p.m. to take testimony on the proposed extension of the Belfair sewer. 8.20 Approval to authorize the County Administrator to negotiate the lease at the new location with a budget of$30,000 for improvements needed to occupy the facility. Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.20 with item 8.15 and 8.19 removed for separate vote. Motion carried unanimously. N- aye; S-aye; T-aye. Item 8.15 Ken Van Buskirk asked about the cost for the contract extension and where the original $266k came from. Kell Rowen answered that the cost came from the County's General Budget. There have been two budget amendments for about $8-9k for cultural resources work and one amendment for about $50-60k to do the Supplemental Draft Environmental Impact Survey (EIS). The current extension is at no additional cost. This request is to extend the contract with BERK Consulting from the end of this month to March 21, 2022. Ken also requested that the final EIS and Supplemental EIS be written up completely before the Commission makes their decision, for the Commission to watch the last Planning Advisory Commission meeting, and consider their recommendation. Cmmr. Trask/Shutty moved and seconded to approve item 8.15 approval of the contract extension for the Belfair Urban Growth Area Planned Action Environmental Impact Statement to extend the date to March 31, 2022. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.19 Greg Sypnicki shared that at the December 13, 2021 Briefing, a public workshop was promised and has now been changed to a Public Hearing. This change is less user friendly and, due to the lacking flexibility, will be more difficult for members of the public. The purpose of this meeting is to make the process of extending the Belfair sewer open and transparent. If the meeting is structured in a way that the public only has a certain window to ask questions, the meeting will not be as meaningful to those who have concerns. Greg asks that individuals be able to ask questions and share concerns and that the meeting be changed back to a public workshop. He also recommends that the public workshop be hosted by someone who the Commissioners deem neutral or impartial. Greg asked, if the meeting remains a Public Hearing, if it will be structured and flexible, if the concerned individuals will know when they can ask questions, and if it will be a meeting like today. 3 1 December 21 , 2021 Commission Minutes Ken Van Buskirk shared that he is unclear of what the proposed extension is and feels it is the new Phase 2 up onto the plateau. In discussions he has had as recent as last week, the proposed extension that went down the Old Belfair Highway is still a possibility even though he thought that had "died" in 2015. Ken believes the sewer needs to stay out of the valley and go up the hill. Holding a Public Hearing is what he recommends. David Overton shared that he feels the transition of the meeting into a Public Hearing makes sense. The Commission and staff have a great mandate and understanding that they work for the taxpayers, citizens, and voters of Mason County. If the Commission can't be impartial to the facts and don't have full faith in their staff to be impartial in telling the truth to the County and its citizens and business owners, there is a much bigger issue. If the Commission has maximum control over the issue it will save the staff time from having to repeatedly brief the facts over and over again. Cmmr. Neatherlin shared the structure of a Public Hearing: the staff will do a presentation, an opportunity is given to ask staff questions about the presentation for clarification, the public is able to share their opinion, and then the Commission will then discuss and maybe vote. There is not a question and answer section in a Public Hearing. Cmmr. Shutty/Trask moved and seconded to approve item 8.19 approval to schedule a Special Meeting for Monday, January 10, 2022 and set a Public Hearing at 6:00 p.m. to take testimony on the proposed extension of the Belfair sewer. Motion carried unanimously. N-nay; S-aye; T-aye. Cmmr. Shutty shared that he appreciated the comments. A Public Hearing give the ability to have a dialogue for comments and questions. He wants to ensure the County hears from people and envisions that the Public Hearing process is consistent across all hearings regardless of the issue. That should give people confidence that the process is treated respectfully and that there isn't special treatment of one issue over the other. There will be a presentation from staff, opportunity to ask questions of the staff, and present comments both in writing beforehand and verbally at the hearing. Cmmr. Shutty has a high level of confidence in staff to be able to run a process well above-board, at the highest integrity, fact-based, and neutral from their perspective. Cmmr. Trask shared that the Public Hearing will be open, transparent, and on the record. She would like everyone's questions answered. Cmmr. Neatherlin shared that he feels a Public Hearing is not a good way of having back and forth dialogue, but rather a situation where the public talks and then the Commission talks. There is no opportunity to interact with the Commission regarding Commission conversations. 9. Other Business (Department Heads and Elected Officials) Ken Van Buskirk, an Elected Official with the Cemetery district, discussed how extending the Mason Transit Authority applications to all Elected Officials is a great idea and that he looks forward to seeing more public entities represented on the Mason Transit Authority board. Mark Neary shared that the intent of the Public Hearing is to answer and educate the public on any questions that they have and to email him at mneary@masoncountywa.gov with any specific questions they want answered at the hearing to ensure they are answered. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 41 December 21 , 2021 Commission Minutes 10.1 Public Hearing to consider approval of budget supplemental appropriations and amendments to the 2021 budget. Staff: Jennifer Beierle Jennifer Beierle shared that this is the third and final hearing to consider approval of budget supplemental appropriations and amendments to the 2021 budget. The total adjustments to authorized expenditure appropriations in the General Fund are $1,841,380 and total adjustments to authorized expenditure appropriations in funds other than the General fund are $2,402,000. - Revenue increase for WSU $11,197 for new grant revenue for the 2021 budget State Parks and Washington State Department of Agriculture. - Revenue and expenditure increase for WSU $18,600 for Department of Agriculture grant extension and new Interlocal Agreement. - Revenue and expenditure increase for Auditor $30,000 for Election grant from Center for Technology and Life. - Revenue and expenditure increase for District Court $10,435 for dispute resolution civil ($6k) and Administrative Office of the Courts (AOC) revenue for computer replacement and interpreter costs. - Revenue and expenditure increase for Community Development $15,000 for increased plan review fees and services. - Revenue and expenditure increase for Sheriff $11,018 for off duty patrol contracts. - Revenue and expenditure increase for Treasurer and Sheriff$255,892 for one-time LE & Cl revenue receipted into the Treasurer's department and expended out of the Sheriff's department. - Revenue and expenditure increase for Superior Court $8,678 for AOC funding for bailiff and IT equipment. - Revenue and expenditure increase for Non-Departmental $600,080 for Community Development Blog Grant (CDBG) Public Service grant ($100,080) and CDBG CV1 and CV2 grant ($500k). - Revenue and expenditure increase for Community Support Services $1,524,000 for new Eviction Rent Assistance Program (E-RAP) and ESG-CV grants with pass through expenditures. - Revenue and expenditure increase for Community Services Health $295,000 for LHJ COVID OFM grant with pass through expenditures. - Revenue and expenditure increase for Landfill $400,000 for increased revenue and hauling costs. - Expenditure increase for Auditor, Board of Equalization, Clerk, WSU, Coroner, Community Development, District Court, Emergency Management, and Facilities $69,000 for IT computer replacement for computers 2014 and older. - Expenditure increase for Auditor $3,776 for reclass of Financial Analyst to Senior Financial Analyst. - Expenditure increase for Support Services $ 85,120 for reclass of Central Services Administrator and Budget Manager positions, succession and change from Director to County Administrator. - Expenditure increase for District Court $64,010 for increased jury trials, IT equipment for Building 10, and reclass of Court Administrator position. - Expenditure increase for Community Development $60,000 for fire investigation contract increase. - Expenditure increase for Parks &Trails $100,900 for professional service contract ($50k) and increase in operating costs including extra help, overtime, fuel, cell phones, sanicans, and water service. - Expenditure increase for Coroner $12,000 for motor pool fuel and motor pool maintenance. 5 December 21 , 2021 Commission Minutes - Expenditure increase for Sheriff$195,000 for motor pool capital upfit fees ($165k) that may become due in 2021 or 2022 and gloves for the jail due to COVID ($30k). - Expenditure increase for Non-Departmental $301,871 for insurance, accrued leave payout, and Housing Authority Memorandum of Understanding for assistance. - Expenditure increase for Sheriff's Boating Program $5,000 for boating repairs. - Expenditure increase for Landfill $100,000 for capital machinery. - Expenditure increase for Information Technology $78,000 for off-site storage ($64k) and COA re-write ($14k) in 2021. Total General Fund increase in revenue $960,900 and increase in expenditure $1,841,380. Total Other Funds increase in revenue $2,219,000 and increase in expenditure $2,402,000. Grand total in all funds increase in revenue $3,179,900 and increase in expenditure $4,243,380. Cmmr. Shutty/Trask moved and seconded to approve the total adjustments to authorized expenditure appropriations in the General Fund for $1,841,380 and total adjustments to authorized expenditure appropriations in funds other than the General Fund for $2,402,000. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 10:11 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner 6 1 December 21 , 2021 Commission Minutes 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: January 18, 2022 Agenda Item # �3, 1 Commissioner staff to complete) Briefing Date: Briefing Presented By: [ x ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of Warrants & Electronic Remittances Claims Clearing Fund Warrant#8085300-8085621 $ 1,527,519.48 Direct Deposit Fund Warrant#83715-84104 $ 801,707.21 Salary Clearing Fund Warrant#7006381-7006415 $ 1,067,792.98 Treasurer Electronic Remittance $ 1,362,546.63 Macecom 12/10/2021 $ 149,786.45 Mental Health 12/10/2021 $ 17,264.80 Dispute Resolution Surcharge 12/10/2021 $ 1,000.00 USDA Beard's Cove Water Meters #1 12/15/2021 $ 3,435.00 Mental Health Transfer Out 12/22/2021 $ 11,772.05 Juvenile Probation $ 11,772.05 Mental Health Transfer Out 12/22/2021 $ 22,215.76 Jail $ 22,215.76 Mental Health Transfer Out 12/22/2021 $ 9,739.85 Prosecutor $ 9,739.85 Mental Health Transfer Out 12/22/2021 $ 16,461.49 Public Defense $ 16,461.49 Mental Health Transfer Out 12/22/2021 $ 4,326.00 Clerk $ 4,326.00 Mental Health Transfer Out 12/22/2021 $ 75,501.78 Public Health $ 75,501.78 Mental Health Transfer Out 12/28/2021 $ 55,513.26 Therapeutic Courts $ 55,513.26 REET 2 12/29/2021 $ 400,000.00 Belfair Sewer $ 400,000.00 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 $ 1,527,519.48 Direct Deposit YTD Total $ 801,707.21 Salary Clearing YTD Total $ 1,067,792.98 Approval of Treasure Electronic Remittances YTD Total $ 1,362,546.63 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant#8085300-8085621 $ 1,527,519.48 Direct Deposit Fund Warrant#83715-84104 $ 801,707.21 Salary Clearing Fund Warrant#7006381-7006415 $ 1,067,792.98 Treasure Electronic Remittance $ 1,362,546.63 Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) 12/1012021 Payment approval of Macecom: Account Y/ FUND # Remittance RECEIPT# Macecom 001.000000.300.900 $ 148786.45 M-79944 s 12/10/2021 Payment approval of Mental Health: Account FUND # Remitence RECEIPT# MENTALHEALTH 160.000000.000.000 $ 17,264.80 M.80128 $ M- 12/10/2021 Account FUND # Remiitance RECEIPT# Dim ute Resolution Surcharge, 001.000000.100.000 $ 1,000.00 M-80230 12/15/2021 Account FUND # RemiittanCe RECEIPT# _ USDABEARDSCOVEWATERMETERSN3. 412.000000.000.000. i:. 12/30/2021 REFUND INTEREST EARNED Account FUND # Reerriitancss RECEIPT N CURRENT EXPENSE 001.000000.260.000 $ Multiple R. ROAD DIV-CURRENT EXPENSE 001.00D000.260.010 Multiple R. V.t.ram Assistann 190.00OOOO.00D.oro $ Multiple Rec Mason County 00 COUNTYROAD 105.000000. 0.00D $ - Multiple Rec ♦uQm SSIGJ l.:S MENTAL HEALTH 164.000000.000.000 $ Multiple Rec I n Y 12/22/Z021 Account FUND # Remfittalhce RECEIPT# Mental Health Tramfer Out 164.000000.100.000 $ 11,772.05 M-00454 Juvenile Probation 001.000000.170.000 $11,772.05 M-80455 12/2Z/7021 Account FUND # Remiift—M RECEIPT# Mental Health Tnmfer Out 164.000000.100.000 $ ZZ,215.76 M-80456 JAIL 001.000000.205.270 $ M215.76 M-80457 12/22/=11 Account FUND # RemiiMance RECEIPT N Mennl Health Trensfer Out 164.pg000.100.000 9,739.85 M-80460 Prosecutor 001.000000.180.IM 9,739.85 M-80461 12/ZZ/2021 Account FUND # Rerniitance RECEIPT N Mahal Health Trentfer Out 164.000000.100.000 16,46149 M-W"2 PUBUC DEFENSE 001.000000.240.000 16,g61.49 M-80463 Account FUND # Remiittance RECEIPT# Memel Hearth Tramfer Out 164.000000.100.000 4,326.M WMM Clerk 001.000000.070.000 4,326.00 M-BM65 12/22/2021 Account FUND # Remiil ance RECEIPT# Mental health Transfer Out 161.000000.100.000 75,501.78 M410452 PUBUC HEALTH 001.000000.070.000 75,501.78 M-804S3 12/28/2022 Account FUND # Remiitance RECEIPT# Mental Health Transfer Out 160.000000.200.000 55,513.26 M-80539 Therapeutic Courts 001.000000.256.100 55,513.26 M-80540 12/29/2021 Account FUND # Remiitance RECEIPT N REET2 351.000000.000.000 400,000.00 M-80594 BELFAIR SEWER 413.00DDOO.000.00D 400,000.00 M-00595 Respectfully submitted by Julie Richert,Chief Deputy Treasurer 12/30/2021 0-0 = I) '� goo 5 f(i. &3 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Tammi Wright Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 800 COMMISSION MEETING DATE: January 18, 2022 Agenda Item # B.2 Commissioner staff to complete) BRIEFING DATE: January 3, 2022 BRIEFING PRESENTED BY: Tammi Wright [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: State Homeland Security Program (SHSP) FY-20 Grant Contract # E21-064 Amendment for $20,441 from Washington State Military Department (EMD) and US Department of Homeland Security. BACKGROUND: The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an annual grant received from the US Department of Homeland Security pass-through Washington State Military Department (EMD) and then to the Homeland Security Regions. At our Regional level, the funding distribution formula involving a base amount and population. Mason County has received the yearly SHSP Grant since 2003. This year's grant amount was $20,441 and was originally briefed on October 19, 2020, placed on the Commission Agenda on 11/3/2020 and signed on 11/3/2020. The grant funds were to be used to purchase secondary power for three fire stations to become areas for medical and disaster supply distribution and operational communications (radios) for the Mason County Special Operations Rescue Team (SORT). Due to continuing supply chain issues and inability to procure gas masks (Subproject #1) and a generator (Subproject #2), the funds are being reallocated to new Subprojects, Subproject #3, Unmanned Aerial Vehicle (UAV) Enhancements (MCSO) and Subproject #4, Fire Pagers (NMRFA). Other changes include: 1. Change the Grant Agreement End Date from November 15, 2021 to November 15, 2022. 2. Change subrecipient Contact. 3. Change attachment A, Article I-Key Personnel. 4. Change the original Work Plan, Attachment D-2. 5. Change the original Budget, Attachment E. \\Dem\dem\DEMCommon\Grant Information\HSGP-SHSP\SHSP 2020\Contract\Amendment\Commission Agenda Item Summary 1-18-2022_E21-064.doc Attachment A 6. Change the original Timeline, Attachment F. The Grant Agreement Amount of $20,441 remains unchanged. BUDGET IMPACTS: No budget impacts. RECOMMENDED ACTION: Recommend accepting the SHSP FY-21 grant contract # E21-064 amendment and allow the Emergency Management Coordinator/Lead to sign the contract for Mason County. Chief Deputy Prosecuting Attorney has approved the contract to form. ATTACH M E NT(S): Homeland Security Grant Agreement #E21-064 Amendment and Signature Authorization Form. \\Dem\dem\DEMCommon\Grant Information\HSGP-SHSP\SHSP 2020\Contract\Amendment\Commission Agenda Item Summary 1-18-2022_E21-064.doc Washington State Military Department AMENDMENT 1. Subrecipient Name and Address: 2. Grant Agreement Number: 3. Amendment Number: County of Mason E21-064 1 Emergency Management 100 West Public Works Drive, Building 1 Shelton, WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Department Contact, phone/email: Tammi Wright, 360-427-9670 ext 800 John Hollingsworth, 253-512-7044 TammiW@co.mason.wa.us 'ohn.hollin sworth mil.wa.gov 6. EIN: 7. Assistance Listings#(formerly CFDA) &Title: 8. Federal Funding Identification #: 91-6001354 97.067 -20HSGP SHSP EMW-2020-SS-00080 9. Funding Authority: Washington State Military Department(the "DEPARTMENT") and the US Department of Homeland Security (DHS) 10. Description/Justification of Amendment: Due to continuing supply chain issues and inability to procure gas masks (Subproject #1) and a generator (Subproject#2), the funds are being reallocated to new subprojects, Subproject#3, UAV Enhancements, and Subproject#4, Fire Pagers. Changes are noted in grey highlight and red font. 11. AMENDMENT TERMS AND CONDITIONS: 1. The Grant Agreement Amount of$20,441 remains unchanged. 2. Change the Grant Agreement End Date from November 15, 2021 to November 15, 2022, as described on Page 2 of this Amendment. 3. Change the Subrecipient Contact, Phone/Email, as described on Page 2 of this Amendment. 4. Change Attachment A, SPECIAL TERMS AND CONDITIONS, Article I-Key Personnel, as described on Page 2 of this Amendment. 5. Change the original Work Plan, Attachment D-2, as described on Page 2 of this Amendment. 6. Change the original Budget, Attachment E, as described on Page 2 of this Amendment. This Amendment is incorporated in and made a part of the Grant Agreement. Except as amended herein, all other terms and conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreement or an Amendment to the "Grant Agreement" shall mean "Grant Agreement as amended". The Department and Subrecipient acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below. By signing this Amendment, the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment: FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Sharon Trask, Chair Washington State Military Department Mason County Board of Commissioners BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Brian E. Buchholz 7/30/2018 Assistant Attorney General Appli�ant's Le al Review Date DHS-FEMA-HSGP-SHSP-FFY20 Page 1 of 8 County of Mason, E21-064,Amendment 1 Washington State Military Department Amendments to Agreement E21-081 1. Change the Grant Agreement End Date from November 15, 2021 to November 15, 2022. a. Agreement Face Sheet, Box 6 — NeyembeF 15, 2021 November 15, 2022. b. Original Timeline, Attachment F with Revision 1 Timeline, Attachment F. 2. Change Subrecipient Contact from Ross McDowell to Tammi Wright. a. Agreement Face Sheet, Box 4 - Tammi Wright, 360-427-9670 ext 800, TammiW@co.mason.wa.us 3. Change Attachment A, Article I-Key Personnel. a. Attachment A, SPECIAL TERMS AND CONDITIONS, Article 1-Key Personnel, under SUBRECIPIENT: i. Remove Ross McDowell (see below). b. Attachment A, SPECIAL TERMS AND CONDITIONS, Article 1-Key Personnel, under DEPARTMENT: i. Add Courtney Bemus (see below). SUBRECIPIENT DEPARTMENT Name Name John Hollingsworth Title Title Program Coordinator E-Mail E-Mail 'ohn.hollin sworth@mil.wa.gov Phone Phone 253-512-7044 Name Frank Pinter Name Reagan Bush Title Support Services Director Title Program Manager E-Mail fpinter@co.mason.wa.us E-Mail Reagan.bush@mil.wa.gov Phone 360-427-9670 Ext. 530 Phone 253-533-1357 Name Tammi Wright Name Courtney Bemus Title Sr. DEM Coordinator Title Program Assistant E-Mail TammiW@co.mason.wa.us E-Mail Courtney.bemus@mil.wa.gov Phone 360-427-9670 ext 800 Phone 253-316-6438 4. Change the original Work Plan, Attachment D-2. a. Original Work Plan, Attachment D-2, with Revision 1 Work Plan, Attachment D-2. 5. Change the original Budget, Attachment E. a. Original Budget, Attachment E, with Revision 1 Budget, Attachment E. 6. Change the original Timeline, Attachment F. a. Original Timeline, Attachment F, with Revision 1 Timeline, Attachment F. DHS-FEMA-HSGP-SHSP-FFY20 Page 2 of 8 County of Mason, E21-064,Amendment 1 Attachment D-2 Revision 1 20SHSP Sustainment Work Plan Mason County Emergency Management AMOUNT $20,441 Investment#1: WA SHSP Sustainment The State is divided into 9 Homeland Security Regions, made up of 39 counties,which differ in many respects including geography (from marine to desert);major industry(from large business to agricultural), and population (from dense urban settings to rural areas). Each Region develops projects to address their specific risks and hazards which sustain previously built capabilities or close identified gaps. While the communities may differ,emergency management priorities are similar across the state and most initiatives can be tied back to building regional capability to respond and recover, and be in a state of readiness through planning, training,equipping,and exercising, should a natural or human-caused catastrophic incident occur.As communicated in the 2018 and confirmed in the 2019 THIRA,Capabilities Estimation, and SPR,gaps have been identified in the following core capabilities. All jurisdictions have targeted efforts related to Operational Coordination.The foremost gaps are: 1) PLANNING: Plans lack horizontal and vertical integration and need adjusting to be scalable for use during a catastrophic incident. Recovery needs to be incorporated. 2)ORGANIZATION: Response and recovery to catastrophic incidents will require additional trained personnel to support either large-scale or long-term activations. 3) EQUIPMENT:There is a lack of integration and interoperability of tools to form a Common Operating Picture for all stakeholders.Additionally, equipment continues to age,with subsequent degradation occurring with routine usage, and there is a lack of funding to maintain and/or replace. Resiliency is still an evolving concept without a formalized statewide,whole community approach to focus efforts. While the State is introducing initiatives to combat that reality, local jurisdictions still struggle with gaps related to Community Resilience: 1)TRAINING: Individuals and businesses need to move from awareness to action. 