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HomeMy WebLinkAbout2022/02/15 - Regular Packet MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: February 15, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Federal Energy Regulatory Commission sent in a letter regarding Adaptive management of activities to reflect Hatchery Genetic Management Plans. 4.1.2 Cheryl Williams sent in an application for the Board of Equalization. 4.1.3 Gerry Roberts &Judy Nicholson sent in applications for the Mason County Historic Preservation Commission. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk FEDERAL ENERGY REGULATORY CONINUSSION Washington,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 460-048, 460-052, • 460-061, 460-063, and 460-065 — Washington Cushman Hydroelectric Project City of Tacoma, Washington January 20, 2022 VIA FERC Service �6zil"V ED Chris Mattson, Generation Manager Tacoma Power JAN 31 2022 3628 South 35th Street Tacoma, WA 98409 Mason County Commissioners Subject: Adaptive management of activities pursuant to Articles 412, 414, 415, 416, and 417 to reflect Hatchery Genetic Management Plans Dear Mr. Mattson: This letter is in reference to your December 10, 2021 letter regarding your submittal of Hatchery Genetic Management Plans (HGMPs) to National Marine Fisheries Service (NMFS) for the North Fork Skokomish and Saltwater Park hatcheries, and acknowledges the adaptive management of activities implemented pursuant to Articles 412, 4141P 415, 416, and 417 of the project license,' as amended,2 to ensure that the goals are being achieved in conjunction with the development of the HGMPs. Background Article 417 of the license includes details for the fish supplementation program, which has the purposes to protect, address damages to, and enhance anadromous and resident fisheries, and requires development of a fish supplementation plan. Your I Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and Rejecting Motion to Intervene (84 FERC ¶61,107), issued July 30, 1998. 2 Order on Remand and on Offer of Settlement, Amending License, Authorizing New Powerhouse, and Lifting Stay (132 FERC ¶61,037), issued July 15, 2010. Project Nos. 460-048 et al. -2 - approved Fish Supplementation Plana stated that you would develop HGMPs for each • facility and program, which you would submit to the Fisheries and Habitat Committee (FHC)4 for review and to NMFS for approval. You submitted the HGMPs to NMFS on December 9, 2021. The HGMP provides detailed descriptions of goals, objectives, operational practices, and monitoring associated with the facilities, and although it is not directly stipulated in Article 417, it is required by NMFS for all hatchery facilities and programs within Puget Sound. In accordance with Article 417, you operate the Saltwater Park Hatchery, where you raise sockeye salmon, and the North Fork Skokomish Salmon Hatchery, where you raise spring Chinook salmon, Coho salmon, and winter steelhead. Adult spring Chinook salmon first returned to the North Fork Skokomish River in 2018. In 2017, the Skokomish Indian Tribe (Skokomish Tribe) and Washington Department of Fish and Wildlife (Washington DFW) updated the Recovery Plan for Skokomish River Chinook (Recovery Plan), which provides a long-term plan to guide restoration and recovery of habitat and salmon in the Skokomish River. The Recovery Plan is not a license requirement, but it references the license term as its planning horizon and refers to various license required activities which are aimed at restoring normative watershed functions and salmon life histories adapted to the watershed, and thus would contribute to the goals of the Recovery Plan. Licensee's Proposal Your filing provides the FHC decision documents, which provide a summary of the article requirements, the proposed modified implementation, justification for the modification, any relevant coordination needs, and a summary of potential effects. The Cushman HGMP Workgroup (comprised of the licensee, Skokomish Tribe, and Washington DFW)proposed modifications to the implementation of license Articles 412 (Fish Habitat Enhancement and Restoration Plan), 414 (Downstream Fish Passage), 415 (Upstream Fish Passage), 416 (Fish Passage Monitoring Plan), and 417 (Fish Supplementation Program) due to the interrelationship between activities in these requirements and the hatchery programs. The modifications are within the adaptive 3 Order Approving Fish Supplementation Plan Pursuant to Article 417 (137 FERC ¶62,213), issued December 6, 2011. 4 The FHC members include representatives from the licensee, National Marine Fisheries Service, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Park Service, U.S. Forest Service, Skokomish Indian Tribe, Washington Department of Fish and Wildlife, and Washington Department of Ecology. Project Nos. 460-048 et al. -3 - management framework of the articles, which provides the FHC flexibility to modify the • activities in order to obtain the objectives. The HGMP Workgroup believes that shifting the focus to the South Fork Skokomish River will increase the likelihood that the spring Chinook Salmon program will be successful in creating a self-sustaining population in the Skokomish Basin. The HGMP Workgroup has agreed on a period of at least 10-15 years to focus implementation of other Habitat Restoration Account (HRA) funded aquatic habitat enhancement and restoration projects on the South Fork Skokomish River in addition to those in the North Fork, in order to support ongoing efforts to restore a self-sustaining population of spring Chinook Salmon in the Skokomish Basin. Article 412 required development of a Fish Habitat Enhancement and Restoration Plans to enhance fish habitat in the North Fork of the Skokomish River Basin, with the purpose of guiding the implementation of projects designed to enhance aquatic habitat in the North Fork of the Skokomish River and McTaggert Creek and to provide access to spawning habitat in tributaries of Lake Cushman. In part, Article 412 states that if available funds remain within the HRA,you may implement other appropriate aquatic habitat enhancement and restoration projects developed by the FHC within the Skokomish River Basin. You propose to include use of HRA funds in the South Fork Skokomish River, in addition to the North Fork, which would allow for the implementation of license requirements and reflects Recovery Plan strategies. This would support ongoing efforts to restore a self-sustaining population of spring Chinook Salmon in the Skokomish Basin and contributes to spring Chinook recovery efforts by ensuring adults originating from the hatchery program return to productive habitat. Article 414 required development of a downstream fish passage plan and describes the requirements for the floating surface collector (FSC) for juvenile migrants.6 Article 414 provides the FHC flexibility to adaptively manage the FSC and its testing and development phases, so that you can continue phase one studies (operating the FSC with a minimum 250-cubic feet per second (cfs) attraction flow) if extenuating factors are preventing the FSC from meeting the survival and collection performance standards. Article 416 required development of a fish passage monitoring plan, which, in part, 5 Order Modifying and Approving Fish Habitat Enhancement and Restoration Plan, Pursuant to Article 412 (138 FERC ¶62,128), issued February 15, 2012. •r 6 Order Approving Final Downstream Fish Passage Facility Design Pursuant to Article 414 and Order Granting Extension of Time (139 FERC¶ 62,181) issued June 6, 2012. Project Nos. 460-048 et al. -4 - elaborates on the FSC performance standards and monitoring. Article 416 allows you to • continue to implement non-attraction flow measures to improve fish passage until the survival standard is achieved. In order to reflect the Recovery Plan strategies, the HGMP Workgroup proposes to modify implementation of Article 414 to extend the phase one • demonstration period for 10 years, beginning from 2018 (the first year of testing sockeye salmon started at the FSC), though the ultimate timeline would be subject to adaptive management decisions. The 10-year monitoring period will provide time for evaluations required to fill data gaps and to build an extensive dataset that will be necessary for making effective management decisions for the program and determining if engineering and subsequent modifications of the FSC are necessary. During this 10-year extension, you would continue to operate the FSC at 250 cfs, while you prioritize addressing the extenuating factors and environmental conditions which may be affecting performance standards,such as the need to prioritize hatchery management and other salmon recovery measures within the watershed. The results from the continued 10-year monitoring program would be used to inform subsequent decisions regarding fish management needs, evaluations required to fill data gaps, and engineering and modifications. Article 415 required development of an upstream fish passage plan.8 Under the adaptive management provision in Article 415, and in order to reflect the goals of the Skokomish Basin Chinook Recovery Plan, the HGMP Workgroup proposes additional flexibility to use release locations other than above Cushman No. 1 for chinook, coho and steelhead collected at the upstream passage facility over the next 10 years. All chinook of natural and hatchery origin will be transferred to the hatchery program, and once the broodstock goal is met will be released to the South Fork Skokomish River; the FHC will determine specific release locations. Hatchery origin winter steelhead will be released to the North Fork Skokomish River instead of transferred to hatchery program. Article 415 objectives would continue to be achieved with this modification by enhancing restoration of chinook, coho and steelhead in Skokomish River basin while continuing to provide safe, timely, and effective upstream passage, and would help establish a self-sustaining population of spring Chinook Salmon in the South Fork Skokomish River and increase spawners throughout the Skokomish Basin. Article 417 describes the production goals and rearing of anadromous fishes for the Cushman Fish Supplementation Program, and provides flexibility for the FHC to 7 Order Modifying and Approving Fish Passage Monitoring Plan Pursuant to Article 416 (140 FERC ¶ 62,141) issued August 23, 2012. 8 Order Approving Upstream Fish Passage Plan Pursuant to Article 415 and Temporary Waiver of Articles 405, 420, 423 (133 FERC¶ 62,276) issued December 21, 2010. Project Nos. 460-048 et al. - 5 - adjust the production quantities and release strategies for those facilities within the design production capacity of those facilities. The HGMP Workgroup states that releasing spring Chinook Salmon into the South Fork Skokomish River will increase the likelihood of developing a self-sufficient population in the Skokomish Basin, which will support restoration and long-term maintenance of a spring Chinook population in the Skokomish watershed, including in the North Fork Skokomish, while maintaining the current spring Chinook Salmon hatchery program. Proposed modifications include: adjusting the proportions of sub-yearling and yearling releases as necessary to achieve overall program objectives; releasing an additional 200,000 juvenile spring Chinook salmon into South Fork Skokomish; adjusting the release strategy to allow for release of juveniles and adults into the South Fork Skokomish River; and relocating Coho Salmon production to Enetai Hatchery, which would increase the available rearing space and improve rearing conditions at North Fork Salmon Hatchery. Agency Consultation Your filing indicates that the decision documents describing the modifications for implementing the articles were reviewed and unanimously approved by the FHC on November 30, 2021. The decision documents indicate that NMFS supports advancing the proposed approach for further consideration and their approval of implementation remains subject to ESA review, which will occur as part of its HGMP review. Additionally, because the respective plans pursuant to Articles 412, 414, 415, 416, and 417 were developed in consultation with, and required approval from NMFS, U.S. Fish and Wildlife Service, and the Bureau of Indian Affairs, you provided the proposal and decision documents to those agencies for their review. You also sought approval from the Washington Department of Ecology. All agencies provided approval of the modifications. Discussion and Conclusion Your filing provides modifications to the implementation of activities required under various license articles, within the respective adaptive management framework of those articles, will provide continued implementation of license requirements and will ensure objectives of the Recovery Plan are also met. The flexibility to adjust specific activities, such as release strategies for adults and juveniles and where habitat is restored, and the timeline will support ongoing efforts to restore a self-sustaining population of spring Chinook Salmon in the Skokomish Basin. The proposals were developed in consultation with the HGMP Workgroup and have been reviewed and approved by the FHC. Project Nos. 460-048 et al. - 6 - Thank you for filing your notification of adaptive management changes. You • have completed your consultation and obtained all necessary approvals. Please proceed with implementing the adaptive changes in consultation with the FHC. At this time no further action is needed on the Commission's part. If you have any questions regarding this matter, please contact me at (202) 502- 6833 or holly.frank@ferc.gov. Sincerely, Holly Frank Aquatic Resources Branch Division of Hydropower Administration and Compliance Cc:CMMRS Neatherlin, Shutty, Trask Clerk hOeUQ C-ICJI.� ( �(a✓�C� COP�rA MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 -- FEB Q 3 2022 Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 c�fMason County I AM SEEKING APPOINTMENT 4116bf(Ei ization NAME: Cheryl Williams, EA, MST ADDRESS: PHONE: CITY/ZIP: AREA IN THE COUNTY YOU WE) E-MAIL: ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS COMPANY: H & R Block off and on 32 YRS BIDE Alternate, Mason County, 20�1-present Taxpayer Advocacy Panel, IRS, 20 8-2020 SWAC Member, Mason County, 2015-2018 POSITION: Master Tax Advisor member, Mason County, Shelton School Board, 2011-2015 COMPANY: Intuit (Turbo Tax) 8 YRS Mason Transit Authority, 2011-2015 Sound Learning Board, 2005-2015 POSITION: Tax Specialist -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Representing property owners in Mason County who don't have contact with commissioners is how you keep government puU FFFThis board prevents harm to an individual and equalizes property for the purpose ot taxation. Having served as an alternate on the board for almost a year, I've learned about the board's role in the appeals ploue!ss. I get to use my knowledge and experlerme together, arid arn always open to learning new things. What interests, skills do you wish to offer the Board, Committee,or Council? I have empathy and experience, which is a good fit for this board. The current board respects each other and the process, and works well together. 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) None 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? x Quarterly x Monthly x Weekly Daily Office Use Only Cheryl Williams 2/1/2022 Appointment Date Signature Dad Term Expire Date Cc:CMMRS Neatherlin, Shutty, Trask Clerk Opel IC ) MdA(, ) kuh L *IR54 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 AM SEEKING APPOINTMENT TO T f IGSG�Nc�'�o Cd P't NAME: � I ADDRESS: PHONE: . CITY/ZIP: VOTING PRECINCT: WORK PHONE: AREA IN THE COUNTY YOU LIVE) E-MAIL COMMUNITY SERVICE EMPLOYMENT'(IF RETIRED,PREVIOUS EXPERIENCE) lf� (ACTIVITIES OR MEMBERSHIPS) COMPANY: ^}}AI YR.S k POSITION: �f 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: What interests,skills do you wish to offer the Board,Committee,or uncil? Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.cre4le a potentia6cogocl of interest) ..t Yo art pation is dependqnt upon attending certain trainings made available by A Cou19 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? RealisticalRy—how4w.Liz,h time can you Iv s position? u rterl Weel l; Y Office Use Only Appointment Date Sic TemT Expire Date �, E iL ' FEB V r! LU(.0 Mason County Cnf;')f7)IC!3i,-)rr-rg Cc:CMMRS Neatherlin, Shutty, Trask Clerk vAot At a' MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 -- Fax 360-427-8437;Voice 360-427-9670,Ext.419;275.4467or482-5269 I AM SEEKING APPOINTMENT TO PI(.— NAME: •1 ADDR ss PHONE: nY2IP: V T NG PRECINCT: wyMN0440m: COUN E __________---_ COMMUNITY SERVICE EMPLOYMENT: IF RRETIREDD PREVIOnU�S�EtX�PEERRIIENCE (ACTIVITIES OR MEMBERSHIPS) COMPANY: �1%t �C (1 r+./►tom. YRS �w Lul POSITION: Y k L COMPANYAA'- '-�%'?Z�,G(�C� PO MON: ------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Boar ,Committee or Council for which you are applying: i Whatjnterests,skill do you wish to offqrlfhe Board,Committee,or uncil7� ; 44 Alvez T K Please list any financial, professional,or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and� �bi�rds).The trainings would be at no cost to you.Would you be able to attend such trainings? Realistically,how much time can you give to this position? Quarterly MoroWeekly Daily Office Use Only ADab�P 1Appointment Date Signs re Term Expire Date n v c FEES 07 )-011 Mason, County Corn nissiarers NEWS RELEASE February 15, 2022 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON,WA 98584 (360)427-9670 EXT. 419 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 Parks and Trails Advisory Board Openings The Board of Mason County Commissioners is seeking applications from community members who are interested in serving on the Mason County Parks and Trails Advisory Board. The Mason County Parks and Trails Advisory Board provides recommendations to the Board of Commissioners regarding the planning,acquisition and development of parks,trails and related programs in Mason County. The Parks and Trails Advisory Board is a seven member board appointed by the Mason County Commissioners. Ideally there would be two positions from each Commissioner District and one at-large position. If the vacancies cannot be filled with members from the respective districts as desired, at-large members residing anywhere in Mason County can be substituted. The intent is to provide equal geographic representation from throughout Mason County if possible. If you have an interest in parks,trails, or other outdoor recreational opportunities and would like to make a difference in your community you are encouraged to apply. The Mason County Parks and Trails Advisory Board typically meets the fourth Thursday of each month at 5:15 p.m. in Shelton. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5tn Street, Shelton, or by calling Shelton 360-427-9670, ext. 419; Belfair 360-275-4467, ext. 419 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 31,2022 Monday,January 31,2022 9:00 A.M. Mason Transit Authority Board Candidate Interviews Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • The Commissioners interviewed Wes Martin,Leanna Krotzer, Steve Pierce,Ken VanBuskirk,John Sheridan,Sandy Tarzwell,and John Campbell for the Mason Transit Authority Board and will revisit this to make a decision. 9:30 A.M. Sheriffs Office—Chief Hanson Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Chief Hanson negotiated a contract to increase Health Care Delivery Services(HDS) Holiday Nursing Pay. The last amendment increased the nursing hours,but did not address holiday nursing hours. The request is to increase the Holiday Nursing hours from$28.50 per hour to$30 and to make this retroactive to January 1,2021. Approved to move forward. 9:35 A.M. Indigent Defense—Peter Jones Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Peter Jones requested to renew the contract for continued service with Sound Defenders for conflict and overflow cases. Approved to move forward. 9:40 A.M. Support Services—Mark Neary Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • The Commissioners had a discussion regarding the Belfair sewer extension. • Diane Zoren shared a news release to solicit applicants for the Parks and Trails Advisory Board. Approved to move forward. • Diane discussed extending the contract with North Mason Little League for the concession stand from 2022 to 2023. Approved to move forward. • Kelly Frazier gave an update on Building 7. About 700 boxes were shredded,the room was reorganized to make space for three offices,and building should start building this week. The initial cost estimate was$75k but the cost is foreseen to be under$50k. • Diane shared the letter from Timberland Regional Library asking the County to concur with Thurston County's appointment of Mary Beth Harrington to the Timberland Regional Library Board of Trustees. Approved to move forward. • Jennifer Beierle reviewed the American Rescue Plan Act(ARPA)of 2021. Mark shared that this is a working document used for tracking. • Jennifer shared a citizen inquiry to purchase parcel#32007-13-00050 on Johns Prairie Road. Mark Kamin would like to purchase the triangular parcel between his properties. Public Works and the Planning Department does not see a need to keep. Richard Beckman assessed the fair market value at$3,960. Approved to move forward. • Jennifer presented the 2022 Budget Supplemental Appropriations and Amendments calendar. Two Public Hearings are planned. Cmmr.Neatherlin suggested creating a Community Service Officer(CSO)position in the Sheriffs Office. Approval of the budget hearing calendar and no further discussion of the CSO position. 10:00 A.M. Public Health—Dave Windom Page I 1 Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Casey Bingham presented the amended Consolidated Contract and reviewed the 2022 programs. Approved to move forward. • Alex Paysse requested permission to schedule a Public Hearing for March 15,2022 at 9:15 a.m.to consider amending Preliminary Platting Standards. Administrator Neary asked the Commissioners to forward any questions they may have to staff so the information can be provided at the hearing. Approved to move forward. 10:10 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Loretta Swanson presented the 2022 Levy Certification. Approved to move forward. • Mike Collins presented a request to close Landon Road from February 8 to February 9,2022 at the request of a citizen in order to move a house. Approved to move forward. • Mike requested permission to purchase two pup trailers at about$200K which is within the 2022 budget. Approved to move forward. • Loretta noted that there is a mutual aid agreement on the February 1,2022 agenda and that the County may be unable to help if there is a vaccination requirement. • Cmmr. Shutty asked staff to provide information on a Road Improvement District (RID)process. Commissioner Discussion • The Commissioners agreed to place the appointments to the Mason Transit Authority on the February 1 agenda for the following: John Sheridan, Sandy Tarzwell,Wes Martin and John Campbell. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commissioner Commissioner Chair Page 12 } Board of Mason County Commissioners 4 Proceedings g Commission Chambers 411 N 5t' St, Shelton, WA 98584 January 18, 2022 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—Cmmr.Neatherlin 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:a marijuana application for PT Enterprise LLC,a marijuana license due to expire,and a liquor license for Laurie's Hoodsport Gift&Liquor. 4.1.2 Sandy Tarzwell,Wes Martin, Steve Pierce,John Campbell,and Leanna Krotzer sent in applications for the Mason Transit Authority. 4.1.3 Timberland Regional Library sent in 2022 Budget documents. 4.1.4 Brenda Hirschi sent in a letter of resignation from the Board of Equalization. 4.1.5 Marla Morgan sent in a letter requesting to change the speed limit on E Grapeview Loop. 4.2 Mark Neary presented the Mason County Board of Equalization News Release. 5. Open Forum for Citizen Input Greg Sypnicki commented that he watched the March 23,2020 Briefing at which all three Commissioners,Loretta Swanson,and Richard Dickinson discussed the urgency of accepting the $8 million loan to extend the Belfair sewer. In that meeting the loan was unanimously approved because Cmmr. Shutty and Cmmr.Trask agreed that repayment of the loan would be a burden on the County,not on the utility itself. Cmmr.Neatherlin felt there were better ways to extend the sewer with less risk,he was agreeable to accept the loan if it did not put a bigger burden on his community and made his concerns very clear. Cmmr. Shutty suggested eliminating a rate increase. Greg read the signed loan contract. Under special terms and conditions governing the loan agreement,the contract reads"the contractors shall adopt a rate increase of$87 to the base monthly rate per ERU or demonstrate there has been an increase in ERUs prior to project completion". Greg would like to know the discrepancy and feels there was a"meeting of the minds"that Cmmr. Neatherlin's community would be spared the burden of having their rates increased if things did not go as planned. Brenda Hirschi shared that she is perplexed about the rates for the ERUs. The$87 has shown up a couple times now and it has not been applied. Brenda has been told that the Commission is committed to keeping rates at the current level and would like this discussed at the January 31 meeting. How many ERUs will it take to bring this special fund solvent and comply with State findings for the last five years? Why would the sewer extension go into undeveloped land which is not part of the Urban Growth Area while there are many homes in that area left using septic systems? Brenda would like the County to address what is being done to inspect and enforce the quality of the septic systems. It is agreed that we want to keep the water clean and safe as well as have a long-term solution to the financial condition of the Belfair sewer system. 6. Adoption of Agenda Cmmr.Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes Cmmr.Trask/Neatherlin moved and seconded to adopt the January 10,2022 Briefing Minutes; January 10,2022 Special Minutes; and December 21,2021 Regular 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#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. (Exhibit A,Resolution No.2022-003) 8.4 Approval to adopt the Mason County Public Records Policy as presented. (Exhibit B, Resolution No.2022-004) 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 match 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. (Exhibit C,Resolution No. 2022-005) 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. Item 8.11 21January 18 , 2022 Commission Minutes Cmmr.Neatherlin mentioned that after the Declaration of Emergency he has been receiving phone calls from constituents who had damages and would like to apply for help with damages on their properties. Mark Neary encourages individuals with damages to their property to register those damages with the County via the Emergency Management website. Submitted information will be gathered together along with other governments in the County and sent to the State Emergency Operations Center to determine total cost for this disaster and if the Governor will request FEMA. Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.11. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business(Department Heads and Elected Officials) Dave Windom gave an update on testing kit availability. 9,000 rapid test kits,each including five, have been received to push out to the community. 20,000 more were ordered and should come in this week as well as 20,000 next week. Access to those kits will also be provided through Amazon when available. Dave is unsure if the kits through Amazon will be rapid tests. 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(Exhibit D,Ordinance No.2022-006) Marissa Watson shared that the proposed Title 17 Zoning Code changes met the public notice requirements. The Planning Advisory Commission(PAC)had a public meeting November 15, 2022 and recommends approval. Advertisement was in the Shelton-Mason County Journal November 4 and 11,2022. Advertisement for this Public Hearing was in the Shelton-Mason County Journal December 16 and 23,2022. There are three components to this Title 17 Zoning Code amendment. First,eliminating the 55' height maximum in specific areas within the Urban Growth Area(UGA). There are some zones within the UGA where the maximum is 35',45',and 55'. Applicants will still need to go through a special use process so the public will have the opportunity to make comment on density,aesthetics,etc. This is being changed due to input from individuals interested in housing and commercial projects in the UGAs where the 55' height maximum was making it difficult for projects to be feasible. The special use permit process will go through a Hearings Examiner and the public will have the opportunity to comment. Second,adding a building administrative variance process allowing for reductions on side yard setbacks only within the residential districts of the UGAs. The application process would still be similar;however,it would also be reviewed by the building department to meet building and fire code. Third,eliminating the criteria for an Accessory Dwelling Unit(ADU)to be within 150' of the main residence and eliminating the requirement for the owner of the ADU to reside on the lot in either the principal residence or the ADU from areas that are outside of shoreline jurisdiction. Current code states that the ADU shall be located within 150' of the principal residence or shall be a conversion of an existing detached structure. Through the State Environmental Policy Act (SEPA)process positive comments were received from Public Utility District No. 3 (PUD 3). Diane Hartley sent in concerns regarding increased density. Marissa shared that these changes 3 January 18 , 2022 Commission Minutes should not increase density. Public comment from Diane Hartley was read into record regarding her opposition to the zoning code changes. Diane's concerns included increasing the amount of housing possible to build without addressing infrastructure,traffic congestion,and quality of life. Cmmr.Neatherlin commented that Diane's concerns are valid and that it can increase density when more homes or apartments are brought in. However,the special use process must be gone through and the main concerns will be looked at to guarantee that the right decisions are made. Traffic from growth will impact all of these people but there is a need for housing. The ADU change,while it could allow for more density,may not have the reserve area for the septic to build an ADU unit. These smaller homes are important because they can help families or rent to individuals in the community at a reasonable rate. Cmmr.Neatherlin/Trask moved and seconded to approve to 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. 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 9:44 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 41January 18 , 2022 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: February 15, 2022 Agenda Item # 8.1 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# 8085854-8086248 $ 1,691,467.12 Direct Deposit Fund Warrant# $ Salary Clearing Fund Warrant# $ Treasurer Electronic Remittance $ 3,139,008.54 Macecom 1/5/2022 $ 147,357.42 Mental Health 1/10/2022 $ 1,535.64 Dispute Resolution Surcharge 1/10/2022 $ 1,205.00 Over Collected Road Diversion 1/31/2022 $ 122,485.36 County Road 1/31/2022 $ 122,485.36 REE-F 1/Debt Service Payments 1/12/2022 $ 275,695.28 Mason Co LTGO 2008 Bond Fund 1/12/2022 $ 275,695.28 Mason County Public Works 1/12/2022 $ 998,900.00 Mason County Public Works Local BD 1/12/2022 $ 998,900.00 REET 1/Facilities 1/12/2022 $ 30,000.00 Operating Expenses 1/12/2022 $ 67,374.60 Mason County LTGO 2013 B (Jail) 1/12/2022 $ 67,374.60 Mason County LTGO 2013 B (Jail) 1/12/2022 $ 30,000.00 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 $ 4,877,209.86 Direct Deposit YTD Total $ 1,607,378.85 Salary Clearing YTD Total $ 1,614,580.01 Approval of Treasure Electronic Remittances YTD Total $ 4,501,555.17 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8085854-8086248 $ 1,691,467.12 Direct Deposit Fund Warrant# $ Salary Clearing Fund Warrant# $ Treasure Electronic Remittance $ 3,139,008.54 Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) RE G Lt JAN 3 ? 1G2,`1 Mason County Commissioners 1/5/2022 Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 147,357.42 M-80676 $ - 1/10/2022 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 1,535.64 M-80780 Is - 1/10/2022 Account FUND # Remiittance RECEIPT # Dispute Resolution Surcharge 001.000000.100.000 $ 1,205.00 M80781 1/31/2022 Account FUND # Remiittance RECEIPT # OVER COLLECTED ROAD DIVERSION 001.000000.260.010 $ 122,485.36 M-81287 COUNTY ROAD 105.000000.000.000 1 $122,485.36 M-81287 1/12/2022 Account FUND # Remiittance RECEIPT # REET 1/DEBT SERVICE PAYMENTS 350.000000.900.000 275,695.28 M-80854 MASON CO LTGO 2008 BOND FUND 250.000000.000.000 1 275,695.28 M-80855 1/12/2022 �,-h = 4,t)t 1) I Account FUND # Remiittance RECEIPT # MASON COUNTY PUBLIC WORKS 105.000000.000.000 998,900.00 M-80852 MASON CO PUBLIC WORKS LOCAL BD 205.000000.000.000 1 998,900.00 M-80853 1/12/2022 Account FUND # Remiittance RECEIPT # REET 1/FACILITIES 350.00000.300.000 $30,000.00 M-80856 OPERATING EXPENSES 001.000000.310.000 $67,374.60 M-80856 MASON COUNTY LTGO 2013 B (JAIL) 215.000000.000.000 $67,374.60 M-80857 MASON COUNTY LTGO 2013 B (JAIL) 215.000000.000.000. $30,000.00 M-80857 Respectfully submitted by Julie Richert, Chief Deputy Treasurer 1/31/2022 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 2/15/2022 Agenda Item # B.2 Commissioner staff to complete) BRIEFING DATE: 1/31/2022 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: American Rescue Plan Act (ARPA) funding of 2021 approved items — Re-allocate $100,000 from PUD#1 residential customer arrearages due to COVID to PUD#1 Eldon Fiber Buildout project. Other funding sources are available for customer arrearages and the PUD#1 portion of the Eldon Fiber Buildout project construction bids are higher than the original estimate due to increases in material prices. Background: On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (FIR 1319). The $1.9 trillion package, based on President Biden's American Rescue Plan, is intended to combat the COVID-19 pandemic, including the public health and economic impacts. As a result of the passage of this plan Mason County will receive $12,949,242 in grant funding. The county has completed the Government Application process and received the first tranche of funding of$6,484,451 on 6/25/21. The second tranche will be made no earlier than 12 months after the first. Recommended Action: Approval to re-allocate $100,000 from existing PUD#1 residential customer arrearages contract to a new contract for PUD#1 Eldon Fiber Buildout project and authorize Mark Neary, County Administrator to amend existing contract, enter into new contract with PUD#1 and sign the subrecipient contracts. Attachment(s): Request letter from PUD #1 ARPA Spreadsheet J.•I Grants I ARPA American Rescue Plan Act 2021 I REVISED Agenda Item Summary-ARPA 02.15.2022.doc Mason County ARPA Prioritization List of Projects Review 1/31/2022 Priority Balance K Obligated by Remaining of ARPA Category Mason County Project Name EDC ST RN S Requests BOCC Approved Contract Expended Approved Amt A Support Public Health Response/Negative Economic Impacts PUD 1 Customer Arrearages due to COVID Medium X X 125,000 125,000 125,DD0 6,578 118,422 Reallocat from PUD Arrearages to HCC Eldon Fiber Buildout (100,000) HCC Customer Arrearages due to COVID Medium X X 110,0D0 110,000 110,000 110,000 Mason County Treasurer Property Tax Reim-individual households X 111,000 125,000 125,000 71,813 53,187 Mason County Treasurer Property Tax Reim-small businesses X 75,000 75,000 12,344 EDC Small Business Grants High X X 500,000 500,000 500,000 475,000 25,D00 Crossroads Housing for Assistance to Homeless Veterans 10,DD0 10,000 10,000 10,000 Belfair Water Customer Arrearages 26,271 Mason County Utilities Arrearages Medium X 154,000 Housing Authority of Mason County Rent Arrearages 123,545 - Childcare Support Medium A Support Public Health Response/Negative Economic Impacts Subtotal 1148,816 945,1300 870,000 565,735 316,609 B Premium pay for Essential Workers Signing Bonus for Corrections Deputies X 74,266 B Premium pay for Essential Workers Subtotal 74,266 C Replace Public Sector Revenue Loss Up for government services up to$1.9 Million MCSO Body Cameras X X 702,365 702,36S 702,365 MCSO Body Camera install 40,000 40,0D0 25,790 PUD 3 Belfair Substation High X 1,500,000 1,500,DD0 1,500,000 Public Records Software GovQA X 22,700 - Public Health Message Board 20,000 Design for Ind floor PA,MCSO 100,000 DCD Records Archival Image Medium 500,000 - Prosecutors Office Ind floor expansion 700,000 - MCSO Ind floor expansion 800,000 Ballot sorter machine B of A Bldg Low 1,200,000 C Replace Public Sector Revenue Loss Subtotal 5,585,065 2,242,365 728,155 1,500000 D Water,Sewer,and Broadband Infrastructure PUD 1 Agate Beach Water System Mainline X X 559,000 559,000 559,OD0 559,000 PUD 1 Vuecrest Storage Upgrade X X 158,284 158,284 158,294 1-58,294 CEDS Belfair Water New Well for Commercial Core UGA X X 450,000 450,000 450,OD0 450,000 HCC Colony Surf Fiber Buildout X X 313,556 313,556 313,556 313,556 HCC Eldon Fiber Buildout X X 501,932 501,932 501,932 501,932 Reallocate from PUD K1 Customer Arrearages to PUD$11 Eldon Fiber Buildout 100,000 Mason County IT Infrastructure Backbone/Storage upgrade 136,261 136,261 136,098 163 Rustlewood Water Well&Reservoir Electrical Control System 200,000 200,000 200,000 Beards Cove AC Mainline Replacement 100,DD0 100,DD0 100,000 Belfair PS 41 Improvement Project 150,DD0 150,000 150,000 Belfair PS K3 Improvement Project 180,000 180,000 180,000 Lakeland Pump Station 42,000 42,DD0 42,OD0 EDC Water line from 101 to Prison 1,000,000 Belfair Water Backup Generators 197,000 EDC Sewer line extension from High School to Basin High 2,500,000 EDC Wallace Kneeland Substation High 3,200,000 - PUD 3 Rural Broadband Cloquallum Community X 500,000 - Shelton Gateway Medium X 250,000 - Shelton Springs/Wallace Kneeland Roundabout Medium - - Mason County Courts Building 10 X 750,000 D Water,Sewer,and Broadband Infrastructure Subtotal 11,288,033 2,791,033 1,982,772 136,098 2,654,935 E Administration Washington State Association of Counties 2022 Dues 4,000 4,000 Temp County Staff to address COVID X 2500D0 92,078 157,922 92078 E Administration Subtotal 2541XX1 96,078 157,922 92,078 Grand Total 18 350,180 6,074,476 3,010,694 1429,987 4,563,622 Total APRA Funds Available 12,949,242 Total ARPA Funds Received In 2021-First Round 6,494,451 Total ARPA Funds Expected In 2022-Second Round 6,494,451 Total ARPA Funds Available for SOCC Approval in 2021&2022 6,894,425 Approved by BOCC during Board Briefings-w/b on upcoming Actions Agendas-Included in BOCC Approved Amts - Total ARPA Funds Available for BOCC Approval In 2021 409,975 MASON COUNTY PUBLIC UTILITY DISTRICT NO. 1 BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SREETZ,Commissioner .0--- , N.21971 Hwy. 101 JACK JANDA.Commissioner —__ Shelton.Washington 98584 RON GOLD,Commissioner January 19, 2021 Mason County Board of Commissioners c/o Mark Neary 411 N. 51h Street Shelton, WA 98584 Re: Request to Reallocate ARPA Funding Request Dear Mark, Mason County PUD No. 1 in partnership with Hood Canal Communications was awarded a grant from CERB for fiber deployment along the Highway 101 Corridor.This project was also supported by the Commissioners through ARPA funding awarded to Hood Canal Communications. Since the grant application and subsequent award in August of 2021, material prices have increased substantially. Because of this, construction bids the District received are higher than the grant. The District was awarded $125,000 of APRA funding from Mason County to assist with customer arrearages. We would like to ask the Mason County Board of Commissioners to re-allocate $100,000 of the funding earmarked for customer arrearages to help close the gap for the fiber deployment project bid /CERB grant shortfall.The District has had success in applying assistance to customer accounts, but with other assistance programs available,the amount of assistance needed from ARPA isn't as high as we originally anticipated. Could you please add our request to Monday's briefing? Let me know if you have any questions or need additional information. Sincerely, . R�� Katie Arnold District Treasurer (360)877-5249 (800)544-4223 (1 FAX(360)877-9274 www.mason-pud l.org Printed Ebro n r. Printed from Mason County DMS MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Chief Kevin Hanson Action Agenda: X Public Hearing: Other: Department: Sheriff's Office-Corrections Ext: 369 Date: February 15, 2022 Agenda Item # 3 Commissioner staff to complete) Briefing Date: January 31, 2022 Briefing Presented By: Chief Hanson [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Contract amendment for Health Care Delivery (HDS) Background: Health Care Delivery (HDS) is in contract with the County to provide inmate medical care in the Mason County Jail. The parent contract was signed in 2017. On October 20, 2020, the Board signed a contract amendment allowing an increase in Nursing Service and Administrative RN rates from $57 to $60 per hour effective January 1, 2021. The amendment did not specifically address the Holiday Nursing hours which was last formerly addressed by the Board on April 16, 2019. The 2019 agreement allowed for 112 hours at $28.50 per hour. We are requesting to increase the Holiday Nursing hours from $28.50 per hour to $30 per hour commensurate with the RN increases from 2021 retroactive from January 1, 2021. Budget Impact(s): $168.00 Recommended Action: Approve the contract amendment with Health Care Delivery to increase the Holiday Nursing Hours from $28.50 an hour to $30 an hour retroactive from January 1, 2021. Attachment(s): Amended Contract 2022 Contract Amendment between Health Care Delivery Services and Mason County The Health Care Delivery Services Contract was signed by the County on 03/13/2017.The contract expired December 31',2017 and rolled over for 2018 without change. An amendment was agreed to in 2019 extending the duration of the contract and a contract increase of 3.4 percent. An amendment was signed for 2020,extending the duration of the contract without budget implication. In 2021,the contract was amended to reflect an increase in: • Nursing services-Old rate was$57.00 per hour. New rate is$60.00 per hour, 16 hours minimum per day for 7 days per week. • Administrative RN hours rate increased from$57 to$60 per hour(5 hours per week). • Extended the Term length,pg.2 of the executed contract,from January 2021 through December 2023. This amendment increases the Holiday Nursing hours from$28.50 per hour to$30 per hour commensurate with the RN increases noted above.This is retroactive to January 1,2021. All other terms and conditions remain as agreed in the original contract. BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON DATE: Kevin Shutty,ulau Sharon Trask,Vice Chair Randy Neatherlin, Commissioner Attest: McKenzie Ritchey,Clerk of the Board Appro ed as to Form and Content: d' �s Casey Salisbury,Sheriff Mason County Sheriff's Office Tim Whitehead,Chief Deputy Prosecuting Attorney HEALTHCARE DELIVERY, INC. Shannon Slack, President Address: 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: February 15, 2022 Agenda Item # BA 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: Approval to hire for retiring Financial Analyst on February 16th for approximately one month of succession training Background: Kelly Bergh, Financial Analyst with Support Services, has given notice that she will retire from the County as of March 18th of 2022. Kelly does a multitude of duties to keep the County running smoothly to include: payroll, payables, project accounting, internal allocation & IT rate collections, credit card administration, budget amendments/transfers, and grant management to name a few. To help ensure a smooth transition, we received verbal approval from the Board on January 10' to advertise and hire for this position immediately. We advertised, conducted interviews, and found an excellent internal candidate who will start in this position on February 16th. We are excited to have one month of training overlap with Kelly before she starts her new adventures. We would like to receive formal approval from the Board to have one month of overlap for succession training in this position. This will result in a cost of approximately $6,000 to the Support Services Department. Recommended Action: Approval to hire for retiring Financial Analyst on February 16th for approximately one month of succession training Attachment: J:\Budget Office\Briefing,Agenda,& Public Hearing Items\2022\Action Agenda 2.15.2022 -Permission to hire for retiring Financial Analyst.doc 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: February 15, 2022 Agenda Item # g.5 Commissioner staff to complete) Briefing Date: January 31, 2022 Briefing Presented By: Diane Zoren [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval to concur with Thurston County's appointment of Mary Beth Harrington to the Timberland Regional Library Board of Trustees for a term that will expire December 31, 2023. Background: This will fill a vacant position on the Timberland Regional Library Board of Trustees. Timberland Regional Library is a five-County rural library district consisting of Grays Harbor, Mason, Lewis, Pacific, and Thurston Counties. Budget Impact(s): None. Recommended Action: Approval to concur with Thurston County's appointment of Mary Beth Harrington to the Timberland Regional Library Board of Trustees for a term that will expire December 31, 2023. Attachment(s): Letter to the Timberland Regional Library Administrative Service Center Letter from the Timberland Regional Library Administrative Service Center Thurston County's Citizen Advisory Boards and Commissions Application Administrative Service Center 415 Tumwater Boulevard SW Tumwater, WA 98501-5799 360.943.5001 TRL.org January 25, 2022 Mason County Commissioners Mason County Building 1 411 N 5th St. Shelton, WA 98584 Dear Board Commissioners, The Thurston County Commissioners have appointed Mary Beth Harrington to the Timberland Regional Library Board of Trustees to fill the vacant unexpired term that will expire December 31, 2023. The Thurston County Commissioners have requested that Timberland Regional Library secure the confirmation of this appointment from the other four county Board of Commissioners. A copy of the letter appointing Ms. Harrington is enclosed. If you concur with the appointment of Ms. Harrington, please send a letter of confirmation to my attention at the above address. Once we have received letters from Mason, Lewis, Grays Harbor, and Pacific County Commissioners,copies will be forwarded to the Thurston County Commissioners. We would appreciate your immediate consideration of this appointment. To further speed the process,you may email the scanned letter to Rose Enos-Weedmark at renosweedmark&trl.org. Thank you for your attention to this matter. Sincerely, Cheryl Heywood Executive Director Enclosure Board of County Commissioners Citizen Advisory Boards and Commissions APPLICATION TI ILIZtiT()N COUNTY Name: Mary Beth Harrington Mailing Address: City: State/ZIP: Preferred Phone Number: Email: Occupation: Independent Nonprofit Consultant Advisory Board and Commission applying for:Timberland Regional Library Board of Trustees, Thurston County Position Available hours per month: Available any day and time with notice and 40 or more hours a week Briefly describe why you would like to serve. Throughout my adult life I have engaged with my community at a professional and personal level. I moved to Thurston County lust before the pandemic hit and have been in search of a good fit for my talents and passions. I have an extensive understanding of libraries having worked in and supporting libraries for more than 30 years. I want to use this knowledge to serve the Timberland Regional Library via the Board of Trustees. List your community involvement and dates. We moved to the Thurston County area in February 2020 and due to the pandemic, I have not been able to become as involved in local community involvement as I would have liked. Prior to our move to this area, I was involved in the following activities: * Board of TANO (Texas Association of Nonprofit Organizations) 2018—2021 (Co-Chair 2020-2021) * Board of Catholic Charities of Dallas—2003-2006 * St. Thomas Aquinas Finance Committee (Secretary)—2000-2003 * Council of Certification of Volunteer Administration Executive Search Task Force - 2018 *NTEN Membership Committee—2017 * Note: Due to the fact that I worked at several organizations that supported multiple local nonprofits, our conflict of interest policy limited my ability to be involved with a large number of organizations. * Columnist for The JOLT News - 2021 Page 2 - Board of County Commissioners Citizen Advisory Boards and Commissions Application— Mary Beth Harrington Describe your qualifications and skills that would be of benefit. For 5 years, I was Director of Volunteers at the Dallas Public Library where I was responsible for recruiting and managing over 2500 volunteers serving 23 locations throughout the City of Dallas.The Director of Volunteers was one of two positions within the library system that had regular contact with every member of the staff which eventually placed me in the position of liaison between the staff and administration. In that capacity, I was able to hear both sides of many major decisions. Due to this position, my duties were expanded to being in charge of the bookstore, the annual Book Sale (a four-day event that covered several city blocks), the Gates Go Online grant, both public and staff continuing education and several all-day staff days. Later in my career, I was the Executive Director of the Austin Public Library Foundation (APLF) where among my other duties I was responsible for ensuring a successful bond election to pay for the construction of a new central library as well as the development and maintenance of the 11 other branches located throughout Austin. Following my tenure at APLF as Director of Agency Relations at the Texas Association of Nonprofit Organizations, I began presenting at the Texas Library Association's annual conference and continued to do so for the next dozen years. As currently an independent nonprofit consultant, I have facilitated board development and strategic planning sessions for dozens of library boards, Friends groups as well as continued to present for the Texas Library Association as well as the American Library Association. On a personal note, although I do not possess a Masters in Library Science, I have spent most of my adult life surrounded by librarians, discussing with them the issues facing their industry, helping them to see how those outside of their industry may not understand them and raising a daughter who eventually completed her Masters in Library Science and is currently serving as the Director of Library Services at the Wycombe Abbey International School in China List your educational background and area of study. 