2) EXERCISE: Communities are dependent on volunteers to exercise this capability and do not have the tools or expertise to engage stakeholders. Related to Resilience,jurisdictions recognize the need to communicate with all stakeholders and continue to expand the reach of their messaging. Initiatives are ongoing to address the identified Public Information and Warning gap related to 1) PLANNING: Plans do not fully address communicating with non-English speaking populations, immigrant groups, and individuals with disabilities. PROJECT#1 Region 3 Homeland Security Project(Investment 1, Project 3) Region 3 will address priorities based on regionally identified gaps.The region is challenged by persistent capability gaps within: Interdiction and Disruption due to the inability of emergency responders to effectively communicate,Screening,Search and Detection due to the lack of basic security measures at public buildings, Community Resilience due to the lack of citizens engagement in preparedness activities, and Cybersecurity due to the lack of elections cybersecurity infrastructure. Furthermore, the region will focus on sustaining Operational Coordination through regional collaboration, first responder communications and specialized emergency team preparedness, and Planning to align the regional credentialing program with the State Emergency Operations Center.Addressing the gaps and sustaining these core capabilities will ensure that the region is prepared during a terrorist attack.To address capability gaps and sustain current capabilities the region will be investing in organization, planning, equipment,training, and exercise.Activities will include: Interdiction and Disruption: Prepare special response teams with equipment,training, and exercising Screening, Search and Detection: Purchase and install adequate search and screening equipment to identify,discover,or locate threats and/or hazards through active and passive surveillance and search procedures for the County EOC/Public Safety Building/Courthouse Community Resilience:Conduct outreach efforts to ensure citizens are informed of actions needed to stay safe from terrorist acts,fund the Alert&Warning system Cybersecurity: Provide equipment and training to protect election systems from cyberattacks and threats Community Resilience: Support public education programs. Planning: Develop the planning,training,and exercise programs of Region 3.Through investing in these core capabilities,the mechanisms are in place for regional partners and stakeholders to understand roles and responsibilities for response and recovery to terrorist-related incidents.The region will be better prepared to manage known communication DHS-FEMA-HSGP-SHSP-FFY20 Page 3 of 8 County of Mason, E21-064,Amendment 1 systems, coordinate data and information, maintain situational awareness and coordinate an intergovernmental approach to disaster recovery which will improve the region's ability to identify, prevent and respond to a terrorist threat. SUBPROJECT#1 Low	Fc-em.ent Gres; Wo PRIMARY CORE CAPABILITIES Physical Protective Measures Risk Management for Protection Programs and Activities SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $e ea $0.00 $0.00 $0.00 WHY IS THE WORK NEEDED? GAP identified thprn w4h CIRRIS! ffeteetive mask to use in an event Previe--sly puFehased HLS gFant gas masks aFe not pFqtPrtPd whpn qPrA&d-; CAPABILITY sustained or enhanced ACTIVITIES TO BE PERFORMED P-,rr--h;;c;p IQ Unn C-50 first respendeF gas mask kits and puFehase 40 gas mask peuehes feF pFeteetive 5teFage. ASSOCIATED DELIVERABLES/OUTPUTS This pwFehase will fully equip all VICS0 line staff with IpFateetive masks. IssueFs will be fit testedd fe.r State Gempliance The masks will be pFeteeted from damage and- remain usa-hle inside the pe-r-him DESIRED OUTCOMES fnr use LE efftr-oro...ill en—sure theiF safety dUF; g Fesp.Rse activities SUBPROJECT#2 PRIMARY CORE CAPABILITIES Community Resilience Operational Coordination SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $e-ee $0.00 $0.00 $0.00 WHY IS THE WORK NEEDED? GAP identified DHS-FEMA-HSGP-SHSP-FFY20 Page 4 of 8 County of Mason, E21-064,Amendment 1 CAPABILITY sustained or enhanced ACTIVITIES TO BE PERFORMED PUFGhaSe POPtable geReFaWFS that will assist with ser=GRdary P9WeF W each ef the fiFe Stat'ORS;StatiGRS PFA-Vide'_;hP_ItP_F ASSOCIATED DELIVERABLES/OUTPUTS . DESIRED OUTCOMES SUBPROJECT#3 UAV Enhancements PRIMARY CORE CAPABILITIES Screening,Search,and Detection Situational Assessment SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $8,272.00 $0.00 $0.00 $8,272.00 WHY IS THE WORK NEEDED? GAP identified Lack of Forward Looking Infra Red(FLIR)camera and zoom capability on Unmanned Aerial Vehicles(UAVs) hinders detection and identification capabilities across all mission types. CAPABILITY sustained or enhanced Screening,Search,and Detection and Situational Assessment capabilities enhanced by providing detection and identification. ACTIVITIES TO BE PERFORMED Purchase a DII Mavic 2 Enterprise Dual (FLIR)sensor with smart controller,a DII Mavic Enterprise Zoom with smart controller and DII Mavic self-heating batteries and chargers. ASSOCIATED DELIVERABLES/OUTPUTS Immediate detection and identification capabilities across all mission types(investigations, incidents,and rescue response). DESIRED OUTCOMES Improved intelligence gathering capabilities resulting in increased safety for responders during critical incidents. SUBPROJECT#4 Fire Pagers PRIMARY CORE CAPABILITIES Operational Communications Operational Coordination DHS-FEMA-HSGP-SHSP-FFY20 Page 5 of 8 County of Mason, E21-064,Amendment 1 SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL $0.00 $0.00 $12,169.00 $0.00 $0.00 $12,169.00 WHY IS THE WORK NEEDED? GAP identified A significant reduction in and lack of volunteer and off-duty responses to emergency calls in recent years,occurring concurrently with a significant increase in emergency call volume.The existing pagers that North Mason Regional Fire Authority(NMRFA) utilizes have become obsolete and can no longer be repaired, resulting in a reduction of available pagers to distribute to staff over time. Because of the limited number of pagers,the majority of personnel are notified of emergency calls via cell phone only. Many responders who are alerted via their cell phones are consistently bombarded with calls they do not need to respond to during all hours of the day and night,such as medical aid, and have silenced or turned off their phones to provide some relief from these routine calls.This, in turn, has caused them to miss and will continue to cause them to miss large incidents that require more or specially trained personnel,such as a terrorism event.Their response is critical to improving Mason County's ability to prevent, prepare for, protect against,and respond to acts of terrorism by improving operational communication and achieving operational coordination. CAPABILITY sustained or enhanced Enhanced Operational Communications and Operational Coordination. ACTIVITIES TO BE PERFORMED Pagers with associated charger bases will be purchased and programmed by an authorized technician. Pagers will be assigned to and distributed to strategically located and/or qualified responders such as Community Response Team(CRT) members,specialized responders,command officers and personnel residing within the district. ASSOCIATED DELIVERABLES/OUTPUTS Greatly enhanced response capabilities.The pagers will notify personnel of the calls they are specifically being requested to respond to,thereby increasing the number of from-home responders who can respond to large-scale or special incidents, particularly during those"outside of business" hours.The pagers will be provided to responders not included in daily staffing, allowing increased response capability and flexibility in regional responses. DESIRED OUTCOMES The overall outcome of this project is to allow NMRFA to have a tiered response system utilizing both on-duty and off-duty personnel.The response system will continue to utilize the on-duty crews to mitigate the routine emergency calls as established. The new system will allow for a callback for different groups of personnel on an as-needed basis. DHS-FEMA-HSGP-SHSP-FFY20 Page 6 of 8 County of Mason, E21-064,Amendment 1 Attachment E Revision 120SHSP Budget Mason County Emergency Management AGREEMENT AMOUNT $20,441 AMENDED AMOUNT MODIFICATION AMOUNT LETPA $8,100.00 $61.00 $8,161.00 40%of the agreement total PERSONNEL $0.00 $0.00 $0.00 0%of the agreement total M&A $0.00 $0.00 $0.00 0%of the agreement total Sustainmen t AMOUNT MODIFICATION AMENDED AMOUNT SUBPROJECT#1 Law Enforcement Gas Mask $8,100.00 -$8,100.00 $0.00 SUBPROJECT#2 Portable Generator $12,341.00 -$12,341.00 $0.00 SUBPROJECT#3 UAV Enhancements $0.00 $8,272.00 $8,272.00 SUBPROJECT#4 Fire Pagers $0.00 $12,169.00 $12,169.00 M&A $0.00 $0.00 $0.00 SUBTOTAL $20,441.00 $0.00 $20,441.00 INDIRECT $0.00 $0.00 $0.00 TOTAL $20,441.00 $0.00 $20,441.00 National Priority Area Projects AMOUNT MODIFICATION AMENDED AMOUNT P ROJ E CT#1 $0.00 $0.00 $0.00 M&A $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 INDIRECT $0.00 $0.00 $0.00 TOTAL $0.00 $0.00_ $0.00 DHS-FEMA-HSGP-SHSP-FFY20 Page 7 of 8 County of Mason, E21-064,Amendment 1 Attachment F Revision 1 20SHSP TIMELINE Mason County Emergency Management DATE TASK September 1, 2020 Grant Agreement Start Date January 31, 2021 Submit proof of completion of Nationwide Cybersecurity Review (NCSR) -NCSR system closes December 31, 2020 February 2021 Estimated date work scheduled for one or more Subprojects October 31, 2021 Submit Reimbursement Request and Progress Report January 31, 2022 Submit Reimbursement Request and Progress Report April 30,2022 Submit Reimbursement Request and Progress Report July 31, 2022 Submit Reimbursement Request and Progress Report October 31, 2022 Submit Reimbursement Request and Progress Report November 15, 20212022 Grant Agreement End Date December 391,-29212022 Submit Final Reimbursement Request and Closeout Report HSGP Performance Period:September 1, 2020 to August 31,2023 DHS-FEMA-HSGP-SHSP-FFY20 Page 8 of 8 County of Mason, E21-064,Amendment 1 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County Emergency Management 12/16/2021 PROJECT DESCRIPTION CONTRACT NUMBER FY20-SHSP E21-064 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Randy Neatherlin Commissioner Chair Sharon Trask Commissioner Kevin Shutty Commissioner 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Tammi Wright Sr. EM Coordinator/Lead ry l� < < Jennifer Beierle Budget Manager 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Tammi Wright Sr. EM Coordinator/Lead Jennifer Beierle Budget Manager \H ME\KARENB\....\WP\SIGNAUTH Revised 3/03 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: January 18, 2022 Agenda Item # 3 Commissioner staff to complete) BRIEFING DATE: December 6, 2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Resolution deleting Fund No. 404, NBCI (North Bay Case Inlet) Sewer Utility Reserve Fund, and Fund No. 405, Wastewater System Development Fund in the 2022 Budget, as these funds are now obsolete. Background: The County has adopted a Financial Policy which states "only the minimum number of funds consistent with legal and operating requirements should be established, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration". Fund 404, NBCI Sewer Utility Reserve Fund, was created by Resolution No. 19-04 to be used for the accumulation of resources as required by the agreement between the WA State Department of Ecology and Mason County for Loan No. L0000021. Payments due to WA State Department of Ecology for Loan No. L0000021 are now paid directly from the NBCI Utility Fund No. 403, making the NBCI Sewer Utility Reserve Fund No. 404 unnecessary. Fund 405, the Wastewater System Development Fund, was created by Resolution No. 61-11 to finance the study, design, and construction of wastewater &water facilities prior to the establishment of a utility. Mason County's utility funds are all established with individual funds, thereby making this fund unnecessary. Recommended Action: Approval for the Board to sign the Resolution deleting budgetary accounting Fund No. 404, NBCI (North Bay Case Inlet) Sewer Utility Reserve Fund, and Fund No. 405, Wastewater System Development Fund Attachment: Resolution J:ABudget Office\Briefing,Agenda,&Public Hearing Items\2022\Action Agenda 1.18.2022 -Delete Funds No. 404&405.doc RESOLUTION NO. AMENDING RESOLUTION NOS. 19-04&61-11 AND AMENDING MASON COUNTY CODE CHAPTER 3.16 DELETION OF BUDGETARY ACCOUNTING FUND 404-000000-000-000, NBC[ (NORTH BAY CASE INLET) SEWER UTILITY RESERVE FUND, AND DELETION OF BUDGETARY ACCOUNTING FUND 405-000000-000-000, WASTEWATER SYSTEM DEVELOPMENT FUND WHEREAS, RCW 36.32.120, states "..the board of county commissioners...have the care of the county property and the management of the county funds and business.." WHEREAS, the NBCI Sewer Utility Reserve Fund was established for the accumulation of resources as required by the agreement between the WA State Department of Ecology and Mason County for Loan No. L0000021. WHEREAS, the Wastewater System Development Fund was established for the purpose of financing the study, design, and construction of wastewater& water facilities prior to the establishment of a utility. WHEREAS, payments due to WA State Department of Ecology for Loan No. L0000021 are paid directly from the NBCI Sewer Utility Fund No. 403, thereby making the NBCI Sewer Utility Reserve Fund No.404 obsolete. WHEREAS, Mason County's utility funds are established with individual funds,thereby making the Wastewater System Development Fund No. 405 obsolete. NOW,THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby resolve to delete the following county funds in the year 2022: 404-000000-000-000 NBCI Sewer Utility Reserve Fund 405-000000-000-000 Wastewater System Development Fund THEREFORE, BE IT FURTHER RESOLVED, that the Board of County Commissioners of Mason County authorize that beginning with the 2022 budget, Fund No. 404-000000-000-000 NBCI Sewer Utility Reserve Fund and Fund No. 405-000000-000-000 Wastewater System Development Fund are obsolete and may be deleted. DATED this day of 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith Action Agenda: x Public Hearing: Other: Department: Support Services Ext: 589 Date: January 18, 2022 Agenda Item # Commissioner staff to complete) Briefing Date: January 10, 2022 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Mason County Public Records Policy update. Background: The Mason County Public Records Policy was last updated in March of 2018. Due to additional definitions, the inclusion of utilizing GovQA for public records software and for JLARC tracking purposes, updated links, additional training information and requirements, a section for third-party notification, the addition of a body-worn video footage redaction fees, the removal of irrelevant information, and updated language due to recent case laws, this policy needed updated. Budget Impact(s): None. Recommended Action: Approval to adopt the updated Public Records Policy as presented. Attachment(s): Resolution Public Records Policy RESOLUTION NO. AMENDING RESOLUTION NO. 17-18 MASON COUNTY PUBLIC RECORDS POLICY WHEREAS, Mason County is considered a public agency as defined in the Public Records Act, RCW 42.56;and WHEREAS,the Mason County Board of County Commissioners adopted rules and procedures for the County to implement the provisions of RCW 42.56 on April 1, 2008 with amendments per Resolution no.23-12 made on April 3,2012 and per Resolution no. 17-18 made on March 13,2018;and WHEREAS, it is in the interest of the County to periodically review and update its policies and procedures; and WHEREAS,the changes include additional definitions,the inclusion of utilizing GovQA for public records software and for JLARC tracking purposes, updated links, additional training information and requirements, a section for third-party notification, the addition of a body-worn video footage redaction fees,the removal of irrelevant information,and updated language due to recent case laws. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby adopts the revised Mason County Public Records Policy as shown as"Attachment A". DATED this 18'day of Janua ,2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Kevin Shutty,Commissioner Tim Whitehead,Chief Deputy Prosecuting Sharon Trask,Commissioner Attorney �90tz COUNT 1854 Mason County Public Records Policy A. PURPOSE The purpose of this policy is to provide clear guidelines by which Mason County implements and ensures compliance with the provisions of RCW 42.56, Public Records Act. These guidelines will allow for the fullest assistance to requestors and ensure the timeliest possible action for requests for records while preventing excessive interference with other essential functions of Mason County. B. OTHER CONSIDERATIONS 1. "Public Record"means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared,owned,used,or retained by the County regardless of physical form or characteristics. Records created or received by employees using privately owned devices only qualify as public record if the employee was acting within the scope of employment when the record was created or received or when the record is subsequently used for a County purpose. Mason County strongly discourages employees from using personal devices when conducting business. If an employee does use a personal device for County business, the employee may be required to surrender their device to the County for inspection. 2. A public record request only applies to records that exist at the time of the request. Requestors cannot make"standing"requests. 3. When the same requestor simultaneously submits multiple separate requests or makes one or more additional requests when previous requests are open, staff may queue the requests in the order in which they were received. Staff is not required to work on additional requests until the initial request(s)are completed and closed. 4. Automatically.generated,or bot,requests received from the same requestor within a 24-hour period may be denied if the requests cause excessive interference with the other essential functions of the County. 5. If a request is for all, or substantially all, records of an office or department of Mason County that is not relating to a particular topic,the request can be denied. C. INTERPRETATION AND CONSTRUCTION The provisions of this policy shall be liberally interpreted and construed to promote full access to the County's public records in order to assure continuing public confidence in government;provided,that when making public records available,the County shall prevent unreasonable invasions of privacy,protect public records from damage, loss, disorganization, and prevent excessive interference with essential government functions. D.PUBLIC RECORDS AVAILABLE Public records are available for public inspection and copying pursuant to this policy except as otherwise provided by law. Public records shall be available for inspection and copying during regular business hours. The Public Records Officer may ask the requestor to make an appointment to inspect the records. Some records are available on the Mason County website at: hgps://www.masoncouniyAa.gov/. Requestors are encouraged to view the documents on the website prior to submitting a request. Frequently asked questions can be found on the Public Records Center website. E.DESIGNATING A PUBLIC RECORDS OFFICER The Public Records Officer shall serve as the point of contact for members of the public who request the disclosure of public records. 1. Each of the County's elected officials shall appoint a Public Records Officer who shall be responsible for the implementation and compliance with this policy and the Public Records Act. If a Public Records Officer is not appointed,the Public Records Officer shall be the Elected Official. The departmental Public Records Officer will be available for assistance to the public and may delegate any of their responsibilities to department staff but will ultimately remain responsible for overseeing compliance with the Public Records Act and Public Records Policy. 2. An alternate Public Records Officer shall be designated by each appointing authority to act when the designated Public Records Officer is not available due to vacation, sick leave, or is otherwise unavailable to act. 3. Unless otherwise designated by the Board of County Commissioners: a. The Clerk of the Board of County Commissioners shall be the Public Records Officer for the Board of County Commissioners and for Mason County. b. The Public Records Officer for the departments reporting to the Board of County Commissioners shall be the department head. c. The Public Records Officer for every volunteer board appointed by and reporting to the Board of County Commissioners shall be the Clerk of the Board. 4. The departmental Public Records Officer shall: a. Complete all training course requirements for the Public Records Act and for records retention no later than ninety(90)days after assuming responsibilities as a Public Records Officer pursuant to RCW 42.56.150 and 42.56.152; b. Complete refresher training at intervals of no more than four (4) years as long as they maintain the Public Records Officer designation; c. Be responsible for creating and implementing department processes regarding disclosure of public records; d. Serve as the principal contact point with any requestor who has made a records request; e. Track and log departmental time spent responding to public records requests using GovQA; f. Assist in gathering data and information required for reporting requirements under RCW 42.56;and Mason County encourages all employees to obtain and continue public records training. 5. Each Public Records Officer shall maintain a record of all public record requests made to their office using the GovQA Public Records software and include: a. The requesting party's contact information including name, address, telephone number, and email address if provided; b. Record(s)requested; c. Date the request was received; d. Date of the five-day response letter; e. If a time extension was given; f. If clarification was sought; g. If responsive records were provided; h. If the responsive records were provided in an installment basis; i. If physical records were provided and/or scanned in; j. An estimated completion date; k. An actual completion date; 1. Type of requestor(individual,business, law firm, etc.); in. Description of records redacted or withheld and the reason and RCW for redaction or withholding; n. Fees charged;and o. Time spent locating and/or redacting responsive records. 6. A list of the County's Public Records Officers and their contact information shall be made available to the public,without cost,and shall be posted on the County's website. A copy of this policy and Public Record Request forms shall also be made available to the public,without cost,and shall be posted on the County's website. The individuals serving as the Public Records Officer is subject to change. Information for the individual(s) serving as the Public Records Officer shall be communicated to the Clerk of the Board who will ensure that the most accurate information is reflected on the County website and in the Public Records Center. F.PUBLIC RECORDS REQUESTS—HOW MADE Requests to inspect or copy a public record must be made to the Public Records Officer. Public records may be inspected and/or copies may be obtained under the following procedures. 1. Public record requests should be made via the Public Records Portal or in writing and should include the following information: a. The requestor's name,mailing address,email address,and telephone number; b. The date of the request; c. If in writing, a clear indication that the document is a"Public Records Request"; d. Whether responsive records are to be sent via the Public Records Portal, email, physical mail, or inspected in person; e. A clear description of the public records requested for inspection and/or copying; and f. If the request is for a list of individuals, a Declaration of Non-Commercial Purpose Form, incorporated herein as "Exhibit A", must be signed and submitted to the County stating that the list will not be used for any commercial purposes or that the requestor is authorized or directed by law to obtain the list of individuals for commercial purposes with a specific reference to such law. 2. The County does not accept public record requests via social media as social media sites are not monitored. 3. The Public Records Officer shall document all verbal requests for public records. The Public Records Officer will make their best effort to capture what the requestor intended to request and will verify with the requestor what documents are being requested. The Public Records Officer's documentation will prevail against any claim made by the requestor that the documented request was inaccurate or incomplete. A person making an oral request for public records must provide the information listed in the subsection above. The Public Records Officer shall seek a written request if the response may include any of the following: a. A list of individuals; b. Requests not identifying a specific public record; c. Subjects of current,threatened,or potential litigation; d. More than 100 pages of records; or e. Public records or information exempt from disclosure. 4. It is the requestors obligation to provide Mason County with fair notice that a public records request has been made. When a requestor does not use the Public Records Portal or an official Public Records Request form,or makes a request to an employee who is not a Public Records Officer, or includes a request as part of other documents provided to the County for reasons other than making a public records request,the requestor may not be providing fair notice. 5. Record requests are deemed received by the County during normal business hours only. Requests sent on a weekend, holiday,or outside of business hours shall be considered received at 8:00 a.m. the next business day. G.RESPONSE TO PUBLIC RECORD REQUESTS 1. The Public Records Officer shall, to the extent practicable, assist requestors in identifying the public records sought. ' 2. There is no obligation to allow inspection or provide a copy of a public record on demand. 3. Within five (5) business days after receiving a public record requests, excluding weekends and holidays, the Public Records Officer shall respond to the request in writing. The Public Records Officer shall provide one or more of the following responses: a. The request for inspection of public records is approved and whether an appointment for inspection needs to be scheduled by the requestor; b. The request for copies of public records is approved and the copies of all requested records are enclosed with the responsive or a link to the responsive documents is given; c. The request has been received by the Public Records Officer and additional time is needed to respond to the request and stating a reasonable estimate of time required to respond. In addition,a revised reasonable time estimate may be needed based on: i. Unexpected or unforeseen delays encountered during the processing of the request; ii. Additional requests submitted by the same requestor while the initial request is in process; iii. Change in staffing,resources, general workload, schedule; and/or iv. Other changed circumstances or other considerations ascertained during processing. d. The request has been received by the Public Records Officer and the records shall be provided on a partial or installment basis as the records are identified, located,assembled, and/or made ready for inspection or copying; e. The request is denied, in whole or in part, whether by withholding a requested record or redacting a requested record stating the specific exemption(s)prohibiting disclosure and a brief explanation of how the exemption applies to each withheld and redacted record; f. The requesting party is asked to provide a down payment equal to 10% of the estimated cost of providing the records sought; or g. The request has no responsive records. 4. When a request is for a large volume of records, the Public Records Officer may elect to provide the records on an installment basis. If the requestor fails to arrange for the review of the first installment within thirty (30) days of receiving a response from the Public Records Officer, the Public Records Officer may deem the request abandoned and stop fulfilling the remainder of the request. The Public Records Officer shall inform the requestor in writing that the public record request is closed. 5. If, after responding to the request, additional records are found, the Public Records Officer shall notify the requestor of the finding within two(2)business days of the finding. 6. Additional time to respond to a request may be based upon the County's need to: a. Clarify the intent of the request; b. Identify, locate,assemble, and/or make the records ready for inspection or disclosure; c. Notify employees or third parties affected by the request pursuant to RCW 42.56.540; or d. Determine whether any of the records or information requested is exempt from disclosure and whether a denial or redaction should be made to all or part of the request. 7. If a requestor fails to clarify a request within thirty(30)business days of receiving a response from the Public Records Officer seeking clarification, the Public Records Officer shall respond to the portion(s)of the request that are not in question. If the entire request is unclear and no response is received within thirty (30) business days, the Public Records Officer need not respond further to the request and will inform the requestor in writing that the public record request is closed. 8. If the Public Records Officer does not respond in writing within five(5)business days after receipt of a request for public records,the requestor should contact the Public Records Officer to determine the reason for failure to respond. The requestor is entitled to seek review by the Elected Official/Department Head or Prosecuting Attorney/Prosecuting Attorney's designee. 9. If the Public Records Officer provides an estimate of time required to respond to the request and the requestor believes the amount of time stated is not reasonable, the requestor may request that the Elected Official/Department Head or Prosecuting Attorney/Prosecuting Attorney's designee review the estimate of time. 10. When a request for public records is received that concerns a subject known to involve litigation that is pending, threatened, or anticipated, the Public Records Officer shall promptly notify the Prosecuting Attorney of the request. 11. Staff shall not be obligated to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so if reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with other essential job functions. Requestors may request paper copies of electronic records, subject to applicable copying charges. 12. Responses to public record requests, including responses by email,are subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State and shall be maintained accordingly. H.NOTIFICATION 1. Per RCW 42.56.540, the Public Records Officer may send a third-party notice to specific individuals to notify them that their name appears in or is the subject of a responsive record. These individuals may seek a court order, injunction,to prevent or limit the disclosure of the record(s). 2. Individuals will have no less than seven (7) business days to notify the Public Records Officer of their intent to seek injunction. 3. Notification will include: a. Cover letter; b. Copy of the original request; c. Copy of the applicable statute; d. All responsive records applicable to the addressee of the notification in the format in which they will be released to the requestor. 4. All records regarding an ongoing investigation are exempt from public disclosure while the investigation is ongoing. Complainants,other accusers,and witnesses must be informed that their identities will be redacted from investigation records (including the investigation report) unless they consent to disclosure. I.EXEMPTIONS I. When denying or redacting a public record,the Public Records Officer shall provide the requestor with an index showing the title of the record, the author, recipient, date, number of pages, exemption authority,and a brief explanation for withholding. 2. If a request concerns any of the following topics,the Public Records Officer should closely examine the applicable statutes that may prohibit or restrict access and shall consult with the Prosecuting Attorney prior to responding to the public record request. This list is not exhaustive and other exemptions may exist: a. Job application materials; b. Residential addresses, personal phone numbers, and/or personal email addresses of employees and volunteers; c. Personnel files of current and retired employees and volunteers; d. Taxpayer information that is private; e. Investigative records compiled by Law Enforcement, Probation Officers, and Code Enforcement Officers; f. Identity of witnesses to a crime or persons who file complaints with investigation and law enforcement agencies including the Sheriff's Office, Prosecuting Attorney, and Code Enforcement Officers; g. Test questions, scoring keys,or information for employment examinations; h. Real estate appraisals made for an agency relative to the acquisition or sale of property; i. Valuable designs,formulae,drawings,and research data; j. Preliminary drafts, notes, or recommendations in which opinions are expressed as part of the deliberative process; k. Attorney work product pertaining to pending,threated,or completed litigation; 1. Attorney-client privileged communications; in. Complaints and investigative records compiled in connection with claims of discrimination in employment; n. Credit card numbers; o. Medical records and information; p. Information pertaining to victims of a crime; q. Information regarding organized crime; r. Traffic accident reports prepared by citizens; s. Industrial insurance claim files and records;and t. Identity of child victims of sexual assault. J.FEES 1. No fee will be charged for the inspection of a public record. No fee will be charged for locating public records and making them available for inspection or copying. 2. No fee will be charged for searching for public records, redacting portions of the record that are exempt from disclosure,or preparing an index of exempt documents. 3. It is within the discretion of the Public Records Officer to waive copying fees when: a. All of the records responsive to an entire request are paper copies only and are twenty-five (25)or fewer pages;or b. All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred (100) printed pages. If that email, for any reason, is not deliverable, the records will be provided through another means of delivery and the requestor will be charged in accordance with this rule. 4. A reasonable fee shall be charged to reimburse Mason County for the cost of delivering copies of public records to a requestor, including the cost of packaging,postage, and/or delivery service. 5. The Public Records Officer may, at their discretion, send records to a private copy service for copying, in which case the fee shall be the actual charge imposed for copying plus any and all applicable taxes and shipping costs. 6. All required fees must be paid in advance of the release of the copies or an installment of copies, or in advance of when a deposit is required. Mason County will notify the requestor of when the payment is due. The County prefers not to receive cash; however, for cash payments it is within the Public Records Officer's discretion to determine the denomination of bills and coins that will be accepted. All checks must be made payable to"Mason County Treasurer". 7. Pursuant to RCW 42.56.120(2)(b), Mason County is not calculating all actual costs for copying records. To do so would be unduly burdensome for the following reasons: a. Mason County does not have the resources to conduct a study to determine actual copying costs; b. To conduct such a study would interfere with other essential agency functions; and c. Through the 2017 Legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120(2)(b)and(c), (3)and(4). 8. The fee for searching records, researching, and/or providing a copy of a public record is pursuant to the default fees in RCW 42.56.120(2)(b) and (c). Mason County will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the County may charge other copy fees authorized by statutes outside of RCW 42.56. Mason County may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The County shall take reasonable steps to provide the records in the most efficient and costly manner available to the County in its normal operations. The charges for copying methods used by Mason County are summarized in the fee schedule available on the County website. Otherwise, the following fee schedule shall apply: 8.5"x 14"or smaller black and white copies $0.15/page Oversized color copies $1.00/page Greenbar computer printouts $1.00/page All items sent to a private copy service Actual charge Audio recordings/electronic records saved to a compact disc $5.00/compact disc Postage and boxes Actual charge Fax(8.5"x 11"only) $1.00/page Envelopes $0.50/each Electronic records sent via email $0.05/every four files Paper records converted to PDF $0.10/page Transmission of records in electronic format $0.1 0/gigabyte Redaction costs for body-worn video footage *current salary rate/minute *This fee is for actual time to redact body-worn camera video footage for requestors who are individuals not directly involved in the incident or their attorney. 9. The Public Records Officer may require a deposit in the amount of ten percent (10%) of the estimated fees for an installment or an entire request or if the customized service charge exceeds $25.00. If the Public Records Officer responds to a request on a partial or installment basis, the requestor shall be charged for each part of the installment in response to the request. No sales tax will be charged. 10. Failure to pay: a. If a requestor fails to pay the required deposit,the public records request shall be deemed complete without further action; or b. If a requestor fails to pay for records provided, the requestor will be required to pay the outstanding obligation in full prior to any other records requests being fulfilled. K.PROTECTION OF PUBLIC RECORDS 1. The Public Records Officer shall, to the extent practicable, ensure that records requested are not removed from the premises nor misplaced or misfiled by members of the public during inspections. Original records shall not be released to the public for the purpose of allowing the individual making the request to make copies. 2. No public records shall be filed or retained at any location other than County property. Any public record that is prepared at an offsite location shall be promptly delivered to the County for filing. 3. No member of the public may remove an original document from any office. The requestor shall indicate which documents they wish to have copied. L.SEARCHING PUBLIC RECORDS—BACKUP& SECURITY COPIES 1. In order to prevent excessive interference with essential functions of the County,the County shall not search backup or security systems for copies of public records when originals of such records have been identified, located,and are available for inspection and/or copying. 2. Access to public records does not include access to County computer systems or terminals unless those terminals, if any,were designed specifically for public use. M.REVIEW OF DENIALS OF PUBLIC RECORDS REQUESTS 1. Any person who objects to the initial denial,partial denial, reasonable charges, or reasonable time estimate to produce copies of a request for public records may petition in writing, including email, to the Public Records Officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the Public Records Officer denying the request. 2. The Public Records Officer shall promptly provide the petition and all relevant information to the Prosecuting Attorney/Prosecuting Attorney's designee. That person will immediately consider the petition and either affirm or reverse the denial within two(2)business days following the County's receipt of the petition or within such other time as the County and the requestor mutually agree to. 3. Any individual has the right to obtain a court review of the denial, partial denial, reasonable charges,and/or reasonable time estimate to produce copies of a request pursuant to RCW 42.56.550 at the conclusion of two (2) business days after the initial denial regardless of any internal administrative appeal. N.ELECTRONIC RECORDS Mason County produces and maintains electronic records to maximize efficiency in fulfilling its basic public service functions. Many electronic records are public records subject to disclosure under the Public Records Act. 1. At the option of the Public Records Officer, electronic records may be printed and provided in paper format. If an electronic record is not capable of being printed in an understandable format, or if the requestor prefers the electronic record in electronic format,then the electronic record will be provided in the native format in which the record is maintained by the County. 2. The Public Records Officer does not have an obligation to convert an electronic record to a format that is different than the original format maintained by the County. 3. If a requestor seeks an electronic record in an electronic format that contains exempt information, the Public Records Officer may redact the exempt information by creating a new electronic record without said exempt information. If the requestor seeks an electronic record in its native electronic format that contains exempt information, the requestor may be responsible for the actual costs associated with customized access. 4. Paper records that are not available in electronic format may be converted to an electronic format by request. The requestor will be responsible for applicable scanning fees. O.INDEX OF RECORDS NOT MAINTAINED For the reasons stated in Resolution no. 44-08, incorporated herein as "Exhibit B", Mason County finds that it would be unduly burdensome to maintain an index of records. P.RETENTION&DESTRUCTION OF PUBLIC RECORDS The Washington State Archivist has developed retention schedules for many categories of local government. Records of the County shall be retained and destroyed consistent with these retention schedules. Copies of the retention schedules are available from Archives and Records Management at the Office of the Secretary of State. If a public records request is made at a time when a record exists, but is scheduled for destruction in the near future, the Public Records Officer shall direct that the record be retained until the request is complete. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Tammi Wright Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 800 COMMISSION MEETING DATE: 01/18/2022 Agenda Item # .5 Commissioner staff to complete) BRIEFING DATE: 1/10/2022 BRIEFING PRESENTED BY: Tammi Wright [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: FY21- Emergency Management Performance Grant (EMPG) - ARPA contract E22-205 approval. Background: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The purpose of the FY2021 EMPG American Rescue Plan Act (ARPA) program is to provide US Dept. of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in our workplan (continue countywide Continuity Planning). The 2021 EMPG- ARPA grant amount is $14,205. The grant time period runs from August 30, 2021 through December 31, 2022. There is a 50% match to the grant, which comes from the 2022 DEM salaries and supplies budget lines. The grant paperwork has been reviewed by the Mason County Prosecuting Attorney's Office for its form. RECOMMENDED ACTION: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The purpose of the FY2021 EMPG American Rescue Plan Act (ARPA) program is to provide US Dept. of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of 1/12/2022 those programs as described in our workplan (continue countywide Continuity Planning). The 2021 EMPG- ARPA grant amount is $14,205. The grant time period runs from August 30, 2021 through December 31, 2022. There is a 50% match to the grant, which comes from the 2022 DEM salaries and supplies budget lines. The grant contract has been reviewed by the Mason County Prosecuting Attorney's Office for its form. Attachment(s): FY21 EMPG-ARPA grant contract E22-205 Signature Authorization Form 1/12/2022 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AMERICAN RESCUE PLAN ACT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: County of Mason $14,205 E22-205 Division of Emergency Management(DEM) 100 W Public Works Drive Shelton,WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Tammi Wright,360-427-9670 x800 June 1,2021 December 31,2022 tammiw@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): John Hollingsworth,253-512-7044 069580751 232-002-101 john.hollingsworth@mil.wa.gov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S.De artment of Homeland Security(DHS) 11. Federal Award ID#(FAIN): 12. Federal Award Date: 13.Assistance Listings#(formerly CFDA)&Title: EMS-2021-EP-00008-S01 08/30/2021 1 97.042 21EMPG-ARPA 14. Total Federal Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN: $2,136,034 713PA NZ 1 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 Mason Certified: N N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6, 10 ❑ YES, OMWBE# 20.Agreement Classification: 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services ® Public/Local Gov't ❑ Contract N Grant ® Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply): N "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A N Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR N SUBRECIPIENT❑ OTHER 24. PURPOSE&DESCRIPTION: The purpose of the Fiscal Year(FY) 2021 Emergency Management Performance Grant American Rescue Plan Act(21EMPG- ARPA) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 21EMPG-ARPA DHS Award Letter for Grant No.EMS-2021-EP- 00008-S01,which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement.The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet;Special Terms&Conditions(Attachment A);General Terms and Conditions(Attachment B);21 EMPG-ARPA Award Letter EMS-2021-EP-00008-S01 (Attachment C);Work Plan(Attachment D);Timeline(Attachment E); Budget(Attachment F);and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Jennifer Beierle, Budget Manager Washington State Military Department Mason County BOILERPLATE APPROVED AS TO FORM: AP r S TO FORM (if applicable): Dawn C. Cortez [August 10, 20211 Assistant Attorney General r5ubreOont's L al Review Date DHS-FEMA-EMPG-ARPA-FY21 Page 1 of 34 Mason County DEM, E22-205 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Tammi Wright Name John Hollingsworth Title Senior EM Planner Title Program Coordinator Email tammiw@co.mason.wa.us Email john.hollingsworth@mil.wa.gov Phone 360-427-9670 x800 Phone 253-512-7044 Name Diane Zoren Name Tirzah Kincheloe Title Central Services Manager Title Program Manager Email dlz@co.mason.wa.us Email tirzah.kincheloe@mil.wa.gov Phone 1 360-427-9670 x747 Phone 253-512-7456 Name Name Courtney Bemus Title Title Program Assistant Email Email courtney.bemus@mil.wa.gov Phone Phone 1 253-316-6438 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21 EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document(the Manual), the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 21EMPG-ARPA funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 21 EMPG-ARPA funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21 EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and requirements of The Department DHS-FEMA-EMPG-ARPA-FY21 Page 2 of 34 Mason County DEM, E22-205 of Homeland Security(DHS) Notice of Funding Opportunity(NOFO) Fiscal Year (Fl) 2021 Emergency Management Performance Grant(EMPG) document, the Manual, the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 21 EMPG-ARPA federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VI to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to ReimbursementsCc�mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended DHS-FEMA-EMPG-ARPA-FY21 Page 3 of 34 Mason County DEM, E22-205 reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five(45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or(2)written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement(including, but not limited to, those reports in the Timeline)will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent(10%)of the Grant Agreement Amount.Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace(supplant)non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report,the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. e. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities DHS-FEMA-EMPG-ARPA-FY21 Page 4 of 34 Mason County DEM, E22-205 assessments, and data calls. Non-participation may result in withholding of funding under future grant years. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes,when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) D. Assistance Listings Number(formerly CFDA Number) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property.Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible DHS-FEMA-EMPG-ARPA-FY21 Page 5 of 34 Mason County DEM, E22-205 return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of$5,000 or less may be retained, sold,transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at hftps://www.fema.gov/grants/guidance- tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: DHS-FEMA-EMPG-ARPA-FY21 Page 6 of 34 Mason County DEM, E22-205 i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. g. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/qrants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under DHS-FEMA-EMPG-ARPA-FY21 Page 7 of 34 Mason County DEM, E22-205 consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. C. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), a-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. DHS-FEMA-EMPG-ARPA-FY21 Page 8 of 34 Mason County DEM, E22-205 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/quidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.Iep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive FY 2021 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/sites/default/files/2020-07/fema nims implementation-ob4ectives- 20180530.pdf. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the 21 EMPG-ARPA is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. DHS-FEMA-EMPG-ARPA-FY21 Page 9 of 34 Mason County DEM, E22-205 C. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget(Attachment F).To meet matching requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. d. Subrecipients shall participate in the State's annual Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. e. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. . If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/fiiles/2020- 04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. f. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims training program.pdf (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel) and ii. Either(1)the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS- 241, IS-242, and IS-244, or (2)the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 21 EMPG-ARPA funding,the Subrecipient shall comply with all applicable DHS terms and conditions of the 21 EMPG-ARPA Award Letter and its incorporated documents for DHS Grant No. EMS-2021-EP-00008-S01, which are incorporated and made a part of this Agreement as Attachment C. DHS-FEMA-EMPG-ARPA-FY21 Page 10 of 34 Mason County DEM, E22-205 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. "Stakeholders Preparedness Report(SPR)"The SPR is an annual three-step self-assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for all other purposes. g. "Threat and Hazard Identification and Risk Assessment(THIRA)" The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. DHS-FEMA-EMPG-ARPA-FY21 Page 11 of 34 Mason County DEM, E22-205 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/reguiredgrantforms.Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management(https://sam.gov/SAMn maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List(https://www.des.wa.gov/services/contracting- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act(ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-ARPA-FY21 Page 12 of 34 Mason County DEM, E22-205 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.317 General procurement standards through 200.327 Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at$250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and DHS-FEMA-EMPG-ARPA-FY21 Page 13 of 34 Mason County DEM, E22-205 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part DHS-FEMA-EMPG-ARPA-FY21 Page 14 of 34 Mason County DEM, E22-205 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. DHS-FEMA-EMPG-ARPA-FY21 Page 15 of 34 Mason County DEM, E22-205 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of(1)the Department, and (2)the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. DHS-FEMA-EMPG-ARPA-FY21 Page 16 of 34 Mason County DEM, E22-205 A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law,the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number(formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). DHS-FEMA-EMPG-ARPA-FY21 Page 17 of 34 Mason County DEM, E22-205 b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three(3)years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions,terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term"non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. DHS-FEMA-EMPG-ARPA-FY21 Page 18 of 34 Mason County DEM, E22-205 The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F,the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. DHS-FEMA-EMPG-ARPA-FY21 Page 19 of 34 Mason County DEM, E22-205 A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination,the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or(2)failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. DHS-FEMA-EMPG-ARPA-FY21 Page 20 of 34 Mason County DEM, E22-205 The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may use the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-ARPA-FY21 Page 21 of 34 Mason County DEM, E22-205 Attachment C 21 EMPG-ARPA Award Letter EMS-2021-EP-00008-S01 Award Letter U.S. Department of Homeland Security Washington, D.C.20472 Bret Daugherty Washington Military Department Building 20 Camp Murray,WA 98430-5122 Re:Grant No.EMS-2021-EP-00008 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security,your application for financial assistance submitted under the Fiscal Year(FY)2021 Emergency Management Performance Grants has been approved in the amount of$2,136,034.00. As a condition of this award,you are required to contribute a cost match in the amount of$2,136,034.00 of non-Federal funds, or 50 percent of the total approved project costs of$4,272,068.