1986 Graduate of Benedictine College, Atchison, Kansas Bachelor of Arts degree, Communications Major, Political Science Minor 1995 Personal Media Training by Fairchild LeMaster Oppell 2001 Certified LeadershipPlenty Trainer 2012 Certified ToPs (Technology of Participation) Facilitator 2012 Certified CCAT (Core Capacity Assessment Tool) Facilitator 2013 Authorized Constant Contact Local Expert 2014 Certificate in Nonprofit Board Education from BoardSource 2014 Certification in Core Capacity Assessment Tool from TCC Group 2015 Certified Volunteer Administrator (CVA) from Council for Certification in Volunteer Administration 2015 Certificate in Disaster Volunteer Coordination from Points of Light 2015 Certification in Core Constant Contact 2016 Certified in TOP (Technology of Participation) Strategic Planning 2017 RY200 Yoga Trainer and Meditation Master 2020— Recertified Volunteer Administrator (CVA) from Council for Certification in Volunteer Administration 2020—Certified in Facilitating Effective Meetings by Dispute Resolution Center of Thurston County 2020—Certified in Digital Marketing and Fundraising by Nonprofit Tech for Good Page 3 - Board of County Commissioners Citizen Advisory Boards and Commissions Application— Mary Beth Harrington Signature: Date: 11-7-2021 Return completed form to Amy Davis, Clerk of the Board. amy.davis@co.thurston.wa.us Thurston County Commissioners Office 2000 Lakeridge Dr SW, Olympia, WA 98502 CO��'A A February 15, 2022 Cheryl Heywood,Executive Director Timberland Regional Library Administrative Service Center 415 Tumwater Blvd SW MASON COUNTY Tumwater,WA 98501 BOARD OF COMMISSIONERS Re: Concurrence with Thurston County's Appointment of Mary Beth Harrington to the Timberland Regional Library Board of Trustees 1ST District RANDY NEATHERLIN Dear Ms. Heywood, 2nd District The Board of Mason County Commissioners met and acted to concur with KEVIN SHUTTY the appointment of Mary Beth Harrington to the Timberland Regional Library Board of Trustees for a term that will expire December 31, 2023. 31d District SHARON TRASK Sincerely, Mason County Building 1 411 North Fifth Street Randy Neatherlin, Kevin Shutty, Sharon Trask, Commissioner Chair Commissioner Shelton, WA 98584-3400 (360)427-9670 ext.419 Fax(360)427-8437 I MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: February 15, 2022 Agenda Item # 8, to Commissioner staff to complete) BRIEFING DATE: 1/31/22 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the County Administrator to sign the Sandhill Park concession stand contract for 2022-2023 with the North Mason Little League Background: Sandhill Sport Complex concession stand contract between Mason County and North Mason Little League expired February 2020 and due to COVID, it was not extended. At the request of North Mason Little League, they wish to extend the contract through 2023. Budget Impacts: North Mason Little League will remit $900 to the County at the end of each season. RECOMMENDED ACTION: Approval for the County Administrator to sign the Sandhill Park concession stand contract for 2022-2023 with the North Mason Little League Attachment(s): North Mason Little League contract Mason County and North Mason Little League SERVICE CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY" and North Mason Little League, referred to as "CONTRACTOR"collectively referred to as "parties." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Food and beverage concessions at Sandhill County Park; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW,THEREFORE,for and in consideration of the CONTRACT made the parties agree to the following: Special Conditions Concession Site: CONTRACTOR will operate and manage the COUNTY provided concession stand at Sandhill County Park. CONTRACTOR will not make any alterations, additions or improvements to the site without prior approval from the Parks and Trails Manager or designee. Concessions by Contract: Through this CONTRACT COUNTY grants concessions by contract, not lease. CONTRACTOR understands that concession contracts only confer permission to occupy and use the premises for concession purposes. Compliance: 1, CONTRACTOR shall comply with and perform the services in accordance with all applicable Federal, State, and County laws including, without limitation, ail codes, ordinances, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: Federal, State, and local health, safety and licensing laws relating to the sale of concession goods; County codes. 2. CONTRACTOR is solely responsible for collecting and remitting sales tax and all other applicable governmental charges as required by the Washington State Department of Revenue (DOR) or other state or County agencies. Vendors will be solely responsible for remitting Leasehold excise Tax payments to the DOR. 3. CONTRACTOR may not sell,transfer or give the concession rights to anyone else without prior written approval from COUNTY. 4. CONTRACTOR agrees to allow and cooperate with any inspections by COUNTY prior to, during the season, at the conclusion of seasonal operations and other times as requested. 5. Concessions area is for concessions sales only and is not to be used for storage of items otherthan what is necessary for concession operations. 6. CONTRACTOR will comply with all Mason County Department of Public Health requirements for food and beverage concession services and food handling. 1 Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf Service Provision: CONTRACTOR will provide services at regularly scheduled games, tournaments, special events and daily activities as mutually agreed with COUNTY, This CONTRACT does not grant exclusive rights to distribute services or products at the parks. As determined by COUNTY additional vendors may be contracted to provide food, beverage and other services during tournaments and/or special events as required to meet the needs of participants. COUNTY may elect to give CONTRACTOR the right of first refusal to provide the additional services. Compensation: CONTRACTOR will remit$900.00 to COUNTY at the end of the recreational season. Customer Service: CONTRACTOR will ensure that its volunteers, agents or representatives provide quality customer service and treat all customers with courtesy and respect, Employee Appearance: CONTRACTOR will ensure that volunteers are appropriately dressed and appear neat and sanitary. Staffing: CONTRACTOR will ensure that the concession services is adequately staffed preventing undue delays to the public in the form of long and/or slow-moving service lines. Menu and Pricing: COUNTY reserves the right to request menu and/or pricing changes including but not limited to: adding items, limiting items, removing items. Removal of Equipment: CONTRACTOR will remove its equipment and supplies from the concession stand at the end of the recreational season or upon notification from COUNTY due to contract termination. Maintenance: CONTRACTOR at its sole cost and expense shall maintain the concession stand, equipment and concession site including maintaining a clean and sanitary appearance. Signs: CONTRACTOR will not place signs other than on the concession stand or food truck without the prior approval of the Parks and Trails Manager or designee. General Conditions Term: The performance period for this CONTRACT is the 2022 and 2023 recreational season. The COUNTY reserves the option, at COUNTY's sole discretion, to extend this contract for up to three additional years. Independent Contractor: CONTRACTOR's services shall be fumished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. 2 Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare),All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with ROW 39.12,040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: No portion of this CONTRACT may be assigned or subcontracted to any other individual or entity without the express and prior written approval of COUNTY. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 31Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an Individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six(6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments,Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY.A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT,whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 4JPage J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf Defense and Indemnity Contract: 1. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the Foss of use resulting therefrom)which 1)are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or C,ONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or Indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY, This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY, This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties, 2. Participation by County—No Waiver, COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT, 3. Survival of CONTRACTOR's Indemnity Obligations, CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. 4. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County, CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Mason County Facilities, Parks and Trails Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Diane Zoren Central Services Manager 411 North 5il' Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 747 E-mail: dlz(c�masoncountywa.gov _._....... 5 Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NN LL for Sandhill.rtf CONTRACTOR's Primary Contact's Information: Meghan Lucas North Mason Little League, P. 0. Box 1739 Belfair, WA 98528 Phone: 360-463-1232 E-mail: northmasonll.president()gmail.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT.Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY'S option, obtain performance of the work elsewhere. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in Its sole discretion, that such termination is in the interests of COUNTY. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Disputes: Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or _ ...... _...__. 6 1 P a g e J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable, Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior pr subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Exhibit A Insurance Requirements C. Special Conditions D. General Condition .............. 71Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. NORTH MASON LITTLE LEAGUE BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Mark Neary,County Administrator Dated: Dated: APPROVED AS TO FORM Tim h ehead, PA 8JPage J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf EXHIBIT A INSURANCE REQUIREBIENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CO 00 011 with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers'Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $11000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than$11000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance(Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B.Certficate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CO 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 9 Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement N ILL for Sandhill.rtf 4.All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent, 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7, CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR,which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions, 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9, The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:Vil. 10 Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf 13, All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 16. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change, If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT, COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 11 I Page J:\DLZ\Ross\Parks\Fees-Field Use Policy\2022-2023 Vendor Agreement NMLL for Sandhill.rtf MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Nichole Wilston Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 643 COMMISSION MEETING DATE: 2/15/2022 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: 2/7/2022 BRIEFING PRESENTED BY: Nichole Wilston [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 06-19 designating the appointing Officers from Mason County for the Washington Counties Risk Pool. Background: The Washington Counties Risk Pool's Interlocal Agreement, Bylaws, and Policies of its Board of Directors require appointees and/or designees from each member county be acknowledged through a Resolution. RECOMMENDED ACTION: Approval to amend Resolution 06-19 designating the appointing Officers from Mason County for the Washington Counties Risk Pool. Attachment: Resolution on file with Clerk of the Board RESOLUTION No. AMENDS RESOLUTION 06-19 IN THE MATTER OF CONTINUING RELATIONSHIPS WITH THE WASHINGTON COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS OF/FOR EACH MEMBER COUNTY. WHEREAS, several Washington counties agreed to the creation of the Washington Counties Risk Pool ('Pool'), organized and operating under Chapters 48.62 and 39.34 RCW, to provide to its member counties programs of joint self-insurance, joint purchasing of insurance, and joint contracting for or hiring of personnel to provide risk management, claims handling, and adminis- trative services; and WHEREAS, the Pool's Interlocal Agreement and Bylaws, and policies of its Board of Directors require appointees and/or designees from each member county; that is: a) Director / Alternate Director — officers or employees of each Pool member county that are appointed by and serve at the pleasure of the respective county's legislative authority (Article 8 of the Interlocal Agreement and Article 2 of the Bylaws); b) County Risk Manager— an employee of each Pool member county appointed to serve as a liaison between the County and the Pool as to risk management and who is responsible for the risk management function within the County (Article 11(b) of the Interlocal Agreement); c) County Safety Officer— an active employee designated by each Pool member county who, along with a related committee, are maintained to consider all recommendations concerning the development and implementation of a loss control policy to prevent unsafe practices (Article 11(c) of the Interlocal Agreement); and d) County Claims Administrator — each Pool member county's must designate someone to administer civil claims, with whom incidents should be immediately reported to, who is responsible for sending all claims and lawsuits and reporting various known incidents to the Pool, and with whom the Pool will coordinate the County's clams administration (section B of the Pool Board of Directors'Claims Handling Policies and Procedures); NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for Mason County hereby confirms the appointment or designation of the following individuals for the applicable and required relationships with the Washington Counties Risk Pool: Mason County, Washington RESOLUTION Page 2 of 2 WCRP Name County Email Telephone # Relationship Position Director: Randy Commissioner randyn@masoncountywa. 360-427-9670 Neatherlin gov ext 419 Alternate Sharon Trask Commissioner strask@ 360-427-9670 Director: masoncountywa.gov ext 419 Alternate Kevin Shutty Commissioner kshutty 360-427-9670 Director: masoncountywa.gov ext 419 Alternate Nichole Wilston Risk& Safety nwilston@ 360-427-9670 Director: Compliance masoncountywa.gov ext 643 Manager Risk Nichole Wilston Risk & Safety nwilston@ 360-427-9670 Manager/Claims Compliance masoncountywa.gov ext 643 Administrator: Manager Safety Officer: Kelly Frazier Facilities kellyf@ 360-427-9670 Manager masoncountywa.gov ext 519 Prosecuting Michael Dorcy Prosecutor michaed@ 360-427-9670 Attorney: masoncountywa.gov ext 417 (Civil) Deputy Tim Whitehead Chief Deputy timw@ 360-427-9670 Prosecuting A Prosecuting Atty masoncountywa.gov ext 417 BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and shall supersede any prior conflicting action(s); and BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this resolution, once completed, to the attention of Executive Director Derek Bryan at the Washington Counties Risk Pool, 2558 RW Johnson Rd. S.W., Suite 106, Tumwater, WA 98512- 6103. PASSED this day of 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim White lef Deputy Prosecuting Randy Neatherlin, Commissioner Attorney K:\Resolutions\Risk\Resolution for WA Counties Risk Pool Designation 2.7.2022.docx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 2/15/222 Agenda Item # �. Commissioner staff to complete) BRIEFING DATE: 12/13/2021 & 1/31/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Chapter 6.32 Preliminary Platting Standards Background: Set public hearing date for March 15th, 2022 to consider amendments to Chapter 6.32 Preliminary Platting Standards. See attached staff report Budget Impacts: None RECOMMENDED ACTION: Approval to set public hearing date for March 15th Attachment(s): Notice of Public Hearing, Staff report, Draft code updates NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on MARCH 15th,2022 at 9:00 am. SAID HEARING will be to take public comment on and consider adoption of proposed amendments to Mason County Code Title 6, Chapter 6.32 Preliminary Platting Standards. Pursuant to Proclamation by the Governor 20-28.15, 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 htti)s://www.masoncountywa.gov to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith(&masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners'office, Shelton (360)427- 9670 or Belfair(360)275-4467, ext. 419. DATED this 15th day of February 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Community Services 415 N. 6th Street Shelton, WA 98584 Cc: Commissioners Shelton Journal: Pub], 2t: February 241h & March 3rd To: Mason County Board of County Commissioners From: Alex Paysse, Environmental Health Manager Date: January 31st, 2022 Item. Updates to Mason County Code Chapter 6.32 Preliminary Platting Standards See attached draft changes. Background RCW 70.05.060 directs the local board of health to enact local rules and regulations as are necessary in order to preserve, promote, and improve public health and provide for the enforcement thereof. Chapter 6.32 addresses health requirements related to plats and subdivisions of property. The chapter ensures new lots are properly sized and divided to allow for proper sewage disposal and safe drinking water. This chapter was last amended in 1980 (40+ years). Staff has found a lack of information and alignment with current codes, regulations, and current policies. Proposed draft eliminates code conflicts and provides clarity to applicants on what will be required for health approval. Summary of changes 6.32.010 Purpose. • Small language updates and added references to related county and state codes 6.32.020 Definitions. • Adopts definitions in county and state code sections. • Removes definitions that are already defined in other adopted code sections to avoid conflicts. 6.32.030 Information required. • Relabel as "general requirements" • Adopts state code requirements related to onsite sewage systems WAC246-272A-0320 • Clarifies administrative requirements such as forms and fees • Adds supporting language for additional information when plats or subdivision involve an existing onsite sewage system, aligning with current practice and related codes. • Reformats some of the existing requirements 6.32.040 Filing fee schedule • Retires section, references to current EH fee schedule were added to section 030. 6.32.050 Minimum Lot Size for Subdivision • Removes most of the language and references back to state code minimum lot sizes WAC 246-272A-0320(2). 6.32.060 Public Water Supply 0 Adds reference to appropriate state code requirements related to Public Water Systems. 6.32.070 Individual lot wells • Clarifies section heading and purpose • Adds section b) which highlights WAC 246-272A-320(2)(b)(i) 6.32.080 Waiver of Regulations • Small format changes. • Adds reference to review fees for waiver submittals 6.32.090 Appeals. • Adds section to support appeals, aligning with other Title 6 chapters. Recommendations Review and discussion of proposed amendments to Chapter 6.32. BOH has already approved proposed changes pending hearing by BOCC. Staff recommends approval by BOCC to set a public hearing for March 151n Briefing with BOCC Dec. 13th, 2021, DONE Review& approval by BOH Jan. 25th, 2022, DONE Review by BOCC to set Public Hearing January 31st, 2022 Approval by BOCC to set Public Hearing February 151h, 2022 Public Hearing and Adoption March 15th, 2022 Effective Date Aril 111, 2022 Title 6-SANITARY CODE Chapter 6.32 PRELIMINARY PLATTING STANDARDS Chapter 6.32 PRE PAINnnv of n=inir_ PLAT AND SUBDIVISION HEALTH STANDARDS 6.32.010 Purpose. The purpose of this chapter is to: (a) Complement the Mason County platting ordinance and Title 16—Plats and Subdivisions; (b) Provide standards by which the county health officer can evaluate preliminary plats,final plats,Short Plats, Large Lot Subdivisions and any other subdivision applications; (c) Comply with`"'^�96246-272A WAC,246-290 WAC,246-291 WAC,and applicable Title 6 chapters related to drinking water and sewage disposal;and (d) Protect the public health. (Res. 1162(part), 1980:Art.VIII (part)of Res.dated July, 1970 and amended November 5, 1970). 6.32.020 Definitions. The definitions outlined in 246-272A WAC,246-290 WAC,246-291 WAC,Chapter 6.76—On-Site Sewage Regulations,and Chapter 16.08—Plats and Subdivisions are hereby adopted and incorporated by reference. In addition,the following definitions shall also apply. (a) 'Board"shall mean the Mason County Board of Health"On site sewage dispes^I s,steffl"Fneans any stem ,stem 7 et eenneeted to a u blie seweF ,stem (b) "Department"shall mean the Mason County Community Services, Public Health division. (c) "Director"shall mean the Mason County Community Services Director. (d) "Health Officer"shall mean the Mason County Health Officer or a member of the department authorized by and under the direct supervision of the Mason County Health Officer. "Publicsupplies"Fneans any systern of water supply intended 9F used feF hurnan consumptien nr nthpr h,-man G0Ar,-1FRPti9R 9F demestie use, but exekldiRg WateF SUPPlieS seFying ene single family FesideFIGe. n n means the seEFetaFy ef the state dep@FtMeRt Of SR-6-4@1-and- Health SeFVffiEes E;r hi,; ;;-qhAr*7 f-effesentative. (e) "Subdivisien" means a divisien ef land,as defined in RGW GhapteF 58.17, new eF as heFeafteF amended-. Mason County,Washington,Code of Ordinances Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 1 of 6 iineluding , (Res. 1162(part), 1980:Art.VIII§ 1 of Res.dated July, 1970 and amended November 5, 1970). 6.32.030 General Requirements. (a) WAC 246-272A-0320"Developments,subdivisions,and minimum land area requirements"are adopted and incorporated by reference to subdivision applications proposing the use of an Onsite Sewage System. (b) An application for Environmental Health review of Land Use shall be submitted upon application using the form prescribed by the health officer. (c) Permit or review fees shall be charged according to the Mason County Environmental Health Fee Schedule. (da) Preliminary Plat,Short Plats, Large Lot Subdivisions,or other division of land.. (1) A topographical map shall be the pFeli inaF•plat dFawing showing contours as specified by the health officer but shall be at least five-foot contours to be extended at least one hundred feet beyond the boundaries of the proposed subdivision unless specifically waived by the health officer in ceeFdonatien with the e9unt 4pnj4gor director. (2) A minimum of one representative soil log and percolation test per acre or tract larger than one acre shall be submitted. If a sufficient amount of information is not available on water table conditions,the health officer can require a winter observation be completed during the months of suspected high water table conditions. All test holes shall be made available for the health officer's inspection and constructed according to the Mason County On-Site Standards. (3) All surface water and wells drinking water wells and springs located in or within one hundred feet of the subdivision shall be shown. (4) Where existing On-Site Sewage Systems exist within project boundaries; (A) All On-Site Sewage System components shall be located according to respective record drawings and county records. (B) When no record drawings exist, proof of component locations may be required by the health officer or director. (C) Proof of adequate reserve area(s)as required in 246-272A WAC (D) Proof of satisfactory maintenance requirements as outlined in 246-272A WAC and Chapter 6.76— On-Site Sewage Regulations. (E) An easement or covenant may be required if existing sewage components are severed or separated by any proposed lot lines to ensure future operation and maintenance of said components according to 246-272A WAC. (5) When a Community Drainfield,as defined in Chapter 6.76—Onsite Sewage Regulations,is proposed; the system shall be completed prior to recording of the subdivision or a performance bond or moneys on deposit shall be required in the same manner as required for water systems in subsections(d)and (e)of Section 6.32.060 except the estimates shall be submitted by a licensed professional engineer, licensed designer,or registered sanitarian. (6) When service by a Public Sewer System is proposed,a completed sewer adequacy form signed by the system manager shall be provided, prior to plat approval and filing, as evidence that sewer disposal is available to each lot proposed. Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 2 of 6 (eb) Final Plat. (1) Evidence shall be submitted that all requirements of preliminary plat approval have been met. (e) Shrrvr Plar*T (1) A MiRifflUFF1 ef ene representative see! leg and pe%Olatiien test per aGFe or per tract fE)F tracts larger than e -Feshall be subri-.ittn.d (2) All surface water and wells laeated in eF Within One hundred feet ef the subdivisien shall be shewn. (.d) All n elatien tnrtr and 5001 logs shall be peFf,,...,.,.d b er underthe rdiFe Ct 5Upervisien of a registern.d (e) if a sufficient arne-unt of infewmatiOR is not available en vwateer table canditiens,the health effice, re- that peFeelatien tests and sea! legs be conducted dUFing the months ef suspeaed high water tab�-- cenditiORS.. Evalwatien(f) All soil tests shall be cenducted in aeEeFdanEe with the Department of SeElal angi Hp-alth SelcviEe "Interim Semi except that all seii shall be te a peiRt three feet belel.v the bette-R;ef pFeposed abS ntieR tr .,ehs. ' (g) All seil leg heles shall be Friade available for the health effic-e-F'S inspectien.The health officer sh;;" hp rintifit-d when the he'es have been prepared and shall make the inspection within ene v4eek A-f SUE-h Ratifieatien.Thew (h) When a sewage systern utilized by twe or Fnere lets is pFepesed,the soil testing requiinerneritS 5hall be as subdiwisieR Ar peFfeFwance bend OF meneys on deposit shall be required in the same manner for water systems On subsectiens(d)and (e)ef Seetion 6-32.0-60 except the estimates shall be submitted by a licensed pi:efessi rial engineer, licensed .designer, n registered sanitarian. (Res. 1162(part), 1980:Art. VIII of Res. dated July, 1970 and amended November 5, 1970). 6.32.040 Filing foe «hea-WeaRetired. (a) A plat with individual let sewage systern-s e-F individual lat wells, OF,with beth RS OR eaEh lot shall &ubrnit a filing fee ef one dellar per let feF each pl-at er Subdivision ef a plat sub.m.i4ed -at the time ef submitting the engineering report feFFns and Friaps.A minirrium fee ef twenty five dellaFS shall be su-bMitt feF any GRe plat,additierial division ef a plat or Felsilat with individual let installatiens. (b) A plat te be served by a publie sewage works and publiE water supply shall submit a FninirHEIM filing fee ef (E) A short pint fee of fifty.dellaFs shall be required. (Res. 1162(part), 1980:Art.Vill§3 ef Res. dated july, 197-0 and afflended Nevel`nbeF 5, I97G)-- 6.32.050 Minimum Llot Ssize . Minimum lot size requirements shall conform to 246-272A-0320 WAC utilizing method one or method two as outlined in state code.-One of the fel'ewano Frietheds Shall be Elsed fer deteFMiRiRg lot sizes when en site sewage dispesal is used--. (-,1 t TAT Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21, Update 1) Page 3 of 6 4 -2 -3 4 -5 b P+ibF6 inn . F+ 4�-A9E�s #t 1 Q nnn . Ft 2n nnn s ft _ rrc�vv-�-.'r. , zo�vw-�T ro�vw-�T 1 acFe 1 aGFe 1 aeFe acFe - t Type Seil T e Rate GeneFal Seel Pe E45&&eatiee cxcessoye Less than 1 C_ 2 Geed 1 A ., ..tes/•.,,-h Sandy sail,seme leam, &&mT -3 .,, ..tes/inch 46 � �AeFg+Fla-I �S ,D .... ..t„r/•..,.h �+4�-eF-Ey+} GUFA PT ''`` ^b'^, r , 4"13&R #* Methed 1 shall not be used iin subdivisie-Ins;.A.4h 1py;than f9UF feet ef peFmeable soil OF ffeateF than fifteen peFeent shews signifie-ant effeets GR ffGuRdwateF qUality Will A9t 96GUF; heweveF,in ne ease shall the Fedueed size (b) Methed(2).On site sewage dispesal systems shall be installed 8R letS, PaFeels,eF tFaets that h;;;,p established by the health e4ker en the hasis A-f inferm.atien 5wbmitted. Faeters;that must-he (1) Sei;type and depth; r —AFead,Fainage let dFainage, (3) Preteetier+ef sur#ese and gFeund wate,=r (5) SeuFse ef dem@stie water; Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 4 of 6 (7) Clilf?atk c9nditd9nrr,• (8) Availability of publie (9) ActHH ty-OF land use,,pFesent and anticipated; (11) In.di.,i.d -.I and acEumulated gFess effeets an ate GiUa4t.-, i (13) Antieipatn.d sewage volume. utility,(e) Method(3).if the lot 9F lets aFe within the jUFisdirztien ef an appFeved SeweF utility which will pFevide_ sizes 5hall be established jeintly between the seweF the lecal health, ..t.. blin d(s.dn rtm ntri d n nthe plicable In al a I (Res. 1162(part), 1980:Art.VIII§4 of Res. dated July, 1970 and amended November 5, 1970). 6.32.060 Public water supply. This section applies to proposed plats or short plats that require public water supplies as determined in Section c 32 050246-272A-0320 WAC. (a) All public water supply systems shall comply with`"�^�54246-290 WAC and 246-291 WAC. (b) All potable water sources shall be developed,tested for quality and quantity,and available to the plat or short plat prior to the approval and filing of the plat or short plat. (c) All public water supply systems shall be installed or bonded for completion prior to the approval and filing of the plat or short plat. (d) A performance bond shall be provided in favor of the county health department as an alternate to complete installation of a public water supply prior to approval and filing of the final plat or issue of the site approval for short plat.Any such bond shall guarantee that construction will be completed within one year of final plat approval.The bond shall be from a reputable bonding company,on a satisfactory form and in an amount based on an estimate prepared by a licensed professional engineer for class 1, 2,and 3 water systems and by the installer for class 4 water systems plus thirty-five percent.All of the above shall be to the satisfaction of the department of Social and Health Services,the health officer and legal counsel for the health department.As a condition precedent to acceptance of a bond,the water source shall be provided, proven and approved;the water source shall also be tested bacteriologically and chemically. (e) Preliminary to bonding an itemized list of materials shall be submitted with the water system plans to the Department of Social and Health Services or local health department, as appropriate. (f) Moneys on deposit for completion of the water system may be provided in lieu of a bond if confirmed in writing by a reputable financing firm to the satisfaction of the health officer and legal counsel for the health department. (g) Completion of the water system(including availability of water to each lot)shall be provided within one year after final recording of the plat. (Res. 1162(part), 1980:Art.VIII§5 of Res.dated July, 1970 and amended November 5, 1980). Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 5 of 6 6.32.070 Individual Ie#uFeliJssources. This section applies to proposed plats or short plats that allow an individual water source or well as determined by 246-272A-0320 WAC. Te Meel-l-e standaFd ef the ehapteF the Af R uladivisien with !aFgeF lets with a well f9F Eeach individual lot must designate on the final recorded document the general location of each water source or well and septie tank systefoa one hundred-foot radius water supply protection zone..- a}b)Configuration of each lot shall allow a one hundred-foot radius water supply protection zone to fit within the lot lines;or establishment of a one hundred-foot protection zone around each existing and proposed well site per 246-272A-320 WAC. (Res. 1162(part), 1980:Art. VIII§6 of Res.dated July, 1980 and amended November 5, 1980). 6.32.080 Waivers of Fegulatio . (a) Review for subdivisions served by existing sewage systems and water systems may be waived by the health officer. (b) Whenever a strict interpretation of these regulations would result in extreme hardship,the health officer may waive such regulation or portion thereof; provided,that the waiver is consistent with the intent of these regulations and that no public health hazard will result.These Rr-egulations adopted in compliance with WAC 24,8s96 246-272A WAC will also require the concurrence of the 5effetap�Washington State Department of Health. (c) A review fee shall be required according to the Mason County Environmental Health Fee Schedule. (Res. 1162(part), 1980:Art.VIII§7 of Res.dated July, 1970 and amended November 5, 1970). 6.32.090 Appeals. (a) Decisions of the director may be appealed to the health officer. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be schedule with the health officer to be held within thirty days of said decision being appealed. (b) Determinations of the health officer may be appealed to the hearings examiner. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be schedule with the health officer to be held within thirty days of said decision being appealed. (c) Departmental orders and determinations shall be staved for the period the appeal is pending,provided no public health hazard results from said stay. Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 6 of 6 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: February 15, 2022 Agenda Item # 6.9 Commissioner staff to complete) BRIEFING DATE: February 7, 2022 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: MCSO Request for a Community Service Officer FTE position for the North Precinct in Belfair Background: The Sheriffs North End office in Belfair has been running with volunteers since its inception. The pool of volunteers is shrinking which is making it more difficult to keep that office open to serve the north end constituents. The Sheriff's Office requested this position during the 2022 budget process and briefed the Board again for this request in January of 2022. They would like to recruit and hire for someone to field customer questions as well as assist deputies and volunteers in routine tasks. Human Resources has reviewed the job description and the Budget Office has provided the cost range for 9 months of 2022 and a full year for 2023 for this position. If approved, this position could be filled before the first budget amendment hearing in June of 2022 since the MCSO would have available budget capacity. Recommended Action: Approval from the Board to advertise and hire for a Community Service Officer FTE position for the North Precinct in Belfair for a 2022 approximate budget impact of $53k. Attachment: Budget Office Estimated Position cost range for 2022 and 2023 CSO Job Description J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2022\Action Agenda 2.15.2022-CSO Position for Belfair Precinct.doc Department: Sheriff Bargaining Unit: Jail &Support Staff Position Title: Community Service Officer *Estimates Based on current 2019-2021 Union Contract 2022 Budget 2022 Budget 2022 Budget Impact-9 Impact-9 Impact-9 2023 Budget 2023 Budget 2023 Budget months at months at months at Impact- Impact- Impact- Step 1 Step 4 Step 7 (top) Step 2 Step 5 Step 7 (top) Monthly Salary- Range 9 $ 27,535 $ 31,975 $ 36,642 $ 38,702 $ 44,678 $ 48,855 Total Salaries &Wages: $ 27,535 $ 31,975 $ 36,642 $ 38,702 $ 44,678 $ 48,855 FICA $ 2,106 $ 2,446 $ 2,803 $ 2,961 $ 3,418 $ 3,737 PERS $ 2,822 $ 3,277 $ 3,756 $ 3,967 $ 4,580 $ 5,008 WA Paid FMLA $ 40 $ 47 $ 54 $ 57 $ 66 $ 72 Industrial Insurance (rate/hr) $ 2,029 $ 2,029 $ 2,029 $ 2,705 $ 2,705 $ 2,705 Medical (Monthly) $ 12,276 $ 12,276 $ 12,276 $ 16,368 $ 16,368 $ 16,368 Uniform $ 900 $ 900 $ 900 $ 900 $ 900 $ 900 Unemployment (Annual) $ 200 $ 200 $ 200 Estimated Info Tech. Charge: $ 2,500 $ 2,500 $ 2,500 Total Benefits: $ 20,174 $ 20,975 $ 21,817 $ 29,657 $ 30,736 $ 31,490 Total Salary&Benefits Budget Impacts: $ 47,709 $ 52,950 $ 58,459 $ 68,359 $ 75,414 $ 80,345 co MASON COUNTY CIVIL SERVICE COMMISSION = Y POSITION DESCRIPTION Title: Community Service Officer Department: Sheriff's Office Affiliation: IWA Reports to: Division Chief or Designee Salary Range: According to the current signed Supervises/Directs: None labor contract Risk Class: 1501-00 Job Class: 3017 Exempt_ Non Exempt X Civil Service Commission Approval Date: Elected Official/Human Resources Approval 2/21/2019 Date: 2/21/2019 GENERAL DESCRIPTION An incumbent in this entry-level position performs a variety of basic non-enforcement tasks such as service of civil process subpoenas, crime prevention duties, alternative sentencing programs and other non-enforcement duties as required. Work is performed independently, but may be reviewed for thoroughness, accuracy, and conformance to established policies and procedures. Incumbents must possess ability to use sound, independent judgment. This classification specification reflects the general concept and intent of the classification and should not be construed as a detailed statement of all the work requirements that may be inherent in the position. ESSENTIAL JOB FUNCTIONS- (any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Prepares, processes, and files items for record management, property room and evidence systems. Serves civil process subpoenas. Communicates clearly and effectively by phone, radio and in person with people from all racial, ethnic and economic backgrounds. Participates in the establishment of and maintains procedures pertaining to the operations of the section. Testifies in court. Performs crime prevention and other non-enforcement duties. Operates calculators, computers, and other specialized equipment as required by the duties of the position. Performs field compliance checks on Alternative Sentencing participants. Conducts application interviews. Supervises community inmate labor programs. Attends training and obtains required certifications as directed. Regular, reliable and punctual attendance. Est.01,20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 Performs all jail control room functions. Perform the physical requirements of the position; work within the established working conditions of the position. DISTINGUISHING FEATURES • Incumbents are expected to understand the principles and practices of law enforcement work. • Possess knowledge of applicable sections of the Washington State Law. • Incumbents are expected to quickly and objectively recognize actual and potential problems and determine proper courses of action. • Incumbents are expected to function with considerable independence and have latitude in exercising independent judgment within the framework of existing policies and procedures. • Work is performed under general supervision and is reviewed periodically for adequacy and accuracy of records, reports, and functions. WORKING CONDITIONS Work is performed both indoors or outdoors dependent on position. Lifting of records, reports, tools and equipment may be required, usually not in excess of 50 pounds. May be required to deliver items and operate county vehicles. Physical hazards may occur occasionally when dealing with hostile clients. QUALIFICATIONS • Must be at least 21 years of age at time of appointment. • Must possess a valid Washington State Driver's License. • Pursuant to RCW 41.14.100, must be a US citizen and be able to read and write the English language. • Must possess a high school diploma or GED. • Acceptable scores on Civil Service examinations. • Ability to pass a background investigation which includes a polygraph exam and/or behavioral assessments. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment&Discrimination—Annually Blood Bourne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100.c and 700.b All employee's-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 Est.01.20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 Additional job specific trainings may be issued at a later date. Civil Service Commission Signature of Approval: Date: Z A Date: z L� Date: -- EleM cted Official /Hu n Resources Signature of Approval: Y- TIN ,-�.-1 Date: 2 02 I c I have read and understand the above position description: Employee Name: Date: Employee Signature: Est.01.20.2011/Rev 1-02.16.2017/Rev 2-2.21.2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Deb Gould Action Agenda X Public Hearing Other DEPARTMENT: Human Resources EXT: 422 COMMISSION MEETING DATE: February 15, 2022 Agenda Item # 8.io Commissioner staff to complete) BRIEFING DATE: 2/07/2022 BRIEFING PRESENTED BY: Deb Gould [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Action Agenda for Nichole Wilston, Risk and Safety Compliance Manager, to continue to receive 10% out of class pay to end on March 1, 2022. Background: An employee who has been assigned to perform all of the significant duties of a higher level job classification, due to the absence of the employee who normally holds that position, and who performs such duties for five (5) or more consecutive days, shall be compensated on that step of the salary range of the higher job class that provides at least a five (5) percent increase over their (the employee working out of class) current rate of pay. RECOMMENDED ACTION: Approve 10% lead pay for Nichole Wilston to continue through the month of February and ending on March 1, 2022. Attachments: Special Pay Form, current position description and Director position description. K:\CMMR Cover Sheets\2022\Agenda Cvr- Lead Pay for Nichole Wilston - 20220215.docx TEMPORARILY WORKING IN A HIGHER CLASS/ OUT OF CLASS/LEAD PAY - REQUEST FORM ®Out of Class Pay C1Lead Pay ❑ Working in a Higher Class All out of class, lead, or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners, prior to the assignment of additional duties. Employee Name:Nlchole Wilston Employee Job Title:Risk & Safety Compliance Manager Department:HR Please insert the lead, out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: N/A What specific job duties this employee will be performing outside of their current position description and for how long: Working with the new Human Resources Director handling employee investigations, grievances, collective bargaining and personnel issues. Attached is the position description of the Human Resources Director and Nichole's current position description. Effective Date: 1/18/2022 End Date:3/1/2022 *Attach a copy of the employee's current position description* Manager/Supervisor of Department Signature: _ Date: Department Head/Elected Official Signature: Date: Z [,?Iz-2-- �OJti �M i.� is I� ic-e-s Pifo6Wr Signature: Date: ? -Z It BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll Hrinted From Mason County DMS Printed from Mason County DMS .4 cuL"rF POSITION DESCRIPTION -1 Title: Risk and Safety Compliance Manager Department: Support Services Affiliation: Non Represented Reports to: Human Resources Manager Exempt: X Non-Exempt: Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current Non- Reprresented salary scale Director Approval Date: Manager Approval Date: GENERAL DESCRIPTION: Represents the County as Risk Manager and Loss Control Coordinator as required by Washington Counties Risk Pool. Develops and administers tracking systems to ensure proper evaluation, control, and documentation of liability and insurance claims. Reviews claims and incident reports to assess liability and minimize exposure to accidents and injuries. Reviews County compliance with all state and federal regulations associated with worker health and safety issues. ESSENTIAL JOB FUNCTIONS: (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.) Represents the County as Risk Manager and Loss Control Coordinator as required by Washington Counties Risk Pool. Develops and administers tracking systems to ensure proper evaluation, control, and documentation of liability and insurance claims. Reviews claims and incident reports to assess liability and minimize exposure to accidents and injuries. Reviews County compliance with all state and federal regulations associated with worker health and safety issues. Administers tracks and processes renewal of all insurance policies. Serves as county contact regarding all property and liability insurance issues. Assists departments, adjusters, and insurance companies with the County filing claims against insurance policies. Maintains and monitors all documentation required by the Risk Pool. Assists as Claims Administrator with claims and lawsuits as needed and required. Ability to provide onsite safety trainings, as required for Labor and Industries, to reduce the cost of outside professional service costs to the County. (First Aid, CPR, BBP, FIT Tests, etc.) Responsible to implement and maintain RiskMaster database and to electronically file claims against Mason County as required by Mason County's Compact with the Washington Counties Risk Pool. Assists in the development & implementation of county safety policies & procedures. Coordinates and/or conducts employee training as required by safety policies & procedures. Ensures the maintenance of safety training records. Reviews & investigates employee incident reports to ensure a safe workplace. Coordinates follow-up action if requested and/or needed. Provides oversight of county safety committees to ensure they comply with OSHA and WISHA regulations. Investigates and follows up on suggestions/inspections of safety committees as needed. Provides analysis of workers compensation claims and employee safety issues for these meetings. Est. 7.2017/Rev 1-10.2017(format)/Rev2-2.2020(format) printed rotes mason County LAV1.1 Printed from Mason County DMS Works closely Human Resources in order to obtain the county's L&I incidents/accidents information to generate reports for safety committee meetings, prepare annual OSHA 300A reporting and posting requirements. Assist with return to work accommodations as needed. Ensures policies and procedures are reviewed, recommendations are brought forward and implemented properly. OTHER JOB FUNCTIONS: Remains current on legislation, legal requirements and ordinances affecting unit operations and advises the Commissioners of any applicable changes in legally required policies and/or procedures. Performs other related duties as assigned. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 50 pounds. Requires travel three times per year and occasional site visits to county facilities. Some field work may be required to perform safety and/or claim related inspections. Position requires mental acuity to ensure thorough analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the department. May be required to deal with shifting or conflicting priorities, interests and difficult situations requiring the use of conflict management and facilitations skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. QUALIFICATIONS: Knowledge of - State, federal, and local laws and regulations relating to public accounting and risk management programs. - Risk management theories and principles. - Management and supervisory principles and practices. Ability to - Plan, organize and oversee assigned work programs. - Develop program goals and objectives. - Analyze and evaluate workplace safety issues, develop and implement corrective actions. - Establish and maintain effective working relationships with employees, County Departments, committees, other agencies and the public. - Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. - Maintain the confidentiality of sensitive and confidential information. - Develop, coordinate and implement onsite regulatory training programs (i.e., CPR/First Aid). - Physical ability to perform the essential functions of the job. 