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2021 Emergency Management Performance Grants Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand,and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1:Please log in to the ND Grants system at https:Hportal.fema.gov. Step 2:After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub-menu, and then click the link for"Award Offer Review"tasks. This link will navigate you to Award Packages that are pending review. Step 3:Click the Review Award Package icon(wrench)to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management(SAM):Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM;therefore, it is imperative that the information is correct.The System for Award Management is located at=11 www.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS) know as soon as possible.This will help us to make the necessary updates and avoid any interruptions in the payment process. PATRICK GERARD MARCHAM DHS-FEMA-EMPG-ARPA-FY21 Page 22 of 34 Mason County DEM, E22-205 Agreement Articles Thu Oct 01 00:00:00 GMT 2020 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS-2021-EP-00008-S01 TABLE OF CONTENTS Article I Limited English Proficiency(Civil Rights Act of 1964,Title VI) Article II Universal Identifier and System of Award Management Article III Environmental Planning and Historic Preservation(EHP) Review Article IV Prior Approval for Modification of Approved Budget Article V Americans with Disabilities Act of 1990 Article VI SAFECOM Article VI Acceptance of Post Award Changes Article VI I Rehabilitation Act of 1973 Article IX National Environmental Policy Act Article X Acknowledgement of Federal Funding from DHS Article XI USA PATRIOT Act of 2001 Article XI Age Discrimination Act of 1975 Article XIII Civil Rights Act of 1964-Title VI Article XIV Notice of Funding Opportunity Requirements Article XV Trafficking Victims Protection Act of 2000 (TVPA) Article XVI Non-Supplanting Requirement DHS-FEMA-EMPG-ARPA-FY21 Page 23 of 34 Mason County DEM, E22-205 Article XVII Drug-Free Workplace Regulations Article XVIII Federal Leadership on Reducing Text Messaging while Driving Article XIX DHS Specific Acknowledgements and Assurances Article XX Best Practices for Collection and Use of Personally Identifiable Information Article XXI Civil Rights Act of 1968 Article XXII Debarment and Suspension Article XXIII Activities Conducted Abroad Article XXIV Energy Policy and Conservation Act Article XXV Procurement of Recovered Materials Article XXVI Terrorist Financing Article XXVII Hotel and Motel Fire Safety Act of 1990 Article XXVIII Duplication of Benefits Article XXIX Fly America Act of 1974 Article XXX Reporting of Matters Related to Recipient Integrity and Performance Article XXXI Lobbying Prohibitions Article XXXII False Claims Act and Program Fraud Civil Remedies Article XXXIII Federal Debt Status Article XXXIV Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXXV Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Article XXXVI Copyright Article XXXVII Reporting Subawards and Executive Compensation Article XXXVII I Use of DHS Seal, Logo and Flags DHS-FEMA-EMPG-ARPA-FY21 Page 24 of 34 Mason County DEM, E22-205 Article XXXIX Whistleblower Protection Act Article XL Assurances,Administrative Requirements, Cost Principles, Representations and Certifications Article XLI Disposition of Equipment Acquired Under the Federal Award Article XLII Patents and Intellectual Property Rights Article I-Limited English Proficiency(Civil Rights Act of 1964,Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov. Article II-Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article III-Environmental Planning and Historic Preservation(EHP)Review DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation(EHP) review process.This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations;and,any other applicable laws and Executive Orders.To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s),you must complete all relevant sections of this form and submit it to the Grant Programs Directorate(GPD)along with all other pertinent project information.The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable,and DHS/FEMA. Article IV-Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. Section 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(f) regarding the transfer of funds among direct cost categories, programs,functions, or activities. Therefore,for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs,functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%)of the total budget FEMA last approved.You must report any deviations from your FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article V-Americans with Disabilities Act of 1990 DHS-FEMA-EMPG-ARPA-FY21 Page 25 of 34 Mason County DEM, E22-205 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990)(codified as amended at 42 U.S.C. sections 12101-12213),which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities. Article VI-SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article VII-Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at(866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. Article VIII-Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112(1973), (codified as amended at 29 U.S.C. section 794,)which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article IX-National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969(NEPA), Pub. L.91-190 (1970)(codified as amended at 42 U.S.C. section 4321 et seg.)and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article X-Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XI-USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56,which amends 18 U.S.C. sections 175-175c. Article XII-Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XIII -Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at 42 U.S.C. section 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XIV-Notice of Funding Opportunity Requirements DHS-FEMA-EMPG-ARPA-FY21 Page 26 of 34 Mason County DEM, E22-205 All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XV-Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), codified as amended at 22 U.S.C. section 7104.The award term is located at 2 C.F.R. section 175.15,the full text of which is incorporated here by reference. Article XVI-Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Article XVII-Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001,which adopts the Government-wide implementation(2 C.F.R. Part 182)of Sec. 5152-5158 of the Drug-Free Workplace Act of 1986(41 U.S.C. sections 8101-8106). Article XVIII-Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XIX-DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,facilities,and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records,accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or,for State Administrative Agencies,thirty(30)days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two(2)years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov.This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS.The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article XX-Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information(PII)are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PI they collect. DHS defines PI as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments. Privacy Guidance at http://www.dhs.gov/xlibrary/assets/ DHS-FEMA-EMPG-ARPA-FY21 Page 27 of 34 Mason County DEM, E22-205 privacy/privacy_pia_guidance_june20l O.pdf and Privacy Template at https://www.dhs.gov/sites/default/files/publications/ privacy_pia template 2017.pdf as useful resources respectively. Article XXI-Civil Rights Act of 1968 Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings,or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability,familial status, and sex(see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XXII-Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.) 12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards,and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXIII-Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXIV-Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163(1975) (codified as amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXV-Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272(1965), (codified as amended by the Resource Conservation and Recovery Act,42 U.S.C. section 6962.)The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXVI-Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXVII-Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, recipients must ensure that all conference, meeting,convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. section 2225.) Article XXVIII-Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies;to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXIX-Fly America Act of 1974 DHS-FEMA-EMPG-ARPA-FY21 Page 28 of 34 Mason County DEM, E22-205 Recipients must comply with Preference for U.S. Flag Air Carriers(air carriers holding certificates under 49 U.S.C. section 41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C.section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXX-Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements,and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award,then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXI-Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXXII-False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733,which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812,which details the administrative remedies for false claims and statements made.) Article XXXIII-Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXXIV-Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article XXXV-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at C.F.R. Part 17 and 44 C.F.R. Part 19. Article XXXVI-Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship(including the award number)to any work first produced under federal financial assistance awards. Article XXXVII-Reporting Subawrards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVIII-Use of DHS Seal,Logo and Flags DHS-FEMA-EMPG-ARPA-FY21 Page 29 of 34 Mason County DEM, E22-205 Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XXXIX-Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XL-Assurances,Administrative Requirements,Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget(OMB)Standard Form 424B Assurances-Non-Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.)Part 200, and adopted by DHS at 2 C.F.R. Part 3002. By accepting this agreement,the recipient and its executives, as defined in 2 C.F.R. section 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article XLI-Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency,you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLII-Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. BUDGET COST CATEGORIES Personnel $438,972.00 Fringe Benefits $170,301.00 Travel $0.00 Equipment $0.00 Supplies $16,875.00 Contractual $3,596,694.00 Construction $0.00 Indirect Charges $49,226.00 Other $0.00 DHS-FEMA-EMPG-ARPA-FY21 Page 30 of 34 Mason County DEM, E22-205 Obligating Document for Award/Amendmeilt 1 Ia.AGREEMENT NO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO. EMS-2021-EP-00008-SOl *** RECIPIENT ,AWARD FY2021RIOEMPGARPA NO. 916001095G ' 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND S.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS 'FEMA Finance Center Washington Military i FEMA-GPD 1 430 Market Street Department 400 C Street,SW,3rd floor ;Winchester,VA 22603 Building 20 Washington,DC 20472-3645 Camp Murray,WA,98430- POC:866-927-5646 5122 9.NAME OF RECIPIENT !PHONE NO. ',10.NAME OF FEMA PROJECT COORDINATOR rvi PROJECT OFFICER i 2535127456 i Central Scheduling and Information Desk Tirzah Kincheloe Phone:800-368-6498 Email:Askcsidtu�.dhs.gov 11.EFFECTIVE DATE OF i 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION i METHOD ;Cost Reimbursement From: To 10/01/2020 OF 10/01/2020 09/30/2023 3 PAYMENT Budget Period PARS 10/01/2020 09f30/2023 15.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) j PROGRAM CFDA NO. ACCOUNTING DATA i PRIOR AMOUNT CURRENT j CUMULATIVE NON- NAME (ACCS CODE) >TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX XXX-XXXXsx- 'AWARD ;THIS AWARD XKXX {-XXXXXXXXX i ACTION , +OR Emergency ?97.042 ,2021-FD-GA01-R107-4120-D $0.00 $2,136,034.00 $2,136,034.00' See Totals Management R Performance ? Grants $0.00 S2,136,034.00 $2,136,034.00 $2,136,034.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Tirzah Kincheloe,Mrs ?Wed Sep 01 18:27:36 GMT 12021 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Mon Aug 3015:41:01 GMT THERESA MUSCAT BARA,Program Manager 2021 DHS-FEMA-EMPG-ARPA-FY21 Page 31 of 34 Mason County DEM, E22-205 Attachment D WORK PLAN FY 2021 Emergency Management Performance Grant-American Rescue Plan Act Emergency Management Organization: Mason County Division Emergency Management(DEM) The purpose of EMPG-ARPA is to assist with the enhancement,sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG-ARPA funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG-ARPA funding. However,there are required capabilities that must be sustained in order to remain eligible for EMPG-ARPA funding, including but not limited to the ability to communicate and warn,educate the public, plan,train,exercise,and be NIMS compliant.The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). • 3.2 Coordination Primary Core Capability Planning Secondary Core Capability Long-term Vulnerability Reduction Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 Hire an additional person to assist in Because of the COVID-19 pandemic, This funded position will be able to countywide continuity planning. each department in Mason County contact all of the County offices/ Activities will include: government was impacted in their departments to gain the - Developing a COOP template ability to perform essential tasks information needed to complete a - Individually meeting with county and a COOP would have pre- countywide COOP plan which will departments to assist them in identified succession planning, include a succession planning and developing their individual essential/non-essential tasks and be trained on with staff. department COOP personnel, basic emergency - Monitoring plans for duplicated operations, and other critical tasks efforts and provide coordinated during the pandemic.This plan will planning under the County's provide that capability in any future Continuity of Government plan emergency/disaster. DHS-FEMA-EMPG-ARPA-FY21 Page 32 of 34 Mason County DEM, E22-205 Attachment E TIMELINE FY 2021 Emergency Management Performance Grant-American Rescue Plan Act DATE TASK June 1, 2021 Grant Agreement Start Date December 31, 2022 Grant Agreement End Date February 15, 2023 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. DHS-FEMA-EMPG-ARPA-FY21 Page 33 of 34 Mason County DEM, E22-205 Attachment F BUDGET FY 2021 Emergency Management Performance Grant-American Rescue Plan Act 21EMPG-ARPA AWARD $ 14,205.00 SO L UTIO N AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel & Fringe Benefits $ 14,205 $ 14,205 Travel/Per Diem $ - $ Z - Z Supplies $ - $ - Z Consultants/Contracts $ - $ g Other $ - $ - Subtotal $ 14,205 $ 14,205 ZZ Personnel & Fringe Benefits $ - $ - F Travel/Per Diem $ - $ - Z Supplies $ - $ - QConsultants/Contracts $ Other $ - $ - 0 Subtotal $ - $ - Personnel & Fringe Benefits $ - $ - N Travel/Per Diem $ - $ - Supplies $ - $ - X Consultants/Contracts $ - $ - LL' Other $ - $ - Subtotal $ - $ - Personnel &Frin a Benefits $ - $ - C7 Travel/Per Diem $ - $ Z Z Supplies $ - $ - Consultants/Contracts $ - $ - F— Other $ - $ - Subtotal $ - $ - a Equipment $ - $ - d - "' Subtotal $ $ - Personnel & Fringe Benefits $ - $ - Travel/Per Diem $ - $ - Supplies $ - $ - Consultants/Contracts $ - $ - Other $ - $ - Subtotal $ - $ - Indirect $ - $ - Indirect Cost Rate on file 0.00% for Time Period of. N/A TOTAL Grant Agreement AMOUNT: $ 14,205 $ 14,205 The Subrecipient will provide a match of$14,205 of non-federal origin, 50% of the total project cost(local budget plus EMPG-ARPA award). Cumulative transfers to budget categories in excess of ten percent(10%)of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI#713PA— EMPG-ARPA DHS-FEMA-EMPG-ARPA-FY21 Page 34 of 34 Mason County DEM, E22-205 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County Emergency Management 1/18/2022 PROJECT DESCRIPTION CONTRACT NUMBER 21 EMPG-ARPA E22-205 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Randy Neatherlin Commissioner Chair Sharon Trask Commissioner Kevin Shutty Commissioner 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Tammi Wright Sr. EM Coordinator/Lead Jennifer Beierle Budget Manager 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE �lfllnu, `� Tammi Wright Sr. EM Coordinator/Lead L ��'J ` Jennifer Beierle Budget Manager \\NAC-1\V L \HOM \KARENB\....\WP\SIGNAUTH Revised 3/03 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: January 18, 2022 Agenda Item # �5.Lo Commissioner staff to complete) BRIEFING DATE: September 2021 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to post and hire the Emergency Management/Parks Manager position which replaces the vacated Emergency Management/I.T./Parks Manager position. Background: The Emergency Management/I.T. Manager position was established in 2014 at the non-represented salary range 38. In 2017, Parks &Trails was assigned to this position. Combining the Emergency Management/I.T./Parks Manager position into one FTE was unique and the position vacated mid-September 2021. The position has been revised to manage Emergency Management/Parks and Trails and will report to the Central Services Manager. I.T. will continue to be directly managed by the Central Services Manager. The Emergency Management/Parks Trails Manager position remains a non-represented position, salary range 38. Budget Impacts: None, position is budgeted RECOMMENDED ACTION: Approval to post and hire the Emergency Management/Parks Manager position which replaces the vacated Emergency Management/I.T./Parks Manager position. Attachment(s): Job Description POSITION DESCRIPTION fY51 Title: DEM and Parks & Trails Department: Support Services Manager Affiliation: Non- Reports to: Central Services Manager Represented Exempt: X Non-Exempt: Supervises/Directs: Senior Emergency Management Planning Coordinator, Emergency Management Training/Exercise Coordinator, Parks Maintenance I, II, III & IV, Program Support Tech, Caretakers Job Class: Risk Class: Salary Range: According to current Non- Represented Salary Scale GENERAL DESCRIPTION: Administers, organizes and supervises the operations of Emergency Management and Parks & Trails Departments. Provides planning, leadership, technical assistance, training, and direction for assigned staff. Develops short and long-range plans, goals and objectives for program operations. Maintains administrative systems including the preparation and monitoring of program budgets, the application and administration of grants, the preparation of reports and selection of staff. Develops and prioritizes operational support, planning, and training. Plans, organizes and directs the activities of the Parks and Trails Division, including strategic plan development and implementation of service in new areas. Also serves as a staff resource to advisory boards and committees. ESSENTIAL JOB FUNCTIONS — GENERAL: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Directs department operations to achieve goals within budgeted funds and available personnel; plans and organizes workloads and staff assignments, reviews progress, directs changes in priorities and schedules as needed to assure services are provided in a safe, efficient and timely manner. Provides managerial leadership and selects, supervises and evaluates staff. Conducts performance evaluations and initiates and implements disciplinary actions as warranted. Resolves employee grievances and other sensitive personnel issues, working in conjunction with the Human Resources Department and relevant labor organizations. Provides training and/or professional development opportunities, as funding allows, to ensure the safe and effective delivery of services by staff in the department. Implements policies, procedures, work rules and performance standards to assure departmental operations are in compliance with County guidelines, goals and objectives, and with federal, state, J:\DLZ\Ross\DEM-Parks Trails Manager Job Description Jan 2021.doc and local laws. Periodically reviews and analyzes existing practices and procedures and recommends improvements, as needed. Directs the preparation and administration of department budgets based on staffing and resource requirements, cost estimates, departmental objectives and goals. Monitors budgets to assure compliance within approved budget levels and standards. Provides planning leadership and direction and establishes short- and long-range plans for department operations; coordinates department activities with other County departments, outside governmental agencies and the general public. Provides leadership direction in establishing and maintaining interagency cooperation with all regulatory agencies and commissions. Investigates grant funding sources and directs the preparation of applications for grants assistance from federal, state, and private sources. Develops and approves preliminary work programs for grant applications. Negotiates contract commitments on all grant applications with federal and state agencies Coordinates the bid preparation process by writing and/or participating in the writing of specifications, preparing advertising, reviewing proposals, and formulating recommendations for bid selection to ensure the process followed is consistent with local, state and federal regulations. Directs the resolution of inquiries, complaints, problems, or emergencies affecting the availability or quality of services. Responds to the most sensitive or complex inquires of service complaints. ESSENTIAL JOB FUNCTIONS — EMERGENCY MANAGEMENT: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Responsible for the preparation, mitigation, response, and recovery from any hazards that might impact Mason County. Plans and organizes the emergency management plan (CEMP) and support functions for the protection of public and property within the County and provides for the coordination of emergency response with all other government agencies and private entities. Develops and coordinates a variety of systems including communications, shelters and disaster analysis. Operates and staffs Emergency Operations Center (EOC) during periods of disaster or emergencies. Maintains emergency communications systems including warning, recording and reporting at the Emergency Operations Center and Communications Unit (CommU) mobile communications vehicles. Prepares and distributes a variety of information to staff and citizens regarding preparedness, natural disasters, hazardous materials, and safety including earthquakes, windstorms, floods, wild fires, acts of terrorism, and man-made/technological hazards. Provides representation on various committees and before special interest groups; makes presentations and provides technical advice and assistance regarding emergency services J:\DLZ\Ross\DEM-Parks Trails Manager Job Description Jan 2021.doc activities to the Commissioners, civic groups and the general public. Develops and performs on- going evaluation of the County emergency management plans (CEMP) in accordance with state and federal regulations. Prepares basic continuity of government operation plans (COG), departments operating procedures and contingency documents (COOP). Organizes and/or performs local and regional emergency exercises and outreach education programs. Develops and enhances local and regional partnerships which enable the County to meet or exceed all statutory and regulatory requirements affecting emergency management. Supervises, evaluates and trains the Senior Emergency Management Training Coordinator, the Emergency Management Training/Exercise Coordinator and assorted emergency volunteers. Coordinates the acquisition, documentation, and use of manpower, equipment, and supplies for program support and special events. Administers the Emergency Management grant (EMPG) and Homeland Security grant (SHSP/HSGP) funding for the County and local agencies. ESSENTIAL JOB FUNCTIONS — PARKS and TRAILS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Manages a variety of maintenance and remodeling projects by participating in planning and pre- construction meetings to provide input and recommendations regarding design and layout of facilities, coordinating project activities, inspecting or reviewing reports to ensure compliance with local, state and federal codes and access regulations. Assure parts, supplies and equipment required to complete projects and to maintain buildings, grounds, parks, and open space are ordered within budget guidelines. Proposes, coordinates and implements the Parks and Trails Comprehensive Plan, Capital Improvement Plan, Asset Management Plans, and Business Plans. Ensures stakeholder involvement, both internal and external, through public meetings and/or an advisory panel. Directs and reviews construction plans and specifications. Supervises new construction and rehabilitation of park facilities and trails. Provides representation on various committees and before special interest groups; makes presentations and provides technical advice and assistance regarding planning, parks and trails activities to the County Commissioners, civic groups and the general public. Provides technical advice to County Commissioners regarding the maintenance and operation of County parks and open space. Makes presentations before various committees, special interest groups, and the Commissioners to ensure their understanding of, and support for, park maintenance and safety projects and programs. Reviews all mechanical specifications and operational manuals to ensure they are current and applicable to County-owned equipment. Oversees and coordinates a preventive maintenance and repair program for all park facilities and grounds-keeping equipment to ensure efficient operations. Analyzes and recommends improvements to existing park facilities, equipment and operating systems of the Parks & Trails Department. J:\DLZ\Ross\DEM-Parks Trails Manager Job Description Jan 2021.doc WORKING CONDITIONS: Duties are performed in an office environment while sitting at a desk, computer terminal or walking around County facilities and grounds. Requires occasional travel and work at other locations. Work is performed in varying weather conditions when working on construction and maintenance projects. Physical exertion may be required to climb ladders, stairs, and around construction projects. Lifting supplies and equipment up to 100 pounds in weight may be required. QUALIFICATIONS: Education and Experience -- Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. Bachelor's degree in Parks and Recreation, Facility Management or related field. Five years of professional level facility management or parks and recreation management experience including managerial and supervisory responsibility. Five years progressively responsible experience in managing programs — that experience to include project management. Management of a Capital Improvement Plan preferred. Five years of progressively responsible emergency management experience, with appropriate training and certifications in hand or obtainable within first six months. KNOWLEDGE OF: Practices, principles, materials and procedures in operating park facilities, construction, repair and maintenance. Management and supervision principles and practices. Interpretation and applications of safety and legal requirements, regulations and laws applicable to area of assignment. Legal requirements, regulations, and laws applicable to area of assignment. Fiscal management, including budget preparation, expenditure control and record keeping. Principles and practices of contract and grant administration. Common trade skills, such as carpentry, plumbing, electrical and mechanical, and related safety equipment standards. ABILITY TO: Plan, organize and oversee assigned work programs, including Monitoring work schedules and evaluating the work of others. Organize and manage multiyear projects. Read and understand blue prints, schematics and specifications, and maintenance and repair manuals. Develop department goals and objectives and conduct planning activities. Analyze and evaluate operations, develop and implement corrective actions. Establish and maintain effective working relationships with employees, County Commissioners, volunteers, other agencies and the general public. Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State Driver's License or reasonable accommodation obtained J:\DLZ\Ross\DEM-Parks Trails Manager Job Description Jan 2021.doc Current Automobile Insurance Preferred Certified Parks and Recreation Professional Incident Command System (ICS) IS-100, IS-200, IS-300, IS-400 or obtainable within first six months REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Blood Borne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually FMLA- Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Central Services Manager Signature of Approval: Date: Human Resources Signature of Approval: ;�"7 Z, Date: 2 2Z I ve read and understand the above position description: Name: Date: Signature: J:\DLZ\Ross\DEM-Parks Trails Manager Job Description Jan 2021.doc MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: January 18, 2022 Agenda Item # (Commissioner staff To Complete) Briefing Date: January 3& io, 2022 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Contract amendment for Belfair Urban Growth Area (UGA) Planned Action Environmental Impact Statement(EIS). BACKGROUND: Mason County Planning Department is working with BERK Consulting to assist in preparing a Planned Action EIS for the Belfair Urban Growth Area (UGA). The consultant team has been directed to prepare a two-page fact-sheet for direct mailing to property owners within the Belfair UGA.This fact-sheet will summarize the proposed changes to the subarea plan, zoning and development regulations as well as provide information on the upcoming public hearing for the adoption of the Planned Action Ordinance and proposed amendments. BUDGET IMPACT: $9,855• RECOMMENDED ACTION: Board of County Commissioners shall approve the proposed contract amendment and increased budget in the amount of$9,855• ATTACHMENT(S): Contract Amendment 1/12/2022 FORM OF AMENDMENT PROJECT: MASON CONTY BELFAIR UGA EIS (R0010509) AMENDMENT NUMBER: 4 AMENDMENT EFFECTIVE DATE: 01 /12/2022 This Amendment (this "Amendment") is incorporated by reference into and made a part of the Consultant Services Agreement dated as of 01/12/2022 by and between the Mason County ("CLIENT') and BERK Consulting, Inc. ("BERK") including the attachments, schedules and exhibits attached thereto (the "Agreement"). Capitalized terms used but not defined herein have the meanings assigned to them under the Agreement. The parties to the Agreement agree to make the following additions or modifications to the SOW as follows: 1. Timeline: All services and deliverables to be performed no later than March 31, 2022 2. Additional Budget: This agreement increases the total contract by $9855 for a total not to exceed contract amount of $276,210 Except as modified by this and any previously issued Amendment, all other terms and conditions of the Agreement remain in full force and effect. This Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitutes one and the same agreement. Delivery of an executed counterpart of this Amendment electronically or by facsimile shall be as effective as delivery of an original signed counterpart of this Amendment. By their execution below, the parties hereto have agreed to all of the terms and conditions of this Amendment effective as of the Amendment Effective Date listed above, and each signatory represents that it has the full authority to accept this Amendment, and to bind her/his respective party to all of the terms and conditions herein. Mason Count BERK CONSULTING, INC. By: By: Title: Title: Date: Date: Consultant Agreement & Amendment Summary— For Reference Only Amount Summary Description Original Consultant Agreement 199,949 Base agreement Amendment 1 8300 Term extension, add scope, budget Amendment 2 58,106 Term extension, add scope, budget Amendment 3 Term extention :ill 1 1 Amendment 4 9855 Additional scope, budget Total Consultant Amount 276,210 Base agreement and all amendments TASK 3.2 ADDED SEPA TASKS Task 3.2.3: Public Engagement and Legislative Process The Board of County Commissioners has requested additional public engagement and outreach to the Belfair community as part of their deliberations over the Preferred Alternative and Draft Subarea Plan. This scope updates Task 3.2.3 to include additional Consultant effort for the following: ■ Design of a mailer that will be sent to all property owners within the Belfair study area to inform them of publication of the Final EIS and upcoming Board of County Commissioner meetings. ■ Additional Consultant support and attendance at up to two additional Board of County Commissioner briefings public hearings. ■ Additional coordination and meetings with County staff. This scope also includes a line item for printing and postage costs for the property owner mailer. COST ESTIMATE Based on the scope the estimated additional cost is identified below. BERK Consulting L.Grueter K.Gifford Sr.Associate Total Hours and Project Manager Deputy PM Engagement& Estimated Cost Support by Task 2021 Hourly Rate $225 $170 $160 Task 3.2.3:Public Engagement and Legislative Process Public Engagement Mailer Development 2 8 6 Additional Board of County Commissioner Meetings 7 10 Project Coordination 4 8 Subtotal 13 26 6 45 $8,305 Total Estimated Hours 13 26 6 45 Cost(Hours*Rafe) $2,925 $4,420 $960 $8,305 Subtotal Consultant Cost $8,305 Mailer Printing and Postage $1,550 Estimated Project Total $9,855 VIIMason County I Mason County Belfair UGA EIS 2 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Community Development Administrator Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: January 18, 2022 Agenda Item #6.0 (Commissioner Staff To Complete) Briefing Date: January 3& 10, 2022 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on February 15, 2022, at 9:15 a.m.to consider adoption of a Planned Action Ordinance,zoning amendments, subarea plan amendments and development regulation amendments related to the Belfair Urban Growth Area (UGA) Planned Action Environmental Impact Statement(EIS). BACKGROUND: Mason County Community Development and BERK Consultant Team have prepared a Planned Action EIS for Belfair including amendments to the Belfair UGA Plan and Development Regulations as well as the Planned Action Ordinance. The Planning Advisory Commission recommended the Alternative 3 Hybrid as the Preferred Alternative to the BOCC at their special meeting on December 6, 2021. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on February 15, 2022 at 9:15 a.m.to consider adopting the Planned Action Ordinance and related amendments. ATTACHMENT(S): Notice of Hearing 1/12/2022 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing from the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, February 15, 2022, at 9:15 A.M. This hearing will be held via Zoom, see below for details. SAID HEARING will be to consider adopting the following: • Planned Action Ordinance for the Belfair Urban Growth Area (UGA); • Subarea Plan amendments for the Belfair UGA; • Zoning amendments for the Belfair UGA; and • Development regulation amendments for the Belfair UGA If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: www.masoncountVwa.gov or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 18th day of January 2022 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: February 3 & 10, 2022 (Bill: Community Development—615 W. Alder, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: January 18, 2022 Agenda Item # Q,q BRIEFING DATE: January 10, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County PUD No. 1 Franchise Agreement Amendment— Set Hearing BACKGROUND: Public Works has received a request from Mason County PUD No. 1 to amend their Franchise agreement with the County to include their fiber optic Communication construction, operation and maintenance. The franchise will cover all county roads in the PUD's service area. PUD has paid the Franchise Agreement amendment fee of $250. RECOMMENDED ACTION: Recommend the Board set a hearing for Tuesday, February 15, 2022 to consider approving the amendment to allow Mason County PUD No. 1 to construct, operate and maintain their fiber optic communication in the county rights-of way. ATTACHMENTS: 1. Amendment 2. Notice Utility Franchise Amendment Under a Utility Franchise Agreement(Agreement) between Mason County PUD No. 1 (Operator); dated, January 7, 2020, County Auditor Recording No. 2124389 and Mason County (County), is amended as follows: 1. February 15, 2022,the Operator was granted permission by the County to construct, operate and maintain Fiber Optic Communication within all county roads, right of way and real property in Mason County. 2. The person authorized to act for and on behalf of applicant for this agreement is Kristin Masteller. 3. All other terms and conditions of the Agreement will remain unchanged. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Approved: Mike Collins, PLS, PE, Kevin Shutty, Chair County Engineer Sharon Trask, Vice Chair Randy Neatherlin, Commissioner Operator: Mason County PUD No. 1 By: Title: NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at hqp://masonwebtv.com/on Tuesday,February 15,2022 at 9:15am. SAID HEARING will be to consider amending the franchise agreement with Mason County PUD No. 1 granting permission to construct, operate and maintain their fiber optic communications within the Mason County rights-of-way. Pursuant to Proclamation by the Governor 20-28.14, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website https://www.co.mason.wa.us/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithQco.mason.wa.us or mail to the Commissioner's Office,411 N P St, Shelton, WA 98584; or call(360)427-9670 ext. 589. If special accommodations are needed, please contact the Commissioners' office, Shelton (360)427-9670 or Belfair(360)275-,ext.419. DATED this day of January 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHNGTON McKenzie Smith,Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal-Publ 2t: 1/27/22&2/3/22(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 1/30/22 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: January 18, 2022 Agenda Item # BRIEFING DATE: October 18 2021 and May 10 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Vacation No. 410— Hearings Examiner Recommendation BACKGROUND: Public Works received a request from Mary Leighton, property owner at 121 W Walnut Street, petitioning for the vacation of two County easements, W. Walnut Street(north of her property) and Fourth Street(west of her property), both adjacent to Ms. Leighton's property. These easements were dedicated to the public in 1938 by way of Plat of Moore's Addition to the City of Shelton.There is no evidence that these two easements have been opened nor used as a public roadway. The Examiner issue his Findings of Fact, Conclusions of Laws and Recommendations: It is recommended that the Board of Commissioners deny the proposed vacation. In the alternative, the Commissioners may wish to approve a modified vacation that provides access to the Clevenger property while also providing setbacks to the Leighton property as identified in Finding of Fact No. 6. Public Works recommends Board to approve Road Vacation 410 with the following provisions; which have all been satisfied: Provision 1. These easements are classified as a Class A which requires payment of fifty percent (50%) of the appraised value. Should the vacation of these two easements is approved, the petitioner will be required to pay$9,581.96. Provision 2. The petitioner will be required to relocate the existing board fence to match the right of way line along 3rd Street. (See Map Exhibit) An easement for ingress and egress or any other purpose, if any, will be retained. In accordance with RCW 36.87.170, an easement will be retained in favor of Mason County for any utilities present in the rights of way. The administration fee of$1,000 and the class A value of$9,581.96(50%of appraised value, see calculation in Exhibit D-1, 2) have been paid by Ms. Leighton. RECOMMENDED ACTION: Recommend the Board approve the vacation resolution for Road Vacation 410, petitioned by Mary Leighton,that vacates W. Walnut Street and Fourth Street, subject to the following provisions that have all been satisfied: 1. Payment of$9,581.96 which is fifty percent(50%)of the appraised value for Class A easements. 2.The petitioner will be required to relocate the existing board fence to match the right of way line along 3rd Street. 3.An easement for ingress and egress or any other purpose, if any,will be retained. In accordance with RCW 36.87.170, an easement will be retained in favor of Mason County for any utilities present in the rights of way. ATTACHMENTS: 1. Hearing Examiners Findings 2. Resolution w/Exhibit 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 410 4 FINDINGS OF FACT, CONCLUSIONS 5 Request for a Road Vacation OF LAW AND RECOMMENDATION 6 Mary Leighton has again petitioned for the vacation of right of way abutting her 7 property located at 121 Walnut Street along Walnut and N. 4th Streets. It is recommended that the Commissioners deny the petition. In the alternative, the 8 Commissioner may wish to consider a slightly reduced vacation that arguably provides 9 access to property owned by opponents to the vacations. 10 The County Commissioners denied an identical vacation request from Ms. Leighton, Road Vacation No. 399, in 2020. The Commissioners based their denial upon the 11 recommendations of City of Shelton and County public works staff. Both identified compelling road access and connectivity problems as the basis for denial. The City 12 and County, now with different staff, recommend approval. However, the record 13 establishes no material change in road network conditions since the 2020 denial. Ms. Leighton,the City of Shelton and County staff have presented no evidence or rationale 14 to overturn the findings made by the Commissioners for the 2020 denial. For these reasons,there is no basis in the record to approve the vacation. 15 16 Ms. Leighton focuses her position on the fact that a corner of her home and her garage were approved by the County with no setback to the Walnut Street right of way. Ms. 17 Leighton's setback issues are not pertinent to the merits of her vacation petition. Under state mandated vacation standards, the sole factor to consider for vacation approval is 18 whether the vacation area is necessary to the County's road system and whether there would be a public benefit to vacation. The public's interest in an efficient and safe road 19 network should not be compromised to solve private property setback issues. 20 The Clevenger family hotly contested Ms. Leighton's vacation request. The 21 Clevengers own a 7.5-acre parcel on the north side of the Walnut Street vacation area. The parcel is in Shelton's Urban Growth Area, which would enable the subdivision of 22 the property into urban densities. The Clevengers have been anticipating access from the vacation area to serve as an access point to the subdivision of their parcel. The 23 Clevengers already have a second viable access point to the east of the vacation area 24 along Walnut Street. In Ms. Leighton's first vacation request, the Clevengers argued that the access point to the east of the vacation area is not viable due to the s The merits of a modified vacation area are addressed at the first full paragraph of Page 8 of this recommendation. Road Vacation P. 1 Findings, Conclusions and Decision encroachment of a well. There still appears to be sufficient space to accommodate 1 access as well. In any event, the Clevengers appear to believe that both access points are necessary to provide optimal access to the future subdivision of their property. The potential road utility of the proposed vacation area is best understood by examining the GIS map for the vacation area below in Figure 1. Ms. Leighton requests vacation 4 of the portions of 4th street and Walnut Street right of way abutting the north and west sides of her property. As shown in Figure 1, Ms. Leighton's parcel is part of a 5 collection of lots that is accessed from Northcliff Road by Poplar Street, which is a 6 two-way road. The other access point to Northcliff is Moore Avenue to the south of Poplar,which is a one-way road. As can further be seen from Figure 1,there are several 7 large lots to the north of Ms. Leighton's lot. All these lots are in the Shelton Urban Growth Area. As such,there is significant potential for a large increase in density that 8 could add a considerable amount of traffic to the road network surrounding Ms. Leighton's property. The vacation Ms. Leighton is seeking would eliminate a potential new access point to Northcliff Avenue as well as interior access points from both the Clevenger lot and the large Killeen lot to the west of it. 11 F�T E 'fin I esF 1? 13 ,�--- 14 15 16 w w. :w�• ���6bk7 LeiglNon � ~ 17 x 18 19 20 21 \ i 22 23 Figure 1 24 Due to the access issues identified above, the City of Shelton emailed the County on Ms. Leighton's first petition stating that "[a]t this time the City of Shelton would not recommend vacation of the roadways. With the width and connectivity in the area we would recommend having the option to improve the ROW." See Ex. 1 attachment to 399 Examiner Recommendation. As noted in the Examiner's recommendation on Ms. Road Vacation p. 2 Findings, Conclusions and Decision Leighton's first request, County staff also found lack of access and connectivity to necessitate denial. For Ms. Leighton's current vacation request, Shelton and Mason County public works 3 are now recommending approval of the vacation. Both staff members involved in the current recommendation were not involved in the recommendation made for Ms. 4 Leighton's first petition. No reason was provided in this year's staff report for the change in position. The record shows no change in the road network in the short amount of time that has expired since denial of Ms. Leighton's first petition. Shelton staff did not participate in the hearing on the current petition. The County was asked both at the hearing and in post-hearing questions to identify what led to the change in 7 recommendations. At the hearing County staff stated that the County was deferring to the City's change in position. Staff asserted that the City's main objection to the 8 vacation the first time was utility access, which was no longer a concern. In point of fact,utilities weren't presented as a reason for denial by the County or City for the first 9 petition. Further,no reason in this proceeding was provided as to why utilities were no I longer a concern.In the post-hearing questioning,County staff limited their explanation to the change in recommendations by stating that County and City staff had visited the 1 vacation site and determined that it wasn't necessary to the County road system. 12 The 2020 City and County recommendations for denial are much more compelling than the 2021 recommendations for approval. The 2020 staff provided concrete and 13 plausible reasons why the vacation area may be of use to the County road system. The 14 2021 staff presented no reasons why the vacation wasn't necessary and identified no error or fault in the 2020 staff analysis. There simply are no facts in the record to 15 substantiate the conclusion that the vacation area is not necessary to the County's road system. 16 TESTIMONY 17 A computer-generated transcript has been prepared of the appeal hearing to provide an 18 overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Since the transcript is computer generated, it is not 100%accurate,but 19 does provide a useful indication of what testimony was presented during the hearing. 20 EXHIBITS 21 Exhibit 1: April 2, 2021 Engineer's Report 22 Exhibit 2: Leighton 7/28/21 Letter Exhibit 3: Swanson 7/9/21 Letter 23 Exhibit 4: Clevenger 7/9/21 Letter Exhibit 5: Swanson(Leighton Attorney) 8/3/21 email 24 Exhibit 6: Ellyn Clevenger 8/3/21 letter 25 Exhibit 7: Brian Clevenger 8/4/21 Letter Exhibit 8: Leighton 8/6/21 Letter Exhibit 9: Clevenger annotated survey and photographs submitted 7/28/21 Road Vacation p. 3 Findings, Conclusions and Decision Exhibit 10: August 14, 2021 email with attachments (including questions) from Examiner Exhibit 11: August 19, 2021 County Email response to Examiner Questions with Attachments Exhibit 12: September 1, 2021 Leighton letter responding to Examiner questions Exhibit 13: September 6, 2021 email from Ellyn Clevenger with Quiet Title petition 4 Exhibit 14: September 6, 2021 Brian Clevenger Response to Examiner questions Exhibit 15: September 7, 2021 Email from Ellyn Clevenger Exhibit 16: September 7, 2021 Email from Ellyn Clevenger with Quiet Title Default 6 Judgment attachment. Exhibit 15: September 10, 2021 Leighton Reply 7 FINDINGS OF FACT 8 Procedural: 9 10 1. Hearing. A hearing on Ms. Leighton's petition was held on July 28, 2021. Ms. Leighton's petition was hotly contested by the Clevengers, who own property on 1 1 the north side of the Walnut Street vacation area. Both Ms. Leighton and the 12 Clevengers were represented by attorneys'. The hearing was left open for written comments through August 6,2021. The hearing was re-opened on August 14,2021 by 1 ; the examiner for the parties to answer a series of written questions posed by the examiner. Responses to the examiner questions were authorized through September 14 10, 2021. l Substantive: 16 2. Site/Proposal Description. Mary Leighton petitioned for the vacation of 17 Walnut Street and 4th Avenue to the extent it abuts her property located at 121 Walnut Street. The right of way is 30-feet wide, undeveloped as a road and unopened. It was 18 dedicated in 1937. A survey submitted by Ms. Leighton shows a corner of Ms. 19 Leighton's home and her garage have zero setback to the Walnut Street right of way. See Ex. 1. Her home was built in 1973. Several improvements have been constructed 20 within the right of way, including a deck and fencing. 21 The vacation petition was signed by Ms. Leighton and Mary and David Killeen. The Killeen own one lot that abuts the west side of the N. 4th Street vacation area. The 22 Killeen lot also extends to the north of the Walnut Street vacation area. The Clevengers 23 assert that the Killeen property is separated from Walnut Street by a rectangular strip of property about 30 feet wide that they designate as"untitled property"in their survey 24 exhibit, Ex. 9. The Clevengers assert they have title to this strip of property. The ' The Clevengers' legal arguments were presented by their daughter, an out of state attorney who apparently has an ownership interest in the Clevenger property as well. Road Vacation p. 4 Findings, Conclusions and Decision Clevengers have successfully acquired title to an eastward extension of the strip along the frontage of their property from a 2008 quiet title judgment. See Ex. 9 and 16. Ms. Leighton presented an identical vacation petition in 2019 or 2018 as Vacation No. 399. The County Commissioners denied that petition in 2020 via Resolution 2020-09. 4 3. Utility of Vacation Area. The vacation area still has utility to the County's road 5 system. 6 Normally, in a case this complicated with conflicting evidence the expertise of the County public works staff would weigh heavily in assessing the need for the vacation 7 area. However,this case presents the expertise of current County and City public works staff against the expertise of other County and City public works staff who issued their 8 opinions within the last couple years. No material change in circumstances has been identified by anyone to justify the change in position by the current staff. 9 Consequently, the evidence presented by the current staff and former staff must be 10 evaluated in the same manner as would expert witnesses with conflicting opinions. 