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. A typical way to obtain the knowledge and abilities would be: Bachelor's degree in risk management, emergency management, human resources, or related discipline and at least five years of applicable experience in a Risk Management discipline, emergency training or supervisory position. Prior experience is preferred. Est.7.2017/Rev 1-10.2017(format)/Rev2-2.2020(format) Printed From Mason County CAM%c Printed from Mason County DMS LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Certification requirements for Claims Management as required by the Washington Counties Risk Pool shall be obtained within 6 months of employment. Certification requirements for Risk Manager as required by the Washington Counties Risk Pool shall be obtained within 2 years of employment. A valid driver's license is required for this position. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —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. Director Signature of Approval: Date: Manager Signature of Approval: Date: 1 have read and understand the above position description: Name: Date: Signature: Est. 7.2017/Rev 1-10.2017(format)/Rev2-2.2020(format) 1--1 if-aeo I-rorn Mason Gounty LA AS Printed from Mason County DMS } POSITION DESCRIPTION Y Title: Department: Human Resources Director Human Resources/Risk Management Affiliation: Non-Union Reports to: County Administrator Exempt: X Non-Exempt: Supervises/Directs: Risk & Safety Compliance Manager. Personnel Analyst, BOE/Civil Service Administrative Clerk, Personnel & Risk Analyst Job Class: Risk Class: Salary Range: 5306 JOB SUMMARY: Provides planning, leadership, direction and develops short and long-range plans, goals and objectives for the Human Resources Department. Provides assistance and guidance to the County Administrator, Elected Officials; Department Heads, supervisors and employees on a wide variety of human resources, training, and risk and safety issues in concert with the County's mission. vision, business goals and operational objectives. Ensures human resources activities are aligned with industry best practices in the areas of recruitment, classification, benefits, disciplinary actions, labor- management relations, performance management, personnel policy, leave administration, training, risk management and safety, working cooperatively with the County Administrator. Reviews the development and management of staff to ensure proper evaluation, control, and documentation of liability and insurance claims. Supervises staff that maintains claims and incident reports. Assess liability to the county and minimize exposure to accidents and injuries. Manages county compliance with all state and federal regulations associated with worker health and safety issues. ESSENTIAL JOB FUNCTIONS: (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.) Leads the management of, labor contract negotiations on behalf of the County Administrator, represents the County during grievances, labor/management meetings, mediation and arbitration hearings. Develops written proposals and labor negotiation strategy related to the county's collective bargaining agreements. Conducts research of wages, benefits, and cost impact of County and Union proposals. Presents the findings to the County Administrator. Develops and administers the county's human resources program including staffing, job classification, compensation, employee benefits, performance management, affirmative action, employee and labor relations. workers compensation. training, and safety. Is the technical expert in human resource laws, policies and procedures, providing assistance to the County Administrator, Department Heads, Elected Officials, supervisors, and employees in resolving employment and/or work performance issues as they arise. Investigates complaints from employees or applicants, makes recommendations to the County Commissioners, County lirinted From Mason County L)i,,: I Printed from Mason County DMS POSITION DESCRIPTION Administrator, Department Heads, Elected Officials regarding the complaint and responds to complainants. Oversees or conducts the investigation and response to claims for unemployment insurance and workers compensation claims_ Prepares and justifies the human resources/risk management department budget in accordance with staffing and resource requirements, cost estimates with department and county goals and objectives. Administers the development and implementation of human resources policies and procedures that are consistent with state, federal and local laws and regulations. Prepares classification descriptions. Performs research and makes recommendations to establish or adjust salary levels for county positions. Coordinates with the County Administrator, Elected Officials and Department Heads in recruiting and hiring qualified personnel. Ensures the maintenance of personnel files for all county employees. Manages the recruitment, selection and on-boarding process for all new county employees as well as the off-boarding process for retirements, terminations and departing employees. Administers the county's employee benefit plans, Affirmative Action and Equal Employment Opportunity program, and the CDL Drug and Alcohol Testing program. Ensures proper reporting of incidents or accidents to WA Labor & Industries. Reviews and monitors federal and state laws and regulations related to safety and workers compensation, providing accurate interpretation of laws and regulations to the County Administrator, Department Heads, Elected Officials, supervisors and employees. Oversees related activities with third-party administrator(s) and other stakeholders involved in the proper reporting of work place incidents or accidents, and in the administration of state and federal leave laws. OTHER JOB FUNCTIONS: Analyzes and recommends improvements to existing facilities, equipment, programs and operating systems for the human resources department. Develops and maintains systems and records that provide for proper evaluation. control and documentation of assigned operations. Oversees the planning, implementation, testing for and administration of all aspects for recruitment and the selection processes in all levels of the civil service program. Performs special projects as requested by the Board of County Commissioners or the County Administrator. Manages the Board of Equalization petition process for the County as well as the administering the Civil Service program for planning, implementation, meetings, documents, recruitment. appeals and selection processes. Printed Frorn iviason County DIMS 21 P a g Printed from Masan County DMS POSITION DESCRIPTION Oversees the BOE petition process for the county. Ensures all processes and procedures are followed and deadlines are met. Ensure that Board members are trained and petitioners are treated fairly and consistently Oversee, attend and participate in civil service meeting; ensures preparation of official minutes. Maintains commission records, rules and regulations and recommends changes as needed. Coordinates participates in and maintains documents for appeal hearings and acts as liaison between the commission, attorneys and employees or candidates. Receives complaints, investigates and recommends action to the civil service commission. Oversee the planning and implementation of and manages staff to administer the recruitment and selection process for all levels of the civil service program. Processes and screens applications to ensure candidates meet minimum qualifications. Schedule and administer exams. Train examination panels on position requirements, laws and rules governing examination procedures and desirable qualifications of the examinees. Arrange for testing material and/or develops testing and examination materials appropriate for the posted job. Composes interview questions; staffs and participates on interview panels and assessment centerboards. WORKING CONDITIONS: Duties are primarily performed in an office environment while sitting at a desk or computer terminal. Attendance may be required at evening meetings and incumbents may be required to travel to off-site locations. QUALIFICATIONS: Knowledge of: Practices, principles and procedures of personnel management, labor relations, labor contract negotiations, risk management, employee safety and workers compensation. Federal, State and Local laws. rules, and regulations applicable to assigned operations. County government or complex organizational structures. Employee benefits including employee group insurance Mathematical concepts sufficient to accurately assess the cost of changes in wages and benefits Ability to: Conduct employment investigations. Investigate grievances. Printed From Mason County DMS 31 P a g e Printed from Mason County DMS POSITION DESCRIPTION Write clear and effective policies and procedures. Establish and maintain accurate records of assigned activities and operations. Analyze and make decisions and judgments relating to area of responsibility utilizing strong analytical and problem-solving skills Establish and maintain effective working relationships with the County Administrator, Department Heads, Elected Officials, supervisors, employees, attorneys and union representatives. Communicate effectively, both orally and in writing, regarding complex or sensitive issues. Maintain confidentiality of sensitive information Physically perform the essential functions of the job 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. A typical way to obtain the knowledge and abilities would be: Preference for a Bachelor's Degree in human resources, public administration, or related field. A minimum of five years of progressively responsible experience in public sector human resources service delivery, including three years as supervisor or manager of a human resources program or department. A minimum of three years' experience as the lead negotiator in public sector labor negotiations. PHR/SPHR Certification may substitute for college level human resources education LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State driver's license Certification requirements for Risk Management as required by the WA Counties Risk Pool must be obtained within two years of employment Printed From Mason County DMS 4 1 P a g e Printed from Mason County DMS MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: February 15, 2022 Agenda Item # 43.t l Commissioner staff to complete) BRIEFING DATE: 1/24/22 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the County Administrator to sign the contract with Robert W. Droll, Landscape Architect, PS for planning and RCO grant preparation for Sandhill Park Multi-Purpose Turf Field and Union Community Park Shelter and to sign the letter of intent to the Washington State Recreation and Conservation Office. Total amount of the contract is $52,330. Background: In order to be eligible for RCO funding, the County entered into a contract for services for the Mason County Parks and Recreation Comprehensive Plan update 2022— 2026 with Robert W. Droll, Landscape Architect, PS. (RWD Landscape Architects). A public hearing to adopt the Parks Comprehensive Plan will be held on February 15, 2022. RCO grant deadlines are as follows: March 1,2022 - Submit Parks Comprehensive Plan and Letter of Intent to RCO. May 3, 2022— RCO grant applications are due (need preliminary design) June—Technical presentation to review board August—final presentation Project requests: Synthetic turf multi-purpose field at Sandhill County Park. The project estimate is $2,335,000. If the project was awarded the WWRP-Recreation grant then Mason County's match would be $1,835,000. If the project was awarded the YAF grant then Mason County's match would be $1,985,000. If the project was awarded both grants then Mason County's match would be $1,485,000. RWD Landscape Architects cost for services is $31,470. 30'x 60'community shelter at the Union Community Park with a cost estimate of $515,000. If the project was awarded the WWRP-Recreation grant the Mason County's match would be $205,200 (40% Match Reduction applies for this project). RWD Landscape Architects cost for services is $20,860. These estimates are schematic as no preliminary design has occurred. The RCO grant funding is a competitive process and in order to meet the deadlines and submit a strong grant request, the County is contracting with RWD Landscape Architects for planning and grant preparation. Mason County will submit funding requests for the synthetic turf multi-purpose field at Sandhill County Park and a 30' x 60'community shelter at the Union Community Park. Budget Impacts: RWD Landscape Architect contract to assist with RCO grant process, $52,330 (Current Expense) and grant match (REET 1) RECOMMENDED ACTION: Approval for the County Administrator to sign the contract with Robert W. Droll, Landscape Architect, PS for planning and RCO grant preparation for Sandhill Park Multi-Purpose Turf Field and Union Community Park Shelter and to sign the letter of intent to the Washington State Recreation and Conservation Office. Total amount of the contract is $52,330. Attachment(s): Contract and letter of intent Mason County Planning & Grant Preparation 1/31/2022 AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement,effective as of February 1,2022,is between Mason County Parks and Trails And Landscape Architect: Robert W.Droll,Landscape,Architect,P.S. (RWD),4405 71 Ave SE, Suite 203, Lacey,WA 98503,360.456.3813 is for the following Project: Mason County Parks Planning&Grant Preparation for Sandhill Park Multi-Purpose Synthetic Turf Field&Union Community Park Shelter&ADA Improvements Scope of Work Article 1 Landscape Architect's Scope of Basic and Additional Services As shown in Attachment A and B Article 2 Client's Responsibilities A. Client agrees to provide Landscape Architect with all information, surveys,reports,and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. Client agrees to provide Landscape Architect with foundation recommendations from existing soils data. B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. Article 3 Estimated Schedule and Project Budget A. Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project Schedule. Article 4 Compensation and Payments A. Client agrees to pay Landscape Architect as follows: 1. Basic Services shall be based upon a Lump Sum Basis and is shown in Attachment A and B. Robert W.Droll,Landscape Architect,PS 1 Mason County Planning & Grant Preparation 1/31/2022 2. Additional Services:Negotiated B. Reimbursable Expenses are additional to Professional Staff Time at a rate of cost-plus ten percent. C. Landscape Architect shall bill Client for Basic and Additional Services once per month based upon the percentage of the phase completed. All payments are due Landscape Architect upon receipt of invoice.An amount equal to one and half percentage per month will be charged on all amounts due more than 30 days after the date of invoice. Article 5 Termination A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated,Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. C. Upon not less than seven days'written notice,Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. Article 6 Dispute Resolution A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. Article 7 Use and Ownership of Landscape Architect's Documents A. Upon the parties signing this Agreement,Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement,provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications,shall become the property of Client, however,Client agrees Landscape Architect may use the products for promotional purposes. Article 8 Miscellaneous Provisions. A. This Agreement is governed by the law of Landscape Architect's principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. Robert W.Droll,Landscape Architect,PS 2 Mason County Planning & Grant Preparation 1/31/2022 C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason,the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement,Landscape Architect shall not control or be responsible for construction means,methods,techniques, schedules,sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. F. Defense and Indemnity Clause: Bob Droll, 1/31/22 Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify,defend and hold COUNTY and its departments, elected and appointed officials,employees, agents and volunteers,harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs,attorney's fees and alternative dispute resolution costs,for any personal injury,for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole or in part by any act or omission,negligent or otherwise,of the CONTRACTOR, its employees,agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2)are directly or indirectly arising out of,resulting from,or in connection with performance of this contract;or 3)are based upon CONTRACTOR's or its subcontractors' use of,presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim,damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation,and have been mutually negotiated by the parties.Provider's initials acknowledging indemnity terms: Participation by County—No Waiver. COUNTY reserves the right,but not the obligation,to participate in the defense of any claim,damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this contract. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this contract, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Robert W.Droll,Landscape Architect,PS 3 Mason County Planning & Grant Preparation 1/31/2022 G. To the extent damages are covered by property insurance during construction,Client and Landscape Architect waive all rights against each other and against the contractors,consultants, agents and employees of the other for such damages. Client or Landscape Architect,as appropriate, shall require of the contractors,consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. H. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as,but not limited to,may result in damage to property or persons. Client further acknowledges and agrees that,as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance. I. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. J. If this Agreement is not signed and returned to Landscape Architect within ten(10)calendar days,the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and be null and void. K. Risk Allocation: Client understands and acknowledges that the design and construction process for this Project poses certain risks to both Landscape Architect and Client. Client further understands and acknowledges that the amount of risk that Landscape Architect can accept is tied, in part,to the amount of compensation received for services rendered. Landscape Architect's fee for the services offered is based on Client's agreement to limit Landscape Architect's liability as described below. Client further acknowledges that were it not for this promise to limit Landscape Architect's liability,Landscape Architect's compensation would need to increase to address the risks posed by this Project. Client,therefore,acknowledging its right to discuss this provision with legal counsel experienced in the design and construction process, as well as other design professionals,voluntarily agrees that,to the fullest extent permitted by law,Landscape Architect's total liability to Client for any and all injuries,claims, liabilities,losses,costs,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including,but not limited to,Landscape Architect's negligence,errors, omissions or breach of contract, shall not exceed the total compensation received by Landscape Architect under this Agreement. This limitation of liability shall apply to Client's direct claims and Client's claims arising from third parties. LANDSCAPE ARCHITECT . CLIENT Mason County, Washington Dated 1/31/22 Title WA State License No. 530 Dated Approved as to form: Tim i ea ,_.. Chief Deputy Prosecuting Attorney Robert W.Droll,Landscape Architect,PS 4 Attachment A Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 Exhibit A Sandhill ' Multi-Purpose Planning & Grants Preparation Scope of Work This assignment includes the work to be performed by Robert W.Droll,Landscape Architect,PS,(hereinafter R)WD)for Sandhill Park Synthetic Turf Field(Project)on behalf of Mason County(hereinafter Client). It is understood this Project's Goal is to prepare a Site Plan/Estimate of Probable Costs to guide future Multi-Purpose Synthetic Turf Field development.This Synthetic Turf Field will accommodate soccer,football, and lacrosse team sports and will be illuminated.This assignment includes the preparation of WWRP Local Parks and Youth Athletic Facility RCO Grant Applications in pursuit of Project funding. Basis of Proposal This Scope of Services and Fee Proposal is based upon written documentation and discussions with Diane Zoren, Central Services Manager, Support Services/Commissioners' Office and RWD's knowledge of the Project site and the development of athletic facilities and synthetic turf fields. It is understood no site plan for this Project has been developed to date and this development of this site plan is essential in the preparation of an Estimate of Probable Costs and subsequently RCO Grants.It is understood the RCO Letter of Intent is due Tuesday,March 1,2022 and the RCO Grant Applications are due Tuesday May 3,2022 so time is of the essence. Scope of Services Task 1 Site Plan Preparation Task 1.01 Prepare Concept Master Plan for Grant RWD will prepare a Concept Master Plan illustrating the type,size,and location of the illumination Multipurpose Synthetic Turf Sports Field.Using an aerial and any LiDAR mapping Mason County can provide as a Base Map, RWD draw all site plan improvements over this Base Map.RWD would conduct a concept Grading Plan so we can obtain a schematic level understanding of the cut/fills and grading requirements necessary. This Concept Site Plan would illustrate vehicular and pedestrian improvements as necessary.RWD would also include a Vault Toilet(not a flush toilet).RWD assumes potable water is not available. It is understood that an existing Design Survey and geotechnical investigation has not been prepared for this Project to date.This information would provide a higher degree of confidence on the Concept Plan outcome and the Estimate of Probable Costs,but would add$14,000-$ 17,000 to the costs herein in Exhibit B.Assuming Mason County chooses to defer this upfront cost pending the outcome of the RCO Grants,RWD has not included Survey and Geotechnical Investigations in this Scope,although RWD does recommend performing this work now if the funding is available. Task 1.02 Estimate of Probable Cost for Each Program Element RWD will prepare a Level 3 Estimate of Probable Costs for the Multi-Purpose Synthetic Turf Field and any other cost associated with project development.Estimates will include full project development cost including 2 years of escalation at 3.04%/year(WA OFM escalation rate).Costs will be prepared in RCO format. Task 1.03 Client Review RWD will review revisions with Client via virtual teleconference or in-person meeting. RWD Landscape Architects 1 Attachment A Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 Task 1.04 Revise Concept Master Plan& Cost Estimate Based upon findings/direction in Task 1.03,RWD will revise Grant Site Plans and Estimate of Probable Costs. RWD will revise estimates to comply with RCO PRISM format. Task 1.05 Prepare Sketchup Model for all Grant Improvements RWD will prepare a 3D model of the project improvements. 3D model will be in the format of and similar to the graphic example in Appendix A and can be viewed from practically any ground level and bird's eye viewpoint. Very helpful in gaining understanding from the RCO Evaluation Panel. Task 1.06 Project Management This Task accounts for the RWD's time to manage the Project's contractual elements,scheduling,billing,and timing of Project,communication with Client,and manage the coordination of,and the execution of the Project Schedule. Task 2 Grants Preparation Task 2.01 Prepare YAF Grant Graphics&Answer Technical Questions RWD will prepare YAF Grant Graphics and Application and will submit via PRISM. Task 2.02 Prepare Local Parks Grant Graphics&Answer Technical Questions RWD will prepare the Local Parks Grant Graphics and answer technical questions necessary for Grant applications. RWD will submit the full Grant Application via PRISM. Task 2.03 Local Park Technical Review—Prepare Local Parks Presentation Based upon comments in the Technical Review,RWD will revise graphics and costs, and assist Mason County in revising the powerpoint presentation.RWD will practice Final Evaluation presentations dry runs Mason County. Task 2.04 Local Parks Final Evaluation Presentation RWD will revise the presentation,graphics,and estimate as necessary for the Final Evaluation Presentation.RWD will attend the Grant Evaluation Presentation in Olympia and answer technical questions(will sit second chair). Task 2.05 Project Management This Task accounts for the RWD's time to manage the Project's contractual elements,scheduling,billing and timing of Project,communication with Client,and manage the coordination of, and the execution of the Project Schedule. Deliverable Products • Concept site planning and cost estimates for the Project improvements. • Concept site planning in ACAD format based upon Mason County provided Base Mapping • Grant graphics and grant application narratives. • Grant Presentations preparation assistance. • 3D models of project improvements. Additional,Excluded Services Specific items that are not within the scope of work/services include,but are not limited to,the following.RWD can provide these services at an additional cost. ❑ Design Survey ❑ Geotechnical Investigations ❑ Cultural Resource Investigation ❑ Biological Baseline Characterization ❑ Wetland or Critical Area Report RWD Landscape Architects 2 Attachment A Sandhill Park Multi-Purpose Synthetic Turf Field Planning&Grants Preparation January 6,2022 ❑ Traffic Studies,Traffic Impact Analysis ❑ Stormwater Drainage report/studies/design other than as described herein ❑ Biological Evaluation ❑ Maintenance Cost projections ❑ Architectural,Mechanical,Electrical,Civil or Structural engineering services other than as described herein ❑ 30%, 65%,95%& 100%Plans,Estimate and Specifications,Bidding Services or Construction Services for On-site and Off-site improvements ❑ Observation Services of any on-site or off-site,mitigation and building improvements other than defined in the Scope of Services ❑ Legal Descriptions of easements,Rights-of-Ways,etc. ❑ Web-site preparation and hosting,visual impact analysis,photo-simulations, ❑ SITES or LEEDS accreditation ❑ Tree valuation,Tree removal quantity count ❑ Noise Studies,Air Quality Studies ❑ Boundary and ALTA Surveys ❑ Meeting attendance other than those listed herein ❑ Stream or Ordinary High-Water Mark delineation,Wetland,Wildlife,Habitat&Fisheries investigations& Impact Analysis other than as described herein ❑ Environmental Assessments ❑ Groundwater monitoring ❑ SEPA,DARPA,any environmental or regulatory permitting ❑ Hydrogeologic Report,Hydrology Studies,Environmental Studies,Water Quality Testing&Monitoring ❑ Visual Impact Analysis ❑ Public Presentations,Neighborhood meetings,Hearing Examiner meetings, City Council Meeting,etc. other than defined herein ❑ Mitigation Site Identification and Analysis,Mitigation Design ❑ Latecomers Fees,Permit Fees,&Impact Fees will be provided by Client ❑ Typed up Meeting Notes. Professional Fee Professional Fees to accomplish the Scope of Services are shown on Exhibit B. RWD will perform the Scope of Services defined herein on a Time&Materials. Client Responsibilities Client shall provide the following information or services as required for performance of the work. RWD assumes no responsibility for the accuracy of such information or services and shall not be liable for errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. ❑ Client will provide RWD with graphic and photographic images(hardcopy or jpegs)of City limits,County limits,and school district boundaries. City will also provide economic data. ❑ Existing as-built site engineering and utility base information for any proposed design projects in the area ❑ Planning Documents&Data that may impact Site Plan Development. ❑ Sports League/Sports Field demand data. RWD Landscape Architects 3 F A" �!'•'�S�ro..�°�' "` � 'yam- „� ���� .y., r. Attachment A 1/6/2022 202206 0:\2022\202206 SandhillRCO Grant\Fee Scope\ Sandhill County Park- Synthetic Multi-Purpose Field Mason County,WA Schematic Level Estimate of Probable Costs mobilization, contingency,taxes &escalation Cost Item Item Total unit quantity unit cost subtotal 32% Synthetic Nlultipurpose Field clearing&grubbing $ 44,352.00 acre 4 $ 8,000.00 $ 33,600.00 $ 10,752.00 construction staking $ 10,560.00 is 1 $ 8,000.00 $ 8,000.00 $ 2,560.00 temporary fencing $ 2,112.00 if 800 $ 2.00 $ 1,600.00 $ 512.00 temporary erosion control $ 5,385.60 sf 102,000 $ 0.04 $ 4,080.00 $ 1,305.60 mass grading&compaction $ 132,000.00 cy 10,000 $ 10.00 $ 100,000.00 $ 32,000.00 excavation,including offsite haul $ 46,200.00 cy 1 $ 35,000.00 $ 35,000.00 $ 11,200.00 Subsurface drainage trench excavation&offsite $ 6,600.00 cy 200 $ 25.00 $ 5,000.00 $ 1,600.00 haul geotexitle fabric $ 48,906.00 sy 11,400 $ 3.25 $ 37,050.00 $ 11,856.00 4"slotted pipe $ 61,248.00 If 5,800 $ 8.00 $ 46,400.00 $ 14,848.00 trench backfill $ 8,910.00 cy 150 $ 45.00 $ 6,750.00 $ 2,160.00 type 2 drywell $ 63,360.00 each 4 $ 12,000.00 $ 48,000.00 $ 15,360.00 6"permeable base aggregate $ 285,120.00 ton 2,700 $ 80.00 $ 216,000.00 $ 69,120.00 2"permeable top aggregate $ 106,920.00 ton 900 $ 90.00 $ 81,000.00 $ 25,920.00 concrete curb $ 48,312.00 If 1,220 $ 30.00 $ 36,600.00 $ 11,712.00 edge nailer $ 17,714.40 if 1,220 $ 11.00 $ 13,420.00 $ 4,294.40 fine grading-base course $ 16,038.00 sf 81,000 $ 0.15 $ 12,150.00 $ 3,888.00 fine grading-top course $ 16,038.00 sf 81,000 $ 0.15 $ 12,150.00 $ 3,888.00 field illumination $ 528,000.00 sf 1 $ 400,000.00 $ 400,000.00 $ 128,000.00 synthetic turf-2.5" $ 641,520.00 sf 81,000 $ 6.00 $ 486,000.00 $ 155,520.00 csbc $ 8,910.00 sf 150 $ 45.00 $ 6,750.00 $ 2,160.00 concrete walk $ 69,696.00 sy 480 $ 110.00 $ 52,800.00 $ 16,896.00 concrete stairs $ 32,604.00 sy 190 $ 130.00 $ 24,700.00 $ 7,904.00 seeding $ 9,424.80 sf 102,000 $ 0.07 $ 7,140.00 $ 2,284.80 erosion control $ 13,464.00 sf 102,000 $ 0.10 $ 10,200.00 $ 3,264.00 trim&clean-up $ 6,600.00 is 1 $ 5,000.00 $ 5,000.00 $ 1,600.00 Subtotal S 2,229,994.80 $ 1,689,390.00 $ 540 604.80 Design&Construction Administration $ 222,999.48 Totai $ 2,452,994.28 RWD Landscape Architects 360.456.3813 Attachment A 10:34 AM 1/6/2022 202206 Sandhill RCO Grant 2022 RCO Grants RWD Fee.xls Sandhill Park- Synthetic Turf Field YAF & VVVVRP Local Parks RCO Grants Mason County Exhibit B-Scope&Fee Proposal-Site Plan&Grant Preparation r�— Subtotal Bob Droll,ASLA Landscape Tech Clerical hrs subtotal hrs subtotal hrs subtotal 1.00 Site Plan Preparation 1.01 Prepare Concept Master Plan for Grant $ 3,380.00 8 $ 1,280.00 20 $ 2,100.00 $ - 1.02 Estimate of Probable Costs $ 2,120.00 8 $ 1,280.00 8 $ 840.00 $ - 1.03 Client Review $ 640.00 4 $ 640.00 $ - $ - 1.04 Revise Concept Master Plan&Cost Estimate $ 1,900.00 4 $ 640.00 12 $ 1,260.00 $for Grant 1.05 Prepare Sketchup Model&Aerial Perspective $ 3,470.00 $ - 32 $ 3,360.00 2 $ 110.00 1.06 Project Management $ 2,560.00 16 $ 2,560.00 $ - $ - Subtotal $ 14,070.00 2.00 Grants Preparation 2.01 Prepare YAF Grant Graphics&Answer $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ - Technical Questions 2.02 Prepare Local Parks Grant Graphics&Answer $ 4,000.00 4 $ 640.00 32 $ 3,360.00 $ - Technical Questions 2.03 Local Parks Technical Review-Prepare Local $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ Parks Presentation&work through Dry Run 2.04 Local Parks Final Evaluation Presentation $ 2,320.00 4 $ 640.00 16 $ 1,680.00 $ - 2.05 Project Management $ 4,460.00 16 $ 2,560.00 16 $ 1,680.00 4 $ 220.00 Subtotal $ 17,100.00 Professional Services Subtotal $ 31,170.00 Maximum Grant Limits Direct Expenses $ 300.00 YAF $350,000.00 Professional Services Total $ 31,470.00 Local Parks $500,000.00 RWD Landscape Architects 360.456.3813 Attachment B 1/20/2022 202206 Union Park Shelter RCO Grant 2022 RCO Grants RWD Fee.xls Union Community Park - Shelter & ADA Improvements RCO Grant - NVWRP Local Parks Mason County Scope&Fee Proposal-Site Plan&Grant Preparation Task Subtotal Bob Droll,ASLA Landscape Tech Clerical hrs subtotal hrs subtotal hrs subtotal 1.00 Site Plan Preparation 1.01 Prepare Concept Master Plan for Grant $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ - 1.02 Estimate of Probable Costs $ 1,480.00 4 $ 640.00 8 $ 840.00 $ - 1.03 Prepare Sketchup Model&Aerial Perspective $ 3,160.00 4 $ 640.00 24 $ 2,520.00 $ - 1.04 Project Management $ 1,390.00 8 $ 1,280.00 $ - 2 $ 110.00 Subtotal $ 9,190.00 2.00 Grants Preparation 2.01 Prepare Local Parks Grant Graphics&Answer $ 3,680.00 2 $ 320.00 32 $ 3,360.00 $ - Technical Questions 2.02 Local Parks Technical Review-Prepare Local $ 2,320.00 4 $ 640.00 16 $ 1,680.00 $ - Parks Presentation&work through Dry Run 2.03 Local Parks Final Evaluation Presentation $ 2,320.00 4 $ 640.00 16 $ 1,680.00 $ - 2.04 Project Management $ 3,200.00 16 $ 2,560.00 4 $ 420.00 4 $ 220.00 Subtotal $ 11,520.00 Professional Services Subtotal $ 20,710.00 Maximum Grant Limits Direct Expenses $ 150.00 Local Parks $500,000.00 Professional Services Total $ 20,860.00 Applicant Match:25% RWD Landscape Architects 360.456.3813 February 15, 2022 Recreation and Conservation Office PO Box 40917 Olympia WA 98504-0917 To Whom it May Concern: Mason County is submitting this Letter of Intent to participate in the Recreation and Conservation Office grant program, specifically the WWRP and YAF grants. We intend to apply for grant funds for a multi-purpose field at Sandhill County Park and for a community shelter at the Union Community Park. Mason County has contracted with RWD Landscape Architects to update Mason County's Parks, Recreation, Open Space, Trails Plan (PROST). We appreciate this opportunity to secure funds for our community. Mark Neary Mason County Administrator MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: 747 MEETING DATE: 2/15122 �k BRIEFING DATES: 2/7/22 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Approval of the Services Agreement with Corrections Technology Group (CTG) for the maintenance and repair of specified security systems at the Mason County Jail EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This agreement is an on-going services agreement with CTG for the jail security system (doors and locks). BUDGET IMPACT: It is budgeted and paid in the Sheriff's budget, $63,059 + tax. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Approval of the Services Agreement with Corrections Technology Group (CTG) for the maintenance and repair of specified security systems at the Mason County Jail ATTACHMENTS: Agreement Briefing Summary 2/9/2022 t Corrections Technology Yd Group MANAGED SERVICES AGREEMENT (MSA) The following is an agreement to provide managed services for the maintenance and repair of specified security systems at the Mason County Detention Facility, owned by the County of Mason, WA, hereafter known as the Customer. Corrections Technology Group LLC, hereafter known as CTG, shall provide the specified services as detailed hereafter in this agreement. Full Service MSA — Electronic Security Systems: CTG shall provide labor and materials to Service and Maintain the Specified Detention Electronic Systems detailed in this section. Work shall be performed in accordance with industry standards and manufacturer's instructions. CTG will supply Technicians that are familiar with, and where possible, trained upon, the specified systems. SPECIFIED SYSTEMS: • PLC's • Touchscreens • Harding Intercom • CCTV • Relays • Power Supplies & LAN Communication Devices associated with the items listed immediately above. SERVICES: • Routine and emergency repairs • Preventative maintenance — Performed twice a year in the 2"d & 41h Quarters of the Calendar Year • Staff training as needed INCLUSIONS: • Replacement of components that fail as a result of age, and/or normal wear & tear, with like components that are available through industry related vendors. • Material to accommodate the necessary preventative maintenance procedures. • Replacement components shall be new, if available, and of the latest manufacture. • All labor & travel costs required to perform the specified work. • 10% discount on Time & Material Labor when it is required. • Priority scheduling for emergencies over customers who do not have an MSA. EXCLUSIONS: • Components that are damaged by outside causes such as vandalism, riot, Acts of God, war, etc. Such components will be repaired on a Time and Material basis. • Replacement of"End of Life", or obsolete, components & material that lack a technically equal equivalent from industry vendors. • Replacement of entire Electronic Security System and/or Systems. • Any parts or labor related to Access Control & Utility Control Systems. • Underground work, electrical raceways, conduits & wiring. • High Voltage systems and/or components unless otherwise specified. INVESTMENT(This Section): $42,884 plus any applicable sales taxes Corrections Technology Group,LLC 420 N. Lake Road,Spokane Valley,WA 99212 509.436.9060 Contractor's Licenses—WA:#CTGSESE857PM OR:#208976 MT:#224080 AK:#111247 TERMS AND CONDITIONS OF SALE (Managed Services Agreement) 1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency,free of exchange,collection,or any other charges,or as otherwise agreed upon and set forth in writing by CORRECTIONS TECHNOLOGY GROUP. (hereinafter called "Seller"). The Customer,if so requested agrees to furnish Seller with all information including financial statements,necessary to make a proper credit appraisal. Refusal to supply such information may cause this proposal to be withdrawn. Terms of payment originally granted are subject to the approval of continued credit status. Prices are subject to correction for error. 2. PROPOSALS Proposals are based upon straight-time labor. Any request by the Customer for overtime work shall be considered an extra. This Proposal expires 30 days after its date,subject to the provisions of the first sentence of the paragraph below entitled"Acceptance of Terms". 3. PAYMENTS Seller will invoice Customer per the time period specified above,and the said invoices are due upon receipt by Customer. If the Customer becomes overdue in any payment,Seller shall be entitled to suspend work,shall be entitled to interest at the annual rate of 18%or the maximum permitted by the State of Washington and also to avail itself of any other legal remedies. Customer agrees that he will pay and/or reimburse Seller for any and all reasonable attorney's fees which are incurred by Seller in the collection of amounts due and payable hereunder. 4. CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay the Seller an adjustment charge. 5. TAXES The amount of any future sales,use,occupancy,excise,or other tax,federal,state,or local which Seller hereafter shall be obligated legally to pay,either on its own behalf or on behalf of the Customer or otherwise,with respect to the material covered by this proposal shall be added to such prices and paid by the Customer. 6. LOSS,DAMAGE,OR DELAY Seller shall not be liable for any loss,damage,or delay occasioned by any cause beyond Seller's control,including but not limited to governmental actions or orders,embargoes,strikes,differences with workmen,fires,floods,accidents,or transportation delays. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES.. 7. PURCHASER'S REMEDIES The Customer's remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the right or repair or replacement of such defective equipment. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS(BASED UPON BREACH OR IMPLIED WARRANTY)FOR ANY OTHER DAMAGES,WHETHER DIRECT, IMMEDIATE, FORESEEABLE,CONSEQUENTIAL,OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL.Seller assumes no responsibility of repairs made on Seller's equipment unless done by Seller's authorized personnel,or by written authority from Seller. Seller makes no guarantee with respect to material not manufactured by it. 8. PATENT INFRINGEMENT Seller will hold its Customer harmless from infringement of any United States patent covering equipment of its manufacture. This,of necessity,is limited to the equipment per se and cannot be extended to applications of such equipment in a system,except in writing by an officer of Seller. The Customer shall advise Seller immediately in the event any claims of infringement are brought to their attention. 9. GOVERNING LAW Any contract resulting from this proposal shall be governed by,construed,and enforced in accordance with the laws of the State of Washington. 10. CERTIFICATION The person whose signature appears on this proposal hereby certifies that,to his best knowledge and belief, the annexed proposal is not the result of any agreement,arrangement or understanding between the Seller and any other manufacturer or Seller of correctional electronic systems and that the prices,terms or conditions thereof have not been communicated by or on behalf of the Seller to any such person and will not be communicated to any such person prior to the receipt of said proposal. 11. ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer and when subsequently approved in writing hereon by CORRECTIONS TECHNOLOGY GROUP,or by our written acceptance of your purchase order by CORRECTIONS TECHNOLOGY GROUP. Such acceptance shall be with the mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver,alteration,or modification of the terms and conditions on this document shall be binding unless in writing and signed by an authorized representative of CORRECTIONS TECHNOLOGY GROUP. Corrections Technology Group,LLC 420 N. Lake Road,Spokane Valley,WA 99212 509.436.9060 Contractor's Licenses—WA:#CTGSESE857PM OR:#208976 MT:#224080 AK:#111247 Preventative Maintenance MSA - Detention Door Locks: CTG shall provide complete labor to perform Preventative Maintenance on Specified Lock Systems detailed in this section. Work shall be performed in accordance with industry standards and manufacturer's instructions. CTG will supply Technicians that are familiar with, and where possible, trained upon, the specified systems. SPECIFIED SYSTEMS: Detention Door Locks SERVICES: • Preventative maintenance — Performed once a year in the 4th Quarter of the Calendar Year. • Staff training as needed INCLUSIONS: • Consumable materials used in the cleaning, lubrication, and adjustment of the specified Detention Door Locks. • All labor & travel costs required to perform the specified work. • 10% discount on Time &Material Labor when it is required. • Priority scheduling for emergencies over customers who do not have an MSA. EXCLUSIONS: Labor and materials to repair failed or poorly operating equipment. Such Detention Door Locks will be repaired on a Time and Material basis. INVESTMENT(This Section): $20,175 plus any applicable sales taxes. T&M Rates for work beyond the scope of this MSA: • Hourly Labor- $108.00 per hour (discounted from the normal $120 Hourly Rate)* • Per Diem Rate - $190.00 per day • Vehicle Rate- $0.90 per mile • Air Fare and rental cars shall be charged at actual cost plus 30%. Invoicing will occur at completion of work, or monthly, whichever is less. *The hourly labor rate pertains to work performed on-site, and to the actual travel time. Terms: • Contract Coverage Dates from November 1,2021 through October 31, 2022 • Invoiced in Advance • Invoices Paid Net 30 Day • See attached Mason County Corrections Technology Group Signature: Signature: Name Name (Print): (Print): Title: Title: Date: Date: Corrections Technology Group,LLC 420 N. Lake Road,Spokane Valley,WA 99212 509.436.9060 Contractor's Licenses—WA:#CTGSESE857PM OR:#208976 MT:#224080 AK:#111247 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 2/15/2022 Agenda Item # 3 Commissioner staff to complete) BRIEFING DATE: 01/31/2022 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH31019 Amendment 1 Adds Statement of work for: 1. COVID-19 Mass Vaccination-FEMA 2. Foundational Public Health Services. Contains 1,522,000 for Foundational Public Health Services. 3. Maternal &Child Health Block Grant. Provides 50,770 for ongoing services 4. Office of Drinking Water Group A Program. This program has 23,000 as a fee for service for performing sanitary surveys on group A water systems, S. Office of Drinking Water Group B Program. This program provides 6,469 for group B water systems. 6. Office of Imunizations COVID-19 Vaccine. Provides 354,803 for planning and tracking COVID-19 immunizations and cases. 7. On-site Sewage Systems local management plan. Includes 75,000 for ongoing work 8. Recreational Shellfish. Includes 5,250 for the ongoing work of sampling and posting beaches. BUDGET IMPACTS: 2,037,292 in funding for the 2022 and 2023 budget years. The funding has been budgeted for 2022. The 2023 amount has not been budgeted yet. RECOMMENDED OR REQUESTED ACTION: Approve Amendment 1 to CLH31019 Consolidated Contract. 2/9/2022 MASON COUNTY PUBLIC HEALTH 2022-2024 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH31019 AMENDMENT NUMBER: 1 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as"DOH",and MASON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LHJ",pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,located on the DOH Finance SharePoint site in the Upload Center,and incorporated by this reference,are amended as follows: ® Adds Statements of Work for the following programs: • COVID-19 Mass Vaccination-FEMA-Effective January 1,2022 • Foundational Public Health Services(FPHS) -Effective January 1,2022 • Maternal&Child Health Block Grant-Effective January 1,2022 • Office of Drinking Water Group A Program-Effective January 1,2022 • Office of Drinking Water Group B Program-Effective January 1,2022 • Office of Immunization COVID-19 Vaccine-Effective January 1,2022 • OSS LMP Implementation-Effective January 1,2022 • Recreational Shellfish.Activities-Effective January 1,2022 ❑ Amends Statements of Work for the following programs: ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-1 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-0 Allocations as follows: ® Increase of 2 OS ' 37,292 for a revised maximum consideration of 2 0$ ' 37,292. ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of 1 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: COVID-19 Mass Vaccination-FEMA- Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ® Federal Contractor (check if applicable) Reimbursement Period of Performance: January 1.2022 through A El State 0 FFATA (Transparency Act) ❑ Fixed Price pril 1.2022 ❑ Other ❑ Research&Develo ment Statement of Work Purpose: The purpose of this statement of work is to establish the task activities,fundingperiod,and billing details for cost reimbursement ofFEMA-funded mass vaccination clinics in Washington state. Revision Purpose: N/A Master Assistance BARS Allocation LHJ Funding Period Change Total Index Listing Revenue Current DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation *MASS VACCINATION FEMA 100% 934VO200 97.036 333.97.03 51/61/22 04/01/22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 01 0 0 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 1. *NOTE: Task activities for Mass Vaccination Clinics in this *Reimbursement of statement of work are NOT CONSIDERED eligible costs. SUBRECIPIENT but are as a CONTRACTOR of DOH. MASS VACCINATION DOH reimbursement provided for local mass vaccination FEMA 100%Funding clinic(see definition below)planning,implementation and (MI 934V0200) operations in coordination between Unified Command and the Regional Incident Management Team(I I') to (See Program Specific T Requirements below) administer the vaccine efficiently,quickly,equitably,and safely in all regions of Washington State. State Supported, Regionally Coordinated, Locally Implemented. PaLye 1 of 4 Contract NumberCLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount Definition:Mass vaccination clinics defined as those outside of the usualhealthcare delivery.method such aspop-up clinics, mobile clinics, non-clinical facility(fairgrounds,arenas,etc.). Guidance on vaccination protocolsmustbe followed as provided by DOH and CDC. lA Local healthjurisdiction (LHJ)will coordinate planning and Submit to DOH a mass vaccination plan Within 30 days of implementation of mass vaccination clinics/sites provided including: contract amendment within the county(s)with a regional incident management execution. • type of site, team/organization as approved by DOH. • site locations, Request for regional IMT should be submitted through the • throughput, normalprocess through WebEOC. • considerations made to ensure equity to historically LHJ is the coordinating agency for the mass vaccination plan marginalized populations, within the county. • and to the extent possible a regional map of sites/locations. Regional IMT will be under the delegation authority of DOH and they are to provide support and coordination forall efforts around vaccine planning,resource support and general guidance and information sharing in order to regionally coordinate efforts.Local jurisdictions will maintain all decisional authority around vaccination planning and execution within their jurisdiction/district. Provide any information as requested by the regional IMT. 1 B Funding for eligible Mass Vaccination activities are reimbursed Submit estimated budget for the mass Within 30 days of contract on actualcosts as outlined in the DOH guidance to provide the vaccination plan. amendment execution. services and to cant'out the mission. Funding will be dependent on full participation in the LHJ and IMTprocesses Monthly Cost Summary Spreadsheet to Monthly and all documentation will be required to be provided to fully the IMT/IMO by the fifth of the following close out funding requests by the end of the mission period of month. performance. Allowable costs include expenses such as facility rentals, staff to conduct planning,management,support and operation of the site,medical personnel for vaccinations,site security personnel, wrap around services for staff(meals,travel,lodging), equipment(which must be pre-approved by IMT/DOH if it exceeds$5,000 each),supplies for vaccinations and site operation.LHJs should provide narratives to help assist IMT Exhibit A,Statement of Work Page 2 of 4 Contract Number CLH3 1019 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount and DOH finance knowwhat expenditures were necessary to carry out the mission. I Vaccination data—will be maintained accordingto current state Submission of vaccine use into WA IIS Daily and federalrequirements. database within 24hrs of use. Vaccine Registration Systems—If a local jurisdiction or region Jurisdiction/Regions will ensure a fairand does nothave a registration system(s)the include internet equitable process forregistration of based,phone option and other methods to ensure equitable eligible Washingtonians across all registration,the state PrepMod system and tools will be available modalities. available foruse. 1 D Regularly report on vaccinations sites and operational activities Provide monthly situation report to Monthly (number of vaccinations,personnel to operate the site, IMT/IMO on status of implementation of challenges, successes to share for learning a cross the public massvaccination plan,ormore frequently health system). if that is the LHJ procedure.Sites operating for the time period,vaccines administered by site for the time period, estimated costs for the time period,any challenges/successes of note,including assistance requested. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,may be sent to financeaa,doh.wa. oov. DOH General Mass Vaccination Program and Fiscal Contact Patrick Plumb COVID FEMA Project Management Analyst Washington State Department of Health Office of Financial Services 111 Israel Road SE,Tumwater,WA 98501 patrick.phumb@doh.wa.gov/(360)236-4291 Federal Funding Accountabilily and Transparency Act(FFATA) (Applies to federal grant awards.) This statement of work is supported by federalfunds thatrequire compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federalfunds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Univers alNumbering System(DUNS(D) number. Information about the LHJ and this statement of work will be made available on USASpending:gov by DOH as required by P.L. 109-282. Program Specific Requirements Exhibit A,Statement of Work Page 3 of 4 Contract NumberCLH31019 Program Manual, Handbook,Policy References Emergency Response Plan(or equivalent) Medical Countermeasure/Mass Vaccination Plan Billing Requirements: Monthly invoices must be submitted timely to the regional IMT/Organization for review/approvalprior to submission to DOH for reimbursement. Contract MasterIndex(MI)Code:934VO200 General Mass Vaccination BARS Revenue Code:333.97.03 Mass Vaccination Reimbursement Special Instructions: The LHJ is considered a CONTRACTOR of DOH not a subrecipient forthis portion of the statement of work.An allocation of funds is notprovided as these FEMA funds are only available as reimbursement of costs associated with implementation of the mass vaccination plan. Detailed documentation must be maintained as directed by the regional IMT/Organization and DOH to substantiate costs associated with these activities for submission to FEMA upon request by DOH. Eligible costs from the timeframe of January 1,2022 through April 1,2022 include facility rentals,medical and support staff forplanning,in anagement,support,and operations;as well as wrap-around services forstaff(i.e., meals,travel,lodging). Regular and overtime pay associated with this project is allowable for all staff working underthis project and must be billed as a direct charge;timesheets are required documentation and must be available upon request by DOH. Indirect rates are not applicable to these funds.Eligible equipment includes facility infection control measures,personalprotective equipment(PPE), storage equipment,coolers,freezers,temperature monitoring devices,portable vaccine units for transportation,supplies such as emergency medical supplies(for emergency medicalcare needs that may arise in the administration of the vaccine),containers for medical waste,as well as proper storage as needed for canisters of liquid nitrogen or dry ice.Eligible equipment purchase costs should not exceed$5,000 per piece. Equipment over$5,000 apiece must be preapproved by the IMT and should be leased rather than purchased.Any diversion from the list of pre-approved expenses will require a narrative on the purchase rationale and will be subject to IMT approvalprior to reimbursement.Timesheets are required documentation for all activities related to this project.Staff time-in/ time-out must be recorded,as well as a brief description of their activities. A general description of activities is acceptable for those working at the vaccine site; more detailed/specific description is required for those not working at the vaccine site. Exhibit A,Statement of Work Page 4 of 4 Contract Number CLH3 1019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: COVID-19 Mass Vaccination-FEMA- Local Health Jurisdiction Name: Mason County Public Health Effective January 1,2022 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ® Federal Contractor (check if applicable) ® Reimbursement ❑ State ® FFATA (Transparency Act) ❑ Fixed Price Period of Performance: January 1,2022 through April 1, 2022 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statementofworkis to establish the taskactivities, fundingperiod, andbilling details for cost reimbursement of FEMA-funded massvaccination clinics in Washington state. Revision Purpose: N/A Master Assistance BARS Allocation LHJ Funding Period Change Index Listing Revenue Current g Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation *MASS VACCINATION FEMA 100% 934VO200 97.036 333.97.03 01/01/22 04/01/22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 0 0 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 1. *NOTE: Task activities for Mass Vaccination Clinics in this *Reimbursement of statement of work are NOT CONSIDERED eligible costs. SUBRECIPIENT but are as a CONTRACTOR of DOH. MASS VACCINATION DOH reimbursement provided for local mass vaccination FEMA 100%Funding clinic(see definition below) planning, implementation and (MI 934V0200) operations in coordination between Unified Command and the Regional Incident Management Team(IMT) to (See Program Specific Requirements below) administer the vaccine efficiently,quickly,equitably,and safely in all regions of Washington State. State Supported, Regionally Coordinated, Locally Implemented. Exhibit A,Statement of Work Page 1 of 4 Contract NumberCLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount Definition:Mass vaccination clinics defined as those outside of the usualhealthcare delivery.method such aspop-up clinics, mobile clinics, non-clinical facility(fairgrounds,arenas,etc.). Guidance on vaccination protocols must be followed as provided by DOH and CDC. lA Loca I health jurisdiction (LHJ)will coordinate planning and Submit to DOH a mass vaccination plan Within 30 days of implementation of mass vaccination clinics/sites provided including: contract amendment within the county(s)with a regional incident management execution. team/organization as approvedby DOH. • type of site, • site locations, Request for regional IMT should be submitted through the • throughput, normalprocess through WebEOC. • considerations made to ensure equity to historically LHJis the coordinating agency for the mass vaccination plan. marginalized populations, within the county. • and to the extent possible a regional map of sites/locations. Regional IMT will be under the delegation authority of DOH and they are to provide support and coordination forall efforts around vaccine planning,resource support and general guidance and information sharing in order to regionally coordinate efforts.Local jurisdictions will maintain all decisional authority around vaccination planningand execution within their jurisdiction/district. Provide any information as requested by the regional IMT. 1 B Funding for eligible Mass Vaccination activities are reimbursed Submit estimated budget for the mass Within 30 days of contract on actualcosts as outlined in the DOH guidanceto provide the vaccination plan. amendment execution. services and to carry out the mission. Funding will be dependent on full participation in the LHJ and IMTprocesses Monthly Cost Summary Spreadsheet to Monthly and all documentation will be required to be provided to fully the IMT/IMO by the fifth of the following close out funding requests by the end of the mission period of month. performance. Allowable costs include expenses such as facility rentals, staff to conduct planning,management,support and operation of the site,medical personnel for vaccinations,site security personnel, wrap around services for staff(meals,travel,lodging), equipment(which must be pre-approved by IMT/DOH if it exceeds$5,000 each),supplies for vaccinations and site o eration.LHJs should provide narratives to help assist IMT Exhibit A,Statement of Work Page 2 of 4 Contract NumberCLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount and DOH finance know what expenditures were necessary to cant'out the mission. I Vaccination data—will be maintained accordingto current state Submission of vaccine use into WA IIS Daily and federa I requirements. database within 24hrs of use. Vaccine Registration Systems—If a local jurisdiction or region Jurisdiction/Regions will ensure a fair and does not have a registration system(s)the include internet equitable process forregistration of based,phone option and other methods to ensure equitable eligible Washingtonians across all registration,the state PrepMod system and tools will be available modalities. available foruse. I D Regularly report on vaccinations sites and operational activities Provide monthly situation report to Monthly (number of vaccinations,personnel to operate the site, IMT/IMO on status of implementation of challenges,successes to share for learning across the public mass vaccination plan,or more frequently health system). if that is the LHJ procedure.Sites operating for the time period,vaccines administered by site for the tim a period, estimated costs for the time period,any challenges/successes of note,including assistance requested. DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site.Questions related to this SOW, or any other finance-related inquiry,maybe sent to finance(@doh.wa.gov. DOH General Mass Vaccination Program and Fiscal Contact Patrick Plumb COVID FEMA Project Management Analyst Washington State Department of Health Office of Financial Services 111 Israel Road SE,Tumwater,WA 98501 patrick.plumb@doh.wa.gov/(360)236-4291 Federal Funding Accountability and Transparency Act(FFATA) (Applies to federal grant awards.) This statement of work is supported by federalfunds that require compliance with the Federal Funding Accountability and Trans parency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®) number. Information about the LHJ and this statement of work will be made available on USASpending gov by DOH as required by P.L. 109-282. Program Specific Requirements Exhibit A,Statement of Work Page 3 of 4 Contract NumberCLH31019 Program Manual, Handbook,Policy References Emergency Response Plan(or equivalent) Medical Countermeasure/Mass Vaccination Plan Billing Requirements: Monthly invoices must be submitted timely to the regional IMT/Organization for review/approvalprior to submission to DOH for reimbursement. Contract Master Index(MI)Code:934V0200 General Mass Vaccination BARS Revenue Code:333.97.03 Mass Vaccination Reimbursement Special Instructions: The LHJ is considered a CONTRACTOR of DOH not a subrecipient forthis portion of the statement of work.An allocation of funds is not provided as these FEMA funds are only available as reimbursement of costs associated with implementation of the mass vaccination plan. Detailed documentation must be maintained as directed by the regional IMT/Organization and DOH to substantiate costs associated with these activities for submission to FEMA upon request by DOH. Eligible costs from the timeframe of January 1,2022 through April 1,2022 include facility rentals,medical and support staff forplanning,management,support,and operations;as well as wrap-around services forstaff(i.e., meals,travel,lodging). Regular and overtime pay associated with this project is allowable for all staff working underthis project and must be billed as a direct charge;timesheets are required documentation and must be available upon request by DOH. Indirect rates are not applicable to these funds.Eligible equipment includes facility infection control measures,personalprotective equipment(PPE), storage equipment,coo lers,freezers,temperature monitoringdevices,portable vaccine units for transportation,supplies such as emergency medical supplies(for emergency medicalcare needs that may aris a in the administration of the vaccine),containers for medical waste,as well as proper storage as needed for canisters of liquid nitrogen or dry ice.Eligible equipment purchase costs should not exceed$5,000 per piece.Equipment over$5,000 apiece must be preapproved by the IMT and should be leased rather than purchased.Any diversion from the list ofpre-approved expenses will require a narrative on the purchase rationale and will be subject to IMT approvalprior to reimbursement.Timesheets are required documentation for all activities related to this project.Stafftime-in/ time-out must be recorded,as well as a brief description of their activities. A general description of activities is acceptable f orthose working at the vaccine site; more detailed/specific description is required for those not working at the vaccine site. Exhibit A,Statement of Work Page 4 of 4 Contract NumberCLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Foundational Public Health Services (FPHS) - Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ❑ Federal<Select One> (check if applicable) ❑ Reimbursement ® State ❑ FFATA (Transparency Act) ® Periodic Distribution Period of Performance: January 1.2022 through June 30,2023 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW) is to specify how state funds for Foundational Public Health Services(FPHS) will be used for the period of performance. Per RCW 43.70.512,these funds are for the govemmentalpublic health system to.deliver FPHS services statewide in the most effective,efficient and equitablemannerpossble with the funds available. The FPHS Steering Committee with input from FPHS Subject Matter Expert(SME) Workgroups and the Tribal Technical Workgroup is the decision makingbody for FPHS. For the 2021—2023 biennium,the Steering Committee is using an iterative approach to decision making. Determining investments first for S FY22 (July 1,2021—June 30,2022), then forSFY23 (July 1,2022—June 30,2023). This means that additionaltasksand/or funds may be added to anLHJ'sFPHS SOW a s these decisions are made. These funds are to be used as directed and allocated by the FPHS Steering Committee. As the global COVID-19 pandemic and the public health response to it continues and begins to abate,these FPHS funds can be braided with and used to supplement other short-term pandemic response funding as needed forFPHS activities during this period of performance through 06/30/22. Respondingto pandemics,epidemics and public health emergencies are foundational services of the govemmentalpublic health system. Note: The totalbiennial funding allocation is for the period of July 1,2021 through June 30,2023. The 2021 —2023 biennial funding allocations will be divided into four six-month lump sum amounts that will be disbursed at the beginning of each six month period as follows: July 1,2021;January 1,2022; July 1,2022;January 1,2023. Each year,the July payment will be disbursed upon completion of the FPHS Annual Report. The SFY22 July 1,2021 disbursement of funds was completed in the 2018-2021 consolidated contract and is included in this statement of work for informational purposes only. FPHS funds must be spent in the state fiscal year(SFY) in which they are appropriated by the legislature, allocated,and disbursed.Legislative appropriations lapse at the end of each state fiscal year. (RCW 43.88.140) Spending and spending projections must be reported as required by the FPHS Steering Committee. Funds that are projected to be unspent by the close of the state fiscal year must be reallocated per the process developed by the FPHS Steering Committee to assure that all funds appropriated by the legislature can be spent by the govemmentalpublic health system to deliver FPHS within the yearthat the funds are appropriated. Unspent funds revert to the state treasury and must be returned to DOH by July 15th of each year for return to the Office of Financial Management. 2021—2023 Biennium •SFY22 (July 1,2021—June 30,2022) •SFY23 (July 1,2022—June 30,2023) Revision Purpose: N/A Exhibit A,Statement of Work Page 1 of 6 Contract NumberCLH31019 Master Assistance BARS Allocation Change Index Listing Revenue LHJ Funding Period Current g Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FPHS-LHJ-PROVISO (YR1) 99202111 N/A 336.04.25 01/01/22 06/30/22 0 761,000 761,000 Note:TotalYR1 allocation is forSFY22 07/01/21-06/30/22 FPHS-LHJ-PROVISO 2 99202112 N/A 336.04.25 07/01/22 06/30/23 0 761,000 761,000 0 0 0 0 0 0 p 0 0 0 0 0 TOTALS 0 1,522,000 1,522,000 BARS Funds to provide FPHS in: 21-23 Expenditure. FPHS Tasks/Activities/Short Description Your Other SFY22 5FY23 BIENNIUM Code 562.xx jurisdiction jurisdictions 10-17, All—CD, 20,21,23-29 EPH, CCC, Reinforcing Capacity(Assessment,CD,EPH, CCC) X 235,000 235,000 470,000 40-53,93 Assessment 10 Assessment CHA/CHIP X 30,000 30,000 60,000 20,21,23-29, CD Communicable Disease(CD) X 162,000 162,000 324,000 93 24 CD Hepatitis C X 103,000 103,000 206,000 40-53,93 EPH Environmental Public Health(EPH) X 231,000 231,000 462,000 TOTAL $761,000 $761,000 $1,522,000 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information # and/or Amount In coordination with FPHS Steering Committeeand Subject Routine reporting of spending and TBD Matter Expert(SME)workgroups FPHS funds areto be used to spending projections. Process and increase delivery of FPHS services statewide asmeasured reporting template TBD and provided by through FPHS annual reporting, indicators,metrics and other the FPHS Steering Committee via DOH. data compiled and analyzed by contractors,DOH and Subject Matter Expert(SME)Workgroups. Resuts are published in the FPHS annualreporting(template provided For SFY22 (07/01/21— Each year,the July annualFPHS Investment Report. FPHS indicator metrics by the FPHS Steering Committee via 06/30/22)dueby 08/15/22 payment will be disbursed available here. DOH). upon completion of the For SFY23 (07/01/22— FPHS Annual Report. 06/30/23)due by 08/15/23 Exhibit A,Statement of Work Page 2 of 6 Contract NumberCLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 1 Reinforcing Capacity—These funds are to each LHJ to deliver FPHS in their own jurisdiction—In coordination with the FPHS Steering Committee and Subject Matter Expert(SME)Workgroups, provide FPHS Communicable Disease(CD), Environmental Public Health(EPH), Assessment(Surveillance &Epidemiology)and/ or any or all of the other FPHS Cross-cutting Capabilities(CCC)as defined in the most current version of the FPHS definitions. Suggested BARS expenditure codes:652.xx- 10-17,20,21,23-29,40-53. 2 Assessment —CHA/CHIP (FPHS definitions G.3)—These funds are to each LHJ to deliver FPHS in their own jurisdiction—In coordination with the FPHS Steering Committee and Subject Matter Expert(SME) Workgroups,conduct and complete a comprehensive community health assessment and identify health priorities arising from that assessment,including analysis of health disparities and the social determinants of health as defined in the most current version of the FPHS definitions. • Conduct a local and/orregional comprehensive community health assessment(CHA)every three to five years in conjunction with community partners. • Develop a local and/orregional community health improvement plan(CHIP)in conjunction with community partners. These funds can be used for any CHA/CHIP activity or service (e.g., data analysis,focus groups,report writing, process facilitation)and may be used to contract with other LHJs for staff time or services. Coordinate with the Spokane Regional Health District to participate in County Health Insights. Suggested BARS expenditure codes:562.11. 3 Communicable Disease (CD) (FPHS definitions C.1, 2,3,4, 6)—These funds are to each LHJ to deliver FPHS in their own jurisdiction— In coordination with the FPHS Steering Committee and SubjectMatterExpert(SME) Workgroups,provide FPHS CD services as defined in the most current version of the FPHS definitions. These funds can(and actually are intended to)be braided with temporary pandemic emergency funding such that when those fund s run out,FPHS funds can be used to retain staff there were hired with pandemic emergency funds if the jurisdictions desires to retain them and/ortohire additional staff if needed and/orcontract with other LHJs for staff time or services for delivering FPHS CD. As the pandemic response wains, staff funded with FPHS funds are to shift focus to providing some or all or the FPHS CD services. This includes maintainingaccess to and use of data systems created during the pandemic and others under development and case investigation and contact tracingfor sexually transmitted disease and other communicable and notifiable conditions within the mandated timeframes. Empha sis should be placed on addressing syphilis and gonorrhea cases. 1. Provide timely, statewide,locally relevant and accurate information statewide and to communities on prevention and controlof communicable disease and other notifiable conditions. 2. Identify statewide and local community assets for the control of communicable diseases and othernotifiable conditions,develop and implement a prioritized control plan addressing communicable diseases and othernotifiable conditions and seek resources and advocate forhigh priority prevention and control policies and initiatives regarding communicable diseases and othernotifiable conditions. 3. Promote immunization through evidence-based strategies and collaboration with schools,health care providers and other community partners to increase immunization rates. 4. Ensure disease surveillance,investigation and controlfor communicable disease and notifiable conditions in accordance with local,state and federalmandates and guidelines. Suggested BARS expenditure codes:562.xx—20,21,23-29. 4 Communicable Disease—Hepatitis C(FPHS definitions C.4.o-p)—These funds are to select LHJs to deliver FPHS in their own jurisdiction.—In coordination with the FPHS Steering Committee and Subject Matter Expert(SME) Workgroups, address Hepatitis C cases in the jurisdiction per guidance developed by the statewide FPHS Communicable Disease Workgroup,including, but not limited to:shared priorities, standardized surveillance,minimum standards of practice,common metrics and staffingmodels. The allocation of these funds is based on burden of disease using the most current Hepatitis C data.Allocations will be revised biennially using updated data. Exhibit A,Statement of Work Page 3 of 6 Contract NumberCLH31019 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount The priorities for the 2021-2023 biennium(July 2021—June 2023): • Surveillance—entering labs into Washington Disease Reporting System(WDRS), enter acute cases into WDRS. • Investigation—focus on acute cases: people aged 35 or younger,newly diagnosed,pregnant women,people seen in the ED/inpatient,Black,Indigeno us and People of Color,or other historically marginalized population,and incorporate Hepatitis B work. Suggested BARS expenditure codes:562.24. 5 Environmental Public Health(EPH) (FPHS definitions B.3 &4)—These funds are to each LHJ to deliver services in their own jurisdiction. In coordination with the FPHS Steering Committee and Subject Matter Expert(SME) Workgroups,these funds are for each LHJ to deliver FPHS EPH services in their jurisdiction as defined in the most current version of the FPHS definitions and supplement existing funding specifically for: • Develop,implement and enforce laws,rules, policies and procedures for maintaining the health and safety of retail food service inspections and shellfish monitoring,that address environmentalpublic health concerns.(B.3.b) • Develop,implement and enforce laws,rules, policies and procedures for ensuring the health and safety ofwastewaterand facilities,including onsite septic design and inspections,wastewater treatment and reclaimed water,that address environmentalpublic health concerns.(B.3.e) • Develop,implement and enforce laws,rules, policies and procedures for ensuring the health and safety of solid waste and facilities,including hazardous waste streams(e.g. animalwaste,solid waste permitting and solid waste inspections),that address environmental public health con cems.(B.3.f) • Develop,implement and enforce laws,rules, policies and procedures for ensuring the health and safety of schools,including th rough education and plan review that address environmentalpublic health concerns.(B.3.g) These funds can be used to retain,hire and/or contract with other LHJs for staff time or services and for staff training as needed to provide the following FPHS EPH services that are not appropriately funded with fees. Each LHJ will be responsible to report on their progress on FPHS deliverables even if contracted with otherLHJs (FPHS funds are intended to build capacity and not intended to justify the reduction of existing fee revenue): • Food Safety(FPHS definitions B.3.b.)—Respond to food safety concerns that are not appropriately funded such as foodbome illness threats,requests for technical assistance and addressing new and emerging business models. Every local jurisdiction in Washington is expected to respond to foodbome illness outbreaks,food safety inquiries and provide preventative education for the general public and technical assistance. • Sewage Safety(FPHS definitions B.3.e-f)—Respond to sewage concerns and public health threats and provide technical assistance that are not appropriately funded to ensure that sewage is handled appropriately to limit potential exposure to sewage. Every local jurisdiction in Washington is expected to ensure sewage is properly managed.On-Site Septic (OSS) permitting, enforcement and providingtechnical assistance and education to OSS owners are fee funded activities and should be funded through fees or local government who sets the fees. These FPHS funds provide resources to support activities for which a fee cannot be charged such as:responding to OSS failures,surfacing sewage,OSS safety concerns,and similar issues. These fund s can also be used for concerns related to large on-site sewage systems,other OSS-related concerns that do not involve locally permittable systems,and other sewage-related issues, regardless of whether they are related to a fee-for-service activity.Examples of activities FPHS funds can be used for: o Work with partners to educate and inform public on OSS monitoring and maintenance o Work with the public,policy makers and partners to assess needs and develop plans and solutions for wastewatermanagement in their communities. o Respond to complaints,act as needed,and assure that failing OSS are identified and promptly repaired. o Conduct Pollution Identification and Correction(PIC)investigations where water quality is impaired to identify failing sept is systems and otherpollution sources. o Ensure that sewage from both OSS and other sources is adequately handled to create barriers to potential exposure to sewage. Exhibit A,Statement of Work Page 4 of 6 Contract NumberCLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount o Adequate qualified staff to evaluate proposals,inspect new installations and repairs,assess cause of OSS failure,and comply with requirements in state law. • Schools Safety(FPHS definition B.3.g) -Assure safe and effective learning environments for children attendingK-12 schools-public,private and parochial. Every local jurisdiction in Washington is expected to work collaboratively with DOH,ESDs and local school districts and use the modelprogram to assure consistency to regularly evaluate each K-12 for health and safety concerns and provide mandated services per WAC 246-366. Initial priorities include: o Build partnerships with school officials,local boards of education,parent teacher associations,education service districts, and other school focused entities. o Participate with statewide public health groups to standardize schoolprogram implementation. o Focus on schools that have not previously been inspected to assess current conditions o Focus on existing elementary schools for first phase of inspections program ■ Indoor Air Quality ■ Classroom ■ Healthy cleaning and indoor environments ■ Playground ■ Drinking water(lead) Suggested BARS expenditure codes:562.xx-40-53. DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site.Questions related to this SOW, or any other finance-related inquiry,may be sent to financeaa,doh.wa.gov. Program SRecific Requirements Program Manual, Handbook,Policy References: All FPHS Resources-www.doh.wa.p-ov/_fDhs or FPHS (Powered by Box Special References (i.e.,RCWs, WACs, etc.): Link to RCW 43.70.512-RCW 43 70 512:Public health system—FoundationajRublic health services Intent.(wa.aov) Link to RCW 43.70.515-RCW 43 70 515•Foundationalnublic health services—Funding- (wa eov) Definitions: FPHS Definitions -https://wsalpho.box.com/s/qb6ssl Omxbmix0fla742lw6zcfxzobk Special Instructions: There are two different BARS Revenue Codes for"state flexible funds"to be tracked separately and reported separately on yourannualBARS report. These two BARS Revenue Codes and definitions from the State Auditor's Office(SAO's) are listed below along with a link to the BARS Manual. 336.04.25 is the new BARS Revenue Code to use forthe Foundational Public Health Services (FPHS) funds included in this statement of work. 336.04.24-County Public Health Assistance Use this account forthe state distribution authorized by the 2013 2ESSB 5034,section 710.The local health jurisdictions are required to provide reports regarding expenditures to the legislature from this revenue source. T7.,1,1—+ n c+. +o,,, -f-4. 1%z1,,v Paee 5 of 6 Contract NumberCLH31019 336.04.25—Foundational Public Health Services Use this account forthe funding designated for the local health jurisdictions to provide a set of core services that govemm ent is responsible for in all communities in the WA state. This set of core services provides the foundation to support the work of the broaderpublic health system and community partners.At this time the funding from this account is for delivering ANY or all of the FPHS communicable disease services(listed above)and can also be used for the FP HS capabilities that support FPHS communicable disease services as defined in the most current version of FPHS Definitions. Public Health Budgeting, Accounting and Reporting System(BARS) Resources: www.doh.wa.g_ov/lhjfundine DOH Program Contact Marie Flake,Special Projects,Foundational Public Health Services, Washington State Department of Health Mobile Phone 360-951-7566/marie.flakeadoh.wa. ov Exhibit A,Statement of Work Page 6 of 6 Contract NumberCLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Maternal and Child Health Block Grant- Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Origi al Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ® Federal Subrecipient (check if applicable) ® Reimbursement ❑ State ®FFATA (Transparency Act) ❑ Fixed Price Period of Performance: January 1,2022 through Sel2tember30.2022 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW) is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY22 MCHBG LHJ CONTRACTS 78101221 93.994 333.93.99 01/O1/22 09/30/22 0 50,770 50,770 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 50,770 50,770 Task Activity Deliverables/Outcomes Due Date/Time Payment Information and/or Amount # Frame Maternal and Child Health Block Grant(MCHBG) Administration la Report actual expenditures forthe six-month period October Submit actual expenditures using the May27,2022 Reimbursement for actual costs,not to 1,2021 through March 31,2022 MCHBG Budget Workbook to DOH exceed total funding consideration. contractmana er Action Plan and Progress Reports must lb Develop 2022-2023 MCHBG Budget Workbook for October Submit MCHBG Budget Workbook to September9, only reflect activities paid for with funds 1,2022 through September 30,2023 using DOH provided DOH contractmanager 2022 provided in this statement of work for the template. specified funding period. See Program Specific Requirements and Special Billing Requirements. Implementation 2a Report activities and outcomes of 2022 MCHBG Action Submit quarterly Action Plan reports to January 15,2022 Reimbursement for actualcosts,not to Plan using DOH- provided template. DOH Contractmanager April 15,2022 exceed total funding consideration. Exhibit A,Statement of Work Page 1 of 3 Contract NumberCLH31019 Template Created September2021 Task Activity Deliverables/Outcomes Due F aatee//eTime Payment Information and/or Amount July 15,2022 Action Plan and Progress Reports must only reflect activities paid for with funds provided in this statement of work for the 2b Develop 2022-2023 MCHBGAction Plan for October 1, Submit MCHBG Action Plan to DOH Draft August 19, specified funding period. 2022 through September30,2023 using DOH-provided contract manager 2022 template. Final- September See Program Specific Requirements and 9,2022 S ecial Billing Requirements. Children and Youth with Special Health Care Needs (CYSHCN) 3a Complete Child Health Intake Form(CHIF)using the CHIF Submit CHIF data into Secure Access January 15,2022 Reimbursement for actualcosts,not to Automated System on all infants and children served by the Washington website: April 15,2022 exceed total funding consideration. CYSHCN Program as referenced in CYSHCN Program https://secureaccess.wa.gov July 15,2022 Action Plan and Progress Reports must guidance. only reflect activities paid for with funds 3b Identify unmet needs for CYSHCN on Medicaid and refer to Submit completed Health Services 30 days after provided in this statement of work for the DOH CYSHCN Program for approvalto access Diagnostic Authorization forms and Central forms are specified funding period. and Treatment funds to meet the need. Treatment Fund requests directly to the completed. CYSHCN Pro m as needed. See Program Specific Requirements and 3c Work with partnersto share updated local CYSHCN Review resources for your local area on September30, Special Billing Requirements. resources with Within Reach/Help Me Grow (HMG). ParentHelpl23.oreannually for 2022 accuracy and submit any updates to Within Reach. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,maybe sent to financena.doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA) (Applies to federal subrecipient funding.) This statement of work is supportedby federalfunds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Univers al Numbering System(DUNS®) number. Information about the LHJ and this statement of work will be made available on USASpending,gov by DOH as required by P.L. 109-282. Program Specific Requirements Program Manual, Handbook,Policy References: Children and Youth with Special Health Care Needs Manual- ht s://www.doh.wa. ov/ForPubficHeahhandHealtheareProviders/PubUcHealthS stemResourcesandServices/LocalHealthResourcesandTools/MatemalandChildHealthBlockGrand ChildrenandYouthWithSpecialHealthCareNeeds Health Services Authorization(HSA) Form http://www doh wa gov/Portals/l/Documents/Pubs/910-002-ApprovedHSA.docx Restrictions on Funds: Exhibit A,Statement of Work Page 2 of 3 Contract NumberCLH31019 I. At least 30%of federalTitle V funds must be used forpreventine and primary care services for children and at least 30%must be used services for children with special healthcare needs. [Social Security Law,Sec. 505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high risk pregnant women and infants,and otherpatient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of majormedical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. Payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds,such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low income mothers or children; and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law,Sec. 505 (1)(D)]. Monitoring Visits: Telephone calls with DOH contract manager as needed. Billing Requirements: Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable Al -1 A invoice voucher. Payment to completely expend the "Total Consideration"fora speck funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted quarterly by the 30th of each month following the quarterin which the expenditures were incurred and must be based on actual allowable program costs. Billing for services on a monthly fraction of the"Total Consideration"will not be accepted or approved. Special Instructions: Contact DOH contract managerbelow for approval of expenses not reflected in approved budget workbook. MCHBG funds may be expended on COVID-19 response activities that align with maternal and child health priorities. Examples may include: • Providing support in educatingthe MCH population about COVID-19 through partnerships with otherlocal agencies,medical providers,and health care organizations. • Working closely with state and local emergency preparedness staff to assure that the needs of the MCH population are represen ted. • Funding infrastructure that supports the response to COVID-19. For example,Public Health Nurses who are routinely supported through the Title V program may be able to be mobilized,using Title V funds or separate emergency funding,to support a call center or deliver health services. • Partnering with parent networks and health care providers to provide accurate and reliable information to all families. • Engaging community leaders,including faith-based leaders,to educate community members about strategies forpreventing illness Restrictions listed above continue to apply. Exhibit A,Statement of Work Page 3 of 3 Contract NumberCLH31019 Template Created September2021 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Office of Drinking Water Groin A Program -Effective Local Health Jurisdiction Name: Mason County Public Health January1.2022. Contract Number: CLH31019 SOW Type: Oriynal Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ®Federal Contractor (check if applicable) ❑ Reimbursement ® State ®FFATA (Transparency Act) ® Fixed Price Period of Performance: January 1.2022 through December 31.2022 ❑ Other ❑ Research&Develo ment Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems Revision Purpose: N/A Allocation Master Assistance BARS Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation SANITARY SURVEY FEES O-SW) SS-STATE 24232522 N/A 346.26.65 01/01/22 12/31/22 0 11,000 11,000 YR 24 SRF-LOCAL ASST 15% O-SW) SS 24239224 N/A 346.26.64 01/01/22 12/31/22 0 11,000 11,000 YR 24 SRF-LOCAL ASST 15% O-SW) TA 24239224 N/A 346.26.66 01/01/22 12/31/22 0 1,000 11000 0 0 0 0 0 0 0 0 0 TOTALS 0 23,000 23,000 Task Due Date/Time Payment Information and/or Amount # Activity Deliverables/Outcomes Frame y 1 Trained LHJ staff will conduct sanitary Provide Final* Sanitary Survey Reports Final Sanitary Upon ODW acceptance of the Final Sanitary Survey surveys of small community and non- to ODW Regional Office. Complete Survey Reports Report,the LHJ shall be paid$400 for each sanitary community Group A water systems Sanitary Survey Reports shall include: must be received by survey of a non-community system with three or fewer identified by the DOH Office of Drinking 1. Cover letter identifying significant the ODW Regional connections. Water(ODW) Regional Office. deficiencies,significant findings, Office within 30 observations,recommendations, calendar days of Upon ODW acceptance of the Final Sanitary Survey See Special Instructions fortask activity. and referrals for further ODW conducting the Report,the LHJ shall be paid$800 for each sanitary follow-up. sanitary survey. survey of a non-community system with four or more 2. Completed Small Water System connections and each community system. The purpose of this statement of work is to checklist. provide funding to the LHJ for conducting 3. Updated WaterFacilities Inventory Payment is inclusive of all associated costs such as sanitary surveys and providing technical (WFI). travel,lodging, per diem. assistance to small community and non- 4. Photos of water system with text community Group A water systems. identifying features Payment is authorized upon receipt and acceptance of Page 1 of 4 Contract NumberCLH31019 Exhibit A,Statement of Work Task Due Date/Time Payment Information and/or Amount # Activity Deliverables/Outcomes Frame y 5. Any other supporting documents. the Final Sanitary Survey Report within the 30-day deadline. *Final Reports reviewed and accepted by the ODW Regional Office. Late or incomplete reports may not be accepted for a ment. 2 Trained LHJ staff will conduct Special Provide completed SPI Report and any Completed SPI Upon acceptance of the completed SPI Report,the LHJ Purpose Investigations(SPI) of small supporting documents andphotos to Reports must be shall bepaid$800 for each SPI. community and non-community Group A ODW Regional Office. received by the water systems identified by the ODW ODW Regional Payment is inclusive of all associated costs such as Regional Office. Office within 2 travel,lodging, per diem. working days of the See Special Instructions fortask activity. service request. Payment is authorized upon receipt and acceptance of completed SPI Report within the 2-working day deadline. Late or incomplete reports maynotbe accepted for payment. 3 Trained LHJ staff will provide direct Provide completed TA Report and any Completed TA Upon acceptance of the completed TA Report,the LHJ technical assistance(TA) to small supporting documents and photos to Report must be shall be paid for each technicalassistanceactivity as community and non-community Group A ODW Regional Office. received by the follows: water systems identified by the ODW ODW Regional • Up to 3 hours of work: $250 Regional Office. Office within 30 . 3-6 hours of work: $500 calendar days of • More than 6 hours of work: $750 See Special Instructions fortask activity. providing technical assistance. Payment is inclusive of all associated costs such as consulting fee,travel,lodging, per diem. Payment is authorized upon receipt and acceptance of completed TA Report within the 30-day deadline. Late or incomplete reports may not be accepted for a ment. 4 LHJ staff performing the activities under For training attended in person,prior to Annually For training attended in person,LHJ shall be paid tasks 1,2 and attend periodic required attending the training,submit an mileage,per diem,lodging, and registration costs as survey training as directed by DOH. "Authorization for Travel(Non- approved on the pre-authorization form in accordance Employee)"DOH Form 710-013 to the with the current rates listed on the OFM Website See SpecialInstructions for ta sk a ctivity. ODW Program Contactforapproval(to ht!R://www.ofm.wa.gov/resources/tmvel.aM ensure enough funds are available). DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,may be sent to financeadoh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA) (Applies to federal grant awards.) Exhibit A,Statement of Work Page 2 of 4 Contract NumberCLH31019 Template September2021 This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Univers al Numbering System(DUNS(D) number. Information about the LHJ and this statement of work will be made available on USASRendine.gov by DOH as required by P.L. 109-282. Program Manual, Handbook,Policy References: Field Guide (DOH Publication 331-486). Special References: Chapter246-290 WAC is the set of rules that regulate Group A water systems. By this statement of work,ODW contracts with the LHJ to conduct sanitary surveys(and SPIs and provide technical assistance)for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys(and SPIs and provide technical assistance)for small community and non-community water systems with surface water sources, large water systems,and systems with complex treatment. LHJ staff assigned to perform activities under tasks 1,2, and 3 must be trained and approved by ODW prior to performing work. See special instructions under Task 4,below. Special Billing Requirements The LHJ shall submit quarterly invoices within 30 days following the end of the quarterin which work was completed,noting on the invoice the auarterand yearbeine billed for. Payment cannot exceed a maximum accumulative fee of$22,000 forTask 1,and$1,000 forTask 2,Task 3 and Task 4 combined during the contracting period,to be paid at the rates specified in the Payment Method/Amount section above. When invoicing forsanita1y surveys bill half to BARS Revenue Code 346 26 64 and half to BARS Revenue Code 346.26.65. When invoicing for Task 1, submit the list of WS Name,ID#,Amount Billed, Survey Date and Letter Date for which you are requesting payment. When invoicing for Task 2-3,submit the list of WS Name,ID#,TA Date and description of TA work performed,and Amount Billed. When invoicing for Task 4,submit receipts and the signed pre-authorization form fornon-employee travelto the ODW Program Contact below and a signed Al9-1A Invoice Voucher to DOH Grants Management,billing to BARS Revenue Code 346.26.66 under Technical Assistance (TA). Special Instructions Task 1 Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW. Detailed guidance is provided in the Field Guide for Sanitary Surveys,Special Purpose Investigations and Technical Assistance(Field Guide). The sanitary survey will include an evaluation of the following eight elements: source;treatment;distribution system;finished water storage;pumps,pump facilities and controls;monitoring,reporting and data verification;system management and operation;and certified operatorcompliance. If a system is more complex than anticipat ed or other significant issues arise,the LHJ may request ODW assistance. • No more than 3 surveys of non-community systems with three of fewer connection be completed between January 1,2022 and December 31,2022. • No more than 26 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,202 2 and December 31,2022. The process for assignment of surveys to the LHJ,notification of the water system,and ODW follow-up with unresponsive water systems;and otherroles and responsibilities of the LHJ are described in the Field Guide. Task 2 Trained LHJ staff will perform Special Purpose Investigations(SPIs)as assigned by ODW. SPIs are inspections to determine the cau se of positive coliform samples or the cause of other emergency conditions.SPIs may also include sanitary surveys of newly discovered Group A water systems.Additional detail about conducting SPIs is described in the Field Guide.The ODW Regional Office must authorize in advance any SPI conductedby LHJ staff. Exhibit A,Statement of Work Page 3 of 4 Contract Number CLH3 1019 Template September2021 Task 3 Trained LHJ staff will conduct Technical Assistance as assigned by ODW. Technical Assistance includes assisting water system personnel in completing work or verifying work has been addressed as required,requested,or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide.The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system. Task 4 LHJ staff assigned to perform activities under tasks 1,2,and 3 mustbe trained and approvedby ODW prior to performing work. If required trainings,workshops or meetings are not available,not scheduled,or if the LHJ staffperson is unable to attend these activities prior to conducting assigned tasks,the LHJ staff person may,with ODW approval,substitute other training activities to be determinedby ODW. Such substitute activities may include one-on-one training with ODW staff,co-surveys with ODW staff,or other activities as arranged and pre-approved by ODW. LHJ staff may not perform the activities undertasks 1,2,and 3 without completing the training that hasbeen arranged and approved by ODW. Exhibit A,Statement of Work Page 4 of 4 ContmetNumberCLH31019 Template September2021 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Office of Drinking Water GrouQB Programs -Effective Local Health Jurisdiction Name: Mason County Public Health Janua1y1.2022 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance pe of Payment ❑ Federal<Select One> (check if applicable) T Reimbursement Period of Performance: January ER State ❑ FFATA (Transparency Act) ®Fixed Price 1.2022 through June 30.2023 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW) is to provide financialsupport to LHJs implementing local Group B water systems programs. Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation GFS Group B(FO-SW) 24230103 N/A 334.04.90 01/01/22 06/30/22 0 6,469 6,469 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 1 0 6,469 6,469 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 1 Implement a PARTIAL Group B water system An executed jointplan of responsibility (JPR) with DOH January 1,2022 thru June Lump sum payment(See program.Reference DOH JPR#CLH24095-1 identifying responsibilities of PARTIAL Group B 30,2022 Special Billing program. Requirements) DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,may be sent to financeaa-,doh.wa.gov. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information maybe helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB) Standards/Measures that may apply can be found at: httn•//www nhaboard org/wo-content/ul2loads/PHAB-Standards-and-Measures-Version-1.O.pdf Special Billing Requirements: For January 1,2022—June 30,2022,the LHJ shall submit one invoice not later than June 30,2022 and payment cannot exceed a maximum cumulative fee of$6,469. Exhibit A,Statement of Work Page 1 of 1 Contract NumberCLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Office of ImmunizationCOVID-19 Vaccine- Local Health Jurisdiction Name: Mason CounlyPublic Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Origi al Revision#(for this SOW) Funding Source Federal Compliance Type of Payment 0 Federal Subrecipient (check if applicable) ®Reimbursement Period of Performance: January 1.2022 through June 30.2024 ❑ State ®FFATA (Transparency Act) El Fixed Price ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW) is to provide funding to conduct COVID-19 vaccine activities. Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation COVID19 Vaccines R4 74310230 93.268 333.93.26 01/01/22 06/30/24 0 354,803 354,803 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 354,803 354,803 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 3.A Identify activity/activities to support COVID vaccine response Summary of the engagement strategies to January 31,Annually Reimbursement for actual in your community,using the examples below as a guideline. be used with healthcare providers and costs incurred,not to other partners,and the locally identified exceed total funding Example 1:Develop and implement communication strategies population to be reached. consideration amount. with health care providers,community,and/or otherpa rtners to help build vaccine confidence broadly and among group s anticipated to receive early vaccination,as well as dispel vaccine misinformation.Document and provide a plan that shows the communication strategies used with health care providers and otherpartners and the locally identified population anticipated to reach. Exhibit A,Statement of Work Page 1 of 3 Contract Number CLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount Example 2:Engage in other vaccination planning activities such as partnership development,provider education, vaccination point of dispensing(POD) planning,tabletop exercises, engagement with communities,leaders,non- traditionalprovider,or vulnerable populations to develop strateigies to ensure equitable access to vaccination services 3.13 Implement the communication strategies or other activities, Mid-term written report describing June 30,Annually Reimbursement for actual working with health care providers and otherpartners to reach activity/activities and progress made to- costs incurred,not to the locally identified population,support providers in date and strategies used(template to be exceed totalfunding vaccination plans,and support equitable access to vaccination provided) consideration amount. services. 3.0 Catalog activities and conduct an evaluation of the strategies Final written report,showing the strategies December 31,Annually Reimbursement for actual used used and the final progress of the reach costs incurred,not to (template to be provided) exceed total funding consideration amount. 3.D As needed to meet community needs,expand operations to Quarterly reports summarizing quantity, March 3 1,Annually Reimbursement for actual increase vaccine throughput(i.e., providing vaccinations during type,and frequency of activities June 30,Annually costs incurred,not to evenings, overnight,and on weekends). Activities may include exceed total funding vaccine stake teams,mobile vaccine clinics, satellite clinics, consideration amount. temporary,or off-site clinics to travel and provide vaccination services in non-traditional settings,or to supplement the work of local health departments in underserved communities,and may include administration costs for other vaccines co- administered at the events.These activities maybe done by the local health department orin collaboration with community partners. see Restrictions on Funds below 3.E At the LHJ discretion,provide incentives to persons receiving a. LHJ Incentive Plan Proposal a. Prior to implementing Reimbursement for actual COVID vaccine,adhering to LHJ Guidancefor COVID b. Quarterly report that summarizes b. March 31,Annually costs incurred,not to InitiativesApplication requirements and allowable/unallowable quantity of incentives purchased and June 30,Annually exceed total funding use of federalfunds. distributed consideration amount. DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,maybe sent to financed—doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA) This statement of work is supportedby federalfunds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federalfunds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®) number. Information about the LHJ and this statement of work will be made available on USAbending.gov by DOH as required by P.L. 109-282. _ -1— 1 13 n-I �f"z Contract NumberCLH31019 Program Specific Requirements Restrictions on Funds (i.e.,disallowed expenses or activities,indirect costs,etc.): Coverage of co-administration costs for other vaccines administered at vaccination events doesNOT apply to the FEMA Mass Vaccination funding. Coverage of co- administration costs only applies to the vaccine funding(COVIDI9 Vaccine R4,MI 74310230)allocated forTask 3 of the consolidated contract. FEMA Mass Vaccination funding is only available to cover the costs for COVID vaccine administration and cannotbe used for co-administration costs of other vaccines. :w:+ n c+. +o.,,o + Page 3 of 3 Contract NumberCLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Tide: OSS IMP Implementation-Effective January 1.2022 Local Health Jurisdiction Name: Mason County Public Health Contract Number: CLH31019 SOW Type: Orig ial Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ❑ Federal<Select One> (check if applicable) 19 Reimbursement 19 State ❑ FFATA (Transparency Act) ❑ Fixed Price Period of Performance: January 1.2022 through December 31.2023 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work is to fund implementation of the on-site sewage system(OSS) local manamgenetplan(LMP). Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation WASTEWATER MANAGEMENT - GFS 26701100 N/A 334.04.93 01/01/22 06/30/22 0 15,000 15 000 WASTEWATER MANAGEMENT-GFS 26701100 N/A 334.04.93 07/01/22 06/30/23 0 60,000 60,000 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 75,000 75,000 Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information # ty and/or Amount 1 Local Management Plan Administration and Implementation Attend DOH-sponsored meetings. Report Due Date: $6,000 LHJ will participate in all grant-related meetings and conference Meet reporting requirements,including an June 15,2022 calls sponsoredby DOH. Final report will be submitted electronic copy of progress report and January 15,2023 including documents used or produced for grant activities. mapping data to include: June 15,2023 • Number of systems with known December 31,2023 system type. • Number of septic systems with Task is ongoing throughout current inspections. the project period. • Number of septic failures. 2 On-Site Education Educational Presentations Attended by greater than 10,000 people. Report Due Date: $31,500 2A.Mason County Public Health(MCPH)staff will host a booth June 15,2022 the first full weekend in October for Oysterfest. January 15,2023 June 15,2023 2B.Modify and print maintenance manuals to be handed out to December 31,2023 all new system owners,handout at educational presentations and Task is ongoing throughout are available to professional providers to give to their customers. I I the Proiect period. Exhibit A,Statement of Work Page 1 of 3 Contract Number CLH3 1019 Template Created September2021 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 3B.Twenty-five (25)$200 rebates for pumping or maintenance or$200 rebates forretrofitting tanks with risers and/or effluent filter. Each resident would be able to qualify for two 2 rebates 3 Operation and Maintenance (O&M) Notification to Track contacts and increase in Report Due Date: $18,750 Homeowners maintenance.Progress will be reported on June 15,2022 3A.Follow up on unsatisfactory maintenance reports and the report form. January 15,2023 complaints(75 unsatisfactory reports and 20 complaints per June 15,2023 month). December 31,2023 Task is ongoing throughout the project period. 4 O&M Database Management Progress will be reported on the report Report Due Date: $12,750 4A.Continue trathing and creating record drawings form. June 15,2022 January 15,2023 4B.Maintenance of the O&M database. June 15,2023 December 31,2023 Task is ongoing throughout the proiect period. 5 Enhance GIS On-site Sewage Data Layer Mapping data as outlined in the"Marine Report Due Date: $6,000 LHJ will continue to develop and update on-site sewage system Recovery Area (MRA)OSS Data June 15,2022 (OSS) and O&M data to enhance the Geographic Information Reporting Requirement"form. January 15,2023 Systems (GIS) OSS Layer. Work will be done by GIS staff. June 15,2023 December 31,2023 Taskis ongoing throughout the Proiect period. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,may be sent to financenadoh.wa.gov. Program Specific Requirements Restrictions on Funds: These funds canNOT be used for local match to federalgrants. State funds from the Aquatic Lands Enhancement Account mustbe used to implement elements and activities of the local on-site sewage management plans that do not conflict with and are consistent with the goals,strategies, objectives,and actions of the Puget Sound Action Agenda. Special References: WAC 246-272A and RCW 70A.110 Definitions: Exhibit A,Statement of Work Page 2 of 3 Contract NumberCLH31019 Failure: A condition of an on-site sewage system or component that threatens the public health by inadequately treating sewage or by creating a potential for director indirect contact between sewage and the public.Examples of failure include: (a)Sewage on the surface of the ground;(b)Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;(c)Sewage leaking from a sewage tank or collection system;(d)Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;(e)Inadequately treated effluent contaminating groundwater or surface water;or(f)Noncomplian ce with standards stipulated on the permit. Maintenance and Monitoring: The actions necessary to keep the on-site sewage system components functioning as designed.Periodic or continuous checking of anon-site sewage system,which is performed by observations and measurements,to determine if the system is functioning as intended and if system maintenance is needed.Monitoring also includes maintaining accurate records that document monitoring activities. Billing Requirements: 1. Billings are submitted on an A194 A form,which is provided by DOH. 2. A19-1A forms maybe submitted monthly and must be submitted bi-monthly at minimum. Special Instructions: Semi-annual progress reports,including marinerecovery area(MRA)mappingdata,are due to DOH via email to mail to:Roger.Parker Qdoh.wa.gov and taylor.warrenna.doh.wa.gov.Progress Report Due Dates: January 15,2022,June 15,2022,December 31,2022 June 15,2023 and December 31,2023. The report format will be provided by DOH and maybe modified throughout the contract period via email announcement. Exhibit A,Statement of Work Page 3 of 3 Contract Number CLH3 1019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Recreational Shellfish Activities - Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Ori&a Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ❑ Federal<Select One> (check if applicable) Reimbursement ® State ❑ FFATA (Transparency Act) ❑ Fixed Price Period of Performance: January 1.2022 through June 30.2023 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW) is to provide funds for shellfish harvesting safety. Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation Rec.Shellfish/Biotoxin 26402600 N/A 334.04.93 01/01/22 06/30/23 0 5,250 5,250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 5,250 5,250 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 1 Biotoxin Monitoring Submit annualreport on DOH approved Email Report to DOH by $4,800 • Collect monitoring samples on schedule according to format of activities for the year,including February 15,2023 Department of Health(DOH) Biotoxin Monitoring Plan, the number of sites monitored and samples coordinate deviations from the schedule with DOH,notify collected,and number and names of (See Special Instructions DOH in advance if samples cannot be collected. beaches posted with signs. below.) • Conduct emergency biotoxin sampling when needed. • Post/remove recreational shellfish warning and/or classification signs on beaches and restock cages as needed. • Issue biotoxin news releases during biotoxin closures in Mason County. • This task may also include recruiting, training, and coordination of volunteers,and fuel reimbursement funds for volunteer biotoxin monitoring. Exhibit A,Statement of Work Page 1 of 2 Contract NumberCLH31019 Task Payment Information # Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount Outreach Submit annualreport including the Email Report to DOH by $450 • Staff educational booths at local events. numberof events staffed and amount of February 15,2023 • Distribute safe shellfish harvesting information. educational materials distributed. (See Special Instructions below. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,may be sent to fmancena,doh.wa.gov. Program Specific Requirements Program Manual, Handbook,Policy References: Department of Health'sBiotoxin Monitoring Plan Special References (i.e.,RCWs, WACs, etc.): Chapter246-280 WAC http•//www doh wa iov/CommunityandEnvironment/Shellfish/RecreationalShellfisb httl2://www.doh.wa.p-ov/AboutUs/Pro gram sandServices/EnvironmentalPubbcHealth/EnvironmentalHealthandSafety/ShellfishProgram/Bio toxins Billing Requirements: 1. Billings are submitted on an Al9-lA form,which is provided by DOH. 2. Al9-1A forms maybe submitted monthly and must be submitted bi-monthly at minimum. Special Instructions: Report for work performed in 2022 mustbe submittedvia email to Liz Maier Lhz.maier(@doh.wa.gov)by February 15,2023. The report format will be provided by DOH and maybe modified throughout the period of performance via email announcement. Exhibit A,Statement of Work Page 2 of 2 Contract NumberCLH31019 EXHIBIT B-1 Mason County Public Health ALLOCATIONS Contract Number: CLH31019 Contract Term:2022-2024 Date: January 1,2022 Indirect Rate as of January 1,2022:12.03% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total COVID19 Vaccines R4 NH23IP922619 Amd 1 93.268 333.93.26 01/01/22 06/30/24 07/01/20 06/30/24 $354,803 $354,803 $354,8 FFY22 MCHBG LHJ Contracts B0445251 Amd 1 93.994 333.93.99 01/01/22 09/30/22 10/01/21 09/30/22 $50,770 $50,770 $50,770 GFS-Group B(FO-SW) Amd 1 N/A 334.04.90 01/01/22 06/30/22 07/01/21 06/30/22 $6,469 $6,469 $6,469 Ree Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/01/22 06/30/23 07/01/21 06/30/23 $5,250 $5,250 $5,250 Wastewater Management-GFS Amd 1 N/A 334.04.93 07/01/22 06/30/23 07/01/21 06/30/23 $60,000 $60,000 $75,000 Wastewater Management-GFS Amd1 N/A 334.04.93 07/01/22 06/30/23 07/01/21 06/30/23 $15,000 $15,000 FPHS-LHJ-Proviso(YR2) Amd 1 N/A 336.04.25 07/01/22 06/30/23 07/01/21 06/30/23 $761,000 $761,000 $1,522,000 FPHS-LHJ-Proviso(YRI) Amd 1 N/A 336.04.25 01/01/22 06/30/22 07/01/21 06/30/23 $761,000 $761,000 YR24 SRF-Local Asst(15%)(FO-SW)SS Amd 1 N/A 346.26.64 01/01/22 12/31/22 07/01/21 06/30/23 $11,000 $11,000 $11,000 Sanitary Survey Fees(FO-SW)SS-State Amd 1 N/A 346.26.65 01/01/22 12/31/22 07/01/21 06/30/23 $11,000 $11,000 $11,000 YR24 SRF-Local Asst(15%)(FO-SW)TA Amd 1 N/A 346.26.66 01/01/22 12/31/22 07/01/21 06/30/23 $1,000 $1,000 $1,000 TOTAL $2,037,292 $2,037,292 Total consideration: $0 GRAND TOTAL $2,037,292 $29037,292 GRAND TOTAL $2,037,292 Total Fed $405,573 Total State $1,631,719 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Page 1 of I 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: February 15, 2022 Agenda Item # 8 14 BRIEFING DATE: January 31, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Levy Certification for 2022 BACKGROUND: The County Road Administration Board (CRAB) annually requests that every county legislative authority submit a certification showing the amount of the road levy fixed and the amount, if any, budgeted in accordance with RCW 36.33.220 for traffic law enforcement, and/or any other purpose from diverted road levy. RECOMMENDED ACTION: Recommend the Board authorize the Chair to execute the Road Levy Certification for 2022. ATTACHMENTS: 1. Certification Mason County Certification of the 2022 Road Levy:and Estimated Revenue.Produced WAC 136-150-071 Total County Valuation: $10,977,776,I22 Road District Valuation: $10,040 331,660 HighestLawfuI Road Levy: $14567J19 Line L,Highest Lawful Levy Calculation form,DOR fans REV 64-0007(7/3042019) County Road Levy Shifted to Current Expense(per RCw 84.32:043). `$1,080,000 Adjusted Highest Lawful Road Levy: $10,487,119 Actual Adopted/Established Road.Levy: (Levy Fixed in Accordance with RCW 36.40,A90) $10,258,722 Do not include any refund levy amounts Banked Capacity to Carryover to 2023: (Road District Only) $228;397 County Road Property Tax Revenues Diverted For Other Unincorporated Purposes in Accordance with RCW 3633.220,RCFV 3919,or RCW 84.55.050: Service to be Provided Diverted Sr ousaud Diverted Levy Amount Traffic Law Enforcement RCW 36.33 220 01.07566 $1,080,000 Total Diverted Road Levy: 30.107566 $1,080,000 Road bevy Revenue Remaining for Roads 0 914185 $9,178,721 (RCW_36.82.040) Raad Funds Budgeted to be used for Traffic law)<',nforcement Traffic Law Enforcement Funded Through Operating Transfer(per agreement):$0 Traffic,Law Enforcement Funded Through Direct Payment(cost,reinnbursemeut):.$0 Total Budgeted Road Fund Expenditures for Traffic Enforcement:$0 Reporting of Diverted Road Levy and budgeted Road Fund Expenditures for Traffic Law Enforcement amounts are both required in order to ascertain county eligibility for RATA funds.(see WAC 136;150-030) Note;WAC 136 150-031 provides that-Me CRA$osrd will retlnest t}tat every county legislative authority submit a certification showing the amount of the road levy fixed and the amount;if any,budgeted in accordance with RCW 36.33.226 for traffic law enforcement and/or any other purpose from diverted road. levy no later than February I st of each year". Mason County Calendar Year 2022 Digital Submittal Certification for Forms Due February 1st The documents checked below are hereby submitted from Mason County for the review and acceptance of the County Road Administration Board. Road bevy Certification for 2022 I hereby certify that the above reports are true and accurate and that I have reviewed,approved,and submitted said reports to the County Road Administration Board in accordance with WAC 136-04.By my signature below,I. acknowledge that I am signing all the documents indicated by the checked boxes. Chair/Executive Signature Date County 4neer Signature Date 2, -v 1 --2 2 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: February 15, 2022 Agenda Item # BRIEFING DATE: January 31, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase of two pup trailers BACKGROUND: Public Works is looking to acquire two (2) new pup trailers. Currently, the Road Operations and Maintenance Division has nine (9) trucks and only two (2) pup trailers. The additional pup trailers will allow the division to utilize more trucks to haul additional material to jobs sites saving the County time and money on trucking operations. The purchase will be from OSW Equipment & Repair, LLC, out of Woodinville, WA and off of Washington State Contract No. 01117 for a price of $93,641.63 each (total $187,283.26 plus tax). RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure a two (2) equipment trailers from OSW Equipment & Repair, LLC, off of the Washington State Contract for $187,283.26 plus tax. Attachments: 1. Sale Quote 2. Pup Trailer Picture OSW Equipment & Repair, LLC Quote Number: 3 axle steel trailer Pete Medcalf Customer: Mason County Date: 1/24/2022 Salesperson: Brad Sturman Phone: Cell: (206) 818-9534 Payment Contact: Bsturman@oswequipment.com E-Mail: Job # Quantity Description Unit Price Total 2 2022 OSW DS36SA 43HT»Steel Body on a 3 Axle Trailer w Turntable $ 93,641.63 187,283.26 Installed To Match Following Spec STATE OF WA CONTRACT#01117 OPTION: For disc brakes Add $ 1750.00 per axle Pricing does not include any applicable taxes required by Mason County Late Chassis Delivery Will Delay Build Start Any Modification or Relocation to Frame Components will be Charged Back on a "Time&Material Rate" All OSW Specifications will be STANDARD Build, Unless Stated or NOTED in Received Specification Sheet *Trucks With Low Fuel Will Have a $250 Additional Charge* Customer Signature: Sub Total: $187,283.26 Date: 7.8% PO#: F.E.T 12% Quote is good for 7 DAYS.25%Deposit Is Required with Order. Quote Total $187,283.26 Due to the Current Volatility of the Market and the Rising Cost of Materials,Final Price is Subject to Change 25% Deposit Without Notice.A Surcharge may be Added to Final Sale Price Prior to Delivery Balance COD $187,283.26 Payment in Full Upon Completion.F.O.B.Woodinville,WA By Signing, Purchaser Agrees to Terms and Conditions Located at: https://oswequipment.com/terms-and-conditions/ 1 of 4 Customer PO R11302021 OSW Equipment & Repair, LLC OSW 3 AXLE W/1ST AXLE ON TURN TABLE STEEL BOX PONY TRAILER MODEL DS36SA-ST Trailer Chassis Initial Frame: 1/4" Grade 80 C-Channel Frame & 5/16" Tongue Rails Turntable: 26,000/bs Capacity;Provides 24 Degrees of Turn Each Way Turntable 2-30130 Brake Cans Actuated Rods into Reinforced Holes in Turntable Lock System: Sub Assembly Holes Only Line Up with Their Respective Rods to Prevent Lock In Any Other Position Except Straight Tongue Hinge: (2)Hinges with Poly Bushings Welded& Gusseted to Both Frame& Tongue Rails Tongue: Air Slide. 3/8" x 8" x 8" Square Tube(STD) With Housed Reach locks Tongue Jack: Top Wind Jack Mounted Roadside on Tongue Rail Tongue Eye: Premier207L with Poly Bushings Hoist: to Match Body Length Rear Hinges: Heavy Duty I"Ears&2"4140Pins Axles: (3) - 77.5" Drum 22,500 lbs. (STD) ABS: Haldex 2151M Ant/lock Braking System Suspension: Hutch CH9700 Flange Mount Cast Steel Hangers Front Turn Table Axle:3 Leaf High Arch Springs Rear Axles.,3 Leaf Low Arch S rin s Tires: (6) - 385/65R22.5 Radial Wheels: (6) - 12,25" x 22.5" Non Polished Aluminum Wheels Lights All Lights are LED&Mounted in Rubber Grommets Rear Crossmember: 2) - 4" Lights and 1) License Plate Light in Rear Cross Member. 3 - 2" ICC Cluster Lights Centered Atop the Rear Cross Member. Tongue Tube: 1 - Constant Flashing Light Atop the Tongue Tube Add Lights: NO Steps: (1) -Tongue Rail Step Driver Side Flaps: Mud Flaps Front&Rear of Axles Paint: OSW Black(STD) P.O.Box 1651 Woodinville,WA 98072 425-483-9863`www.oswequipment.com 2 of 4 DS36SA-ST 15' 6" Steel Square Trailer Body Initial Floor 3/16" AR450 Steel (STD) Sides: 10GA GR50 Outer& 10GA GR50 Inner Wall (DW) Side Height: 39" Top Rails TOGA GR50 Steel Bulkhead: 3/16" AR450 Steel (STD) Corrugation: YES Tarp System: "LC" Electric Tarp - Pull Tarp Brand Mount Location: High Tarp Material: Mesh Tarp Color: N/A Integrated Housing: N/A Housing Location: Top Mount Motor Location: Left Hand (STD) Hi Lift: NO Tailgate: TOGA Inner& 10GA Outer(DW) Horizontal Channels are Formed Into the Outer Wall-Hinged at Top with 1.25"Pins 90'-Add a Shed Angle to Top of Tailgate Haz Locks: 0 Tailgate Opener: NO Tailgate Locks: 25"x6"Air Operated Cylinder Longitudinals 3/16" GR50 Steel 6" (STD) Corner Posts: 3/16" GR50 Steel (STD) Dog House: 3/16" AR450 Steel (STD) Spreader Chains: 2 318"HD Chains Welded to Underside of Rear Cross Member. Chains Hook to Slotted Brackets on Tailgate Side Boards:— Brackets with 4"x10" Lumber 16'6" Body and Shorter Lights: ICC/DOT Legal Lights Grommet Mounted LED's (2)2"Red Marker Per Corner Post (2)Stop, Turn, Tail Light Per Side ABS Light is Forward Facing in Driver Side Corner Post Marker Lights: 1 Per Side 2 Total STD) Add Lights: NO Backup Camera: NO Mud Flaps: OSW 30"Heavy Duty Rubber Flaps Mounted on Front&Rear P.O.Box 1651 Woodinville,WA 98072 425-483-9863—www.oswequipment.com 3 of 4 DS36SA-ST R11�n?n7', 15' 6" Steel Square Trailer Body Initial Steps& Handles: (2) - Steps on Outer Bulkhead and (1) - Inner Front Corner Fold Down Ladder: NO Paint: OSW Silver(STD) Delivery Date Desired: Additional Body Notes: All OSW Specifications Will Be STANDARD Build, Unless Stated Above or NOTED in Received "Printed Specification Sheet." Items Involving Engineering May Require Longer Build Time. Name Date P.O.Box 1651 Woodinville,WA 98072 425-483-9863—www.oswequipment.com 4 of 4 DS36SA-ST 3-AXEL PUP TRAILER WITHOUT TURNTABLE PICTURED r . .. r.rym z� r `p • LJ , I a+. I► MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Peter Jones Action Agenda: X Public Hearing: Other: Department: Indigent Defense Ext: 280 Date: February 15, 2022 Agenda Item # 8. 1-- (Commissioner staff to com lete Briefing Date: January 31, 2022 Briefing Presented By: Peter Jones [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of the contracts for both District Court and Superior Court for continued services with Sound Defenders for conflict and overflow cases. Background: This will extend the date of an already existing contracts with Sound Defenders. Budget Impact(s): None, this is already accounted for in the 2022 budget. Recommended Action: Approval of the contracts for both District Court and Superior Court for continued services with Sound Defenders for conflict and overflow cases. Attachment(s): Contracts for District Court and Superior Court services with Sound Defenders. MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County District Court; and WHEREAS. CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW. THEREFORE. for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County District Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply A. Unless otherwise provided in "B" below. for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of $50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2022 and will end on December 31. 2022 or sooner as determined by COUNTY following a thirty (30) day written notice. I Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties: provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B." by documentation of units of work actually performed and amounts earned, including, where appropriate. the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, sc as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required. COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly. in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law. the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any.. and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income. or personal property to which COUNTY does not hold title COUNTY is exempt from Federal Excise Tax Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may. upon written notice. withhold from amounts otherwise due and payable to CONTRACTOR. without penalty. until such failure to perform is cured or otherwise adjudicated Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages. provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions. in accordance with RCW 39.12.040, the Prevailing Wage Act, the Americans with Disabilities Act of 1990, the Davis-Bacon Act, and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay. and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay. sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense. including, but not limited to, settlements, judgments. setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual. firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review. within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment. prices or options for future acquisition to remain in effect for a fixed period. or warranties. Defense and Indemnity Contract: A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers. harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers, or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT. are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County — No Waiver. COUNTY reserves the right. but not the obligation. to participate in the defense of any claim, damages. losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion. expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State. County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee. as COUNTY's representative. hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT. including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peteri ,co.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: Po fox Iq�� , �ht,lt � �\ia G 5� Van S o ILY1&ak{fan U�� Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: 1O EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140,08, case law. and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message. i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense prior to 12/31/17. F CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance. i.e., a one-half contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews. restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records. CONTRACTOR will provide a detailed list of new monthly appointments including: case number, defendant's name and date of appointment. C Because case assignment and resolution is not a static process during a year. CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice. if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of three thousand, three hundred ($3,300) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid- month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below. in addition to the base monthly base compensation, CONTRACTOR shall be paid $250.00 for the first day of trial and $125.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of $150.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR. and include, but are. not limited to, support staff, telephones, law library, financial accounting, case management software systems. computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract. at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of $50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number: detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total: and any additional applicable information. B. Submit via e-mail or hard copy as preferred to. Sonya Asche Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 saa(a)co.mason.wa.us C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date. continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County Superior Court, and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1 Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County Superior Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of $50 per hour through the conclusion of the case. subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services w 11 be provided. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services." during the CONTRACT period No material, labor or facilities will be furnished by COUNTY. unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2022 and will end on December 31, 2022 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties: provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B." by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law. the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year. if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law The CONTRACTOR must pay all other taxes, including, but not limited to. Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice. withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: 3 The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment. COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color. creed, religion, national origin, sex; age, marital status, sexual orientation, disability, or veteran status: or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT: or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY.. and CONTRACTOR further promises that it will not in the future, directly or indirectly. induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements. judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to. on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County. State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY its officers, agents and employees. CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act. for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR This waiver is mutually negotiated by the parties to this CONTRACT CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR. unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to. any representation made prior to execution of this CONTRACT. whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract i A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers: or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT. or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws. rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing. certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints. and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee. as COUNTY's representative. hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT. including COUNTY's right to receive and act on all reports and documents. and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peter'(cDco.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: S, OU-\ -M S"f,I- P D P)OX ffl�, 9� (tom . WAv G K5 N �l , (�to8 • b5s� Scar @� Gown d d enders, cvm Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated; the records. orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible. the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision). and consistent with the provisions hereinabove. any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance. shall be determined by arbitration in Shelton. Washington. under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date, provided. that either party may decline to mediate and proceed with arbitration. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid. such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies. procedures. federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: bl105 2Q a- Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: i�i EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 6 unweighted felony appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews. restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. 2. CONTRACTOR shall not be assigned more than two (2) Class-A felony cases, or two (2) offenses that are "most serious offenses" as defined in RCW 9.94A.030(33) in the space of a single month, regardless of case count. 3. Contractor shall not be assigned any "serious violent offense" under this contract as that term is defined in RCW 9.94A.030(46). 4. Contractor shall not be assigned any Class-A sex offense case. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records. CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice. if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of four thousand, Four Hundred ($4,400) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid- month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $350.00 for the first day of trial and $150.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of $250.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR. PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access. office space.. supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of $50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name. address, phone number and e-mail; case name, case number: detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation: total number of hours and/or trial/motion days: invoice total, and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Sonya Asche Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 saano,co.mason.wa.us C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 I i MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Diane Zoren Action Agenda: Public Hearing: X Other: Department: Support Services Ext: 747 Date: February 15, 2022 Agenda Item # 10.1 Commissioner staff to complete) Briefing Date: January 24, 2022 Briefing Presented By: Support Services [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Public Hearing to take public comment on the updated 2022-2027 Mason County Parks, Recreation, Open Space, and Trails (PROST) Plan. Background: The County entered into a services contract for the Mason County Parks and Trails comprehensive plan update 2022-2027 with Robert W Droll, Landscape Architect, PS (RWD Landscape Architects). The draft comprehensive plan (PROST— Parks, Recreation, Open Space, and Trails) will be interfaced into the County's Comprehensive Plan and will make Mason County eligible for Washington State Recreation and Conservation Office (RCO) grant funding. This information will also be used to update the County Capital Facilities Plan. The draft PROST is available on the Mason County website at: https://masoncounWya.gov/forms/parks/PROST-Draft-February-2022.pdf RWD Landscape Architects conducted a parks survey and interactive virtual workshop to gather public input on what the community prioritizes for parks and recreation. The top comments from this survey included nature trails, maintain the existing parks and trails, and water access. Survey results are available on the Mason County website at: https://masoncount ma.gov/forms/parks/parks-survey-results- 12132021.pdf The Parks Advisory Board have met several times since August and have prioritized a list of capital improvement projects provided by RWD Landscape Architects. Budget Impact(s): RWD Landscape Architect contract $48k and Public Hearing costs. Recommended Action: Approval of the 2022-2027 Mason County Parks, Recreation, Open Space, and Trails (PROST) Plan. Attachment(s): Survey results County Parks and Recreation Needs HOW STRONGLY DO YOU AGREE OR DISAGREE WITH EACH OF THE FOLLOWING STATEMENTS? The County needs... ■Strongly Agree ■Agree No Preference ■ Disagree ■Strongly Disagree Undeveloped Natural Areas/Open Space Urban Trails/Sidewalks (Non-Motorized) Water Access Facilities(Boat Ramps,Piers,Beaches,etc.) Support Amenities Youth Programs/Camps Picnic Areas/ Shade Structures Community Center/ Indoor Facilities Splash/Spray Park Off-Leash Dog Park Amenity-Specific Parking Sport Courts(Basketball, Tennis,Pickleball,etc.) Ball Fields(Soccer, Baseball,Football,etc.) Sports Leagues (18 and Over) 0 20 40 60 80 100 percent of respondents Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 1 Trail Project Prioritization WHICH OF THESE PLANNED/PROPOSED TRAIL PROJECTS SHOULD THE COUNTY PRIORITIZE? SHELTON TO BELFAIR TRAIL 29% MASON LAKE PARK TO TWANOH STATE PARK 27% BELFAIR TO ALLYN TRAIL 22% KENNEDY CREEK SALMON TRAIL EXTENSION 20% SWEETWATER CREEK WATER WHEEL TRAIL 17% rplanlned4Shelton SHELTON TO MCRA PARK TRAIL 17% ondents identified the NORTH BAY TRAIL-ALLYN TO CASE INLET 11% to Belfair Trail as a high-priority trail project CAMP GOVEY TRAIL 10% for Mason County NORTH BAY TRAIL 4% MENARDS LANDING TO HARVEY RENDSLAND PARK TRAIL 3% 0 50 100 150 200 250 number of respondents WHERE SHOULD THE COUNTY FOCUS ITS RESOURCES FOR MAINTAINING AND CONSTRUCTING TRAILS? NATURE TRAILS(SOFT SURFACE) 46% LINKS TO EXISTING TRAILS (TRAILS NETWORK) 40% PAVED TRAILS FOR WALKING AND BIKING 32% LONG DISTANCE TRAILS(5+ MILES) 31% rna'ture REGIONAL TRAIL CORRIDOR LINKS 20% pondents identified rails as a priority for EXERCISE TRAILS 19% trail construction and maintenance resources TRAILS THAT IMPROVE ROUTES TO SCHOOLS 9% EQUESTRIAN TRAILS 4% 0 50 100 150 200 250 300 350 400 number of respondents Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 2 Resource Distribution OVER THE NEXT 10 YEARS,HOW SHOULD THE COUNTY DISTRIBUTE ITS PARKS& RECREATION RESOURCES? ACQUISITION AND/OR DEVELOPMENT OF WALKING AND BIKING TRAILS 21.0 MAINTENANCE/IMPROVEMENTS OF EXISTING PARKS AND FACILITIES 20.0 ACQUISITION AND/OR DEVELOPMENT OF SITES TO ACCESS WATERBODIES 16.7 ACQUISITION OF NEW PARK LAND OR NATURAL AREAS 12.8 DEVELOPMENT OF NEW PARK FACILITIES(PLAYGROUNDS,SHELTERS,ETC.) 10.8 CONSTRUCTION OF NEW ATHLETIC FACILITIES(FIELDS,COURTS,ETC.) 7.5 0 5 10 15 20 25 average value assigned (out of 100%) Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 3 Open-Ended Comments IS THERE ANYTHING ELSE YOU'D LIKE TO SHARE? F660s41 �' � -� �)C-'L `oM "'VehiclesDedicate{D T' �' Continue ;,� ro �, �, Creek _ s0«er L ol��= m Q}E �`a' va's� 1wHereir { e e m X k (�� -JBeaches E "'' ��a � . v'g X a i -Looks (U i1c: �,Dnra°Current Students Near , Heard -lud Zix*9; — T<i,l�., sRt ral'L c�ye, Q Green Fami�l �g .� �, �P, t ian�E �� Good �oy Fit - Y o es ,� 0 CYl mm u nii t �..Et � ��� Really �- KrtowMen3 V1/a=lko E N Dcub.r C t cal' '41 '' ; .�.. i' '�"� �--'t�-�i .. i i �,1 V i tdnt: •ed n Earliel ES a loll _ ;O j sGrantN�L paceQ� .tn,� Over p � v Ho sebacl Z ���; v1m Signage ;x9(� V rwa•ue.e cLlt�v . ,� �.� „Eri1�,Y - V� P lace k Yea rj one Fietd "' y �. Canalran9e �Cr fyE� I ;e iC y ".n Addition ,, o¢_0LoeaP 3VJ1� o �� . ��s.eHOOd: Hiking I„ <. Lot _ o L _ v � -� Pease n aaJ ea[nroems U p _ '--' $ N Y ..:�' :� :. v J ��' O v' `� VISItOr suet .� „� C C' f n 'Fl;l;n�� Consider a,~ lJ �1e L W. <� N,'', O , C Rcw � =' Q,~Differe'nt ~ �" v 4�—a C �sTry . - � � Fee l �-`� 'I��l� _, p Full �.. gUS�y•teaT� e,. ��., t'Lj - (� I`^ ram- LN o =_• �� Recr,,eation 1 1= >1 v `I >. z - `� Ice , ` Harstine f J J V Long. Priority CareSu`rve - .a� Concern, Z3 L ° s;<<Briri j°�d o LL4� .L Unioni�i�'_, 4"� Q t:,� Hours.._�,a Golf > s��L'1e Sunset U Se ,;ooc5� �'Ht,9ec Ar u n V1 —gip Road Hey ' ��' <Friendly� 0 d Boti, Address) •J :•e. Outdolo Fajt.,,.,,,, .lt' p�� aecl.lclfu�' T ,N;ice Couise Resource.00a �� e'Wany un rea M,ore MAINTENANCE/IMPROVEMENTS/SAFET`(NEEDS 15% WALKING/BIKING TRAILS 1.4% HORSE-FRIENDLY FACILITIES 14% OTHER FACILITY TYPES 13% WATER ACCESS 8% AVAILABILITY OF PARKS INFORMATION 8% OPEN SPACE ACQUISITION 7% PRESERVATION/NATURE 6% STAFFING/FUNDING NEEDS 5% COMMUNITY SPACES/ACCESSIBILITY 5% CONNECTIONS TO FACILITIES UNDER OTHER OWNERSHIP 3% 0 5 10 15 20 number of respondents Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Surrey Results 4 Open-Ended Comments MAINTENANCE/IMPROVEMENTS/SAFETY NEEDS I think utilizing the parks we ul .:ady have could be helpful as well... Public WiFi would likely help attract visitors as well." "Take care of what we have already paid for." "Safety is my biggest concern when going to parks!" "Security of parks during evening hours via locked gates to prevent vehicles entering parks. Maybe it would cut down on vandalism, drinking, drugs and traffic in parks and the neighborhoods adjacent to parks." WALKING/BIKING TRAILS "I would love to see more biking trails. Many parks have walking trails that could double as biking trails but it seems frowned upon. I think some simple signage would make these trails more inclusive to biking." "Sidewalks and/or trails along highways especially northshore into town - a lot of people walk and it is dangerous." "Need more cycling trails, please! The roads as they exist are not safe riding places. Would love to see a Belfair to Shelton trail that allows cycling." HORSE-FRIENDLY FACILITIES _,)r allowing for inL . ci trails/facilities a necessity for Mason County." "Consider horseback riding and establish more areas (or develop a partnership with those who own areas, like Green Diamond and DNR) to offer safe, maintained trails for the equestrians in your community." OTHER FACILITY TYPES "Consider c, velopment of disc golf in Mason County. It's a rapidly growing support that has a strong foundation in the community thanks to the Shelton Springs course. Disc golf fits in with Pacific Northwest culture and brings in visitors." "RV camping and long term rental spots is at an all time high demand. Mason County should be taking advantage of its natural attractions to attract these campers." "Unleashed dog park." 'A shooting sports facility would promote safe recreational shooting across the entire county as well as provide Parks a revenue source from fee based access and event leases." anon County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 5 Open-Ended Comments WATER ACCESS "VVe nave ueautiful lakes but there is no swimming or iamity friendly access to the lakes." "During the summer months people are in search of a place to swim and picnic with their family. We have so many lakes but none with a public swimming area." "We really need more water access around here. It is a real shame we have no trail from tbP Salmon Venter to Relfair Park." AVAILABILITY OF PARKS INFORMATION "I don't visit a lot of these parks because I don't know where they are or how to access them. A map with all of these areas and where to park/how to get to them would be great!" "These parks and recreation areas needs to have better marketing to inform the public." OPEN SPACE ACQUISITION 1 understand now some might feel we need to spend our resources on construction of facilities, but it seems to me the bottom line is limited by land being available for parks. If it is not acquired now, if we wait too long, the land will simply not be available. Growing the inventory of publicly owned land is essential." "I gave acquisition priority over development because in the future opportunities to acquire land will diminish." PRESERVATION/NATURE i LiKe the conversation of funding and building parks and estuary type wetlands as I feel nature to this area is super important." "Mason County is under-birded. It would be nice to have some good pull outs or parking around Hood Canal and different binding areas also." STAFFING/FUNDING NEEDS lit wound be I Lice rr staff was available, present and seen during busy nights at MCRA. More often then not, no one is around to address issues. Maybe adjust staffing schedules to be present at the facility when people are there with the most need." "We need to again have an exclusive Parks & Trails Director, not a shared duty individual. John Keats was the greatest thing we ever had! Things have gone downhill ever since he left." "More Staff presence would help the homeless issues." Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 6 Open-Ended Comments COMMUNITY SPACES/ACCESSIBILITY Vve iieea to wiily Uack ine iviason County rail. it IS such a great comn-lunity gathering, and supports the kids 4H program." "I would love to see a fairgrounds brought back to Mason County." "ArrlPcc by all Citi?pr!c is a conce-rn " CONNECTIONS TO FACILITIES UNDER OTHER OWNERSHIP "One area of the survey areas missed is "access" to National Forests and the Olympic National Park. Improvements can be made to connect to these areas. More partnership with Green Diamond on temporary land use for recreation... We have such an opportunity to be a destination area for enjoyment of our natural resources (beautiful outdoors, salmon, shellfish, hiking, etc.)." IBM Mason County Parks,Recreation,Open Space,&Trails Plan Public Involvement I Survey Results 7 MASON COUNTY HEARING AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: February 15, 2022 Agenda Item # 1U BRIEFING DATE: January 10, 2022 and February 7, 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—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 approve the amendment to allow Mason County PUD No. 1 to construct, operate and maintain their fiber optic communication in the county rights-of way. ATTACHMENT: 1. Amendment 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 ,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: Approve as to Form Title: Tim Whitehea , Ch.I?PA MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services - Planning Ext: 286 Date: February 15, 2022 Agenda Item # 10.2 (Commissioner Staff To Complete) Briefing Date: 2/10, 3/16, 5/4, 2020, 1/4, 2/8, 2/16, 6/28, 7/12,7/19, 9/13, 9/20, 12/20, 2021, 1/3, 1/1.0, & 2/7, 2022 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing to consider adoption of a Planned Action Ordinance for the Belfair UGA and amendments to Mason County Comprehensive Plan, Belfair Urban Growth Area (UGA) Subarea Plan and amendments to Title 17 Belfair UGA Zoning Code. BACKGROUND: Mason County Community Development and BERK Consultant Team have issued the Final Planned Action EIS for Belfair. This public hearing is to consider adopting the Planned Action Ordinance and amendments to the Belfair UGA Plan and development regulations. The Planning Advisory Commission recommended the Alternative 3 Hybrid as the Preferred Alternative to the BOCC at their special meeting on December 6, 2021. Staff and the consultant team briefed the BOCC on the Alternatives and the draft amendments on January 10 and February 7, 2022. RECOMMENDED ACTION: The Mason County Board of Commissioners shall approve and adopt the Planned Action Ordinance and amendments to the Mason County Comprehensive Plan, Belfair Subarea Plan and Development Regulations. ATTACHMENTO: Ordinance (Comp Plan amendments) Ordinance (Zoning amendments) Belfair Subarea Plan Amendments Comprehensive Plan Amendments Development Regulations (zoning) Amendments Planned Action Ordinance 2/9/2022 ORDINANCE NUMBER AMENDMENTS TO THE BELFAIR URBAN GROWTH AREA SUBAREA PLAN AND COMPREHENSIVE PLAN ORDINANCE adopting amendments to the Belfair Urban Growth Area (UGA) Subarea Plan and Mason County Comprehensive Plan. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its comprehensive plan; and WHEREAS, Mason County prepared a Planned Action Environmental Impact Statement(PAEIS) for the Belfair UGA; and WHEREAS, the Belfair UGA Subarea Plan was amended to align with the Preferred Alternative of the PAEIS; and WHEREAS, the Mason County Comprehensive Plan was amended to align with the Preferred Alternative of the PAEIS; and WHEREAS, on June 7 and December 6, 2021 the Mason County Planning Advisory Commission held a public hearing to consider the amendments and passed a motion to recommend approval of said amendments; and WHEREAS, the Board of County Commissioners considered the updated Subarea Plan and Comprehensive Plan at a duly advertised public hearing on February 15, 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 updated Subarea Plan and Comprehensive Plan 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 NOW THEREFORE BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Belfair Urban Growth Area Subarea Plan and the Comprehensive Plan amendments, which is attached hereto as Exhibit A. DATED this day of 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner ORDINANCE NUMBER AMENDMENTS TO MASON COUNTY CODE TITLE 17 BELFAIR UGA ORDINANCE amending Mason County Code Title 17 relating to the Belfair Urban Growth Area (UGA) Zoning Code. 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, Mason County prepared a Planned Action Environmental Impact Statement(PAEIS) for the Belfair UGA; and WHEREAS, the Belfair UGA development regulations were amended to align with the Preferred Alternative of the PAEIS; and WHEREAS, on June 7 and December 6, 2021 the Mason County Planning Advisory Commission held a public hearing to consider the amendments and passed a motion to recommend approval of said amendments; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on February 15, 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 amendments to Title 17, relating to the Belfair UGA Zoning Code 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 the Belfair UGA Zoning Code as described in Attachment B. DATED this day of 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Planning Advisory Commission Recommendations PlanningAdvisory Commission Recommendations............................................................................. 1 AttachmentA: Comprehensive Plan Amendments............................................................................... 2 Attachment B: Preferred Alternative Zoning Map and Code Changes................................................ 26 AttachmentC: Planned Action Ordinance........................................................................................... 57 1 Attachment A: Comprehensive Plan Amendments A-l . BELFAIR SUBAREA PLAN AMENDMENT DESCRIPTION The Draft EIS Appendix C provides an update of the Belfair UGA Plan. Exhibit 1 summarizes the changes to the original 2004 plan. The PAC recommended these updates to the Belfair UGA Plan per Exhibit 1, including some italicized changes responding to the EIS and public input. Exhibit 1. Summary of Changes to Belfair UGA Plan by Element Contents Summary of Changes within Draft Subarea Plan in per PAC Recommendation Introduction Background/Purpose Update statistics Planning Process Add the 2021 planning process Existing Conditions Land Uses Update information about growth and land use patterns Circulation Add map of bypass route Natural Environment No substantive changes Pedestrian Network and Trails No substantive changes Economic Conditions No substantive changes Plan Overview Vision No substantive changes Strategic Concept Update to recognize Salmon Center is not proposed in southern node; it has moved adjacent to UGA. Node may be closer to library. Specific Recommendations Land Use and Community Design Recommendations Incorporate Alternative 3 Hybrid and amend designation descriptions (e.g., remove Festival Retail, add Master Plan Mixed Use). Transportation Recommendations Update status of planned improvements. Rely on EIS evaluation, and address future Preferred Alternative. Preferred Alternative: Incorporate changes to capital improvements consistent with Alternative 3 Hybrid. Parks, Trails, Open Space, and Public Facility Update trail proposal. Consider adjusting trail Recommendations locations related to slopes. Provide consistency with 2018 Belfair Mobility Plan. One means to address this is through policy/text about compliance with critical areas and support of 2018 mobility plan in determining actual trail alignments. �i,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 2 ChangesContents Summary of • • in per . . . Preferred Alternative:Add reference to "Sweetwater Creek / Waterwheel Park" at southern node for compatibility with Mason County park plans. Water Quality Recommendations Update status of sewer system. Add new policies about water quality protection per Supplemental Draft EIS. See below this table. Implementation Strategy Provide updates to implementation strategies in 2004 plan, e.g., policy and code changes, infrastructure implementation. _......... Appendices Belfair Development Regulations Refer to adopted code. Belfair Market Analysis .......... ... . ...... _ ..._.......... .... ......... Belfair Transportation Technical Report Refer to EIS. Additional Environmental Features Consider adding new maps from EIS,e.g., streams. As described in the table above, based on the EIS evaluation and public comment the PAC recommended the Draft Subarea Plan with the following changes: ■ Zoning would be updated to reflect the Alternative 3 Hybrid as recommended by the PAC. See Exhibit 2. ■ The Future Land Use Map boundaries would reflect the Alternative 3 Hybrid UGA adjustments; see Exhibit 3. ■ Water Resources policies would be amended as shown in Exhibit 4. ■ Infrastructure investments would be identified based on the Alternative 3 Hybrid as evaluated in the EIS. ■ The Subarea Plan will reference "Sweetwater Creek / Waterwheel Park" at the southern node for compatibility with Mason County Park plans. ■ Other relevant maps that show closeups of zoning would reflect Alternative 3 Hybrid, and maps showing general information would be adjusted to show correct UGA boundaries. AlFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 3 Exhibit 2. Proposed Zoning —Alternative 3 Hybrid ALTERNATIVE 3 HYBRID ZONING ' I i 1 � z I ' yFS all S1 _ I Q cA 1 00 ✓3 :' M✓ S;- 71 Z � I 4 \ •. I h 1 1 I! 4. 1 � Y 1 t t r '1 J 1 /i 1 1 t I 0 0 1 Miles ®ill BERK Map Date:January 2022 Belfair UGA Boundary Preliminary Zoning-Alternative 3 Hybrid Mixed Use 1 UGAs Business Industrial Master Planned Mixed Use Parcels . General Commercial Multi Family Residential S Approximate Bypass&Connector Route General Commercial and Business Industrial Public Facility UGA Boundary Revisions ! Long Term Agricultural Single Family Residential ❑Add to UGA Medium Density Residential �1 Remove from UGA Sources: Mason County, 2020; BERK, 2027. :III February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 4 Exhibit 3. Future Land Use Map— Belfair UGA with Amended Boundary ;I Q a, i eFF 1 O i 1 "'A St h' I ti1G`0. NE MPK01 RD CP 1 NE NEWKIR.K RD 3 I 9'PO cF,FMts7UN 1 I I 1 I �J� 1 J/ I I I DR NE MCKNIGHT RD Z 1 m O I Q z ° Z m I 0�,6,40 � � I NE BARS a�P Z `a 1 �P I 5Ps 2 4 1 R, �i� o 1 Y O z , I I� I rill / I NE SpUIRE�N I 1 NEq I I Z I 106 I I 1 I 1 0 0 1 Miles III BERK Map Date:February 2022 Belfair UGA Boundary Future Land Use UGAs ■ Agricultural Resource Lands Water Bodies ■ AgriculturaljUGAOverlap Streams ❑ Long Term Commercial Forest ❑ Rural Urban Growth Area �i'I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 5 Exhibit 4. Supplemental Draft EIS—Water Resources Policy Amendments The Draft Subarea Plan published with the Draft EIS includes recommendations related to critical areas and water quality and quantity. In response to public comments received on the Draft EIS and the supplemental analysis contained in the Supplemental Draft EIS, the following revisions to relevant draft policies are proposed: ° P-1: Expand stream corridor, wetlands, and critical areas protection ■ The preliminary zoning recommendations call for lower densities in most of these areas. Maintain and enforce the current critical areas ordinance. Proposed regulations and design guidelines also encourage clustering of development to protect these resources. See Water Quality Recommendations below for additional measures to protect water quality and stream integrity. 11 W-2: Undertake a program of local water quality detention facilities to reduce pollutants in local streams and in the canal and detention and infiltration facilities (where feasible) to improve flow rates in streams. ° W-3: Continue current collaborative, inter-agency efforts to monitor and upgrade water quality and quantity. ° W-4: Encourage an education and volunteer program encouraging local residents and property owners to adopt "best practices" regarding stream and wetland maintenance and low impact development. �i'I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 6 A-2 COMPREHENSIVE PLAN CONSISTENCY EDITS DESCRIPTION Preferred Alternative: For consistency with the Belfair UGA Plan, amendments to the Comprehensive Plan would be made including growth capacity and target reallocation from rural to urban areas, and associated capital project lists. See Comprehensive Plan full and chapters. Available: https://www co mason wa us/community-services/planning/­2036-comp-plan-update/index php. Exhibit 5. Summary of Changes to Comprehensive Plan Comprehensive Plan Amendments Chapter 1 Citizen's Guide: Amend tables,figures,and text to show a transfer of population growth from rural county to the Belfair UGA. Chapter 3 Land Use Element:Amend tables,figures, and text to show a transfer of population growth from rural county to the Belfair UGA,e.g.,Tables 1 and 14.Amend UGA boundary to reflect adjustments for public lands. Amend growth capacity to match preferred alternative in Table 9. Amend demand for residential capacity in net acres in Table 16. Chapter 4 Rural Element:Amend tables,figures,and text to show a transfer of population growth from rural county to the Belfair UGA, e.g.,Table 1. Chapter 5 Housing Element:Amend tables,figures, and text to show a transfer of population growth from rural county to the Belfair UGA,e.g.,Table 1. Chapter 6 Capital Facilities Element: Amend tables,figures,and text to show a transfer of population growth from rural county to the Belfair UGA,e.g.,Table 3. Create a subsection that references capital improvements identified in Belfair Planned Action, particularly transportation improvements and the SEPA mitigation fee. Chapter 7 Utilities Element:Amend tables,figures, and text to show a transfer of expected housing growth from rural county to the Belfair UGA, e.g.,Table 4. Reference the Belfair Planned Action for growth assumptions and planned improvements,especially power,e.g., in relation to Table 5. Chapter 8 Transportation Element: Update plans incorporated into the Transportation Element.Amend description of Belfair UGA Plan and Access and Circulation.Amend description of Belfair Connector Study.Cross reference Belfair Planned Action in Capital Facilities Project List. Update list of transportation improvements based on Preferred Alternative mitigation in Transportation Improvement Program (Appendix B). AlFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 7 Growth Allocations Preferred Alternative Growth: Alternative 3 growth is proposed as the Preferred Alternative. Exhibit 6. Summary of Alternatives Land Use and Growth Mix NO ACTION POLICY/TREND Housing Units 478 1,834 2,340 2,274 Single-Family 144 1,078 841 917 Townhome/Multiplex 0 210 582 511 Multifamily 334 544 916 511 Population 1,200 4,441 5,669 5,509 Commercial Space (sq ft) 54,342 1,185,834 1,438,852 1,328,708 Industrial 19,564 421,990 735,867 735,867 Office 17,389 381,922 382,102 327,030 Retail 17,389 381,922 320,883 265,812 Source: BERK, 2021. In 2005, Mason County allocated a population target of 5,600 above the base Belfair population over a 20-year period. That would have meant a future population of 6,485 including 885 persons as of 2005. In its 2016 Comprehensive Plan (page 5 and Table 1) Mason County allocated less growth through the 2036 period and placed nearly half of it in rural areas. The County provided a low net growth figure in combination for the Allyn and Belfair UGAs (page 5). Exhibit 7. Mason County Projected Net Population Growth Allocations: 2016-2036 2016 2036 Population Increase Maven County Total 62,320 83,800 21,480 City of Shelton 10,070 16,200 6,130 Shelton UGA 3,740 7,220 3,490 Urban Growth Areas(Allyn, Belfair) 2,990 4,720 1,730 rRuralCounty 45,520 55,660 10,140 Source: Washington State Office of Financial Management, 2076;Mason County Comprehensive Plan page 5 and Table 1 :111 February 9, 2022 Mason County I Belfair Urban Growth Area-Planned Action and Subarea Plan 11 8 In the Land Use Element (Table 14) the Comprehensive Plan indicates that a net increase in population of 1,300 is meant for Allyn and 430 is meant for Belfair. However, the pipeline development in Belfair would already consume about 1,200 people. The Comprehensive Plan identified 1,483 undeveloped acres and a capacity for 7,069 units and 17,625 people (Land Use Element, Table 9). The Comprehensive Plan appeared to apply densities to undeveloped land but without discounts for critical areas, infrastructure, or market factors. A review of developable land capacity in the UGA for the EIS indicates there is room for about 1,809 dwellings (4,381 persons) and up to 1.17 million square feet of commercial and industrial space in UGA under current zoning and development regulations. The change in population allocations in 2016 is not consistent with prior 2005 Comprehensive Plan allocations for Belfair or with Growth Management Act goals for focusing urban growth and avoiding sprawl (RCW 36.70a.020). It is also not consistent with the utility plans and implementation in Belfair. Exhibit 6 indicates the capacity of Alternatives 2 and 3, which are similar to or higher than the No Action Alternative. The EIS recommends the County: ■ Amend the population allocations in the Comprehensive Plan to better match the Alternatives' capacity and utility plans. Replace the Belfair UGA capacity analysis in the Land Use Element with the results of this EIS when a Preferred Alternative is selected. The elements where the numbers would be amended are identified in Exhibit 5. Summary of Changes to Comprehensive Plan. If reallocating the population increase to reflect Alternative 3 Hybrid, the county's allocation for 2016-2036 would change as follows. Exhibit 8. Mason County Projected Net Population Growth Allocations: 2016-2036 with Reallocation Area 2016 2036 Population Increase Alternative75 Comprehensive Plan Population Alternative Allocation 2036 Population Increase Mason County 62,320 83,800 21,480 83,800 21,480 Total City of Shelton 10,070 16,200 6,130 16,200 6,130 Shelton UGA 3,740 7,220 3,480 7,220 3,480 UGA: Allyn 1,990 3,290 1,300 3,290 1,300 UGA: Belfair 1,000 1,430 430 6,510 51510 Rural County 45,520 55,660 10,140 50,580 5,060 IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area-Planned Ac►ion and Subarea Plan 9 EDITS TO COMPREHENSIVE PLAN PAGES Chapter 1 Citizen's Guide: Amend tables, figures, and text to show a transfer of population growth from rural county to the Belfair UGA. Chapter 1 Introduction, Page 5 Remove the following Table Mason County Population Growth Projection 2016-2036 2016 2036 Population Percent Increase Increase 2016-2036 Mason County Total 62,320 33AM 21,480 34% City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% Urban Growth Areas(Allyn, Belfair) 2,990 4,720 1 1,730 58% Rural County 45,520 55,660 1 10,140 22% Source: Washington State Office of Financial Management and City of Shelton Replace the Table as follows Mason County Population Growth Allocations: 2016-2036 Area 2016 2036 Population Percent Increase Increase 2016-2036 Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% UGA: Allyn 1,990 3,290 1,300 65% UGA: Belfair 1,000 6,510 5,510 551% Rural County 45,520 50,580 5,060 11% Sources: Washington State Office of Financial Management, City of Shelton, and Belfair UGA Plan AIFebruary 9, 2022 Mason County I Belfair Urban Growth Area-Planned Action and Subarea Plan 10 Chapter 1 Introduction, Page 7 Remove the following chart NE%vPe9dents201Er2036 Ne�vRe9den<snUC�Ab(Aiyrt,8e�af,�tekor� ■ Ne0 NeededtoAo wnn-od"2036Pnp►la6m i,,le�.,,lia sing n UGA6(Alyr�,8e�ai,gietani Total(Am*forAd&onalhbtaiigin ft"Cou"Fkxu �.. i gt4v*inLJGA(MR Ma,Sheldon) !• 0 5000 10000 15000 20000 25000 Source: Washington State Office of Financial Management and City of Shelton Forecast Replace the chart as follows New Residents 2016-2036 New Residents in UGAs(Allyn,Belfair,Shelton) New Housing Needed to Accommodate 2036 Population New Housing in UGAs(Allyn,Belfair, Shelton) Total Capacity for Additional Housing in Rural County Housing Capacity in UGAs(Allyn,Belfair, Shelton) 0 5,000 10,000 15,000 20,000 25,000 Sources: Washington State Office of Financial Management, City of Shelton Forecast, Belfair UGA Plan CHAPTER 3 LAND USE ELEMENT Amend tables, figures, and text to show a transfer of population growth from rural county to the Belfair UGA, e.g., Tables 1 and 14. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 11 Remove Table 1 i a�,iF 49�• ri t ...;,IV P"Iit.'AI: 1)f'r7i rI I1, 1;12I MASON COUNTY AND URBAN GROWTH AREA 20 YEAR POPULATION PROJECTION 2016 2036 Population Percent Increase Increase 2016-2036 Mason County Total 62,320 l3,S00 21,480 34% City of Shelton 10,070 16,200 6,130 61% L G 3,740 7,220 3,480 93% h 2,990 4,720 1,730 59% 45,520 55,660 10,140 22% Source Washmcton State Office of Financia!Management Replace Table 1 as follows Table 1. Mason County Population Growth Allocations: 2016-2036 Area 2016 2036 Population Percent Increase Increase 2016-2036 Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% UGA: Allyn 1,990 3,290 1,300 65% UGA: Belfair 1,000 6,510 5,510 551% Rural County 45,520 50,580 5,060 1 1% Sources: Washington State Office of Financial Management, City of Shelton, and Belfair UGA Plan :111 February 9, 2022 Mason County I Belfair Urban Growth Area-Planned Action and Subarea Plan 12 Remove Table 14 as follows Table 14. Area Growth Projections for Mason County 2016-2036 Area Additional Share of Percent Total Population Population Land Area Growth Shelton Urban Growth - _.. . Area 9,610 44% 1.5% Belfair Urban Growth Area 430 2% .4% Allyn Urban Growth Area 1,300 6% .1% Fully Contained Community Reserve 600 3% - RAC—LAM IRDS 400 2% <1%� Rural Lands 9,140 43% 6316 Total County 21,480 100% Replace Table 14 as follows Area Additional Share of Percent Population Population Total Growth Land Area Shelton Urban Growth Area 9,610 45% 1.5% Belfair Urban Growth Area 5,510 26% 0.4% Allyn Urban Growth Area 1,300 6% 0.1% Fully Contained Community Reserve 600 3% - RAC— LAMIRDS 400 2% <1% Rural Lands 4,060 19% 63% Total County 21,480 100% Future Land Use Map: Published outside of plan —Amend UGA boundary to reflect adjustments for public lands. See Exhibit 3. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 13 Amend growth capacity to match preferred alternative in Table 9. Remove Table 9 Table 9. Belfair Urban Growth Area Zoning Summary 2015.2016 Zone Total Undeveloped Dwelling Potential Times 2.5 Acres Ales units/bass Units persons/unit Long Ter Agriculture(LTA) 17 0 1/10 1 2 Festival Retail(FR) 20 3 0 0 0 General Commercial(G() 146 107 0 0 0 Genera(Commercial Business Industrial(GC-81) 146 83 0 0 0 ----------- ---------_ _----_------ —_—-----Mixed Use Use(MU) 185 78 10/1 787 1967 Business Industrial(B-I) 133 59 0 0 0 Multi Family Residential(R-10) 197 158 10/1 1584 3961 Med.Density Residential(R-5) 825 716 511 3580 8951 Single Family Residential(R-4) 723 279 4/1 1117 279-1 Total$ 2 392 11"3 7,069 17,675 Source. Mason County Assessor's Office,2015 and Mason County Zoning Map 'Assessors Data and Zoning Data are different data sets,used for distinct purposes,and define land use differently. Replace Table 9 as follows Belfair Urban Growth Area Zoning Summary 2022 Zone Gross Net Max Assumed Percent Pipeline Total Net Total Net Acres Developable Residential Residential Residenti HU Pop HU Acres Density Density al (DU/AC) (DU/AC) R-4 579 39 4.0 3.0 100% - 274 113 R-5 609 138 5.0 4.0 100% 160 1,725 712 R-10 213 56 10.0 5.79 100% - 785 324 PF 94 - - - - - - - LTA 17 8 - - - - - - MU 220 34 - 15.0 50% 234 1,136 469 MP-MU 245 76 - 15.0 50% 85 1,589 656 GC 28 3 - - - - - - GC-BI 81 21 - - - - - - B-1 129 44 - - - - - - Total 2,216 420 479 5,509 2,274 Note: The model subtracts existing housing units on redevelopable properties in some locations and are reflected in total net housing units. �i,I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 14 Amend demand for residential capacity in net acres in Table 16. Remove Table 16 Table 16.land Capacity Summary(Net Acres) Area(all acres Residential Non- Total are net Capacity Residential Capacity acres)'• Capacity Urban Growth Areas 3,100 1,710 4,810 Shelton 1,650 1,430 3,080 -Belfair 1,230 250 1,480 Allyn 220 30 250 'Erduswely non-residential ••Net acres excludes unavailable lands,unsuitable lands;20 percent roads&25 percent market factor Replace Table 16 as follows Area (all acres Residential Non Total are net acres) Capacity Residential Capacity Capacity Urban Growth Areas 3,100 1,710 4,810 -Shelton ** 1,650 1,430* 3,080 - Belfair *** 1,652 564 2,216 -Allyn ** 220 30* 250 *Exclusively non-residential ** Net acres excludes unavailable lands, unsuitable lands; 20 percent roads & 25 percent market factor ***See Belfair UGA Plan and EIS. Excludes unavailable and unsuitable lands and applies discount factors. CHAPTER 4 RURAL ELEMENT Amend tables, figures, and text to show a transfer of population growth from rural county to the Belfair UGA, e.g., Table 1. VIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 15 Remove Table 1, page 6 of 28 Table 1. Mason County Population Projection 2016-2036 MASON COUNTY AND URBAN GROWTH AREA 20 YEAR POPULATION PROJECTION Population Percent Increase 2016 2036 Increase 2016-2036 Mason County Total 62,320 83,800 21,48 34 City of Shelton 10,07C 16,20C 6,13 61 Shelton UGA 3,74C 7,22C 3,48 93 rban Growth Areas(Allyn, tfair) 2,9 4,72 1,73 58 rai County 45,5 55 1011 22 Source: Washington State Office of Financial Management Replace Table 1 as follows Table 1. Mason County Population Growth Allocations: 2016-2036 Area 2016 2036 Population Percent Increase Increase 2016-2036 Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% UGA: Allyn 1,990 3,290 1,300 65% UGA: Belfair 1,000 6,510 5,510 551% Rural County 45,520 50,580 5,060 1 1 Sources: Washington State Office of Financial Management, City of Shelton, and Belfair UGA Plan NIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 16 Amend Figure 1, page 10 of element, with Belfair UGA Boundaries per Exhibit I Figure 1. Mason County Rural Lands !1. f r `1 r ff,/ is�s .«a CHAPTER 5 HOUSING ELEMENT Amend tables, figures, and text to show a transfer of population growth from rural county to the Belfair UGA, e.g., Table 1. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 17 Remove Table 1, page 6 of 30 Table 1. Mason County Population Projection 2016-2036 MASON COUNTY AND URBAN GROWTH AREA 20 YEAR POPULATION PROJECTION 2016 2036 Population Percent Increase Increase 2016-2036 Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% rban Growth 2,990 4,720 1,730 58% Ural County 45,520 55,660 10,140 22% Source: Wastangton State Office of financial Management Replace Table 1 as follows Table 1. Mason County Population Growth Allocations: 2016-2036 Area 2016 2036 Population Percent Increase Increase 2016-2036 i Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% UGA: Allyn 1,990 3,290 1,300 65% UGA: Belfair 1,000 6,510 5,510 551% Rural County 45,520 50,580 5,060 1 1% Sources: Washington State Office of Financial Management, City of Shelton, and Belfair UGA Plan VIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area-Planned Action and Subarea Plan 18 Remove Table 5, page 12 of 30 Table S. Mason County Housing Projection 2016-2036 2016 Housing 2036 Housing Number of New %Increase 2016- Units Units Housing Units 2036 Mason County Total 33,400 44,000 10,650 32% City of Shelton 3,900 5,000 1,150 30% Urban Growth Areas (Allyn,Belfair,Shelton) 3,000 4,500 1,500 50% Rural County 26,500 34,500 8,000 30% Source: Washington State Office of Financial Management Replace Table 5 as follows Table 5. Mason County Housing Projection 2016-2036 2016 Housing Units 2016 Housing 2036 Housing Number of % Increase Units Units New 2016- Housing Units 2036 Mason County Total 33,400 44,000 10,650 32% City of Shelton 3,900 5,000 1,150 29% Urban Growth Areas 3,000 6,600 3,600 120% (Allyn, Belfair, Shelton) Rural County 26,500 32,400 5,900 22% i'I February 9, 2022 Mason County Belfair Urban Growth Area—Planned Action and Subarea Plan 19 Remove Figure 4,page 13 of 30 NewResidM2D1&2D% NevvRwlentsnLlGA i nBe1airf5hek* r, NewHmmgNmdedtoAmo mudat 2Z((B6 lgxiatiQi �� NewHouggnUCiAs{A1yr�,8�ai, TbWCApadtyforAddi mWHmziVnft"CaM Hou"Capa*nLrAs(JAElebir.9vho i) ■ 0 5000 20000 15000 20000 2SO00 Source: Washington State Office of Financial Management and City of Shelton forecast Replace the chart as follows New Residents 2016-2036 New Residents in UGAs(Allyn,Belfair, Shelton) New Housing Needed to Accommodate 2036 Population New Housing in UGAs(Allyn,Belfair, Shelton) Total Capacity for Additional Housing in Rural County Housing Capacity in UGAs(Allyn,Belfair, Shelton) 0 5,000 10,000 15,000 20,000 25,000 Sources: Washington State Office of Financial Management, City of Shelton Forecast, Belfair UGA Plan VIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 20 CHAPTER 6 CAPITAL FACILITIES ELEMENT Amend tables, figures, and text to show a transfer of population growth from rural county to the Belfair UGA, e.g., Table 3. Amend Figure 1, page 4 of 85 Figure 1.Map of Mason County 2018-2023 Capital Facilities Plan w° 6 f a.,• c...m cr rra.+r.w7( �i.t a qF,seenp c..+u ow► UtPaO M •^H..p�tihh O R17tmn l t. Vio-Wes# - Ph�rLrW itPri%iM tt1R1• !PlNt'e -� WAftoo 1 Pwh i��Y:+il1•faN IN" A.fit4l+i Jet',"-0]PiuY ( Capital Facilities Element Page.t of 85 t t i27/i 7 Amend Belfair UGA boundary to match Exhibit 3. will February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 21 Amend Table 3 page 9 of 85 Table 3. Mason County Population Growth Projection 2016-2036 Percent Population Increase 2016 2036 Increase 2016-2036 Mason County Total 62,320 83 21 34 City of Shelton 10,07 16,200 6,13 61 Shelton UGA 3.74 7,220 3,48 9394 Urban Growth Areas(Allyn,Belfair) 2.99 4,720 1,73 58 Rural County 45,52 55.660 10.14 22 Replace Table 3 as follows Mason County Population Growth Allocations: 2016-2036 Area 2016 2036 Population Percent Increase Increase 2016-2036 Mason County 62,320 83,800 21,480 34% Total City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% UGA: Allyn 1,990 3,290 1,300 65% UGA: Belfair 1,000 6,510 5,510 551% Rural County 45,520 50,580 5,060 1 1% Sources: Washington State Office of Financial Management, City of Shelton, and Belfair UGA Plan Create a subsection that references capital improvements identified in Belfair Planned Action, particularly transportation improvements and the SEPA mitigation fee. Create new Section 8 after page 84 Section 8. Belfair UGA The Belfair UGA has been evaluated for transportation, sewer, water, and12ower and other services. Please see the Belfair UGA Plan 2022, and the Belfair Planned Action EIS and Ordinance regarding improvements and a SEPA mitigation fee for transportation. CHAPTER 7 UTILITIES ELEMENT Amend tables, figures, and text to show a transfer of expected housing growth from rural county to the Belfair UGA, e.g., Table 4. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 22 Replace Table 4, page 23 Table 4. Projected Housing Needs 2016-2036 2016 Housing 2036 Housing Number of New %Increase Units Units Housing Units 2016-2036 Urban Growth Areas 3,000 4,500 1,500 50% Rural County 26,500 34,500 8,000 30% Shelton 3,900 5,000 1,150 30% Mason County Total 33,400 44,000 10,650 32% Source:US Census Housing Survey and Office of Financial Management Replace Table 4 as follows Table 4. Mason County Projected Housing Needs 2016-2036 2016 Housing Units 2016 Housing 2036 Housing Number of % Increase Units Units New 2016- Housing Units 2036 Mason County Total 33,400 44,000 10,650 32% City of Shelton 3,900 5,000 1,150 29% Urban Growth Areas 3,000 6,600 3,600 120% (Allyn, Belfair, Shelton) Rural County 26,500 32,400 5,900 22% Reference the Belfair Planned Action for growth assumptions and planned improvements, especially power, e.g., in relation to Table 5. IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 23 Add a footnote below Table 5 as follows: Table 5. Mason County Residential,Commercial, Industrial Electricity Demand 2016-2036 1993 2016 2036 Projection Mason Cou city PopAation 3"50 62,320 Wm PUD 3 Electricity(kWh) 493,000,000 610,000,000 770,000,000 PUD 1 Electricity(kWh) S8,700,000 73,100,000 91,000,000 Per Capita kWh 14,390 10,960 10,000 Source:U.S.Energy Information Administration(EIA)State Energy Data System,PUD No.1,PUD No.3,and the 2010 Census Average household size was estimated to be 2.57,US Census Bureau,American Community Survey See the Belfair Planned Action EIS for power evaluation. CHAPTER 8 TRANSPORTATION ELEMENT Update plans incorporated into the Transportation Element, page 3: Urban Growth Area Plans • Belfair Urban Growth Area Plan: httos•//www.ce.Fnason.wa.us/eade/EaFnp ^lan/belfaiF uga plan odd(Update link] Amend description of Belfair UGA Plan and Access and Circulation, page 56. BELFAIR UGA PLAN UPDATE, INCLUDING ACCESS AND CIRCULATION STUDY Planned construction of a sewer system and improvements associated with the Belfair Bypass create an opportunity for Mason County to realize its long-range vision for this small urban growth area and reduce growth pressures in outlying areas.A transportation plan,subarea plan update,and planned action EIS and ordinance,coordinated with intended changes to land use will help guide near-term and long-term investments in order to maximize the opportunities presented by upcoming Belfair Bypass project funding, maximize mobility benefits to this small community, and inform WSDOT decisions about practical solutions for enhancing the character of SR 3 through Belfair,where the state highway effectively functions as "Main Street"for this small community.A focus on access and circulation can address not only long-term opportunities but also the near-term impacts associated with what will be several years of major traffic disruption caused by Bypass construction activities.An access and circulation study can also speak to specific local concerns such as emergency response access, and appropriate speed limits on urban facilities. Amend description of. Cross reference Belfair Planned Action in Capital Facilities Project List, page 58. BELFAIR CONNECTOR STUDY While the Bypass itself is a funded WSDOT project, many ancillary projects and needs will require Mason County's leadership and coordination if they are to be fully realized.This includes the location and configuration of potential new connections between SR 3 and the new bypass.Various studies over the years have considered possible connections between the limited access bypass and SR 3.Some of the potential connections discussed previously have included Rasor Road, Romance Hill Road,and Newkirk Road.The Belfair Connector Study will identify the most practical NIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 24 route options and an associated funding strategy.These will be County roads, not WSDOT facilities. Ideally,construction of one or more of these new connections will be complete at the same time as the new bypass,On 2022.A source of planned improvements also includes the subarea plan update,and planned action EIS and ordinance. Update list of transportation improvements based on Preferred Alternative mitigation in Transportation Improvement Program (Appendix B). Add as a page in Appendix B: The Belfair UGA has been evaluated for transportation. Please see the Belfair UGA Plan 2022, and the Belfair Planned Action EIS and Ordinance regarding improvements and a SEPA mitigation fee for transportation. r l'I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 25 Attachment B: Preferred Alternative Zoning Map and Code Changes B-1 . ZONING MAP CHANGE DESCRIPTION Preferred Alternative Land Use: Recommend Alternative 3 Hybrid described and mapped below. Hybrid Alternative 3: Alternative 3 Hybrid combines the higher growth potential of Alternative 3 with some of the features of Alternative 2. The Alternative 3 Hybrid was developed based on feedback from the Planning Advisory Commission and public testimony. The zoning and UGA boundaries proposed for Alternative 3 Hybrid are the same as Alternative 3, except as follows: ■ The 94-acre area of Single Family Residential (R-4) zoning north of Newkirk Road, east of Riverhill Lane, and west of the railroad would retain existing zoning R-4 instead of being rezoned to Medium Density Residential (R-5). ■ The mixed-use node proposed at the eastern end of Romance Hill Road would match the zoning and extent included in Alternative 2, which covers and smaller area than Alternative 3. Other zoning changes and UGA boundary revisions under Alternative 3 Hybrid are as follows: ■ Incorporate the Public Facility (PF) and Festival Retail (FR) rezones described in Alternatives 2 and 3. (Retitle in text/maps to Public Institutional — PI) ■ Incorporate the UGA boundary revisions described in Alternatives 2 and 3. • Similar to Alternative 3, the Hybrid would create a new zone, Master Planned Mixed Use (MP-MU) to encompass the land currently zoned for commercial and multifamily uses south of SR 3 and east of the railroad. This zone would allow a mix of commercial and residential uses with a focus on business/industrial park development and multifamily housing. Medium Density Residential (R-5) areas immediately to the south would be rezoned to R-10 to create a density buffer. ■ Develop consistency edits in the Mason County Comprehensive Plan and municipal code as needed. See the Alternative 3 Hybrid zoning map below. �i,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 26 Exhibit 9. Proposed Zoning—Alternative 3 Hybrid ALTERNATIVE 3 HYBRID ZONING ' I 1F' I i 1 rt, "A.HE i I +.. � i �Q p I E,yQsoN ticyo W // 4 D R i 300 t , I 1 1 1 t I 0 0 1 Miles :111 BERK Map Date:January 2022 Belfalr UGA Boundary Preliminary Zoning-Alternative 3 Hybrid Mixed Use UGAs Business Industrial Master Planned Mixed Use Parcels . General Commercial Multi Family Residential a Approximate Bypass&Connector Route General Commercial and Business Industrial Public Facility UGA Boundary Revisions Long Term Agricultural _ Single Family Residential Add to UGA Medium Density Residential �1 Remove from UGA Sources. Mason County, 2020; BERK, 2027. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 27 B-2. ZONING CODE TEXT CHANGES DESCRIPTION Preferred Alternative: Make changes described and listed below. Exhibit 10. Summary of Development Code Changes Development Zoning Map Updates to be consistent with Preferred Per Alternative 3 Hybrid. Alternative. Replace Festival Retail (FR) Zone with Mixed Use (MU) Per Alternative 3 Hybrid. (Alternatives 2 and 3). Incorporate design standards from FR zone into MU Per Alternative 3 Hybrid. (Alternatives 2 and 3). Apply Public Intuitional Zoning that matches the standards Apply Public Intuitional Zoning MCC 17.07.710. contained in the Shelton UGA Public Institutional zone (MCC Selected edits as suggested by the PUD on 17.07.710) (Alternatives 2 and 3). December 30, 2020 would be included. Those relating to essential public facilities or that would apply standards to more than the Belfair UGA are not included in the draft. See Attachment B. Consider Master Planned Mixed Use Zone in northeast UGA Blend proposed Master Planned Mixed Use code (MP-MU) (Alternative 3). with the County's existing master plan process at MCC 17.70 with adjustments to require a master plan for 10 acres or more (rather than 40 acres), a Type III hearing examiner review. While this master plan process has not been used to date it is an existing code and has provisions that are helpful for staff review, e.g., a 15 year vesting period with 5- year periodic check ins and a way to extend 15- years if necessary. See Attachment C. See Mason County Code, Title 77: https:[Ilibrary.municode.com waImason county/codes/code of ordinances See also Draft EIS Appendix C for more information. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 28 ATTACHMENT B-3: CODE AMENDMENTS Note: For a hearing in June 2021 the proposed edits were shown in redline in the PAC hearing packet, and in December 2021 the edits were shown in final form (accepted) for the most part. The version below shows redlines for clarity. It also addresses housekeeping / clarity amendments based on the Final EIS responses to comments. CHAPTER 17.07 — SHELTON AND BELFAIR URBAN GROWTH AREA DEVELOPMENT REGULATIONS ARTICLE 7. - PUBLIC INSTITUTIONAL (PI) 17.07.710 - Intent. The public institutional designation is intended to: A. Provide an area for activities relating to the purpose of state and local governmental entities and semi-public institutions providing necessary public services; and B. Provide for continued operation and facilitate managed growth of existing major institutions within the Shelton UGA or the Belfair UGA; C. Provide and protect parks, open space and other natural, physical assets of the community to improve the aesthetic and functional features of the community. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.720 - Permitted uses. A. Specific types of permitted uses are those, which provide a public service or fill a public need as described in the statement of intent. Any proposed use, whether new or an expansion or change of an existing use, shall be evaluated individually to determine whether it will be treated as an administrative or special use, based on its size, overall functions, and anticipated level of impact, including, but not limited to, such factors as hours of operation, relationship to adjacent land uses, trip generation and parking needs, storage needs, and environmental impact. Permitted uses include but are not limited to the following: 1.Continuation of uses already legally existing within the zone at the time of adoption of this title; 2.Parks, greenbelts and open space for active or passive recreation or enjoyment; 3.Government buildings or offices such as fire stations, schools and colleges, hospitals, community meeting or recreation halls; 4.Libraries, museums, or similar cultural facilities; 5.Churches; 6.Public utilities, such as electrical, sewer, water, natural gas, stormwater, telecom facilities and other similar uses including but not limited to structural improvements appurtenant to or reasonably related to the provision of electrical and telecommunications services by state or local governmental entities (for example: enclosures and overhead underground facilities such as distribution poles, transmission poles, wires, vaults, conduits, and other associated �i') February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 29 equipment./improvements) except for essential public facilities which are regulated in 17.07.730; B. Similar or related uses permitted, and criteria for determination of similarity or relatedness, are as follows: 1.Uses similar to, or related to, those listed in Section 17.07.720A are permitted upon a finding of the Community Development Director or his/her designee that a particular unlisted use does not conflict with the intent of this chapter or the policies of the land development plan. 2.The criteria for such finding of similarity shall include but not be limited to the following: A. The proposed use is appropriate in this area; B. The development standards for permitted uses can be met by the proposed use; C. The public need is served by the proposed use. C. Child day care centers shall be allowed as an accessory use to those uses permitted by section 17.07.720. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.725 - Accessory uses. The following accessory uses are permitted: A. Storage of supplies and equipment associated with a primary use, and other activities incidental to the primary use such as: 1.Storage yards; 2.Fleet parking; 3.Maintenance/distribution buildings and appurtenant improvements, related facilities and activities; 4.Residential uses as an incidental use to the permitted use, such as caretakers quarters, or as an accessory use to institutional facilities such as housing for students, staff or faculty of colleges, hospitals and the like. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.730 - Special uses. Special uses may be permitted as provided for in Chapter 17.05 of the Mason County Code, and subject to applicable conditions as found in that chapter. Any use that, in the opinion of the Community Development Director, constitutes an essential public facility as defined in 17.06 and consistent with RCW 36.70A.200 shall require a Special Use Permit. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.740 - Prohibited uses. Uses other than those identified or described in Section 17.07.720 and 17.07.730 are prohibited. (Ord. No. 47-09, Attach. A, 6-2-2009) :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 30 17.07.750 - Setback and open space requirements. A. Site Area: The minimum size and shape of the site shall be appropriate to the proposed use of said site and its relationship to abutting properties and traffic patterns in the vicinity of the site. B. Building Height: Maximum height of buildings shall be forty-five feet. PROVIDED that with respect to public utility electrical and telecommunications improvements this standard applies only to buildings and not to other types of public utility infrastructure. C. Building Setback Requirements: 1.If adjacent properties are in the same or in a less restrictive land use district: A. Side Yard Minimum: Fifteen feet; B. Rear Yard Minimum: Fifteen feet; 2.If adjacent properties are in any residential district: A. Side Yard Minimum: Twenty-five feet; B. Rear Yard Minimum: Twenty-five feet. 3.Setbacks from right-of-way: A. If property fronts on a private street or drive, twenty-five feet; B. If property fronts on public street, thirty-five feet. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.755 - Maximum height. 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, or as reviewed by special use permit, not to exceed fifty-five feet. B. PROVIDED that with respect to public utility electrical and telecommunications improvements, the standard in Subsection A applies only to buildings and not to public utility infrastructure, which may be constructed to a height reasonably necessarX to provide the subject service without any special use permit review requirement. (Ord. No. 47-09, Attach. A, 6-2-2009; Ord. No. 52-19, att. A, 6-4-2019) 17.07.760 - Parking requirements. A. Parking shall meet the requirements of Chapter 17.07.800 [Article 81 of this title within the Shelton UGA. B. Parking shall meet the requirements of Chapter 17.28 Off-Street Parking in the Belfair UGA. (Ord. No. 47-09, Attach. A, 6-2-2009) :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 31 17.07.770 - Landscaping. A. Landscaping shall meet all requirements of Chapter 17.07.800 [Article 81 of this title within the Shelton UGA. B. Landscaping shall meet all requirements of Chapter 17.31 - Landscaping in the Belfair UGA. (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.780 - Site plan approval. A. Development within the Public Institutional Zoning District in the Shelton UGA is subject to site plan approval to ensure that new development is planned in a manner consistent with this Chapter and to assure it will be compatible with adjoining development. B. Development within the Public Institutional Zoning District in the Belfair UGA is subject to site and building design standards of 17.07.760 and 17.07.770 and the following chapters: 1. Chapter 17.25 - Pedestrian Access and Amenities 2. Chapter 17.27 - Interior Vehicular Access in the Belfair UGA 3. Chapter 17.29 - Service and Storage Areas In The Belfair UGA 4. Chapter 17.30 - Building Design Requirements In The Belfair UGA 5. Chapter 17.31 - Landscaping In The Belfair UGA 6. Chapter 17.32 - Lighting In The Belfair UGA 7. Chapter 17.34 - Signs In The Belfair UGA (Ord. No. 47-09, Attach. A, 6-2-2009) 17.07.790 - Appeals. Administrative decisions of the Community Development Director or her/his designee shall be final and conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County Development Code Chapter 15.1 1, Appeals. Said statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee in an amount as set by resolution of the board. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant. (Ord. No. 47-09, Attach. A, 6-2-2009) IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 32 CHAPTER 17.20 - GENERAL PROVISIONS FOR THE BELFAIR UGA 17.20.080 - DISTRICTS ESTABLISHED. Zoning districts are established as follows: LTA Long Term Agricultural R-4 Low Density Residential District R-5 Medium Density Residential District R-10 High Density Residential District MPMU Mixed Use Master Plan MU Mixed Use District GC General Commercial District BI Business Industrial District PI Public Institutional (See Chapter 17.07) CHAPTER 17.23 - MIXED USE DISTRICTS IN THE BELFAIR UGA This text presents code amendments associated with Alternative 3 Hybrid. Note: Only text is shown. See Mason County Code for graphics. 17.23.01 0 - "FR" FESTIVAL RETAIL DISTRICT PURPOSE.RESERVED. Hey cis retail trede u5es (e)(EludiRg EeFtain types ef aute oriented use5), eating and dFinking pleees, hetek Eeningercia' and re5identio' den5itie5 aFe lifflited by height limits, parking Fequirements, site , building de5ign, geed pede5trien and Yehicu'OF acce5s, pedestFien amenities end epen space, perl(ing4e4 Market cendifiens, and design guidelines. Design guidelines enrceurege pedestFian eFiented site and Reserved. oi'I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 33 1 7.23.020 - ALLOWED r1WED i SES.RESERVED. feeds,supplies, retail,(6)BakeFies, with em site 5eles;(7)Bars and tayerns etheF then these OSSeEieted ,'Mh fuH EOndies,(!9)Fumiture steFes under fifty theusand square feet;(20)GraEeFy steFes undeF fifty theusand including: pluffibing, lighting, heating�Eeeling 1(2 3)He Fdwa Fe 5teres umdeF fifty theusend square Reserved. 17.23.030 - ACCESSORY i SES.RESERVED. The felles'eing uses afe peFfflitted only es the), aFe a196"OFY to the priffiaFy alle�&ed uses end MOY eF Me)' (I )A'Eehe'iE bes,eFage sales, en site, in as5eciatien with full menu feed Uqe5;(2)MerEhandiI- three hundred square feet;(6)OAUSiE and elee�FeniE game ffleEhime5 up te a total ef r0 , (Ord. Ne 62 nn na+ A 7 7 7009)Reseryed. 17.23.040 - SPEr'^�L-USES.RESERVED. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 34 studies.(! 5)DenEe fleem eYeF thFee hundFed square feet in area.(! 6)QUt deer sterage ef m9eFehen The fellewing uses are prehibited: (I )Adult enteFtaimmient. , Reserved. 17.23.050 - ELK AND DIME.SK)N A i STA NDA RD&RESERVED. applirzable height lifflit, ped(ing FeeluiFements, de5ign standwds and guidelines, building cedes, and s intensity: Ne requirements. Let Diffiemsiems:Neme. Height. The maximum height ef struouFes in the district shall be 45 feet, .�,ith the eXEepfien: The em site peF the felle,eving, ",hiEhe,ver is less: (a) At least 3,000 square feet in eFea and at least 40 fe width; eF (b) Sized te at least Density: Ne ffleximum density stemdwd, heweyer the number ef units may be lifflited by the Setbad(s: There she" be me setbad(5 required in the distri , Reserved. 17.23.060 - SITE DESIGN STANDARDS AND GUI DE INES.RESERVED. by dFi,ve,ways and ped(ing weas. In ether s,.,erds, at 'east fifty peFEent of the lineeF stFeet 40ntOge must either be epen space area (fflust be et leest twenty feet in ovidth fFE)H9 the stFeet te qualify as "Open. C. ps bet,.-.,een SR 3 end Clifton Lane as long as they meet the stemdaFds in Seetien 1 7.23.()70;(2)Qthe preperties where the appNEent eon deffieffitFate that an altemate prepesai Eon better meet the intent of :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 35 the guide limeS.(E)Street cermeFS and highly Yisible sates. Deyelepfflent ef StFee. Eemer pfeperties sheuld ffepeSak fer sites should include at lee5t one ef the design tFeatmemt5 deSEFibed belew.(! )Leeate e bijilding �ewerd5 the stFeet Eermef (,within fefteen feet ef Eeffier pFepeFty line). Building facedes IeEe here aFe eHEeUFOged te ii9clude a speEiEll wehiteouFal element, suEh as a faised reefline, 17 23-060 , Reserved. 17.23.070 - PEDESTRIAN AND VEHICULAR ACCESS STANDARDS AND 6UID€NIA! RESERVED. (a)lntemt , and nieFe , the feEOI P . Exceptions: f J h imteFier roadway, the Eewity may alle,.-., Fedeeed ,,Adths te ne less then eight feet.(2)At IeO54 fifty pefeent ef the combined fFenta,:,- ides ef the primwy #�.,elleway 5heuld feature buildings leest fifty percent ef the building's linear freigtage. The ffifnOry building entrie5 must be lecated aleng this fagede. Weather rincluding awning, raafr r er , 1IFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 36 appkable side at lea5t thirty feet on ruenter in planting stFip5 (at lea5t twenty squeFe feet peF tFee) ef Within 4fee grate 5.