11 Overall, the opinion of the former staff is the more compelling because their opinions are based upon specific and plausible factors that haven't been refuted in any manner 12 by the current staff. As noted in the Examiner's 399 recommendation, the County's former public works staff recommended against approval because the vacation area 13 was necessary for connectivity and proper alinement of Walnut Street. Current access 14 to the surrounding area is limited with one two-way access on W Poplar Street and a one-way street on Moore Avenue that allows traffic to only flow on to Northcliff Road. I ; Approval of the vacation would eliminate another potential access point to Northcliff Road via N. 4th Street. 1(� 17 As further stated in the 399 Examiner recommendation, the former County staff analysis reflected the conclusions of Shelton's former engineer, who wrote an email to I IS the County stating that "[a]t this time the City of Shelton would not recommend vacation of the roadways. With the width and connectivity in the area we would 19 recommend having the option to improve the ROW." 20 Current County staff did not identify any reason why the connectivity concerns raised 21 just last year no longer applied. The County's right of way agent stated that he largely relied upon the change in position of the Shelton engineer, since the road area in 22 question is within Shelton's urban growth area. When asked why Shelton changed its position, the agent responded that Shelton's only concern had been over utility 23 placement and that the City had found that now this was no longer an issue. There was no reason given as to why it was no longer an issue. Further, as seen from the quote in 24 the preceding paragraph, in the 399 petition the City expressed concern over width and connectivity in the existing network. Although this could be linked to utility issues, that's not the way County staff presented the issue at the time. Road Vacation p. 5 Findings, Conclusions and Decision The 399 recommendation identifies that Ms. Leighton asserted that creating road 1 connections in the proposed vacation area would result in two closely spaced 2 intersections onto Northcliff Road — one from N. 41h Street and one from Poplar. Intuitively this would appear to create conflicting turning movements that would be 3 both inefficient and potentially unsafe. However,the County staff member for the 399 petition was fully aware of Ms. Leighton's concern and still advocated the need for the 4 potential added connectivity. County staff either had no problem with a Northcliff/4 h Street intersection or they found that limiting road development to the Walnut Street 5 vacation area would materially benefit connectivity. In either scenario, the problems 6 associated with a Northcliff/4 h Street intersection, if any, were not found significant enough to recommend approval of Ms. Leighton's first vacation request. 7 Ms. Leighton has also repeatedly referenced the fact that the Walnut and N. 41h Street 81 right of ways are only half the width of County right of way standards, i.e. 30 feet instead of 60 feet. She asserts that any road construction within this narrow roadway would necessitate the removal of her home. That is not correct. As noted in the 1 County's response to Examiner questions, Ex. 11, County road standards require two eleven foot travel lanes and two five foot shoulders. That is just two feet wider than 1 1 available right of way width. As noted in the County response,that deficiency can be corrected by a variance. More likely than necessitating a variance, additional width 1 ' would be dedicated from the Clevenger property as a condition of its development. Part of the north frontage along Walnut Street is comprised of a Clevenger access I' easement across a third party's lot (the Perez property). If that easement cannot be 14 dedicated into a public street, in a worst case the travel lanes could be displaced to the north side of Walnut Street, leaving Ms. Leighton with an 8-foot setback to her house 1 ; corner and garage. Alternatively, lane width could be halved by making the Walnut Street access way one-way. 16 17 As to any safety concerns related to the proximity of Ms. Leighton's home and garage to Walnut Street travel lanes,County staff wrote that"to what degree that is acceptable 18 is a matter of taste and preference." See Ex. 11. County staff expressed no concerns over safety issues. 19 Ultimately,it must be acknowledged that the 30 foot right of way width for the vacation 20 area does pose a challenge for right of way development. However, there are multiple 21 options to make development reasonably possible as outlined above. At no point has any public works staff opined that the right of way could not be reasonably developed 22 within this width. From these facts it must be concluded that the 30 foot right of way width does not preclude road development. There is still the outside possibility that 23 road development would prove too cumbersome for its utility, but until the large lots of the area are further subdivided, it is premature and too speculative to make that 24 determination. The only reason the to foreclose that possibility at this time would be 25 to accommodate the private interests of Ms. Leighton, which is not a valid basis for a road vacation. Road Vacation p. 6 Findings, Conclusions and Decision An added consideration is that the Clevenger property should not be considered one lot I for purposes of road planning. It's a 7.5-acre parcel in Shelton's urban growth area. 2 The Clevengers testified that they would like to subdivide their property into nine lots and their property is zoned for a substantially denser development. Development of 3 the Clevenger lot will result in new internal public roads that would benefit from secondary access to Walnut Street. The same can be said for the Killeen lot abutting 4 the Clevenger lot on its west side. Overall, the opinions of the County and City staff for the 399 vacation are more 0 compelling than those of the 410 staff. The 399 staff provided sound engineering reasons for their recommendation while the 410 staff did not. The 410 staff provided 7 no explanation as to why the connectivity issues identified by the 399 staff are no longer a problem. Given the absence of any change in circumstances and the absence of any 8 justification for the opinions of the 410 staff,there is no basis to change the conclusion that the proposed vacation area is necessary to the County road network. 1 4. Right of Way as Easement. The County engineer's report, Ex. 1, identifies the vacation area as "Class A" per MCC 12.20.040, which means the County owns the 1 1 right of way as an easement as opposed to in fee. 1 5. Administrative Fees. Ex. A to the Engineer's Report, Ex. 1, includes a payment 11) receipt of$1,000. 14 6. Clevenger Access. Approval of the vacation will likely not landlock the Clevenger property. 15 Brian and Annette Clevenger own a 7.5-acre parcel abutting the north side the Walnut 16 Street vacation area,located at 320 West Walnut Street. They and their daughter,Ellyn 17 Clevenger, strenuously object to the vacation because they believe that area is necessary to access future development of their property. The Clevengers have plans 18 to develop their lot into nine lots. They have the right under Shelton Urban Growth Area zoning to develop at a higher density. Their lot is currently developed with a 19 single-family home and they're able to access the home both from an easement adjacent to the Walnut Street vacation area as well as another point along Walnut Street east of 20 the vacation area that is not subject to the vacation petition. 21 In Ms. Leighton's first proceeding, the Clevengers asserted that the Walnut Street 22 access outside the vacation area could not be used to serve a subdivision of their property because the access point is bifurcated by a well. Public works staff was unable 23 to ascertain whether the well would in fact preclude access. See Ex. 11. The outer access point is 170 feet wide and the well is located in the middle of that access area. 24 Id. As noted in a Leighton comment letter,the Clevengers have been using this area to 25 access their single-family home. See Ex. 12. In their response to the Leighton and County assessment of their access points,the Clevengers did not dispute that they could access their property around the well site. See Ex. 13. The Clevengers did not identify a well head protection easement or other factor that would render the Walnut frontage Road Vacation p. 7 Findings, Conclusions and Decision on either side of the well unusable for access purposes. For these reasons, it appears 1 likely that the frontage on either side of the well could serve as access for a subdivision of the Clevenger property. 3 If the Commissioners approve the vacation, a slight modification to the vacation area could provide the second access point the Clevengers assert they need from the vacation 4 area. One of the post-hearing questions distributed by the Examiner inquired whether a reduction in the vacation area could serve the purpose of both providing Ms.Leighton sufficient setbacks while also providing adequate secondary access to the Clevenger 6 property. Public Works responded this could be achieved by just a minor reduction in the vacation area on the east side of the Walnut Street vacation area. However, this 7 modification necessitates that the Clevengers use a 30-foot private easement across another parcel to access their property from the vacation area. See Ex. 11. It's 8 unknown whether the scope of this private easement is broad enough to accommodate dedication as a public street and/or added traffic created by subdivision of the 9 Clevenger parcel. 10 1 1 CONCLUSIONS OF LAW 12 Procedural: 13 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner 14 with the authority to review road vacation applications and make a recommendation to 15 the Mason County Board of County Commissioners. 16 Substantive: 17 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may 18 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable 19 review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of 20 law. 21 3. Res Judicata. The Clevengers assert that Ms. Leighton's current vacation petition cannot be considered a second time under res judicata. Res judicata is not found to 22 apply to street vacation decisions. The Commissioner's denial of Ms. Leighton's 23 petition in 2020 does not dictate denial of Ms. Leighton's 2021 petition on grounds of res judicata. 24 Res judicata is a judicial doctrine that prohibits the reconsideration of judicial and 25 quasi-judicial matters that have been resolved in a prior proceeding. Whether res judicata applies to vacation decisions was addressed in an Ohio decision, Holtkamp V. Joint Board of County Commissioners, 2011 Ohio 2986 (Ohio Ct. App. 2011). In Holtkamp,the Richland County Joint Board of Commissioners denied a street vacation Road Vacation p. 8 Findings, Conclusions and Decision in 2009 and then approved the same request in 2010. Property owners abutting the I vacation area appealed the 2010 approval, claiming it was barred by res judicata. The 2 Holtkamp court assumed without ruling that actions that qualify as quasi-judicial are subject to res judicata. The court then concluded from applicable case law and statutes 3 that street vacations are more of a legislative function than quasi-judicial and therefore res judicata does not apply. The court also found that subjecting street vacation 4 decisions to res judicata would violate public policy as follows: 5 Finally, on public policy grounds, we conclude under the present 6 circumstances that the application of res judicata to deny county commissioners their discretion to periodically vacate township roads in the 7 interest of the welfare of the citizens, upon proper petition, would begin to make public transportation systems nonadaptable to the development of 8 Ohio's townships... 9 The Washington State Supreme Court has recognized the hearing portion of street 10 vacation review as quasi-judicial but the subsequent approval of a vacation ordinance as legislative. See State ex Rel. Myhre v. Spokane, 70 Wn. 2d 207 (Wash. 1967). 11 County vacations under Chapter 36.87 RCW are not required to be approved by ordinance. However, the property management nature of the final decision makes it 12 similarly legislative. For these reasons, road vacation hearings may very well qualify as quasi-judicial for purposes of the appearance of fairness doctrine and other due 13 process considerations that require fair hearings. However, the policy grounds 14 enunciated in Holtkamp override the quasi-judicial nature of the final approval when considering application of res judicata. As outlined in Holtkamp, County 15 Commissioners should not have their hands tied on street management decisions by res judicata. The Commissioners should not be precluded from doing what's best for its 16 public roads because of a poor decision in the past or a change in circumstance. 17 MCC 12.20.010: County roads may be vacated in accordance with the provisions of is RCW 36.87,... 19 4. MCC 12.20.010 and RCW 36.87 Apply to Vacation of Undesignated County Roads. To avoid some of the procedural deficiencies raised by the Clevengers, County staff have made the argument that MCC 12.20.010 and the vacation procedures 21 required by RCW 36.87 do not apply to Ms. Leighton's petition because Walnut and 4ffi Avenue have not been designated by the Commissioners as County roads pursuant 22 to RCW 36.75.080. It is concluded that both MCC 12.20.010 and RCW 36.87 apply to undesignated roadway/right of ways. 2; RCW 36.87.020 governs the petition method of vacation of"any county road or portion 24 thereof' by the petition method of vacation. It must be acknowledged that the plain 25 meaning of"road"as used in MCC 12.20.010 and Chapter 3 6.8 7 RCW would normally mean a developed right of way. Webster's defines a "road" as "an open way for vehicles,persons, and animals." However, this is not the way that the term is used in Chapter 36.87 RCW. Most notably, the ancient right of way statute, RCW 36.87.090, Road Vacation P. 9 Findings, Conclusions and Decision applies to a road "...which remains unopen for public use for a period of five years..." 1 RCW 36.87.090 provides that roads left unopened for five or more years are 2 automatically vacated. Overall, it is unlikely that any road that is unopened will have been designated a County road by the County commissioners. Further,from the policy 3 perspective of eliminating unused right of way, it makes no sense to prioritize the elimination of unused county designated roads while excluding unused roads that aren't 4 designated. The latter, of course, have far less use to the County road system than the former. 5 6It should also be recognized that RCW 36.87.020 applies not only to the vacation of a "road,"but also any "portion" of the road. To conform the language of Chapter 36.87 7 RCW to the way it is intended to function (as outlined in the previous paragraph), a "portion" of a road can be construed as its right of way. 8 It is also significant that the County has historically and consistently applied Chapter 9 36.87 RCW via MCC 12.20.010 to undesignated and undeveloped right of way. For 10 Ms. Leighton's petition, the County only took the position that Chapter 36.87 RCW doesn't apply to undesignated County roads after the Clevengers raised the procedural 1 1 problem with the petition signatures. The County's 410 engineering report and Ms. Leighton's 410 vacation petition both apply Chapter 36.87 RCW standards to the 12 proposed vacation. Taking judicial notice of past vacation decisions, the County Commissioners have been applying Chapter 36.87 RCW to undeveloped right l' of way for decades. It is not too far a leap to conclude that many if not most of these 14 undeveloped right of ways were never designated by the Commissioners as roads under RCW 36.75.080. 15 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion 16 thereof may petition the county legislative authority to vacate and abandon the same 17 or any portion thereof... 18 5. Majority Required for each Separate Street. The majority of ownership signatures required by RCW 36.87.020 applies individually to Walnut Street and N. 4th Street. 19 The majority requirement is not satisfied by combining the frontages of Walnut Street and 4th Street. 20 21 Whether the frontages of Walnut and N. 4th streets.can be combined for purposes of the majority signature requirement is significant in this case because Ms. Leighton can 22 meet the majority requirement if the frontages are combined,but may not be able to do so if not. As noted in FOF No. 2,the Clevengers dispute whether the Killeens, one of 23 the petitioners, has any frontage on Walnut Street. If the Clevengers are correct, Ms. Leighton would still have majority signatures under combined frontage but not 24 individual frontage. With the Killeens, under the Clevenger argument, Ms. Leighton 25 has signatures for both sides of N. 41h Street and 50% of Walnut Street. Under a combined frontage, that clearly exceeds 50%. Under an individual assessment, Ms. Leighton only has 50% of the frontage for Walnut and fails to meet the majority requirement. Road Vacation P. 10 Findings, Conclusions and Decision 1 It is concluded that individual frontages must be assessed simply because RCW 2 36.87.020 is written in the singular ("county road or portion thereof' as opposed to "county roads or portions thereof'). Construing RCW 36.87.020 in this manner also 3 prevents the gerrymandering of vacation areas to acquire desired majority results. Further, since different property owners tend to abut different streets, requiring 4 majority signatures along each individual street prevents abutting owners on one street 5 from overriding majority sentiment on another. 6 6. Killeen Property Construed as Abutting Walnut Street. The Killeen property should be construed as abutting Walnut Street for purposes of the right of way vacation. 7 As shown in the GIS map for the vacation area,Ex. 11,the Killeen property abuts both 8 N. 4th St. and a portion of Walnut Street. As noted in Finding of Fact No. 2, the Clevengers claim that the GIS map is in error,because they claim to own an"untitled" 9 strip between the Killeen property and Walnut Street. 10 Case law is clear that the Examiner and the County Commissioners do not have the 1 1 authority to adjudicate the Clevengers' claim to ownership of the "untitled" strip. A case on point is Halverson v. Bellevue, 41 Wn. App. 457 (1985). In Halverson, the 12 court ruled that once the Bellevue City Council was put on notice of an adverse possession claim for property located within a proposed subdivision it was reviewing, 13 the City Council had to cease review. This was because City regulations required the 14 signature of all persons with an ownership interest in the project site for the subdivision application. The extent of the ownership interest was dependent upon an adjudication 15 of adverse possession rights over which the City Council had no jurisdiction to determine. 16 17 The Halverson facts are very similar to Ms. Leighton's vacation petition. As in Halverson, signatures of property owners are required for Ms. Leighton's petition. 18 Further, as in Halverson, the Clevengers assert a dispute in ownership that puts into question whether the vacation signature requirements have been met. 19 Unfortunately, one point that is not so clear in Halverson is whether the adverse 20 possession claimant had actually filed an adverse possession claim in court when she 21 put Bellevue on notice. The Halverson court opinion notes that the claimant ultimately prevailed in her adverse possession claim in court, so it appears likely that she had an 22 active judicial claim when she put the City on notice. Id. At 458. 23 As a policy consideration,Halverson should not be read to require the Commissioners to stop vacation review due to a disputed property claim, unless that claim has been 24 filed in court. To do otherwise would give the power to vacation opponents to disrupt 25 vacation proceedings anytime they make the assertion that they're disputing ownership, no matter how tenuous such claims may be. In this proceeding the Clevengers have acknowledged that they haven't yet filed a judicial claim to the alleged"untitled" strip Road Vacation P. 11 Findings, Conclusions and Decision between the Killeen property and Walnut Street. For this reason, their claim should 1 not be given any significance in this proceeding. When setting aside the Clevenger claim to the"untitled" strip, the question then arises 3 as to who should be considered the owner if the Commissioners continue with their vacation review. It is suggested that the Commissioners use the County's GIS maps to 4 assign ownership for purposes of vacation petition review. The GIS maps serve as the basic reference tool of County staff for purposes of determining ownership in S application of County procedures. The maps serve as an objective and straightforward 6 tool to guide County decision makers. The courts can then resolve any inaccuracies in judicial appeal. In this regard, if the Commissioners approve the vacation request, the 7 Clevengers will likely be able to join their property claim to their judicial appeal of the Commissioners' approval. If the reviewing court then rules in favor of the Clevengers 8 on their property claim, the vacation may then very well be invalidated for failing to 9 have the requisite majority signatures. 10 7. Majority Signatures Applies to Adjoining Intersection. The County argues that the majority signature requirement of RCW 36.87.020 does not apply to the north side of 11 Walnut Street because those properties are in a separate subdivision that did not contribute any property to the Walnut Street vacation area. There is no legal basis for 12 this position. The plain wording of the statute and associated policy considerations dictate that the majority signature requirement includes the owners of property abutting 13 the north side of the Walnut Street right of way. 14 The County bases its position on the fact that abutting owners to the north would not 15 be entitled to fee title to the middle of the Walnut Street right of way upon vacation. The County is correct about transfer of fee interest—if the Commissioners approve the 16 vacation the abutting property owners to the north would not be entitled to any portion 17 of the Walnut Street right of way since their subdivision didn't contribute to that right of way property interest. See London v. Seattle, 93 Wn. 2d 657 (1980). This result is 18 contrary to the general rule that abutting owners are entitled to fee ownership to the middle of the right of way upon vacation. Id. However,there is nothing in the language 19 of RCW 36.87.020 or any other source of legal authority presented by the County to suggest that the signature requirement is imposed solely to protect the right of way fee 20 interest of abutting owners. As amply demonstrated by the Clevengers, an abutting 21 owner's interest in the vacation of right of way is much more than just its future fee interest. The abutting owner obviously also has a strong interest in abutting street 22 vacations since that affects the access to their property. Indeed, a vacation's impact on access can have a far greater impact on the use and value of property than the loss 23 of a 30-foot wide strip of vacation property. Given these factors, there is no basis to imply an exception to the signature requirements of RCW 36.87.020 for adjoining lots 24 from subdivisions that haven't contributed a property interest to the right of way. 25 8. Vacation Resolution. If the Commissioners are leaning towards approving the vacation, they should consider adopting a resolution to initiate the vacation. As an alternative to the petition method of vacation initiated by Ms.Leighton,RCW 36.87.010 Road Vacation p. 12 Findings, Conclusions and Decision authorizes a vacation to be commenced by a resolution adopted by the County 1 Commissioners. This procedure does not require any petition with majority signatures. 2 Adopting a resolution would hopefully nullify the majority signature issue raised by the 3 Clevengers. However, the resolution method is intended to serve as a method of initiating a vacation action. It should normally be adopted prior to instead of after the 4 hearing on the vacation action. Adopting the resolution after hearing is not in technical compliance with the RCW 36.87 statutes. A court may invalidate the resolution on that 5 basis. More likely, a court would see no point in doing so since a full hearing with all 6 the necessary and interested parties has already been held. 7 If the Commissioners choose to adopt a resolution, it should ensure in advance that Ms. Leighton will still agree to pay for the costs of the vacation review process. RCW 8 36.87.070 and MCC 12.20.080 only authorizes reimbursement for expenses related to 9 the petition method. 10 RCW 36.87.060: ...If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by 1 the vacation, the county legislative authority may vacate the road or any portion thereof. 1? 9. Proposed Vacation Fails to Meet Vacation Criteria. As determined in 1' Finding of Fact No. 3, the vacation area is useful to the County road system. 14 Consequently, as required by RCW 36.878.060, the Commissioners should not vacate the road. 15 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 16 classified as follows: 17 (1) Class A. All roads for which the right-of-way is an easement. 18 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. 19 (3)Class C. All roads that meet RCW 36.87.090 requirements. 