(4)Pfeyide pedestrian lighting (atteEhed te buildings or pleced on indiyidual Pei between twe'ye and fewteen feet in height) te oEhieye t�,,,e feet Eendles em the primeFy welkway' "YoNways. Specificelly, ene linew feet of 5eafing (at least sixteen iHEhes deep) shauld be pFeyided eyeFy thiFty squaFe feet ef EeFFidE)F erea. Seating me), indude bemEhes, le,,N, 5eEifing walls, steps, er, if prepedy designed, a pleimteF edge eF edge of e feuntain.(6)UntFeated blenk wal's along P. 17�0 aEEess Reserved. 17.23.080 - BUILDING DESIGN STANDARDS AND GUIDELINE&RESERVED. , iftluding maFEluee5, eF eyeFhangs, et 'east thFee feet in width, eleng E4 least 5eyenf-y- rn_d 133 04 Att. n § 7 (. eo) 2004 g .Reserved. 17.23.090 - LANDSCAPING DIN DESIGN STANDARDS AND _i�LINES.RESERVED. 'and5caped area bet),,.,eem a publie right of way and parking aree she" be at lea5t eight feet al9d iea5t 5ixteem iREhe5 to'' at planting and heye a mature height between thFee end feur fee4;(3)GFeund 5ed in three yews if FnU'Eh is applied until the gFound EOYer filk the designated meel; 7�7 23 090 Reserved. :111 February 9, 2022 Mason County I Belfair Urban Growth Area-Planned Action and Subarea Plan 37 17.23.100 - NON CONFORMING USES AND STRUCTURES.RESERVED. Legally esta 41-led and nen EenfeFniing uses and struetuFes shell be allowed te Femain subjeEt to the EeffiplianEe ,,,,heFe possible &ith the current design standard5 and guideline5 she!! be deteFmined end new tF then twenty perEeHt of *e intensity ef u5e of the pfepeoy fef EeffiniefEiefl uses is fiet ethe, , 2004YReserved. 17.23.1 10 - A DDI I( A RII ITV.RESERVED. , Reserved. RESERVED.17.23.1 20 - "MU" MIXED USE DISTRICT-PURPOSE. The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor, the FR distriet, and at the future crossroads of Romance Hill Road and the planned alternative north south access road. Permitted uses include commercial, office, and residential uses. By allowing a broad array of uses, property owners have more choice in how the land can be developed. Design standards allow developments to front on the street as long as they provide pedestrian-oriented facades—otherwise, developments must provide a landscaping buffer along the street front to enhance the character of the area. Design standards also encourage pedestrian and vehicular connectivity between properties. Building heights up three to five stories are permitted, with lower building heights west of SR-3. Otherwise, no specific density limits are provided (as they will be limited by parking requirements, natural site constraints, and market constraints). (Ord. 1 33-04 Att. B § 2 (part), 2004). 17.23.1 30 - ALLOWED USES. Uses allowed in the MU district shall be as follows: (1 )Alcoholic beverage sales: package stores and wine shops (2)Antique shops (3)Appliance and communication equipment repair shop and/or sales (4)Art galleries and artist studios (5)Art and craft supplies, retail e�'I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 38 (6)Bakeries, with on-site sales (7)Bars and taverns, other than those associated with full menu food service (8)Bicycle shops (9)Book stores (1 0)Banks and financial institutions (11)Barber and beauty shops (12)Building material sales (13)Churches (14)Commercial child care centers (15)Community centers (16)Clinics, including veterinary (17)Clothing sales and rentals and shoe stores (1 8)Delicatessens (19)Detached dwelling per lot (one) (20)Dry cleaners and laundries, not including laundromats (21)Duplexes (22)Fabric and yard goods stores (23)Florists (24)Food specialty shops, including: baked goods, meats, health foods, candies (25)Funeral parlors, cremation and mortuary services (26)Furniture stores (27)Grocery stores (28)Gyms, fitness and aerobic studios (29)Hotels/motels (30)Household specialty shops, including: plumbing, lighting, heating/cooling (31)Hardware stores (32)Hobby shops (33)Jewelry stores (34)Laundromats (35)Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving (36)Light manufacturing of handcrafted products (37)Light manufacturing of computers, office machines and equipment manufacturing IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 39 (38)Local utility system transmission lines and structures (39)Locksmiths (40)Lumber and other building materials including pre-assembled products (41)Medical offices (42)Multi-family dwelling units (43)Museums, libraries, and educational facilities (other than public schools) (44)Music stores, recordings and instruments (45)Outside storage and display (46)Paint and glass shops (47)Parks (48)Pharmacies, dispensing (49)Photographic studios (50)Printing, publishing and reproduction services (51)Professional offices (52)Public transportation: bus terminals, park and ride lots (53)Radio and television broadcasting stations (54)Recycling centers (55)Rental and leasing services: vehicles, furniture and tools (56)Research, development and testing services (57)Restaurants, cafes and food stands (58)Retail shops not otherwise named which are under ten thousand square feet (59)Second hand stores and pawn shops (60)Service and repair shops for appliances, small equipment, and automobiles (61)Sporting goods stores (62)Stationary and office supply stores (63)Theaters, live stage (64)Theaters, motion picture (65)Townhouses (66)Triplexes (67)Vehicle parts stores and (68)Wholesale trade uses. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 40 (Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 21-1 3, Attach. A, 4-16-201 3; Ord. No. 30-13, Attach. A, 6-4-2013; Ord. No. 53-16, Att. A, 8-16-2016) 17.23.140 - SPECIAL USES. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (I)Utility buildings and structures except transmission lines and structures. (2)Commercial parking lots not associated with an on-site use. (3)Live entertainment except between the hours of 12:00 AM and 7:00 AM. (4)Private transportation depot. (5)Schools. (6)Public sidewalk food and merchandise vendors including espresso and newsstands. (7)Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks. (8)Self-storage facilities. (Ord. 133-04 Att. B § 2 (part), 2004). (Ord. No. 23-19, Att. A, 3-19-2019) 17.23.145 - PROHIBITED USES. The following uses are prohibited: (a)Adult entertainment. (Ord. 133-04 Att. B § 2 (part), 2004). 17.23.150 - BULK AND DIMENSIONAL STANDARDS. Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions. Intensity: No requirements. Minimum Lot Area: None. Lot Dimensions:None. Height:The maximum height of structures in the district shall be 55 feet, with the following exception: The top of buildings or structures (including rooflines but excluding church spires, bell towers, and chimneys) on the west side of SR-3 shall not reach an elevation of more than 35 feet above the grade level of the roadway, within 150 feet of the SR-3 right-of-way. Setbacks: See subsections 17.23.155(c), 17.23.165(b) and (c), and 17.31.020(G) for required setbacks, otherwise no setbacks are required. :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 41 (Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 52-19, att. A, 6-4-2019) 17.23.155 - SITE DESIGN STANDARDS AND GUIDELINES. (a)Intent. (1 Jo upgrade the identity of downtown Belfair. (2)To enhance the streetscape by minimizing the amount of driveway and parking areas visible from the street in downtown. (b)For properties fronting Old Belfair Highway, NE Roy Boad Road and The Old Beards Place, and properties fronting streets along or within the central triangle area between Clifton Way SR-3, and Old Belfair Highway, provide pedestrian-oriented street frontage. Specifically, no more than fifty percent of the linear street frontage for commercially developed properties shall be occupied by driveways and parking areas. In other words, at least fifty percent of the linear street frontage must either be: (1 )Landscaping: at least twenty feet of width of Landscape Type B; (2)Pedestrian oriented spaces (see definition): at least twenty feet in width; (3)Pedestrian-oriented facades (see definition); (4)Any combination of the above. Exception: alternative proposals will be considered where the applicant can demonstrate to the county that such proposal can better meet the intent of the guidelines. (c)Set back buildings adjacent to SR-3 sufficient to accommodate the planned roadway configuration, planting strip and sidewalk improvements per the Belfair urban growth area plan. (d) Through compliance with frontage standards and mid-block crossings, new development shall create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR-3, and Old Belfair Highway. (1) Intent. To improve the pedestrian environment downtown by making it easier, safer, and more comfortable to walk between businesses, to the street sidewalk, to transit stops, and through parking lots. (2) Create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR-3, and Old Belfair Highway. These may be one direct route, a curvilinear route, or several indirect routes depending on development opportunities, developer creativity, and constraints on individual properties. Due to the size of the parcels in this area, it is recognized that such a pedestrian network will likely be developed incrementally over time as properties redevelop. However, these properties represent the focal point for downtown Belfair and the area is intended to become the focal point for social, cultural, and festival retail activities in the community as well. The pedestrian network should include at least one primary east-west pedestrian route through the downtown area and contain at least one primary north-south walkway connecting to SR-3. Applicants must demonstrate how their proposal meets the guidelines below and provides for future extensions of the pedestrian network. Specific guidelines: (A) Primary walkwaxs in the network must be at least twelve feet in width. Other �i,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 42 (secondary) walkways should be sized and designed per subsection 17.25.020(e). Exceptions: (i) The county may approve a six-foot wide pathway width where it can be demonstrated that the primary walkway should follow an interior property line; ii Where the primate walkway follows an interior roadway, the county may allow reduced walkway widths to no less than eight feet. (3) At least thirty three percent of the combined frontage on both sides of the primary walkway should feature buildings with pedestrian-oriented facades. Definition: Pedestrian-oriented facades contain transparent window area or window displays along at least thirty three percent of the buildings linear frontage. The primary building entries must be located along this facade. Weather protection, including awnings, canopies, marquees, or overhangs, at least six feet in width and ten foot in height clearance, must be provided along at least eighty percent of the building frontage. (A) Where the primary walkway is adjacent to driveways or parking lots, provide street trees on the applicable side at least thirty feet on-center in planting strips (at least twenty square feet per tree) or within tree grates. (B) Provide pedestrian lighting (attached to buildings or placed on individual poles between twelve and fourteen feet in height) to achieve two foot-candles on the primary walkways surface. (C) Incorporate pedestrian amenities, including seating, landscaping, and public art, along primary walkways. Specifically, one linear foot of seating (at least sixteen inches deep) should be provided for every thirty square feet of corridor area. Seating may include benches, low seating walls, steps, or, if properly designed, a planter edge or edge of a fountain. (D) Untreated blank walls along primary walkways are prohibited. (Ord. 1 33-04 Att. B § 2 (part), 2004). [See MCC for figure] Figure 2. Illustrating one way new development could meet the site design and pedestrian and vehicular access standards. (Ord. 1 33-04 Att. B § 2 (part), 2004). 17.23.1 60 - BUILDING DESIGN STANDARDS AND GUIDELINES. (a)lntent. (1 )To encourage pedestrian activity downtown. (2)To make businesses inviting. (3)To add comfort and interest to the pedestrian experience along the street front. (b)Buildings fronting on Old Belfair Highway and NE Roy Boad Road must feature pedestrian-oriented facades (see Figure 3). This includes: VIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 43 (1)Transparent window area or window displays along at least fifty percent of the buildings linear frontage; (2)Primary building entries located along this facade; (3)Weather protection, including awnings, canopies, marquees, or overhangs, at least three feet in width, provided along at least seventy-five percent of the building frontage. Awnings may extend to within four feet of the roadway curb, subject to Mason County building permit review. (c) Streets along and within the central triangle area between Clifton Way, SR-3, and Old Belfair Highway shall meet the provisions of (b)(2)and (b)(3). (Ord. 133-04 Att. B § 2 (part), 2004). 17.23.165 - LANDSCAPING DESIGN STANDARDS AND GUIDELINES. (a)Intent. To mitigate the appearance of parking lots on the streetscape. (b)The minimum landscaped area between SR-3 and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings (see Figure 5): (1)An average of one tree per twenty linear feet of required landscaped area; (2)An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3)Ground cover per 17.31.020(d)(5) standards. (c)The minimum landscaped area between all other public streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings: (1)An average of one tree per thirty linear feet of required landscaped area; (2)An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3)Ground cover per 17.31.020(d)(5) standards. (Ord. 133-04 Att. B § 2 (part), 2004). 17-23-165 Figure 5. Illustrating standards for landscaping buffers between a street and parking lot. 17.23.170 - NON-CONFORMING USES AND STRUCTURES. Legally established and continued Non-conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations except that in the mixed- use district the following allowances shall also apply to legally established structures and uses. (1)Non-Conforming Structures. (A)A non-conforming structure that is damaged or accidentally destroyed up to one hundred percent may be replaced subject to the obtaining of a special use permit wherein compliance where possible with the current design standards and guidelines shall be determined and required. �i,I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 44 (B)A non-conforming structure may be enlarged, extended or structurally altered so long as any new construction does not increase the non-conforming aspects of the structure. (2)Non-Conforming Uses. (A)A nonconforming use may continue so long as the associated structure is not enlarged by more than twenty percent or the intensity of use of the property for commercial uses is not otherwise increased. (Ord. 133-04 Att. B § 2 (part), 2004). 17.23.180 - APPLICABILITY. The provisions of this section and chapter shall apply to all new construction, applications for change of use and/or alterations to existing structures. (Ord. 133-04 Att. B § 2 (part), 2004). 17.23.200 - MASTER PLANNED " MP-MU" MIXED USE DISTRICT-PURPOSE. The purpose of this district is to provide for large-scale master planned developments. This district allows a mix of commercial and residential uses with a focus on business/industrial park development and multifamily housing. 17.23.210 - ALLOWED USES. The uses permitted in the following zones are permitted in the Master Planned Mixed Use District: (1) General Commercial (2) Mixed Use 17.23.220 - SPECIAL USES. The special uses in the following zones are considered special uses in the Master Planned Mixed Use District, unless otherwise permitted per 17.23.210: (1) General Commercial (2) Mixed Use 17.23.230 - BULK AND DIMENSIONAL STANDARDS. Bulk and dimensional standards of the Mixed Use zone shall apply. 17.23.240 - SITE DESIGN STANDARDS AND GUIDELINES. Proposals shall meet the UGA design standards found in Chapters 17.25 through 17.35. 17.23.250 - BUILDING DESIGN STANDARDS AND GUIDELINES. Building Design standards and guidelines of MCC chapter 17.30 shall apply. AIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 45 17.23.260 - LANDSCAPING DESIGN STANDARDS AND GUIDELINES. (a)Landscaping standards and guidelines of Chapter 17.31 shall apply except where amended below. (b) Landscaping design standards and guidelines in MU-MP shall include the following: 1 Intent. (A) To mitigate the appearance of parking lots on the streetscape. (B) To enhance the appearance of the SR-3 corridor. (2) The minimum landscaped area between SR-3 north of the railroad and a parking, service, or outdoor storage area shall be at least thirty feet and include the following plantings (see Figure (A) An average of one tree per twenty linear feet of required landscaped area; (B) An average of one shrub per twenty square feet of planting area Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (C) Ground cover per 17.31.020(d)(5) standards. (3) The minimum landscaped area between SR-3, south of the railroad, and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings: (A) An average of one tree per thirty linear feet of required landscaped area; (B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet• (C) Ground cover per 17.31.020(d)(5) standards. (4) The minimum landscaped area between all other streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings: (A) An average of one tree per thirty linear feet of required landscaped area; (B) An averacie of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (C Ground cover per 17.31.020(d)(5) standards. (c) The following substitute landscape buffers shall apply to create transitional landscape standards between hiciher intensity uses and lower intensity uses. Chapter 17.31 Table 3 applicable landscape types shall be applied except as follows: (1 ) Category 3, 4, and 5 uses abutting Categories 1, 2, and 3 uses (A) 20 foot Type A (B) 30 foot Type B (C) 40 foot Type C oi,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 46 (2) Category b uses abutting Categories 1, 2, and 3 uses (A) 30 foot Type A (B) 40 foot Type B (C) 50 foot Type C 17.23.280 MASTER PLAN See MCC 17.70 Master Development Plans. 17.23.290 - NON-CONFORMING USES AND STRUCTURES. Legally established and non-conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations. 17.23.300 - APPLICABILITY. The provisions of this section and chapter shall apply to all new construction applications for change of use and/or alterations to existing structures. ��,I February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 47 CHAPTER 17.70 MASTER DEVELOPMENT PLANS 17.70.01 1 - Eligibility. The MDP process may be initiated when the following criteria are met: (1)Applicant. The master development plan application must include notarized signatures of all current property owners listed on the title report consenting in writing to the proposed master development plan and review process. If the property owner is a corporation, trust, or other holding legal interests in the land the authorized representative must attach proof of signing authority on behalf of the corporation, trust, etc. (2)Minimum Size. (A)To be eligible for consideration as an MDP in an urban growth area, the area shall contain a minimum of #er#y ten acres. (B)To be eligible for consideration as an MDP in an area not within an urban growth area, the area shall contain a minimum of two hundred fifty acres. (3)Contiguous Parcels. To be eligible for consideration as an MDP, the tract shall consist of a parcel or set of contiguous parcels under single ownership or control of one person or entity with the authority to develop the land within the proposed MDP. Contiguous parcels include parcels that are separated by right-of-way, such as roads. (4)Zoning Classification. Land proposed for an MDP may not be located in designated resource lands. (5)Fully Contained Community (FCC). Any proposed FCC shall include an application for an MDP. (Ord. 0 1-08 (part), 2008: Ord. 1 12-06 (part), 2006). (Ord. No. 09-17, Attach. A, 3-17-2017) 17.70.015 Submittal and review requirements. (a) Initial Submittal Requirements. An MDP shall be prepared in a clear and legible manner necessary to demonstrate that the requirements of this code are being fulfilled and shall include but not be limited to the following: (1) Plans and Maps. All maps or plans submitted shall be submitted electronicallypfesented erg All maps shall include the name of the proposal; north arrow; scale; date map was prepared and revisions when applicable; a vicinity map; and the name, address, and phone number of the applicant. If plans are presented on more than one sheet, match lines shall clearly indicate where the several sheets join. One eleven by seventeen-inch reduction of all plans and supporting graphics shall also be submitted. A plan or portion thereof involving engineering, architecture, landscape architecture, or land surveying shall be respectively certified by an engineer, architect, landscape architect, or land surveyor licensed by the state of Washington to practice as such. The sheet size and scale of any plan may be modified by the director, based on the nature and/or size of the application. In addition, the submission requirements for any modifications to an approved MDP shall be those requirements deemed necessary for a review of such modification, as determined by the director. �i,� February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 48 (20) Planned Uses and Functions Within the Boundaries of the MDP. Including the density or intensity of proposed uses and the maximum height and size of the proposed structures. This information shall be keyed to a supporting concept map for easy reference. A chart providing the following information shall include the following: (A) Maximum number of dwelling units by type (e.g., single-family attached, single family detached, cottage housing, duplex, townhouse, etc.); (B) Maximum total square feet of building floor area proposed for commercial or industrial uses by general type of use; (C) Maximum total land area, expressed in acres or square feet and as a percent of the total development area, proposed to be devoted to residential, commercial, or industrial uses; minimum public and private open space; streets; and, off-street parking and loading areas. Land area and square feet may be expressed as a range (minimum and maximum ranges); (D) Maximum total land area expressed in acres and as a percent of the total development area (and by phase), proposed to be in pervious and impervious surface. (29) 8ptieAdditional Elements. (A) Concept landscaping plan. (B) Concept lighting plan. (C) Project signage plan. (D) Plans showing building orientation, massing, and footprints. (E) Features unique to commercial and industrial sites if applicable, such as security measures, loading, and material storage. (b) Review Criteria. MDPs must demonstrate compliance with the applicable goals and policies of the comprehensive plan and detail the source and adequacy of water, wastewater treatment, stormwater treatment, surface and groundwater protection, critical area protection, fire control, transportation, and mitigation on adjacent properties to compensate for direct impacts from traffic, noise, fugitive dust, odor, and runoff. Compliance with these review criteria shall entitle the applicant to a residential density bonus not to exceed the maximum residential density bonus allowed within the underlying zoning district. An applicant satisfies the conceptual plan requirements of this chapter if the plan demonstrates that the proposed concept is feasible. In most circumstances, detailed engineering studies are not required to demonstrate feasibility. The burden of proof is on the applicant to demonstrate the proposed MDP is consistent with the following criteria. (2) Uses and Density. (A) An MDP may only contain uses that are permitted in the zone(s) in which it is located. (B) When an MDP is located in more than one zoning district, uses and density may shift between zoning districts within the boundaries of the MDP if that transfer does not: (i) Exceed the maximum density of the zones; and (ii) Transfer density from inside the urban area to outside the urban area. (C) Bonus Density. The county board of commissioners, or hearing examiner in the case of Belfair, may approve a bonus in the number of dwelling units allowed up to the maximum residential density allowed in the Mason County Code, based on the gross land area of the property, if: (i) For Rural Areas. The applicant may request a bonus in the number of dwelling units �i,) February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 49 permitted by the underlying land use district, up to the density permitted by a performance subdivision in rural areas (see Mason County Code Section 17.03.032(a),Chapter 16.21,). Notwithstanding any other provision of Titles 16 and 17, the applicant may obtain such bonus density by means of approval of the MDP, and may subdivide consistently with such MDP by means of a standard subdivision, without approval of a performance subdivision. (ii) For Urban Areas. The applicant may request a density bonus of up to one unit/gross acre for each five percent increase in the total minimum required open space. (iii) Bonus Decision Criteria. The county board of commissioners, or hearing examiner in the case of Belfair, may approve a bonus in the number of dwelling units allowed up to the maximum residential density allowed in Mason County Code, based on the gross land area of the property, if: a. The design of the development offsets the impact of the increase in density due to provision of privacy, open space, landscaping, and other amenities; or b. The increase in density is compatible with existing uses in the immediate vicinity of the subject property. c. If no density is transferred from within the urban area to outside the urban area. (4) Site/Building Design. Development shall demonstrate high quality architectural design and thoughtful placement of structures in relation to the natural and built environment. (A) Siting of all development shall avoid the following: (i) Interruption of scenic views and vistas from public rights-of-way, parks, and other publicly owned lands; (ii) Construction on hill tops or ridgelines without consideration of building massing, visibility and the inclusion of public spaces; (iii) Dirtec+Unconsolidated access points from indiYodual multiple parcels onto existing-pub weysstate routes or county arterials and collectors unless no alternative is possible, (iv) A predominant "linear" configuration of common open space (except when following a linear site feature such as a watercourse or shoreline); (v) Creation of a "gated" community. (5) Common Open Space. A common open space designated on the master development plan is area permanently restricted from future residential development. Common open space is land that meets the following standards: (A) Urban Growth Areas. Minimum common open space for master development plans located within an urban growth area. (i) Common open space shall be predominately located in large contiguous, undivided areas, with no dimensions less than thirty feet. (ii) Critical areas may be located within the common open space, provided no more than twenty percent of the common open space areas are designated critical areas, and the critical areas and their buffers account for no more than forty percent of the common open space. Signage and/or fencing may be required to protect and/or delineate the critical area. (iii) The minimum common open space shall be concentrated in large usable areas. �i,� February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 50 (iv) Single-Family Residential. Residential developments shall provide a minimum area of common space or recreation area equal to one hundred square feet per unit. (v) Attached Residential Units. Attached housing developments shall provide a minimum area of common space or recreation area equal to two hundred square feet per unit. (vi) Common open space shall be accessible by all residents and employees of the MDP for passive recreation and enjoyment. (6) Private Open Space for Master Development Plans within Urban Growth Areas. Each residential unit in the MDP shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space, which is contiguous to the unit and shall be an area of at least twenty percent of the gross square footage of the associated dwelling units. The private open space shall be well demarcated and at least ten feet in every dimension. Decks on upper floors are allowed for those units. For dwelling units that are exclusively upper story units, there shall be deck areas totaling at least sixty square feet in size with no dimension less than five feet. This Baer story provision is inapplicable to e# k►ed detached residential units. Where the underlying zoning district has specific open space requirements those shall supersede these in this paragraph. 17.70.016 - Process. (a)Permit Process. MDPs shall be reviewed under a Type IV permit procedure provided in the Belfair UGA the permit type shall be Type III. A complete MDP application together with all required materials listed in Section 17.70.015(a) and (b) shall be submitted to the director prior to review and after and a pre-application meeting with county staff has been held. (b)Complete Application. An application is complete for purposes of this section when it meets the submittal requirements established by the county, is accompanied by payment of all required fees and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the county from requesting additional information or studies either at the time of the notice of completeness or subsequently, if new information is required to complete review of the application or substantial changes in the permit application are proposed. A valid and complete application for an MDP that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the land use regulations in effect on the date of such valid and complete MDP application. (c) SEPA Threshold Determination. An application for an MDP shall not be considered complete unless it is accompanied by the appropriate State Environmental Policy Act (SEPA) document in accordance with all procedural requirements of Chapter 43.21 c RCW, SEPA, administrative regulations adopted to implement SEPA, and the Mason County Environmental Policy Ordinance 99-84, or as hereafter amended. Applicants shall prepare SEPA analysis that addresses the MDP as a whole for the requested build- out period, and may address to a greater detail one or more early phases. The SEPA document for an MDP shall analyze a range of uses and impacts within the project envelope, i.e., development :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 51 assumptions and parameters including but not limited to areas of clearing and pavement, building heights, traffic trips, etc. As such, much of the development proposed in any subsequent ISD plan application will most likely have been addressed in the MDP SEPA document. In the Belfair UGA, the applicant will submit a SEPA checklist for purposes of determining consistency with the Planned Action Ordinance. If the proposal is consistent, no further SEPA review will be required. (d)Referral and Comment. (1)County Review. Upon receipt of a complete application, the county will assign a planner to coordinate the review and processing of the MDP application. The complete application shall be circulated to the appropriate county staff and other agencies with jurisdiction as necessary. (2)Third-Party Review. The county may require third-party review in cases where additional professional or technical expertise is required. The cost of any third-party review will be the responsibility of the applicant. (e)Development Agreement. For master plans requiring Type IV permit review, tThe applicant shall prepare a development agreement for county review and approval, in accordance with RCW 36.170B.170 through 210. (f)Public Notice and Hearing. Upon receipt of a complete application for a master development plan or amendment, notice of application, public meetings, and hearings shall be given consistent with MCC Chapter 15.07. (g)Cancellation of Master Development Plan Applications. Applications for an MDP and approvals may be canceled for inactivity if an applicant fails to respond to the county's written request for revisions, corrections, or additional information within ninety days of the request. The director may extend the response period beyond ninety days if within that extended time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information needed by the county. (h)Planning Advisory Committee Review. The planning advisory committee shall hold a public meeting to hear public testimony and make a written recommendation on the proposed MDP to the county board of commissioners, whether to approve, approve in modified form, or deny the proposed MDP or amendment, based on the findings in Section 17.70.017. provided that in the Belfair UGA the permit review process shall be consistent with a Type III permit review. (i)Board of County Commissioner Review and Action. Pursuant to MCC Section 15.09.060, the county board of commissioners will hold a public hearing to hear public testimony and consider the recommendation of the planning advisory committee. The board of county commissioners may approve, approve with modifications or deny the proposed MDP or amendment, based on findings contained in Section 17.70.017. The approved plan shall be recorded and may be amended more than once if the applicant, developer and/or successor in interest and the board of county commissioners agree. In the case of the Belfair UGA, the permit review process shall follow a Type III process, and the hearing examiner may approve, approve with modifications, or deny the proposed MDP or amendment, based on findings contained in Section 17.70.017. (Ord. 0 1-08 (part), 2008: Ord. 1 12-06 (part), 2006). :111 February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 52 17.70.017 - Decision. (a)Findings. The board of county commissioners or in the case of the Belfair UGA the hearing examiner, may approve an MDP or amendment only if all of the following findings of fact can be made in a positive manner: (1 )The MDP is consistent with and promotes the goals and policies of the comprehensive plan and any applicable sub-area plan. (2)The proposed MDP adequately addresses the applicable review criteria in Section 17.70.015(b). (3)The MDP and handbook provide adequate guidance for the design, development and coordination of future phases. The development standards contained in the MDP handbook serve to protect the public health, safety and general welfare. (4)The MDP adequately addresses the physical development characteristics of the proposed development area. (5)Proposed on- and off-site public and private improvements shall be sufficient to accommodate the proposed phased development and any capacity requirements of public facilities plans; provisions shall be made to assure that construction of off-site improvements occur in conjunction with a schedule of the phasing. (6)The MDP is consistent with all applicable requirements of state and federal law. (7)Physical features, including but not limited to, critical areas, surface and groundwater, significant clusters of trees and shrubs, riparian areas, open spaces, and areas of historic and archaeological significance are protected as specified by Mason County Code or in state or federal law. (8)Local public facility plans and transportation plans shall not be significantly adversely impacted by the proposed development and mitigation is provided to ensure attainment of county or service provider standards. (b)Rural Lands. In addition to the finding listed above in subsection (a), in rural areas the county must make the following findings: (1)MDPs in rural areas shall not require the provision of municipal sewers. (2)ln rural areas, on-site public services or facilities are limited to the land area within the MDP and are not available to spur growth outside the MDP. (c)Fully Contained Communities (FCCs). In addition to the findings listed above in subsection (a), findings for new, fully contained communities are as outlined in RCW 36.70A.350. (1)Infrastructure, including transportation, wastewater disposal, water service, school, fire, and public safety must be capable of meeting demand, as it occurs in the FCC. A voluntary agreement may substitute for construction of necessary improvements to meet adequacy requirements, if local service providers approve in writing and the program is adopted into the approved MDP as a condition of approval. (2)The MDP identifies and provides for internal and external links to implement transit-oriented site planning and traffic demand management programs. The MDP shall identify how such �i,� February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 53 programs are implemented and conform to regional transportation plans. (3)The MDP shall identify and develop buffers to separate the MDP community from potentially incompatible but lawful uses, and from adjoining urban development, if any, or rural development. (4)The MDP shall provide a phasing plan to include a mix of uses within the community to provide jobs, housing, and services to the residents of the new community. The phasing plan shall provide assurance that the community will develop with a balance of residential, commercial, and other uses. (5)The MDP shall provide affordable housing for a broad range of income levels, which may include a mix of residential uses such as attached and detached single-family units; accessory dwelling units; duplexes, triplexes, and fourplexes; townhouses; cottages; and multifamily; as well as senior housing, including assisted living, congregate, and long-term care facilities. (6)The environmental documents shall identify and designate on-site, and off-site to the extent necessary, all environmental considerations, and specifically but not limited to all critical areas that may be affected by the proposed development, and the steps taken to avoid or minimize the impact to the extent possible, and to mitigate the potential impacts where such impacts are unavoidable. The MDP shall contain a specific section addressing critical areas and shall provide covenants within the community assuring critical area protection as required by the county critical area regulations. (7)The water and wastewater facilities developed for the MDP shall not be used or available outside the boundaries of the fully contained community to assure that the new community will not foster urban growth outside the boundaries of the approved site. The county may establish other specific limitations through the MDP review process to assure that such urban development does not occur. (8)The MDP shall identify resource lands in the vicinity of the community that may be affected by the community and identify mechanisms by which such resource lands, and the activities thereon, are to be protected so as not to not diminish the productivity of the resource land, nor render more difficult or expensive the resource activity, including planting, maintaining, harvesting, extraction processing, and transportation, as appropriate on designated resource lands. (9)Development in proposed fully planned communities shall be limited to uses permitted in remote rural lands until the MDP is approved as provided in this section. (d)For MDP Amendments Only. In a case of an MDP amendment, the following additional finding shall be made before its approval: The proposed amendment to the MDP is consistent with the purpose and intent of the MDP it is amending. (e)Approval. In making a decision to approve an MDP, the board of county commissioners, or the hearing examiner in the case of the Belfair UGA, may add conditions of approval as may be necessary to assure that the proposal will comply with the criteria for approval. Upon approval, the MDP as conditioned must be recorded, and all future development must show consistency with or be found to exceed those in the approved MDP. (f)Denial. If the board of county commissioners, or the hearing examiner in the case of the Belfair UGA, finds that the proposed MDP does not substantially comply with the criteria for approval, it �i,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 11 54 may deny the proposal. (Ord. 0 1-08 (part), 2008: Ord. 1 12-06 (part), 2006). 17.70.022 Amendments/modifications to the MDP and schedule. Once the board of county commissioners or the hearing examiner in the case of the Belfair UGA, has approved an MDP, it shall not be altered except by approved amendments. Amendments or modifications to the approved MDP must be processed under the applicable procedures described below: (1) Minor Departures. Modifications that do not affect the basic underlying assumptions of the adopted MDP and which are not determined to be similar to subsection (2) or (3) below shall be processed as ministerial decisions (Type 1) decisions by the director. This determination is made after consulting with the appropriate staff from the community development and public works to confirm that the proposed modification is not substantial enough to constitute a change to the purpose and intent of the MDP. (2) Minor Modifications. Modifications that are significant but do not affect the basic underlying assumptions of the approved MDP shall be processed under a Type II-with notice procedure. Changes may include the following: (A) Request by applicant for a change of density allocation within the density range allowed within the approved MDP or consistent with subsequently adopted land use decisions or rezones that have undergone State Environmental Policy Act review; (B) Request by the applicant for a change to the alignment or design features of local street right-of-way; (C) Request by the applicant, county, or other public agency to the sizes or location of public facilities; (D) Request by the applicant for change of scheduled phasing beyond the approved time limit for the phased development when the proposed change affects the construction of scheduled public improvements; (E) Requests for MDP amendments initiated by the county based on the requirement to implement newly adopted state or federal regulations; (F) Other changes to the final approved MDP as requested by the applicant that the director determines to be similar to the modifications set forth in this subsection. (3) Major Modifications. Modifications which affect the underlying basic assumptions of the approved MDP or that prohibit, restrict or significantly affect its implementation shall be processed as a Type III-V and include: (A) Requests for realignment or redesignation of arterial or collector streets initiated by the applicant; (B) Inability of the county or the applicant to provide essential public infrastructure, upon which approval of the MDP was granted; (C) Requests for MDP amendments initiated by the county, based on the requirement to implement new adopted state or federal regulations, or if determined necessary by the county for protection of public health and safety; (D) A request by the applicant to alter critical areas, natural features, open space areas, and cultural resources beyond the scope of the approved MDP and handbook in a manner that would adversely impact critical area functions and values. (E) A request by the applicant for the extension of the time limit of the MDP beyond the NIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 55 approved time limit specified in Section 17.70.023, but in no case shall the extension exceed thirty years from the original MDP approval date. (F) Other changes to the final approved MDP as requested by the applicant that the director determines to be similar to the modifications set forth in this subsection. �i,l February 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 56 Attachment G Planned Action Ordinance C-1 PLANNED ACTION DESCRIPTION The County is proposing to designate the Belfair UGA as a Planned Action, pursuant to the State Environmental Policy Act ("SEPA"; see RCW 43.21 c.440 and WAC 197-1 1 -164 to 172). A planned action provides more detailed environmental analysis during an areawide planning stage rather than at the project permit review stage. Designating a planned action streamlines environmental review for development proposals. Planned actions would be allowed if they meet or exceed proposed land use and environmental performance standards in the planned action ordinance. Planned Action Boundaries would be the full UGA. See map below. Preferred Alternative: Apply the Planned Action to the full UGA to ensure that thresholds and mitigation apply to all development in the UGA (e.g., transportation, required connection to water, phasing of water and sewer). Exhibit 11. Planned Action Boundaries under Alternative 3 Hybrid with UGA Boundary Adjustments Full UGA ? F C n { d" P Y ti i j 01 ; :10 BERK MNov Uli.b:.Narr >bmM.<..m 4w •'•v Gw.r.w r t.. uGaa w�:W4n Source: Mason County GIS, BERK 2021. Preferred Alternative Planned Action Mitigation Measures and Transportation Mitigation Fee: Updated ordinance draft to refer to Alternative 3 Hybrid as Preferred Alternative. This applies to growth levels, trip bank, and transportation mitigation fee. IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 57 Preferred Alternative Transportation Cost Share: Require consultation with Bremerton regarding the SR 3/SR 3 Freight Corridor/SW Lake Flora Rd intersection until replaced with reciprocal impact fee agreement. Fees were developed in the Draft EIS and updated in Supplemental Draft EIS based on adjustments to responsibilities for some improvements or consistency with EIS conclusions and feasibility. Proposals added include pedestrian/trail features (about $2M) to match the subarea plan. The costs already assume a County share to address existing / future pass-through volumes. Exhibit 12. Estimated Fee Per Trip by Alternative Alternative Total Weekday Total Mitigation Fee Per Trip PM Peak Hour Cost Trips Alternative 1 —No Action 419 $1 2.9 M $30,700 Alternative 2 4,101 $1 8.1 M $4,413 Alternative 3 3,771 $17.8 M $4,721 Alternative 3 Hybrid 3,454 $17.0 M $4,915 Should the County decide to alter the fee, information is presented below on the different percentages and comparison to example jurisdictions. Ultimately, even if the public/private share of costs is modified, the County's concurrency process will ensure that improvements are installed or committed within six years of development consistent with the Growth Management Act. Exhibit 13. Preferred Alternative 3 Hybrid at variable percentages Alternative 3 Hybrid 25% 0% 00% $4,915 $1,229 $2,458 $3,686 $4,915 ■ Average per trip in Western Washington: $4,744 (2021-22) ■ Port Orchard: $4,976.76 (March 1, 2021) ■ Shelton: $3,736 ■ Kitsap County: $4,300 per new unit (Feb. 1, 2022) ■ Bremerton PSIC (formerly SKIA): $1,1 26 (20% of cost, 201 2) IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 58 C-2 PLANNED ACTION ORDINANCE IIIFebruary 9, 2022 Mason County I Belfair Urban Growth Area—Planned Action and Subarea Plan 59 ORDINANCE NO. XXX AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON ADOPTING A SEPA PLANNED ACTION RELATED TO THE BELFAIR SUBAREA AND AMENDING CHAPTER 8.16 OF THE MASON COUNTY CODE REFERENCING STATE ENVIRONMENTAL POLICY ACT RULES. I. RECITALS WHEREAS, the State Environmental Policy Act (SEPA) and its,implementing regulations provide for V:Nl the integration of environmental review with land use planning and project review through the designation of planned actions by jurisdictions planning under the Growth Management Act (GMA), such as Mason County ("County") and { WHEREAS, Section 43.21 C.440 of the Revised Code of Washington (RCW), Sections 197-1 1-164 through 172 of the Washington Administrative Code (WAC) allow for and govern the adoption and application of a planned action designation under SEPA; and WHEREAS, the designation of a planned action expedites the permitting process for projects of which the impacts have been previously addressed in an environmental impact statement (EIS); and WHEREAS, a subarea of the County consisting of the Belfair Urban Growth Area (UGA) as depicted on the map attached hereto as Exhibit A and incorporated herein by this reference, has been identified as a planned action area for future redevelopment to a mixed-use center ("Planned Action Area"); and `'ffri �,�'`�{'�� WHEREAS, the County has adopted and updated a subarea plan for the Belfair UGA complying with the GMA (RCW 36.70A), dated XXX, to guide the development of the Planned Action Area ("Belfair UGA Plan"); and WHEREAS, after public participation and coordination with all affected parties, the County, as lead SEPA agency, issued the Mason County Belfair Urban Growth Area Final Environmental Impact Statement ("Final EIS") dated February3, 2022, which identifies the impacts and mitigation measures 60 associated with planned development in the Planned Action Area as identified in the Belfair UGA Plan; and WHEREAS, the Final EIS includes by incorporation the Mason County Belfair Urban Growth Area Draft Environmental Impact Statement issued on April 29, 2021 and the Supplemental Draft Environmental Impact Statement on October 28, 2021 (collectively referred to herein as the "Planned Action EIS"); and WHEREAS, the County desires to designate a planned action under SEPA for the Belfair UGA ("Planned Action"); and WHEREAS, adopting a Planned Action for the Belfair UGA with appropriate standards and procedures will help achieve efficient permit processing and promote environmental quality protection; ;X P and *Iw, J �^rf. r . WHEREAS, the County is amending the Mason County Comprehensive Plan for consistency with the Belfair UGA Plan as amended and supporting infrastructure plans; and WHEREAS, the County is adopting zoning regulations concurrent with the Belfair UGA Plan to implement said Plan; and WHEREAS, the,Board;of County Commissioners finds that adopting this Ordinance and its Exhibits is in the public interest and will advance the public health, safety, and welfare. r II. FINDINGS The procedural and substantive requirements of the State Environmental Policy Act (RCW 43.21 C) have been complied with. ^; The procedural requirements of the Growth Management Act (RCW 36.70A) have been complied with. The proposed action is consistent with the requirements of Revised Code of Washington, and the Washington Administrative Code. The proposed action is consistent with Mason County Comprehensive Plan as amended. The proposed amendments have been reviewed and processed in accordance with the 61 requirements of Title 8 Environmental Policy and Title 15 Development Code. All of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference. All necessary public meetings and opportunities for public testimony and comment have been conducted in compliance with State law and the County's municipal code. The Mason County Board of County Commissioners finds and determines that the regulation of development and land use within the Belfair UGA is within the County's regulatory authority. The Mason County Board of County Commissioners finds and determines that approval of such amendments to the Comprehensive Plan and Zoning Code is in the best interests of the residents of Mason County, and will promote the general health, safety, and welfare. The Mason County Board of County Commissioners finds and determines that regulation of land use and development is subject to the authority and general police power of the County, and the County reserves its powers and authority to appropriately amend, modify, and revise such land use controls in accordance with applicable law. The Planned Action Environmental Impact Statement (EIS) adequately identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action Area. The mitigation measures identified in the Planned Action EIS, attached to this Ordinance as Exhibit B, and incorporated herein by reference, together with adopted County development regulations are adequate to mitigate significant adverse impacts from development within the Planned Action Area. The Belfair UGA Plan and Planned Action EIS identify the location, type, and amount of development that is contemplated by the Planned Action. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public, and enhance economic development. The County provided several opportunities for meaningful public involvement and review in the Belfair UGA Plan and Planned Action EIS processes, including a community meeting consistent with RCW 62 43.21 C.440; has considered all comments received; and, as appropriate, has modified the proposal or mitigation measures in response to comments. Essential public facilities as defined in RCW 36.70A.200 are excluded from the Planned Action as designated herein and are not eligible for review or permitting as Planned Action Projects unless they are accessory to or part of a project that otherwise qualifies as a Planned Action Project. The designated Planned Action Area is located entirely within an Urban Growth Area. Implementation of the mitigation measures identified in the Planned Action EIS will provide for adequate public services and facilities to serve the proposed Planned Action Area. The documents and other materials that constitute the record of the proceedings upon which the Planning Advisory Commissions recommendations are based, including, but not limited to, the staff reports for the Project and all of the materials that support the staff reports for the Project, are located in the Planning division of the Mason County Department of Community Development. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: f, W r Section 1. Adoption of Board of County Commissioners Findings. The Findings of the Board of County Commissioners are adopted as part of this Ordinance. Section 2. Purpose. The purpose of this Ordinance is to: A. Combine environmental analysis, land use plans, development regulations, and County codes and ordinances together with the mitigation measures in the Planned Action EIS to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area; B. Designate the Belfair UGA shown in Exhibit A as a Planned Action Area for purposes of environmental review and permitting of designated Planned Action Projects pursuant RCW 43.21 C.440; C. Determine that the Planned Action EIS meets the requirements of a planned action EIS pursuant to the State Environmental Policy Act (SEPA); D. Establish criteria and procedures for the designation of certain projects within the Planned Action Area as "Planned Action Projects" consistent with RCW 43.21 C.440; 63 E. Provide clear definition as to what constitutes a Planned Action Project within the Planned Action Area, the criteria for Planned Action Project approval, and how development project applications that qualify as Planned Action Projects will be processed by the County; F. Streamline and expedite the land use permit review process by relying on the Planned Action EIS; and G. Apply applicable regulations within the County's development regulations and the mitigation framework contained in this Resolution for the processing of Planned Action Project applications and to incorporate the applicable mitigation measures into the underlying project permit conditions in order to address the impacts of future development contemplated by this Ordinance. Section 3. Procedures and Criteria for Evaluating and Determining Planned Action Projects within the Planned Action Area. A. Planned Action Area. This "Planned Action" designation shall apply to the area shown in Exhibit A of this Ordinance. B. Environmental Document. A Planned Action Project determination for a site-specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Planned Action EIS. The mitigation measures contained in Exhibit B of this Ordinance are based upon the findings of the Planned Action EIS and shall, along with adopted County regulations, provide the framework the County will use to apply appropriate conditions on qualifying Planned Action Projects within the Planned Action Area. C. Planned Action Project Designated. Land uses and activities described in the Planned Action EIS, subject to the thresholds described in Subsection ID of this Ordinance and the mitigation measures contained in Exhibit B of this Ordinance, are designated "Planned Action Projects" pursuant to RCW 43.21 C.440. A development application for a site-specific project located within the Planned Action Area shall be designated a Planned Action Project if it meets the criteria set forth in Subsection ID of this Ordinance and all other applicable laws, codes, development regulations, and standards of the County, including this Ordinance, are met. 64 D. Planned Action Qualifications. The following thresholds shall be used to determine if a site- specific development proposed within the Planned Action Area was contemplated as a Planned Action Project and has had its environmental impacts evaluated in the Planned Action EIS: (1) Qualifying Land Uses. (a) Planned Action Categories: The following general categories/types of land uses are defined in the Belfair UGA Plan and can qualify as Planned Actions: i. Single-Family ii. Townhome/Multiplex }� iii. Multifamily iv. Industrial v. Office vi. Retail viii. Mixed uses ix. Open Space, Parks, Trails, Recreation, Gathering Splices x. County road and non-motorized circulation improvements consistent with the Transportation evaluation in the Planned Action EIS A. Civic, Cultural, Governmental and Utility Facilities as identified in the Belfair UGA Plan and allowed in Title 15%� xii. Other uses allowed in the Zoning regulations applicable to the Belfair UGA in Title 15 (b) Planned Action Project Land Uses: A primary land use can qualify as a Planned Action Project land use when: VoVow l rl i. it is within the Planned Action Area as shown in Exhibit A of this Ordinance; ii. it is within one or more of the land use categories described in Subsection 3.D(1)(a) above; and iii. it is listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. 65 A Planned Action Project may be a single Planned Action land use or a combination of Planned Action land uses together in a mixed-use development. Planned Action land uses may include accessory uses. (c) Public Services: The following public services, infrastructure, and utilities can also qualify as Planned Actions: county roads and non-motorized improvements, utilities, parks, trails, civic, cultural, governmental, and similar facilities developed consistent with the Planned Action EIS mitigation measures, County design standards, critical area regulations, and the Mason County az Code. rf (2) Development Thresholds: NIE, (a) Land Use: The following thresholds of new land uses are contemplated by the Planned Action: DEVELOPMENTNET NO ACTION 2035+ -0HYBRID Housing Units 478 1,834 2,274 2,340 Commercial Space (sq ft) 54,342 1,185,834 1,328,708 1,438,852 .. . -— ._.-.. f'F/d�l ,F'd��•�1rry�/ Alternative XXX is the Preferred Alternative. �`f (b) Shifting development amounts between land uses in identified in Subsection 3.D(2)(a) may be permitted when the,total build-out is less than the aggregate amount of development reviewed in the Planned Action EIS; the traffic trips for the preferred alternative are not exceeded; and, the development impacts identified in the Planned Action EIS are mitigated consistent with Exhibit B of this Ordinance. (c) Further environmental review may be required pursuant to WAC 1 97-1 1-172, if any individual Planned Action Project or combination of Planned Action Projects exceeds the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Planned Action EIS. (3) Transportation Thresholds: (a) Trip Ranges & Thresholds. The number of new PM peak hour trips anticipated in the Planned Action Area and reviewed in the Planned Action EIS as follows: 66 New Weekday PM Peak Hour Trips 2040 Alternative In Out TotaII Alternative 1: No 232 187 419 Action Alternative 2 2,061 2,040 4,101 Alternative 3 Hybrid 1,524 1,511 3,035 Alternative 3 1,909 1,862 31771 i. In no case shall trips exceed the Preferred Alternative [XXX]. Monitoring shall be conducted by the County to ensure planned improvements are implemented concurrent with development before the final level of trips in the Preferred Alternative [XXX] is authorized for development. ll.. ii. Growth in trips over current conditions are supported by the County's Transportation Improvement Program (TIP) and SR 3 Freight Corridor. All Alternatives require additional transportation improvements tested in the Planned Action EIS and listed in Exhibit B. (b) Concurrency. All Planned Action Projects shall meet the transportation concurrency ;:4?ri requirements and the Level of Service (LOS) thresholds established in the Mason County Comprehensive Plan and Mason County Code. (c) Traffic Impact Mitigation. Transportation mitigation shall be provided consistent with mitigation measures in Exhibit B of this Ordinance, attached hereto and incorporated by this reference. (d) The responsible County official shall require documentation by Planned Action Project applicants demonstrating that the total trips identified in Subsection 3.D(3)(a) are not exceeded, that the project meets the concurrency and intersection standards of Subsection 3.D(3)(b), and that the project has mitigated impacts consistent with Subsection 3.D (3)(c). (e) Discretion. i. The responsible County official shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual 67 (latest edition) or an alternative manual accepted by the County's Public Works Director at his or her sole discretion, for each project permit application proposed under this Planned Action, provided that the method is compatible with Exhibit D.1.b. ii. The responsible County official shall have discretion to condition Planned Action Project applications to meet the provisions of this Planned Action Ordinance and the Mason County Code. iii. Planned Action Project applicants shall pay a proportionate share of the costs of the projects identified in Exhibit B. The responsible County official shall have the discretion to adjust the allocation of responsibility for required improvements between individual Planned Action Projects based upon their identified impacts. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment analyzed in the Planned Action EIS would not qualify as a Planned Action Project. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the County's SEPA Responsible Official may determine that the Planned Action Project designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Project Review Criteria. (1) The County's SEPA Responsible Official, or authorized representative, may designate as a Planned Action Project, pursuant to RCW 43.21 C.440, a project application that meets all of the following conditions: 010IFF, (a) the project is'located within the Planned Action Area identified in Exhibit A of this Ordinance; (b) the proposed uses and activities are consistent with those described in the Planned Action EIS and Subsection ID of this Ordinance; (c) the project is within the Planned Action thresholds and other criteria of Subsection ID of this Ordinance; (d) the project is consistent with the Mason County Comprehensive Plan including the policies of the 68 Belfair UGA Plan incorporated into the Comprehensive Plan and the regulations of the Belfair UGA Plan integrated into the Mason County Code; (e) the project's significant adverse environmental impacts have been identified in the Planned Action EIS; (f) the project's significant impacts have been mitigated by application of the measures identified in Exhibit B of this Ordinance and other applicable County regulations, together with any conditions, modifications, variances, or special permits that may be required; (g) the project complies with all applicable local, state and/or federal laws and regulations and the SEPA Responsible Official determines that these constitute adequate mitigation; and (h) the project is not an essential public facility as defined by RCW 36.70A.200, unless the essential public facility is accessory to or part of a development that is designated as a Planned Action Project under this Ordinance. (2) The County shall base its decision to qualify a project as a Planned Action Project on review of the SEPA Checklist form in WAC 197-1 1 and review of the Planned Action Project submittal and supporting documentation, provided on County required forms. [the County may develop its own SEPA checklist for the planned action area; however, the standard form is assumed here] F. Effect of Planned Action Designation. (1) Designation as a Planned Action Project by the County's SEPA Responsible Official means that a qualifying project application has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein and with the environmental analysis contained in the Planned Action EIS. (2) Upon determination by the County's SEPA Responsible Official that the project application meets the criteria of Subsection ID and qualifies as a Planned Action Project, the project shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. Planned Action Projects will still be subject to all other applicable County, state, and federal regulatory requirements. The Planned Action Project designation shall not excuse a project from 69 meeting the County's code and ordinance requirements apart from the SEPA process. G. Planned Action Project Permit Process. Applications submitted for qualification as a Planned Action Project shall be reviewed pursuant to the following process: (1) Development applications shall meet all applicable requirements of the Mason County Code and this Ordinance in place at the time of the Planned Action Project application. Planned Action Projects shall not vest to regulations required to protect public health and safety. �r (2) Applications for Planned Action Projects shall: rr ,r (a) be made on forms provided by the County; � 'rr (b) include the SEPA checklist in WAC 197-1 1; (c) meet all applicable requirements of the Mason County Code and this Ordinance. (3) The County's SEPA Responsible Official shall determine whether the application is complete and shall review the application to determine if it is consistent with and meets all of the criteria for qualification as a Planned Action Project as set forth in this Ordinance. (4) (a) If the County's SEPA Responsible Official determines that a proposed project qualifies as a Planned Action Project, they shall issue a "Determination of Consistency" and shall mail or otherwise verifiably deliver.said,Determination,to the applicant; the owner of the property as listed on the application; and federally recognized tribal governments and agencies with jurisdiction over the Planned Action Project, pursuant to RCW 43.21 C.440(3)(b). (b) Upon issuance of the Determination of Consistency, the review of the underlying project permit(s) shall proceed in accordance with the applicable permit review procedures specified in Title 15, except that no SEPA threshold determination, EIS, or additional SEPA review shall be required. (c) The Determination of Consistency shall remain valid and in effect as long as the underlying project application approval is also in effect. (d) Public notice and review for qualified Planned Action Projects shall be tied to the underlying project permit(s). If notice is otherwise required for the underlying permit(s), the notice shall state that the project qualifies as a Planned Action Project. If notice is not otherwise required for the underlying 70 project permit(s), no special notice is required by this Ordinance. (5) (a) If the County's SEPA Responsible Official determines that a proposed project does not qualify as a Planned Action Project, they shall issue a "Determination of Inconsistency" and shall mail or otherwise verifiably deliver said Determination to the applicant; the owner of the property as listed on the application; and federally recognized tribal governments and agencies with jurisdiction over the Planned Action Project, pursuant to Chapter 1, Laws of 2012 (Engrossed Substitute Senate Bill (ESSB) 6406) (b) The Determination of Inconsistency shall describe the elements of the Planned Action Project application that result in failure to qualify as a Planned Action Project. (c) Upon issuance of the Determination of Inconsistency, the County's SEPA Responsible Official shall prescribe a SEPA review procedure for the non-qualifying project that is consistent with the County's SEPA regulations and the requirements of state law. (d) A project that fails to qualify as a Planned Action Project may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet the non-qualifying project's SEPA requirements. The County's SEPA Responsible Official may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. (6) To provide additional certainty about applicable requirements, the County or applicant may request consideration and execution of a development agreement for a Planned Action Project, consistent with RCW 36.70B.170 et seq. (7) A Determination of'Consistency or Inconsistency is a Type I land use decision and may be appealed pursuant to the procedures established in Title 15 of the Mason County Code. An appeal of a Determination of Consistency shall be consolidation with any pre-decision or appeal hearing on the underlying project application. Section 4. Monitoring and Review. A. The County should monitor the progress of development in the designated Planned Action 71 area in association with the County periodic review of its Comprehensive Plan to ensure that it is consistent with the assumptions of this Ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts and with the mitigation measures and improvements planned for the Planned Action Area. B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official every two (2) years from its effective date in conjunction with the County's regular Comprehensive Plan review or docket cycle, as applicable. The review shall determine the continuing relevance of the Planned Action assumptions and findings with respect to environmental conditions in the Planned Action Area, the impacts of development, and required mitigation measures (Exhibit B). Based upon this review, the County may propose amendments to this Ordinance or may supplement or revise the Planned Action EIS. Section 5. SEPA Rules. Mason County Code Chapter 8.16 Categorical Exemptions and Threshold Determinations, Section 8.16.010 is amended as follows: .. 1 l ll 1i • 8.16.010- Purpose—Adoption by refererit+i.`:,-f This chapter contains the rules for deciding whether a proposal has a "probably significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference, as supplemental in this chapter: f �" ``/11 . WA� f�r. 197-1 1 -1 bd . fed actions—Definition and criteria. 197-1 1-168 Ordinances or resolutions designating planned actions—Procedures for adoption. 197-1 1-172 Planned actions—Proiect review. 197-1 1-300 Purpose of this part. 72 WAC 197-1 1-305 Categorical exemptions. 197-1 1 -310 Threshold determination required. 197-1 1 -315 Environmental checklist. 197-1 1 -330 Threshold determination process. 197-1 1 -335 Additional information. r 197-1 1 -340 Determination of Nonsignificance (DNS). r ,r. {f 'rV1, 197-1 1 -350 Mitigated DNS. lfrrf rrf ��f 197-1 1 -355 Optional DNS process. rf r 197-1 1 -360 Determination of Significance (DS)/initiation of scoping. 197-1 1-390; <'Effect of threshold determination. ..Lrf'Yr� 'f�r�rfr'rr�^:r f � Section 6. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 7. Effective Date. That this Ordinance shall be in full force and effect thirty (30) days after publication of the Ordinance Summary. 73 ADOPTED by the Board of County Commissioners this of XXX 2022 MASON COUNTY BOARD OF COUNTY COMMISSIONERS Randy Netherlin, Chair ,,,� Sharon Trask, Commissioner1 ``„ f� Kevin Shutty, Commissioner l Attest: .£ McKenzie Smith, Clerk of the Board Approved as to Form: � r Mew" Tim Whitehe. d Chief DPA `�r pf %' fl ,� f 74 EXHIBIT A. Planned Action Area o I i / KEU`R D / �CP 1 z m NE NEWKIRK RD KATCHE'N'4K`� I I 1 I / f 1 1 1 E,R;.�1ERTv?a NET/MBFQ4NF DR i NE s 1 NE MCKNIGHTQO j c o �RD3 � x 1 LL j LL 0 I Q or 1 O2lN Z Z O,m 1 � NEB i T Z 1 1 J 1 w Z 1 I 1 1 I 1 1 i o i m 1 N 1 W 1 � y 1 Z 1 1 1 1 1 1 1 1 1 1 1 1 1 NE SpUIRE IN 1 NE ALDER l� - FF'� ; 1 r I 0 ° 1111111111F Miles :ill BERK Map Date:February 2022 0 Belfair UGA Boundary Planned Action Area UGAs Water Bodies Streams Public Land 75 EXHIBIT B. Mitigation Document The Planned Action EIS has identified significant beneficial and adverse impacts that are anticipated to occur with the future development of the Planned Action Area, together with a number of possible measures to mitigate those significant adverse impacts. Please see Final EIS Chapter 1 Summary for a description of impacts, mitigation measures, and significant unavoidable adverse impacts. A Mitigation Document is provided in this Exhibit B-1 to establish specific mitigation measures based upon significant adverse impacts identified in the Planned Action EIS. The mitigation measures in this Exhibit 13- 1 shall apply to Planned Action Project applications that are consistent with the Preferred Alternative range reviewed in the Planned Action EIS and which are located within the Planned Action Area (see Exhibit A). Where a mitigation measure includes the words "shall" or "will," inclusion of that measure in Planned Action Project application plans is mandatory in order to qualify as a Planned Action Project. Where "should" or "would" appear, the mitigation measure may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a Planned Action Project. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform to the satisfaction of the County's SEPA Responsible Official or authorized designee. ,�:,; Any and all references to decisions to be made or actions to be taken by the County's SEPA Responsible Official may also be performed by the County's SEPA Responsible,Official's authorized designee. r r• 10"'Ja. rl-llf {f �f f1r� r r 76 Section B-1. Mitigation Required for Development Applications Earth, Water Resources, and Plants and Animals 1. Mason County shall condition development to implement street frontage improvements with green infrastructure to provide stormwater infrastructure connections to improve stormwater management consistent with County stormwater regulations and standards. 2. Mason County may condition development to implement a maximum impervious area that together with stormwater standards encourage pervious pavement, biofiltration, full mature growth of native trees and shrubs, or other methods to address water quality, groundwater recharge, and ecological function. Land Use Patterns and Aesthetics ..,� 3. Planned Actions shall be consistent with the Belfair Plan policies anFd`Belfair Zoning standards as amended together with the Planned Action Ordinance. [Draft EIS / Supplemental Draft EIS identifies Plan/Code amendments that would occur in coordination with the Planned Action.] Historic and Cultural Resources { f" 4. Mason County shall require standard inadvertent discovery language (SIDL) on all related permits (compliance with RCW 27.53, 27.44). 5. Decision Tree: A "decision tree" for both above-ground and below-ground resources is applied to determine the appropriate level of investigation and, if necessary, mitigation. See Table 1. Mason County will lead any necessary pre-project cultural resource review and will consult with DAHP and affected Tribes at specific points in the process. Collaboration among responsible parties will be necessary, including on the determination of whether on-the-ground surveys are necessary, which when required will be the responsibility of the project applicant. The Decision Tree shall be applied to each proposed action in the UGA as a more comprehensive supplement to other review tools, including the more generalized Statewide Predictive Model. In all cases, permits should be conditioned at a minimum with standard inadvertent discovery language (SIDL) in order to ensure compliance with all applicable cultural resource regulations. Table 1. Decision Tree for Above and Below Ground Cultural Resources For Above-Ground Resources Below-Ground historic i archaeological I. Consult public version of WISAARD1 1. Consult secure version of WISAARD including the II. Determine appropriate action as follows: Statewide Predictive Model (access obtained from DAHP via data-sharing agreement or user agreement a. Project exempt if both are met: for qualified individuals) 1. Resource is less than 45 years old and WISAARD—Washington Information System for Architectural and Archaeological Records Data; DAHP's online GIS map tool and searchable database for cultural resources accessed at https://wisaard.dahp.wa.gov 77 For 1 1 1 resources(e.g., For Below-Ground Resources historic buildings): archaeological 2. Resource ineligible for/not listed in any historic 2. Determine appropriate action as follows: register or database Note: If property information on WISAARD does a. Project exempt if any are met: not indicate eligibility, contact DAHP for 1• Prior negative archaeological survey on file, or 2. No ground disturbance will occur, or confirmation. b. If project is not exempt (i.e., does not meet both 3. Project in 100% culturally-sterile fill. criteria in 2.a above) and resource is identified in b. If no known cultural resources are present, apply database, then the DAHP Predictive Model and follow the survey 1. DAHP determines significance; recommendations according to the associated risk 2. If significant, Avoid resource or determine identified: Mitigation strategy; and 1. Low Risk-Survey Contingent Upon Project 3. Condition permit with decision. Parameters 2. Moderately Low Risk-Survey Contingent Upon Project Parameters 3. Moderate Risk-Survey Recommended 4. High Risk-Survey Highly Advised 5. Very High Risk-Survey Highly Advised See Table below for minimum evaluation. Table:Above Ground Cultural Resources DAHP Predictive Model and Summary Survey Recommendations Risk Category Minimum Evaluation Low SIDL Moderately Low and Desktop Review and SIDL Moderate High and Very High Survey and SIDL Note: In all cases, regardless of risk, condition permit with SIDL c. If cultural resources are present and ground- disturbance is proposed, then: 1. Notify and consult with DAHP and Tribes (e.g., via Notice of Application); 2. Avoid resource or determine Mitigation strategy; and 3. Condition permit with decision. 3. For all ground-disturbing projects a. Include SIDL language consistent with RCW 27.53 and 27.44 protecting sites, graves, and Indian burials on public and private lands. b. Provide Tribal notification (e.g., via Notice of Application) and adjust per Tribe's instruction 78 Public Services ■ The County shall require planned actions to demonstrate adequate access, fire flow, and consistency with the County fire code. Each planned action application shall demonstrate consultation with North Mason Regional Fire to ensure adequate and timely access for emergency vehicles. ■ Planned actions shall provide permit application materials that demonstrate substantial consistency with Subarea Plan parks, recreation, and open space conceptual plans. The County may allow through a voluntary agreement per RCW 82.02.020 a fee in lieu of onsite recreation to fund the acquisition and development of park and recreation facilities in the Belfair vicinity to meet growth- related demand under the Action Alternatives. ■ Planned actions shall demonstrate consultation with the School District and ensure adequate school capacity. If there is a lack of facilities to serve the development, the County could condition planned actions to pay their fair share of new school capacity to help fund future capital needs of the North Mason School District associated with future growth in the Belfair UGA. Fair share shall be determined based on student generation and School District levels of service (e.g., student/teacher ratio). ■ Mason County shall condition planned actions to coordinate joint trenching with other utilities consistent with Dig Once principles and efficient construction practices. Mason County shall provide advanced notification for planned action projects as part of notices of application as required by Mason County Code. ■ Mason County shall condition Planned Actions to demonstrate adequate power infrastructure and supply in coordination with PUD 3. Additional PUD 3 infrastructure will be needed to provide adequate service to this area: 115 kV, high voltage transmission lines (overhead), 15 kV distribution feeders (overhead and underground), and 15 kV distribution line extensions (primarily underground) should be expected and planned throughout the area. See Figure 1. PONNOW11- MUFF 79 Figure I. PUD 3 Potential Electric Utility Corridors NE�NE WIf IRN RD =�TCNEM fit- F to � , 3 F%IN BER LIN�'DR Ir KWOOGHTRD RARM RD i - r0 o N E C(Ir<R f•PON 300 Btltaii: j r- ,3 a�RD Ht BYERLY'DR .f♦. NE`W�.W�� i 'NE 8o U1R E�LN N Be',fa•UG5 f Potential Electrical Potential Electrical Utility Corridor Utility Corridors tt5 Existing Electrical Transmission Line Mason PUD#3 State Route or Highway U 500 1,000 1 500 ? Local Road OFeal Railroad a POWER N Dye 10r7312020 Source: PUD 3, October 2020. 80 Utilities 4. Mason County shall require connection to a public water system as a condition of planned action approval. 5. Mason County shall approve planned action development with water availability certificates from the Belfair Water District and implementing necessary water supply infrastructure and pays necessary system development charges in accordance with District standards. Mason County may defer planned action project approval based on the provision of infrastructure and adequate water above 0.33 MGD until such time as the Belfair Water District provides infrastructure plans to serve development above that level. 6. Mason County shall approve planned action development with sewer availability certificates from Mason County and implementing necessary conveyance infrastructure, and pays necessary system development charges in accordance with County standards. Mason County defer planned action project approval where such development exceeds spray field capacity of 0.237 MGD, and adequate wastewater treatment capacity above 0.5 MGD until such time as Mason County provides infrastructure plans to serve development above that level. 7. Mason County shall require developers in the subarea to evaluate system capacity downstream of their developments and either construct or pay a fee-in-lieu to improve downstream conveyance when existing conveyance is inadequate, or apply MCC 13.32 Late Comer Agreements for Utility Facilities to ensure the necessary conveyance systems are planned, designed, constructed, and funded by development. 8. To account for increased stormwater conveyance needs due to increased impervious areas, the County shall require planned action applicants to pay their fair share of regional facilities that have been implemented in accordance with the Belfair UGA 2018 Basin Plan. 9. Mason County may condition planned action applicants to pay adopted capital facilities charges for stormwater. r Transportation . .:' 10. Non-motorized: Mason County shall require planned actions to implement frontage improvements to implement the Belfair Mobility Plan. Frontage improvements should consider the appropriate pedestrian and bicycle facilities based on the land use context as well as roadway speeds and volumes. The County should consider guidance for multimodal networks in FHWA Small Town and rural Multimodal Networks,December 2016. Specific non-motorized improvements should consider: ■ Expansion of the non-motorized network including the trail system in the northern portion of the Belfair UGA to increase connectivity between land uses in this area and to/from the south and east of the existing SR 3. • Connect the Romance Hill Loop Trail to land uses north of Romance Hill Road to facilitate north- south non-motorized activity in the Belfair UGA. ■ Sidewalks along SR 3 north of the downtown and in the northeast commercial area as well as pedestrian crossings at key locations to improve connectivity east and west of SR 3 and help to reduce reliance on auto travel. 81 ■ Provide non-motorized connections parallel to the SR 3 Freight Corridor consistent with the Belfair Mobility Plan. 1 1 .Concurrency: Transportation improvements or strategies shall be constructed to ensure that an adequate transportation system is in place to serve increased travel demands. Concurrency is defined as having a financial commitment in place to resolve the deficiency within six years. The County will not approve new developments unless the LOS standards are met. Transportation improvements identified in the Comprehensive Plan, County Transportation Improvement Program, and the Belfair Planned Action EIS are needed to meet LOS standards. Planned action applicants shall pay their proportionate share of improvements based on new PM Peak hour trips. A calculation of SEPA mitigation Fess is included in Section B-3. 12.Commute Trip Reduction (CTR): Planned actions that provide facilities for large employers shall prepare a commute trip reduction plan consistent with RCW 70A.15, Mason County Comprehensive Plan, and Mason County Code. The commute trip reduction plan shall be developed in consultation with Mason County Transit. 13.Transit: Planned Actions shall be reviewed by Mason Transit and provide transit facilities (e.g., shelters) as part of frontage improvements consistent with Mason County public works design standards and Mason Transit design standards. r f ,fir{ �lr 'r l 82 Section B-2. Advisory Notes to Applicants: Applicable Regulations and Commitments The Planned Action EIS identifies specific regulations that act as mitigation measures. These are summarized in this section by EIS topic. All applicable federal, state, and local regulations shall apply to Planned Action Projects. Planned Action Project applicants shall comply with all adopted regulations where applicable including those listed in the Planned Action EIS and those not included in the Planned Action EIS. Earth 14.Erosion control plans are required per MCC 8.52 and MCC 14.48. Clearing for roads and utilities shall be limited to the minimum necessary to accomplish the engineering design. 15.Mason County's Critical Areas regulations (MCC 8.52.140) are applicable for development within geologically hazardous areas. 16.Development proposals on sites containing geologically hazardous areas or within a buffer must meet requirements set forth in MCC 8.52.140.1) and E including prepgration,of either a geological assessment or a geotechnical report, or both. 17.The County Stormwater Management code (MCC 1 4.48.050) requires new`&velopment to meet the minimum requirements of the 2005 Edition of Ecology's Stormwater Management Manual for Western Washington. The County requires all large developments that propose stormwater infiltration upslope of landslide hazard areas to complete a hydrogeologic analysis to confirm that the proposed design would not increase the risk of landslide hazards. Stormwater facilities must be designed in accordance with the 2012 Stormwater Management Manual for Western Washington, as amended in 2014, consistent with the Mason County Shoreline Master Program (MCC 8.52). Water Resources During final design and permitting of projects under all alternatives, project proponents will first be required to avoid and minimize impacts to wetlands and streams through design measures and best management practices. Where impacts are unavoidable, project proponents will mitigate them in accordance with applicable federal regulations, local critical areas ordinances, and permit requirements. See Table 2. Table 2. Regulatory Permit Matrix for Water Resources. Jurisdictional . Mason County Pre-application submittal conference SEPA Determination (No Action Alternative) Planned Action Consistency Determination (Action Alternative) Critical Areas review Mason County Stormwater Code Compliance Washington State CWA Section 401 Water Quality Certification Department of Ecology NPDES Construction Stormwater General Permit 83 AgencyJurisdictional -. lations/Authorizations Water Resources Development Act Minimum Water Flows and Levels Act U.S. Army Corps of CWA Section 404 Clean Water Act Engineers CWA Section 10 Rivers and Harbors Act Plants and Animals A/�fff Development and redevelopment projects within the study area that have the potential to impact plants and animals will require compliance with federal, state, and local regulations. Mitigation sequencing to avoid, minimize, and mitigate environmental impacts is typically required for all applicable permitting review and authorizations. Table 3 provides a regulatory permit matrix for action requiring local, state, and federal authorizations that impact fish and wildlife and their associated habitat. Table 3. Regulatory Permit Matrix for Plants and Animals JurisdictionalRegulations/Authorizations Mason County Pre-application submittal conference SEPA Determination (No Action Alternative) Planned Action Consistency Determination (Action Alternative) Critical Areas review Washington State CWA Section 401 Water Quality Certification Department of Ecology Coastal Zone Management Act Consistency Certification Minimum Water Flows and Levels Act Washington Hydraulic Project Approval (HPA) Department of Fish and Wildlife U.S.Army Corps of CWA Section 404 Clean Water Act Engineers CWA Section 10 Rivers and Harbors Act Requires Compliance with: Section 7 of the Endangered Species Act Magnuson-Stevens Act 84 Land Use Patterns and Aesthetics 18.Future development in the Belfair UGA would be required to comply with established Mason County permitting processes and development regulations for the Belfair UGA (Mason County Code Title 17, Chapters 17.20 — 17.35). Historic and Cultural Resources Per State law, the following apply to all actions at all times: 19.Washington State law (RCW 27.53 and 27.44) protects archaeological resources (RCW 27.53) and Indian burial grounds and historic graves (RCW 27.44) located on both the public and private lands of the State. 20.An archaeological excavation permit issued by the Washington State Department of Archaeology and Historic Preservation (DAHP) is required in order to disturb an archaeological site. 21. Knowing disturbance of burials/graves and failure to report the location of human remains are prohibited at all times (RCW 27.44 and 68.60). l Public Services , 22.Mason County has adopted the International Fire Code (IFC) which addresses building standards, access, and fire flow. 23.Multifamily residential development in the Belfair UGA is required to provide private, on-site open space for residents, in addition to other standard landscaping requirements (MCC 17.26.020). While private open space does not count toward meeting the City's LOS standard for parks, the provision of on-site recreational opportunities could reduce demand for public facilities. 24.The County has adopted the 2018 Edition of the International Energy Conservation Code in MCC 14.04.010. 25.Customers interested in securing power capacity should notify PUD 3 as soon as possible; provide all required information in order to process new service applications; and pay appropriate line extension and system capacity fee payments promptly. All new and altered service applications are subject to Mason PUD 3's Electric Service Rules & Regulations (www.pud3.org/rulesandregs). 26. PUD 3 requires all 115 kV Transmission facilities and most 15 kV Main Distribution Feeders to be installed overhead. High density residential distribution facilities are primarily installed underground. Relocation of existing utilities, where feasible, should come at the expense of the requesting entity. In most cases, trenching, restoration, and/or directional drilling is also to be provided by the requesting entity. Utilities 27.Mason County Code Chapter 13.31 details requirements and regulations related to the wastewater system within the Belfair UGA. New development and existing structures and buildings within five hundred feet of alignment of the Belfair Wastewater and Reclamation Facility's pipeline shall be connected to public sewer facilities. Existing structures and buildings are subject to an initial connection 85 period. In some cases, the County is responsible for installing and maintaining grinder pumps in designated low-pressure sewer areas for existing and new single-family development. 28.Mason County Code Chapter 3.156 establishes the Belfair Wastewater and Water Reclamation utility fund for the design, development, construction, and operation of the new Belfair wastewater and water reclamation utility facility. The utility is funded through connection charges and monthly sewer service charges. 29.Mason County Code includes a one-time capital facilities charge (CFC) per ERU for development and redevelopment projects for connection to the Belfair Sewer System to support the cost of new infrastructure as the system expands to accommodate development and redevelopment (Mason County Code 13.31.060). The CFC is reduced for multi-family units. With the application of these regulations and fees, no additional mitigation is required. 30.MCC Chapter 14.46 includes the purpose, description, and regulations associated With the County's storm and surface water utility. The utility is responsible for flooding management, water quality improvement, and protecting aquatic habitat. Currently, there are no annual stormwater fees associated with the utility. Assessments for fees may become necessary to support the utility and its functions, and a priority list of projects will be developed before any fee or assessment is required (MCC 14.46.040). 31.MCC Chapter 14.48 describes the stormwater requirements of development and redevelopment within the utility. The County has adopted the 2005 Department of Ecology Stormwater Manual for Western Washington (SWMMWW), which applies within the Belfair UGA. New development and redevelopment within the study area will need to meet the requirements of the SWMMWW when they exceed certain size thresholds. These requirements include the approval by Mason County Public Works of a stormwater site plan. Projects must manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development (LID) techniques as defined by the most current version of the SWMMWW or local planning documents. Due to high groundwater conditions and other site constraints, on-site management may not always be feasible. 32.The State Reclaimed Water Permit for the Belfair Wastewater and Water Reclamation Facility (plant) establishes effluent limits for the following parameters: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), Total Nitrogen as N, and Total Coliform. The permit requires to County to monitor groundwater and surface water quality in the West Fork Coulter Creek that may be receiving waters for the reclaimed water discharged from the facility. These effluent limits to receiving waters protect human and environmental health. 33.The Washington Department of Ecology requires an engineering report related to wastewater treatment capacity expansion when the wastewater influent flows reach 85% of the design flows or loads for three consecutive months. This threshold applies to the spray field capacity and the water reclamation facility. Transportation 34.See Mason County Code: Title 10 Vehicles and Traffic, and Title 12 Bridges and Roads. 86 Exhibit B-3. Transportation Mitigation Detail 1. Improvements and Fair Share: The Planned Action EIS describes potential improvements to the network and impacted study intersections in addition to the County's Transportation Improvement Program. Implementation of improvements identified in Table 4 below shall occur through a SEPA fair share fee program such that new development contributes its share of the cost for these projects. a. Based on the share of trips in Section (3)(a) and mitigation in the EIS the cost and fee per trip has been calculated. Unless amended, or replaced with a transportation impact fee, mitigation fees consistent with the proportionate share of costs shall be applied to planned action applications. The proportionate share of costs of the Planned Actions shall be determined based on their proportionate share of trips identified in Section 3.D(3) of this ordinance and this section. Table 4. Multimodal Transportation Improvements in addition to Six-Year Transportation Improvement Program— Preferred Alternative Total Weekday PM Total Mitigation Fee Per Trip Peak Hour Trips Cost (Million Alternative 1 — No Action 419 Alternative 2 4,101 Alternative 3 Hybrid 3,454 Alternative 3 3,771 *See DEIS Appendix H [once Preferred Alternative addressed, attach Appendix to Planned Action Ordinance as Exhibit B-3A] 3. Expenditure of Funds — Account: Mason County shall earmark mitigation fee receipts and retain them in an interest-bearing account, expending them on projects identified in the EIS. [once Preferred Alternative addressed, attach Appendix to Planned Action Ordinance as Exhibit B-3A] 4. Mitigation Fee Payable at Permit Issuance: The mitigation fee shall be payable at the time of building permit issuance. For projects that require longer-term construction periods prior to occupancy and impacts to the transportation system, Mason County may allow for the mitigation fee to be paid prior to the issuance of occupancy permits subject to a construction schedule and supporting information provided to the satisfaction of the County. 5. Credit: Mason County shall provide a credit for the value of dedication or improvement to, or new construction of, any system improvements provided by the developer per subsection 1 above. The applicant shall be entitled to a credit for the value of the land or actual costs of capital facility construction against the fee that would be chargeable under the formula in subsection 1 above. a. The dedication, improvement, or construction shall be conducted at suitable sites and constructed at acceptable quality as determined by Mason County. Such improvement or 87 construction shall be completed, dedicated, or otherwise transferred to Mason County prior to the determination and award of a credit. b. The value of a credit for right of way and easements shall be established on a case-by- case basis by an appraiser selected by, or acceptable to Mason County. The appraiser must be licensed in good standing by the State of Washington for the category of the property appraised. The appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review and acceptance by Mason County. The appraisal and review shall be at the expense of the applicant. b. Period of Expenditure: The current owner of property on which traffic mitigation fees have been paid may receive a refund of such fees if the mitigation fees have not been expended or encumbered within [10, 15, 20] years of receipt of mitigation fees, unless Mason County has made a written finding that extraordinary or compelling reasons exist to extend the time for expending or encumbering the mitigation fees.[SEPA does not limit years of collection; the County may do so voluntarily.] The County shall program the improvements in the annual Transportation Improvement Program. 7. The Planned Action Share Transportation Fees will be incorporated into Mason County's master fee schedule. Fees shall be subject to biennial review to affirm the cost basis. Mason County may amend the fee based on cost indices to address inflation. 8. Mason County may require that an applicant consult with Bremerton regarding the SR 3/SR 3 Freight Corridor/SW Lake Flora Rd intersection regarding cumulative contribution to trips. +';+ 1 {r rr �f. . . 88