20 10. Vacation Area Qualifies as Class A Road. As determined in Finding of 21 Fact No. 4, the right of way subject to the requested vacation is an easement and therefore qualifies as a Class A road. 22 23 RCW 36.87.090: Any county road, or part thereof, which remains unopen for public use for a period of five years after the order is made or authority granted for opening 24 it, shall thereby vacated, and the authority for building barred by the lapse of time: 25 Provided, that this section shall not apply to any highway, road street, alley or other public place dedicated as such in any plat, whether the land included in such plat is within or without the limits of an incorporated city or town, or to any land conveyed by Road Vacation p. 13 Findings, Conclusions and Decision deed to the state or any county, city or town for highways, roads, streets, alleys or other I public places. 11. Vacation Area Not Vacated Under Ancient Right of Way Statute. RCW 3 36.87.090, quoted above, is referred to as the Ancient Right of Way statute. Due to amendments made to the original statute in 1909, a court has ruled that the statute 4 generally operates to vacate roads that were dedicated prior to March 11, 1904 and remained unused for a period of at least five years. See Gillis v. King County,42 Wn.2d 5 373 (1953). The vacation area was dedicated in 1937 and therefore not subject to 6 vacation by RCW 36.87.090. 7 MCC 12.20.050: Any person or persons desiring to have any portion of any county 8 road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The 9 compensation rates include those rates set forth in Section 12.20.060, if any, and the 10 administration fee set forth in Section 12.20.080. 1 1 12. Payment Made. As determined in Finding of Fact No. 5, Ms. Leighton has paid $1,000 towards the costs of this vacation review. The final amount of costs will 1 likely be higher given that this vacation is the most complicated vacation considered by the Commissioners in at least the past two decades as shown in prior Examiner 13 recommendations. 14 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of 15 roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefitting from the vacation thereof compensate Mason County as set forth in 16 the following schedule: 17 (1) Class A Roads. Fifty percent of the appraised value. 18 (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the 19 vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the 20 county originally paid for the property. 21 13. Compensation for Vacation Required. If the Commissioners approve the 22 vacation,the Commissioners should require that Ms.Leighton pay for half the assessed value of the vacation area. As determined in Conclusion of Law No. 10, the vacation 23 area qualifies as Class A roads and thus 50%compensation is due as required by MCC 12.20.060. 24 25 3 This includes Ms. Leighton's 2019 vacation petition, since the Clevengers raised numerous new legal arguments for Ms. Leighton's 2021 petition that were not presented for her 399 petition. Road Vacation p. 14 Findings, Conclusions and Decision In her written materials, Ms. Leighton maintains that the County's vacation fee and 1 compensation requirements are discretionary. They are not. MCC 12.20.060 provides that the Commissioners "shall"require compensation. Similar language is included in the fee and deposit requirements, MCC 12.20.050 and 12.20.080. 3 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a 4 payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the 5 hearing examiner in holding the public hearing and reporting recommendations to the 6 board of county commissioners. 7 14. Required Deposit Paid. As determined in Finding of Fact No. 5, Ms. Leighton has paid the required $1,000 deposit. 8 9 RECOMMENDATION 10 It is recommended that the Board of Commissioners deny the proposed vacation. In 11 the alternative, the Commissioners may wish to approve a modified vacation that provides access to the Clevenger property while also providing setbacks to the Leighton 12 property as identified in Finding of Fact No. 6. 13 DATED this 20th day of September, 2021 14 15 1 17 18 Mason County Hearing Examiner 19 20 21 22 23 -25 Road Vacation p. 15 Findings, Conclusions and Decision RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 RESOLUTION NO. 2021- IN THE MATTER OF THE VACATION OF BOTH ORDER OF VACATION W.WALNUT STREET AND FOURTH STREET VACATION FILE NO.410 EASEMENTS RCW 36.87 PETITIONER:MARY LEIGHTON Page 1 of 2 WHEREAS, Mary Leighton, property owner at 121 W. Walnut Street has requested that Mason County vacate a portion of W.Walnut Street located North of and adjacent to Block 4 in Moore's addition to the City of Shelton and also Fourth Street located West of and adjacent to Block 4 in Moore's Addition described as follows: All of Fourth Street lying adjacent to and Westerly of Block 4, Lot 4, Together with all that portion of Walnut Street lying adjacent to and Northerly of Lots 1 through 4, inclusive, Block 4 of said Plat of Moore's Addition to the City of Shelton, Excepting therefrom that portion thereof described as follows; BEGINNING at a point on said North line of the Plat of Moore's Addition to the City of Shelton and the Southeast corner of Quiet Title Action filed under Auditors File No. 1931216; thence Westerly along said North line a distance of 30.00 feet;thence leaving said North line of the plat in a Southeasterly direction a distance of 42.86 feet to the Northeast corner of Block 4 and the Westerly right of way for North Third Street;thence Northerly along said Westerly right of way line of Third Street extended, a distance of 30.00 feet to the North line of said plat and said Southeast corner of said Quiet Title Action and the terminus of this description. WHEREAS, the Mason County Board of Commissioners agreed on May 25, 2021 by adopting Resolution No. 2021-027 to publish and post, according to law, a notice of intent to close and vacate the described rights-of-way and set a virtual hearing for July 28, 2021 at 1:00 p.m. with the Mason County Hearing Examiner. WHEREAS,a virtual hearing was held on July 28,2021 and left open for written for written comments through August 6,2021; and, ORDER OF VACATION VACATION FILE NO.410 RCW 36.87 Page 2 of 2 WHEREAS,the hearing was re-opened on August 14,2021 by the examiner for the parties to answer questions posed by the examiner that were authorized through September 10, 2021;and WHEREAS, the Hearing Examiner has considered the County Engineer's report, together with any evidence for or objection against said vacation and has rendered to the Board his Findings, Conclusions and Recommendations and the members of the Board have given due consideration; and, WHEREAS,the Petitioner,Mary Leighton,has satisfied Provisions 1. and 2.: Provision 1. Payment of$9,581.96 which is fifty percent(50%)of the appraised value for Class A easements. Provision 2. The petitioner has relocated the existing board fence to match the right of way line along 3`d Street(See Map Exhibit). NOW, THEREFORE, BE IT IS RESOLVED; that the above described right of way is hereby vacated; and IT IS FURTHER OREDERED; that said vacation is subject to any existing easements for ingress and egress or any other purpose, if any in accordance with RCW 36.87.140, retaining and easement in favor of Mason County for any utilities present in proposed vacated rights of way. ADOPTED this day of ,2022 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Tim Whitehead,Ch. 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SE 1114 SECT/ON 19,, TOM N5H/P 20 NOIgTH, L>�^p1�107`BM4 RANOE 3 /NEST, W/W tiIODrQES ADD/T/ON TO grMAI ,2l-mTo j02/a0/7010 YpEs 1/LW/4/O THEC/TY OF SHEL TON C,�o o,�, j .SALE .�>FEr ,' a 25• ,L�r l 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: January 18, 2022 Agenda Item # 1 Commissioner staff to complete) BRIEFING DATE: January 10, 2022 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Permission for the Chair to sign the FEMA Applicant Agent Designation Letter and the Board to sign the FEMA Signature Authorization forms for three FEMA disaster declarations: 4253-DR-WA 2015 & 4418-DR-WA 2018 Severe Winter Storms, &4481-DR-WA 2020 COVID-19 Pandemic Background: FEMA requires an Applicant Agent and alternate for each agency and Mason County needs to update its signature authority. FEMA requires three forms be filled out for each disaster: • Applicant Agent Designation Form • Applicant Agent Designation Letter • Signature Authorization It is suggested that the Applicant Agent for Mason County be Mark Neary, and the two alternates be Tammi Wright and Jennifer Beierle. FEMA requires the highest authority in the agency to sign the Applicant Agency Designation Letter and Signature Authorization forms. Recommended Action: Permission for the Chair to sign the FEMA Applicant Agent Designation Letter and the Board to sign the FEMA Signature Authorization forms for three FEMA disaster declarations: 4253- DR-WA 2015 & 4418-DR-WA 2018 Severe Winter Storms, &4481-DR-WA 2020 COVID-19 Pandemic Attachment: Applicant Agent Designation Forms Applicant Agent Designation Letters Signature Authorizations J:�Budget Office�Briefmg,Agenda,&Public Hearing Items\2022\Action Agenda 1.18.2022-FEMA Applicant Agents.doc AMENDED APPLICANT AGENT DESIGNATION Application Identifier: State Number: D16-734 Disaster Number: 4253-DR-WA FEMA Application Number: 045-99045-00 Legal Applicant Recipient: Applicant's Name: Mason County Street Address: 100 W Public Works Dr. Mailing Address: Same as street County: Mason City: Shelton State: WA Zip Code: 98584 Applicant Agent: Phone Numbers: Name: Mark Neary Work (360) 427-9670 x530 Title: County Administrator Fax (360) 427-8437 E-Mail Address mneary@masoncountywa.gov Signature: Date: 2 Zu2Z Applicant Alternate Agent: Phone Numbers: Name: Tammi Wright Work (360) 427-9670 x800 Title: Sr. Emergency Mgnt Coordinator Fax (360) 427-7756 E-Mail Address tammiw@masoncountywa.gov Signature: c Date: Applicant Alternate Agent: Phone Numbers: Name: Jennifer Beierle Work (360) 427-9670 x532 Title: Budget & Finance Manager Fax (360) 427-8437 E-Mail Address jb@masoncountywa.gov Signature: Date:_ I / ll/ZaZZ Revised 05/06 January 18, 2022 Gerard Urbas Washington Military Department Emergency Management Division MS: TA-20 Building 20-B Camp Murray, WA 98430-5122 Re: Designated Applicant Agent Dear Mr. Urbas: The purpose of this letter is to designate Mark Neary, County Administrator as the Applicant Agent, Tammi Wright, Senior Emergency Management Coordinator, and Jennifer Beierle, Budget & Finance Manager, as the Alternate authorized representatives for Mason County for the 4253-DR-WA December 2015 Severe Storms, Straight-line Winds, Flooding, Landslides, Mudslides, and a Tornado Event Declaration. The purpose of this designation as the authorized representatives is to obtain federal and/or state emergency or major disaster assistance funds. These representatives are authorized on behalf of Mason County to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. Sincerely, Commissioner Chair Mason County SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County PROJECT DESCRIPTION CONTRACT NUMBER D 16-734 Public Assistance Program, Disaster 4253 -DR-WA 1 . AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Randy Neatherlin Commissioner, Term expires 2024 Kevin Shutty Commissioner, Term expires 2024 Sharon Trask Commissioner, Term expires 2022 2. OTHER INDIVIDUALS AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Mark Neary County Administrator / Tammi Wright Senior Emergency Management Coordinator Jennifer Beierle Budget & Finance Manager SIGNAUTH—PA,Revised 11/09 AMENDED APPLICANT AGENT DESIGNATION Application Identifier: State Number: D19-134 Disaster Number: 4418-DR-WA FEMA Application Number: 045-99045-00 Legal Applicant Recipient: Applicant's Name: Mason County Street Address: 100 W Public Works Dr. Mailing Address: Same as street County: Mason City: Shelton State: WA Zip Code: 98584 Applicant Agent: Phone Numbers: Name: Mark Neary Work (360) 427-9670 x530 Title: County Administrator Fax (360) 427-8437 E-Mail Address mneary@masoncountywa.gov Signature: Date: Applicant Alternate Agent: Phone Numbers: Name: Tammi Wright Work (360) 427-9670 x800 Title: Sr. Emergency Mgnt Coordinator Fax (360) 427-7756 E-Mail Address tammiw@masoncountywa.gov Signature: 9 Date: 111 ")D,7a Applicant Alternate Agent: Phone Numbers: Name: Jennifer Beierle Work (360) 427-9670 x532 Title: Budget & Finance Manager Fax (360) 427-8437 E-Mail Address jb@masoncountywa.gov f Signature: Date:�� Revised 05/06 January 18, 2022 Gerard Urbas Washington Military Department Emergency Management Division MS: TA-20 Building 20-B Camp Murray, WA 98430-5122 Re: Designated Applicant Agent Dear Mr. Urbas: The purpose of this letter is to designate Mark Neary, County Administrator as the Applicant Agent, Tammi Wright, Senior Emergency Management Coordinator, and Jennifer Beierle, Budget & Finance Manager, as the Alternate authorized representatives for Mason County for the 4418-DR-WA December 2018 Severe Storms, Straight-line Winds, Flooding, Landslides, Mudslides, and a Tornado Event Declaration. The purpose of this designation as the authorized representatives is to obtain federal and/or state emergency or major disaster assistance funds. These representatives are authorized on behalf of Mason County to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. Sincerely, Commissioner Chair Mason County SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County PROJECT DESCRIPTION CONTRACT NUMBER D19-134 Public Assistance Program, Disaster 4418 -DR-WA 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Randy Neatherlin Commissioner, Term expires 2024 Kevin Shutty Commissioner, Term expires 2024 Sharon Trask Commissioner, Term expires 2022 2. OTHER INDIVIDUALS AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Mark Neary County Administrator Tammi Wright Senior Emergency Management ou, WA4 Coordinator Jennifer Beierle Budget & Finance Manager SIGNAUTH—PA,Revised 11/09 AMENDED APPLICANT AGENT DESIGNATION Application Identifier: State Number: D20-201 Disaster Number: 4481-DR-WA FEMA Application Number: 045-99045-00 Legal Applicant Recipient: Applicant's Name: Mason County Street Address: 100 W Public Works Dr. Mailing Address: Same as street County: Mason City: Shelton State: WA Zip Code: 98584 Applicant Agent: Phone Numbers: Name: Mark Neary Work (360) 427-9670 x530 Title: County Administrator Fax (360) 427-8437 E-Mail Address mneary@masoncountywa.gov Signature: Date: lL��ZZ Applicant Alternate Agent: Phone Numbers: Name: Tammi Wright Work (360) 427-9670 x800 Title: Sr. Emergency Mgnt Coordinator Fax (360) 427-7756 E-Mail Address tammiw@masoncountywa.gov Signature: Date: O I 1 .20a 2 Applicant Alternate Agent: Phone Numbers: Name: Jennifer Beierle Work (360) 427-9670 x532 Title: Budget & Finance Manager Fax (360) 427-8437 E-Mail Address jb@masoncountywa.gov Signature: Date: �/I I/ZP 11 Revised 05/06 1 January 18, 2022 Gerard Urbas Washington Military Department Emergency Management Division MS: TA-20 Building 20-B Camp Murray, WA 98430-5122 Re: Designated Applicant Agent Dear Mr. Urbas: The purpose of this letter is to designate Mark Neary, County Administrator as the Applicant Agent, Tammi Wright, Senior Emergency Management Coordinator, and Jennifer Beierle, Budget & Finance Manager, as the Alternate authorized representatives for Mason County for the 4481-DR-WA 2020 COVID 19 Pandemic Disaster Declaration. The purpose of this designation as the authorized representatives is to obtain federal and/or state emergency or major disaster assistance funds. These representatives are authorized on behalf of Mason County to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. Sincerely, Commissioner Chair Mason County SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County PROJECT DESCRIPTION CONTRACT NUMBER D20-201 Public Assistance Program, Disaster 4481 -DR-WA 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Randy Neatherlin Commissioner, Term expires 2024 Kevin Shutty Commissioner, Term expires 2024 Sharon Trask Commissioner, Term expires 2022 2. OTHER INDIVIDUALS AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Mark Neary County Administrator O-N Tammi Wright Senior Emergency Management rU Coordinator Jennifer Beierle Budget & Finance Manager SIGNAUTH—PA,Revised 11/09 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Marissa Watson Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services - Planning Ext: 367 Date: January 1.8, 2022 Agenda Item # Ili•1 (Commissioner Staff To Complete) Briefing Date: November 22, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing to consider amendments to Title 17 Zoning Code regarding height limits, reduction of standard side yard setbacks, and accessory dwelling unit requirements within specific zones in the Rural Lands and Urban Growth Areas of Mason County. BACKGROUND: The Planning Department is proposing amendments to the Title 17 Zoning code. The first change would be eliminating the 55 foot height limit within multiple different "zones" in the Urban Growth Areas of Belfair, Allyn, and Shelton. The current wording of the code for these zones allows a max height of 55 ft with review of a special use permit. The second proposed change is to add language to the residential districts of the UGAs that allows a reduction of the side yard setback with review and approval of an 'building administrative variance". The third proposed change is in regard to the accessory dwelling unit requirements. The department is proposing eliminating the need for the ADU to be within 150 feet of the main residence on the lot and eliminating the requirement that the owner reside in either the main residence or ADU, the latter amendment only applying to areas outside of shoreline jurisdiction. RECOMMENDED ACTION: The Mason County Board of Commissioners shall approve and adopt amendments to the Mason County Code Title 17, relating to height limits as described in Attachment A, accessory dwelling unit requirements as described in Attachment B, and an administrative reduction process for side yard setbacks in the urban growth areas as described in Attachment C. ATTACHMENT(S): Ordinance Staff Report with proposed code changes (Attachment A, Attachment B, and Attachment C) and public comments 12/22/2021 ORDINANCE NUMBER AMENDM ENT TO MASON COU NTY CODE TITLE 17 ORDINANCE amending Mason County Code Title 17 relating to height limits, establishing a side yard setback reduction process in the urban growth areas, and amending the accessory dwelling unit requirements. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS, the height limit in most urban growth areas and the Master Planned Resort zone of the rural areas is limited to 55-feet with a Special Use Permit; and WHEREAS, the Master Planned Resort zone in the rural lands and certain zones throughout the urban growth areas may be appropriate to accommodate greater building heights; and WHEREAS, the development regulations were amended to allow for increased heights in the Master Planned Resort zone of the rural lands and urban growth areas with a Special Use Permit without setting the limit at 55 feet; and WHEREAS, the development regulations for the urban growth areas are lacking an administrative reduction process for side yard setbacks; and WHEREAS, there are certain residential districts within the urban growth areas that may be appropriate for establishing an administrative side yard reduction process; and WHEREAS, the development regulations were amended to allow for a side yard setback reduction for residential development within residential districts of the urban growth areas with review and approval of an administrative building variance; and WHEREAS, there are certain development regulations regarding accessory dwelling units that either conflict with one another or are currently extraneous; and WHEREAS, the development regulations were amended to eliminate the conflicting and extraneous language regarding accessory dwelling unit requirements; and WHEREAS, on November 15, 2021 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said amendment; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on January 18, 2022; 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 Title 17, relating to height limits, establishing a side yard setback reduction process in the urban growth areas, and amending the accessory dwelling unit requirements 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 amendments to the Mason County Code Title 17, relating to height limits as described in Attachment A, accessory dwelling unit requirements as described in Attachment B, and an administrative reduction process for side yard setbacks in the urban growth areas as described in Attachment C. DATED this day of 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner �n Tim hite Cli—ie A Kevin Shutty, Commissioner z STAFF REPORT _ ------ -- ...................------- --_----.--...--.--..___ I RE: Proposed amendments to Title 17 Zoning Code regarding height MEETING OUTCOME limits, reduction of standard side yard setbacks, and accessory REC.APPROVAL i dwelling unit requirements within specific zones in the Rural Lands and Urban Growth Areas of Mason County AYE Department: Community Development-Planning NAY Staff Contact(s): CONT. HEARING Marissa Watson, Senior Planner Ext. 367 or mwatson@masoncountVwa.gov OTHER Date:January 18, 2022 Meeting Type: Public Hearing Action Requested at this Meeting: BOCC approve adoption of proposed amendments to Mason County Code Title 17 Zoning Code regarding height limits,standard side yard setback reductions, and accessory dwelling unit requirements. Attachment(s):Three attachments(A, B, & C) with various code sections regarding all three UGAs and the rural development areas.And fourth attachment containing PUD#3 comments. PROPOSED AMENDMENTS HEIGHT LIMITS Background Mason County is proposing amendments to Title 17 (Development Regulations) which address raising height limits in multiple zones within the Urban Growth Areas (UGAs) of Allyn, Belfair, and Shelton and the Master Planned Resort zone in the rural lands. Staff previously brought a height limit proposal to the PAC in Spring of 2019. During that review period the PAC and the BOCC approved changes that allowed height limits up to 55 feet outright or with review and approval of a special use permit. The increased development, and interest in development, within the Belfair and Shelton UGAs, especially in regards to housing and commercial projects, has revealed the inflexibility of limiting heights to 55 feet in the UGAs and the Master Planned Resort zone. 615 W.Alder Street ♦ Shelton,Wa 98584 m 360.427.9670 ext.352 1 ©masoncountywa.gov Discussion In a majority of the zones within the County, height limits are set at 35 feet with a few exceptions of 45 feet and the Mixed Use zone in the Belfair UGA at a limit of 55 feet. The previous update to height regulations allowed for a deviation from those standard maximum heights up to 55 feet outright or with review and approval of a special use permit. Given the rural nature of their location and the low density of rural development areas, the current proposed amendments don't include several of the rural commercial zones from the 2019 update. The focus of this proposal is to allow greater flexibility in the UGAs, and Master Planned Resort zone, where growth should occur while still allowing the public and surrounding property owners an opportunity to weigh in on the impacts of increased height such as aesthetics, view corridors, increased density, etc. The requirement of a Special Use Permit to increase heights beyond the standard will involve a public notification process and hearing with the Hearing Examiner. The hearing could also result in the permit being conditioned to mitigate for impacts, or denial. Staff and the PAC is asking that the commissioners consider eliminating the 55 foot defined limit to building height within the zones listed below, and instead allow additional height over the standard to be processed as a special use permit. Zones under review for amendment The following zones within the Rural Lands are proposed for review and amendment: Master Planned Resort(MPR). The following zones within the Shelton Urban Growth Area are proposed for review and amendment: Mixed Use (MU), General Commercial(GC), Commercial Industrial(CI), Industrial (I), and Public Institutional(PI). The following zones within the Allyn Urban Growth Area are proposed for review and amendment: High Density Multifamily Residential(R-3), Village Commercial(VC), Highway Commercial (HC), and Business Park(BP) The following zones within the Belfair Urban Growth Area are proposed for review and amendment: Medium Density Residential(R-5), Multifamily Residential(R-10), Mixed Use (MU), General Commercial(GC), and Business Industrial (BI). SIDE YARD SETBACKS Background Mason County is proposing amendments to Title 17 (Development Regulations) regarding the reduction of the standard side yard setbacks for residential development in certain zones of the Urban Growth Areas of Shelton, Belfair, and Allyn. The reduction request would be reviewed through a building administrative variance, with the reduction also meeting all requirements of 615 W.Alder Street 1 Shelton,Wa 98584 2 (1360.427.9670 ext.352 I ©masoncountywa.gov building and fire code. The rural lands already have a property line reduction process for residential development with an administrative variance, but no such "administrative" process is in place in the Urban Growth Areas. The topic was further reviewed and discussed by staff when a request from Cedarland Homes LLC was received for a development regulations variance. Their request was for a reduction from the standard side yard setback for several of their lots in the Allyn UGA. This request prompted the County to review the needs of side yard setbacks in relation to planning regulations and building and fire code throughout the UGAs. Discussion There are a few instances where a zero side yard lot line is allowed within the Shelton UGA and a few instances of no setback for side yards in the Belfair UGA, though it is subject to landscaping/buffer requirements. But there are no zones within the Allyn UGA residential district that allow an administrative side yard setback reduction below the standard 10 or 5 feet; the only option currently available is a full development regulations variance which involves a hearing with the Hearing Examiner. After multiple issues with fitting residential development within the existing lots in the Allyn UGA, the County believes allowing an administrative process to reduce the side yard setbacks in all residential zones of the UGAs would be beneficial to the County and owners of small lots. The request would still have to meet all fire and building code requirements, and corresponding setbacks, as well as any critical area regulations. The "administrative building variance" request would have to establish need for the setback as well as meeting all code. Staff and the PAC is requesting that the commissioners consider allowing this type of variance for the below listed zones. Zones under review for amendment The following zones within the Allyn Urban Growth Area are proposed for review and amendment:Single Family Residential District(R-1), Residential Recreational District(R-1R), Medium Density Multifamily Residential District(R-2), High Density Multifamily Residential District(R-3), and Residential Platted District(R-1P). The following zones within the Shelton Urban Growth Area are proposed for review and amendment: Neighborhood Residential (NR) and Low Intensity Mixed Use (MU). The following zones within the Belfair Urban Growth Area are proposed for review and amendment: Low Density Residential District(R-4), Medium Density Residential District(R-5), and Multifamily Residential District(R-10). ACCESSORY DWELLING UNITS Background Mason County is proposing amendments to Title 17 (Development Regulations) regarding the requirements of Accessory Dwelling Units within the County. These amendments are in response to many years of administering the current regulations and finding issue with two 615 W.Alder Street Shelton,Wa 98584 3 © 360.427.9670 ext.352 I ©masoncountywa.gov requirements, one that is not sensible in respect to the additional requirements of the code and one requirement regarding "owner occupied" language that the County does not have the capability to enforce/monitor at this time. Discussion The County is proposing two changes to the accessory dwelling unit requirements. The first change is in regard to owner occupancy in either the main residence or ADU located on a lot. Because the County has limited ability to obtain access to this type of information (owner occupancy) and enforce, the County believes removing that language from areas outside of shoreline jurisdiction is more reflective of the current limitations and allows more flexibility during an ongoing housing shortage. (2) in shoreline jurisdiction, -Tthe owner of the ADU must reside on the lot in either the principal residence or ADU; The second change pertains to the current limitation of placing the ADU within 150 feet of the principal residence, this is listed in MCC 17.03.029. The same line of code allows a conversion of an existing garage into an ADU and it is not specified that that existing structure must be within 150 feet of the principal residence. The planning department has encountered many permits on larger properties where a garage, barn, etc., is beyond the 150 feet and desired for conversion, under the current wording of the code it would be allowed and would make placing a new structure within 150 feet of the principal residence for the proposes of permitting an ADU irrelevant. All property line setbacks and critical area buffers still apply. This particular ADU requirement is not specified for the Allyn UGA. (3) The ADU shall be located within ene the lot of the principal residence or shall be a conversion of an existing detached structure (i.e. garage); Staff and the PAC is requesting that the BOCC consider eliminating owner occupancy requirements for non-shoreline lots and removing the requirement of new ADUs being sited within 150 feet of the main residence. Zones under review for amendment County wide. STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION A SEPA checklist with the non-project attachment was filled out by the County for the proposed Title 17 Zoning Code amendments. A SEPA DNS was issued by the County on 10.26.21 and the 615 W.Alder Street Shelton,Wa 98584 4 © 360.427.9670 ext.352 ©masoncountywa.gov comment period ended at 5pm on 11.09.21. Comments from PUD #3 were received and are provided as an attachment. PUBLIC NOTICE Public notice requirements per MCC Title 15.07.030 implemented. Public hearing of the PAC on November 15, 2021 was advertised in the journal (11.04.21 & 11.11.21) and on the County website under the Planning Advisory Commission webpage. Public hearing of the BOCC on January 18, 2022 was advertised in the journal (12.16.21 & 12.23.21) and on the County website under the Commissioners' agenda for 01.18.22. REQUESTED ACTION BY BOCC Staff and the PAC request that the BOCC approve and adopt the proposed amendments to the Development Regulations regarding height limits, standard side yard setback reductions, and accessory dwelling units and recommend they approve the amendments as outline in Attachment A, B, and C. ATTACHMENTS • Title 17 Height Limits—Attachment A • Title 17 Accessory Dwelling Units—Attachment B • Title 17 Side Yard Setbacks—Attachment C • PUD #3 Comments 615 W.Alder Street ♦ Shelton, Wa 98584 5 © 360.427.9670 ext.352 1 ©masoncountywa.gov ATTAC H M ENT A Chapter 17.04 - RURAL LANDS DEVELOPMENT STANDARDS Master Planned Resort (MPR) 17.04.704-Building regulations. (c) Height. Thirty-five feet maximum except for agricultural buildings, cell towers, antennas or water tanks, or as reviewed by special use permit, Ret t exceed fifty five feet Chapter 17.07— SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS Low Intensity Mixed Use (MU) 17.07.270-Lot,yard,and open space requirements. G. Building height: not more than thirty-five feet..., or as reviewed by special use permit, Rat t„ e,,,.,,,,,� fifty fowp feet rrrcy--rr°c-rccz General Commercial (GC) 17.07.350- Maximum height. Maximum height for the GC district shall be as follows: Not to exceed forty-five feet for buildings, structures, and appurtenant facilities except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone, or as reviewed by special use permit r►et to exceed fifty five feet Commercial-Industrial (CI) 17.07.450- Maximum height. Maximum height for the Cl district shall be as follows: Forty-five feet, except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be further restricted by airport overlay zoning, where applicable. Deviation from this standard will be processed as a special use permit, Rd by speeial use peFFAit, not t e ed fifty five feet. Industrial (1) 17.07.670-Minimum site requirements. G. Maximum Height in the Industrial District Shall be as Follows: Forty-five feet, except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Industrial equipment such as cranes or communication towers or appurtenant structures is exempt. A height limit shall be imposed if necessary, to prevent detrimental effects on the surrounding properties and may be further restricted by airport overlay zoning. Deviations from this standard will be processed as a special use permit, eF aS Feviewed by special use peFmit, RA_+ t e X CC te ed- fifty five feel. Public Institutional (PI) 17.07.755- Maximum height. 1 ATTACHMENT A Maximum height in the Public Institutional district shall be as follows: Forty-five feet, except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be further restricted by airport overlay zoning,where applicable. Deviation from this standard will be processed as a special use permit, 9F as Feviewed by speGial use peFmit, net to exceed WAy five feet. Chapter 17.10— 17.17 ALLYN ZONING CODE "R-3"—High Density Multifamily Residential District 17.11.550-Bulk and dimension standards. Height Primary building:35 feet,or as reviewed by special use permit, ^^t t^ exceed fifty five feet "VC"—Village Commercial District 17.12.150-Bulk and dimension standards. The maximum height of any structure in the NU district shall be 35 feet, or as reviewed by special Maximum use permit, net t^^me^^''fifty five feet(not to exceed 25 feet East of SR 3),except that church height spires, bell towers,chimneys and other architectural features may exceed the height limit by 50% and communication facilities by as much as permitted through approval of a special use permit. "HC"—Highway Commercial District 17.12.350-Bulk and dimension standards. _ Maximum height 35 feet,or as reviewed by special use permit,not t^ eed fifty five feet "BP"—Business Park 17.12.450-Bulk and dimension standards. - Maximum height limit 35 feet,or as reviewed by special use permit, not to exceed fifty five feet Chapter 17.20— 17.35 GENERAL PROVISIONS FOR THE BELFAIR UGA "R-5" Medium density residential district. 17.22.100-Bulk and dimensional standards. The maximum height of structures in the district shall be as follows: Buildings containing the permitted Height: use:35 feet,or as reviewed by special use permit, not to exceed fi4y five feet Accessory structure:20 feet. "R-10" Multi-family residential district. 17.22.150-Bulk and dimensional standards. 2 ATTACHMENT A The maximum height of structures in the district shall be as follows: Buildings containing the permitted Height: ; use:45 feet, or as reviewed by special use permit, nat to exceed fifty five feet.Accessory structure:20 feet. 17.23.120- "MU" Mixed use district. 17.23.150-Bulk and dimensional standards. ----- --- - - - ---- --- --- --- -- -- --- - - - The maximum height of structures in the district shall be fifty-five feet,or as reviewed by special use permit,with the following exception.The top of buildings or structures(including rooflines but excluding 1 Height: church spires, bell towers,and chimneys)on the west side of SR-3 shall not reach an elevation of more than thirty-five feet above the grade level of the roadway,within one hundred fifty feet of the SR-3 right-of-way. 17.24.010- "GC" General commercial district. 17.24.040-Bulk and dimensional standards. The maximum height of structures in the district shall be thirty-five feet,or as reviewed by special use permit, 7ig t t exceed fifty five feet 17.24.070—"BI" Business industrial district. 17.24.110-Bulk and dimensional standards. The maximum height of structures in the district shall be 35 feet,or as reviewed by special use permit; Height: of to exceed fifty five feet I 3 ATTACHMENT B Chapter 17.03 — DEVELOPMENT REQUIREMENTS 17.03.029 Accessory dwelling unit requirement. In rural lands, accessory dwelling units(ADU) must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction,the owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located on the lot of the principal residence or shall be a conversion of an existing detached structure(i.e.garage); (4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; (9) An additional off-street parking space must be provided for the ADU. (Ord. 108-05 Attach. B(part), 2005). Chapter 17.10 — GENERAL PROVISIONS FOR ALLYN ZONING CODE 17.10.200 Allyn Zoning Code specific definitions. The Allyn Zoning Code specifically defines the following definitions and abbreviations. For other definitions, refer to the Mason County Code,Title 17, Chapter 17.06 Definitions: "Accessory dwelling unit" or"ADU" means a second dwelling unit added onto or created within an existing single-family dwelling for use as a completely independent or semi-independent unit with provisions for cooking, eating,sanitation and sleeping.See Section 17.03.029 for requirements for ADUs as applicable. In the Allyn UGA,ADUs must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction,tThe owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or one thousand feet,whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; Created: 2021-10-20 09:05:11 [EST] (Supp. No.57,11-21,Update 1) Page 1 of 2 ATTACHMENT B (9) An additional off-street parking space must be provided for the ADU. "Group dwellings" means and includes boarding houses, nursing homes, rest homes, boarding schools,or private residence clubs, excluding adult family homes of six or fewer persons as exempted by state regulation. "Gross acreage"or"gross area" means all land,excluding tidelands,within the exterior boundaries of the development, including but not limited to land allocated for open space and land to be dedicated for streets or roads. "Height, building" or"building height" means the vertical distance from average finish grade level to the highest point of a building or structure excluding any chimney, antenna, or other uninhabitable vertical appurtenances. "Lot coverage" means the portion of a lot that is occupied by impervious surfaces, including but not limited to buildings, parking areas, and sidewalks. "Net acres," "Net acreage,"or"Net square feet" means the net acreage or square-footage is calculated from the gross area of the site less any lands allocated for open space or right-of-way. (Ord.63-07 Exh.A(part), 2007). Created: 2021-10-20 09:05:11 [EST] (Supp.No.57,11-21,Update 1) Page 2 of 2 ATTACHMENT C Chapter 17.10 GENERAL PROVISIONS FOR ALLYN ZONING CODE* Article IV. General Regulations 17.10.460 Setbacks. (a) Where a parcel is less than fifty feet in width the required side yard setback shall be five feet, but in no case shall be less than required by building or fire codes. (b) No accessory structure shall be located closer than five feet from a property line. (c) Residential development may be eligible for a reduction of the standard side yard setback with review and approval of a Building Administrative Variance but in no case shall the setback be less than required by building or fire codes. (dc) The expansion of existing residential structures located in commercial or industrial zones shall comply with the setback requirements for the type of structure in the zone in which it is allowed. (ed) All required setbacks shall be measured from the nearest property line,except that front yard setbacks shall be measured from the property line or the edge of an access easement. (fe) Proof of survey is required for any building permit for a new building or expansion of the building footprint. The survey shall be no older than ten years unless the relevant survey monuments are visible. (g#) Additional building setback—Buildings shall be setback from the rights-of-way of the Plat of Allyn as set forth on the"Proposed Plat of Allyn Right of Way Map", dated April 28, 2005. (Ord. 63-07 Exh.A(part), 2007). Chapter 17.11 RESIDENTIAL ZONING DISTRICTS IN THE ALLYN UGA* Article 1. "R-1"—Single-Family Residential District 17.11.150 Bulk and dimension standards. Side yard 5 feet or less with review and approval of an administrative building variance,see Section 17.10.460.- Article 11. "R-1R"—Residential-Recreational District Side yard 5 feet or less with review and approval of an administrative building variance,see Section 17.10.460.. ATTACHMENT C Article IV. "R-2"—Medium Density Multifamily Residential District 17.11.450 Bulk and dimension standards. Side yard 5 feet or less with review and approval of an administrative building variance,see Section 17.10.460. Article V. "R-3"—High Density Multifamily Residential District 17.11.550 Bulk and dimension standards. Side yard 5 feet or less with review and approval of an administrative building variance,see Section 17.10.460. Article Vll. "R-1P"—Residential-Platted District 17.11.750 Bulk and dimension standards. Side yard 5 feet or less with review and approval of an administrative building variance,see Section 17.10.460. Chapter 17.07 SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS' Article 1. Neighborhood Residential (NR) 17.07.150 Lot, yard, and open space requirements. A. Yard setbacks,size and shape of lots shall be as provided in Table 17.07.150,except in the following cases: 1. Minimum front yard:when forty percent or more of lot coverage,on a front foot basis,of all property on one side of a street between two intersecting streets has been reached,the front yard required for new development shall be an average of the existing front yard setbacks, but shall not be less than that specified in Table 17.07.150; 2. Minimum side yards:a zero lot line concept may be approved if the site is part of a subdivision or Master Planned Development and seventy-five percent of units on the site use alleys for access; For all other residential development a reduction of the standard side yard setback may be granted with 'Editor's note(s)—Ord. No. 52-19,adopted June 4, 2019,amended Ch. 17.07 and in so doing changed the title of said chapter,as set out herein. ATTACHMENT C review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Table 17.07.150 Minimum Standards With Alleys Without Alleys Lot area 4,500 sq.ft. 6,000 sq.ft. Front yard 10 ft. 10 ft. Side yard 5 ft. 5 ft. Flanking street 7 ft. 7 ft. Rear yard 15 ft.(3 for garage) 15 ft. Building coverage 35% 35% Building height 35 ft. 35 ft. Development coverage 45% 45% Lot width 45 ft. 50 ft. Street frontage 25 ft. 25 ft. (Ord. No.47-09,Attach.A, 6-2-2009) Article 2. Low Intensity Mixed Use (MU) 17.07.270 Lot, yard, and open space requirements. A. Minimum lot size:Six thousand square feet. Lots may contain more than one use and will be a shape and design appropriate to the zone and intended uses as determined by the county. B. Front yard: Minimum fifteen feet. C. Side yard: Minimum ten feet.Side yard setback reduction may be granted for residential development with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. D. Rear yard:Zero feet,except when property adjoins a land use district with greater setbacks,the setback of the adjacent use shall apply. E. Maximum building coverage:Thirty-five percent; however,this may be increased up to a maximum of fifty- five percent if a corridor that facilitates pedestrian access through the block or along a creek, lake,or other natural amenity is provided. Note:This bonus is to be added to the base allowable building coverage. F. Maximum development coverage: Maximum coverage by impervious surfaces shall be sixty percent, unless a density bonus is granted.A maximum bonus of twenty percent is allowed. Projects that provide a corridor that facilitates pedestrian access through the block or along a creek, lake,or other natural amenity are eligible for this density bonus. ATTACHMENT C Note:This bonus is to be added to the base allowable impervious surface coverage.The provisions of the Mason County Code regarding stormwater runoff, parking, landscaping,and design requirements may further limit impervious surfaces. G. Building height:not more than thirty-five feet,or as reviewed by special use permit, not to exceed fifty-five feet. H. Open space:All development that contains four or more attached units must provide at least 200 square feet per unit of common open space usable for many activities.The amount of open space and recreational facilities should be proportional to the density of the development(i.e.,as density increases and/or as lots become smaller,there is a greater need for common open space available to all of the residents,guests and visitors to the development.)This required common open space shall at a minimum meet the following criteria: 1. For four to twenty units,the open space must be in one or more pieces each having at least eight hundred square feet and having a length and width of at least twenty-five feet. 2. For twenty-one units or more, a minimum of ten percent of the total space must be provided in usable open space.The open space must be in one or more pieces having a length and width of at least forty feet. 3. The required common recreational open space may be reduced by twenty-five percent if amenities such as, but not limited to,the following are provided in the common open space: a. Commercial grade children's play structure. b. Benches or other seating features. C. Picnic shelter. d. Sports court. Community Development staff shall determine if the proposed amenities provide comparable recreation opportunities as would the open space that is reduced. 4. The open space area may be located in any required setback area,except street setbacks,so long as the uses thereof are compatible and permissible. 5. Open spaces shall provide for uses/activities that appropriately serve the anticipated residents and users of the development. 6. Up to fifty percent of a development's open space requirement may be satisfied by wetland and/or critical area habitat and required critical areas buffers in consideration of the significant passive recreation opportunities provided by said lands. (Ord. No.47-09,Attach.A,6-2-2009;Ord. No.52-19,att.A,6-4-2019) ATTACHMENT C Chapter 17.22 RESIDENTIAL DISTRICTS IN THE BELFAIR UGA "R-4" Low Density Residential District 17.22.050 Bulk and dimensional standards. Setbacks: Front yard: 15 feet. Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes, Street side yard: 10 feet. Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 15 feet. "R-5"Medium Density Residential District 17.22.100 Bulk and dimensional standards. Setbacks: Front yard: 10 feet. Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. "R-10" Multi family residential district 17.22.150 Bulk and dimensional standards. Setbacks: Setbacks: Front yard: 10 feet. Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. Z COMMISSIONERS O THOMASJ. FARMER W LINDA R.GOTT Mo BRUCE E.JORGENSON PUBLIC UTILITY DISTRICT MANAGER ANNETTE CREEKPAUM November 9, 2021 Mason County Community Development Attn: Marissa Watson 615 W Alder St Shelton WA, 98584 mwatson@masoncountywa.gov RE: PUD 3 comments submitted regarding SEP2021-00087;Applicant: Mason County;Title 17 proposed zoning code amendments Ms. Watson: Thank you for the opportunity to comment on the DNS- Determination of Nonsignificance issued by Mason County, regarding the above-referenced project. Mason County PUD 3 ("PUD") has reviewed the information provided and has the following comment(s): A) HEIGHT STANDARDS: raising height limits beyond standard limits with review and approval of a special use permit. Our review indicates that that there will be no limit to potential height that may potentially be approved via special use permit for the following zones (provided that Allyn VC zone development East of SR 3 is not to exceed 25 feet): - Rural Lands—Master Planned Resort(MPR) (17.04.704) -Shelton UGA—Low Intensity Mixed Use(MU) (17.07.270); General Commercial (GC) (17.07.350); Commercial-Industrial (CI) (17.07.450); Industrial(1) (17.07.670); Public Institutional (PI) (17.07.755) -Allyn—High Density Multifamily Residential (R-3) (17.11.550);Village Commercial (VC) (17.12.150; subject to 25' limitation for development East of SR 3); Highway Commercial District(HC) (17.12.350); and Business Park (BP) (17.12.450) - Belfair UGA—Medium density residential district (R-5) (17.22.100); Multi-family residential district(R- 10) (17.22.150); Mixed Use district(MU) (17.23.150);General Commercial district (GC) (17.24.010);and Business industrial district (BI) (17.24.070) Amending the height limit to remove the fifty-five foot restriction has a likely outcome of increasing density.This allows for more efficient utilization of new and existing utility infrastructure such as electric power and telecommunications. Mason PUD 3 strongly encourages opportunities to increase density of development in Mason County. Mason PUD 3 requests and encourages applicants to consult with the PUD early in the planning/design process to ensure that any potential issues regarding structural height/design can be evaluated and addressed early in the process. P.O. Box 2148•Shelton,WA 98584• (Bus)360-426-8255•(Fax) 360-426-8547 www.pud3.org B)SIDEYARD SETBACK STANDARDS: authorizes reduction of the standard side setback for residential development with a Building Administrative Variance within the zones listed below, provided that in no case shall the setback be less than required by building or fire codes: -Allyn—General Regulations (17.10.460);Allyn UGA Residential Zoning Districts (R-1) (17.11.150);and (R-113);Allyn UGA Medium Density Multifamily Residential (R-2) (17.11.450);Allyn UGA High Density Multifamily(R-3) (17.11.550);Allyn UGA Residential-Platted District (R-1P) (17.11.750) -Shelton Urban Growth Area—Neighborhood Residential (NR) (17.07.150); Low Intensity Mixed Use (MU) (17.07.270) - Belfair Urban Growth Area—Residential Districts (R-4) (17.22.050); (R-5) (17.22.100); and (R-10) (17.22.150) Mason PUD 3 requests and encourages applicants to consult with the PUD early in the planning/design process to ensure that any potential issues regarding lot layout/setbacks and associated utility services design and installation can be evaluated and addressed early in the process. C)ACCESSORY DWELLING UNITS: amendments to the Accessory Dwelling Unit requirements that provide greater flexibility in who resides on the property in non-shoreline jurisdiction areas and deletes the requirement for ADUs to be within 150 ft of the main residence Mason PUD 3 has no comments for this section. SUMMARY COMMENT:Although the information provided to the PUD through this SEPA process does not include specific details regarding the extent to which the proposed modifications to height and setback standards may affect future residential development proposals, it appears that the majority of the proposed amendments pertain to future residential development,with the potential for future development subject to availability of utility services.The PUD hereby provides general notice that any new electrical load is subject to the PUD's capacity and ability to serve the load,and this should be considered at the early stages of project planning and design. All applicants seeking to connect to the PUD's electrical system must comply with all PUD service rules and regulations, including but not limited to the PUD's line extension policy and system capacity fee.Applicants are encouraged to connect with the PUD to obtain information such as the line extension policy and the service rules and regulations. If you have any questions or would like to respond to these comments, please contact Justin Holzgrove, Director of Engineering& Utility Services,at (360)426-8255 or justinh@masonpud3.orP. Sincerely, �Cre�c%acuyv Any et:.,Crr,.paum(Mr.3.2o71 1,41 PSI i Annette Creekpaum, Manager Mason County Public Utility District 3 P.O. Box 2148•Shelton,WA 98584•(Bus)360-426-8255•(Fax) 360-426-8547 www.pud3.org