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HomeMy WebLinkAbout2022/08/16 - Regular Board of Mason County Commissioners Proceedings Commission Chambers 411 N 51' St, Shelton, WA 98584 August 16, 2022 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—Senator Tim Sheldon 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:notice of liquor license approval for Lakeland Village Golf Course,cannabis license application for The Raucus Group LLC,notice of temporary discontinued business for Luna NW,and urgent notice of special occasion liquor license for the Great Bend Center for Music. 4.1.2 Steven Bass and Caleb Cowles sent in an application for the Mason County Historic Preservation Advisory Board. 4.1.3 Jennifer Capps sent in a letter regarding Mason General Hospital's name change. 4.2 Cmmr.Trask read the Senator Tim Sheldon Day Proclamation. 4.3 Cmmr. Shutty read the Mason County Parks and Trails Advisory Board Openings News Release. 5. Open Forum for Citizen Input Jim Lerner,President of the Oak Park Homeowners Association,shared his concerns regarding the recent repair and repavement. Horseback riders are using the gravel right-of-way leaving small holes unsuitable for walking. Jim asked,since speeding is getting worse even with park warning signs,if grooves can be cut in the road for a"rumble alert'to slow drivers down. When road work was being done,residents realized that there is only one entrance and exit from Oak Park which is a cause for concern in case of emergency. Lastly,Jim requested a"no compression braking"sign be placed at the entrances to Oak Park and on Brockdale and McEwan Prairie. 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 July 11,2022 and July 18,2022 Briefing Minutes and July 19,2022 Regular Minutes as presented. Motion carried unanimously. N-aye;S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8089705-8089911 $ 921,525.62 Direct Deposit Fund Warrant#89248-89643 $ 773,954.49 Salary Clearing Fund Warrant#7006812-7006851 $ 1,030,581.14 Treasurer Electronic Remittance $ - 8.2 Approval to upgrade the security system in all County buildings using Dan's Locksmith Company to supply and install panic devices and panel for$28,641.60. 8.3 Approval to award the contract for Architectural and Engineering Professional Services to Helix Design Group. 8.4 Approval of the Resolution placing an honorary facility naming sign at the Public Works Facility— "Senator Tim Sheldon Public Works Facility". (Exhibit A,Resolution No.2022-051) 8.5 Approval of the Resolution amending the Commissioners' Operating Guidelines and the Ordinance amending Mason County Code Chapter 2.88—Meetings of Board of County Commissioners. (Exhibit B,Resolution No.2022-049; Exhibit C,Ordinance No.2022-050) 8.6 Approval to appoint Dale Elmlund to the Mason County Housing Authority Board of Commissioners for a 5-year term expiring August, 16,2027. 8.7 Approval to hire a Noxious Weed Control Board Coordinator in the fall of 2022 and increase the position from.75 FTE to 1.0 FTE. 8.8 Approval to authorize the Sheriffs Office expenditure of up to$65,000 from the restricted reserve funds from Boating Fund no. 141 for the purchase of a patrol vessel from the Lakewood Police Department. 8.9 Approval of Interagency Agreement No.IAA23893 between the Washington State Administrative Office of the Courts and Mason County Superior Court for the reimbursement up to$29,558 for attorney and court visitor appointment costs. 8.10Approval of Interagency Agreement No. IAA23961 between the Washington State Administrative Office of the Courts(AOC)and Mason County Superior Court for the grant of up to$50,000 for audio/video equipment and to use Trial Court Improvement Funds to pay the remaining balance of $18,488.50 of the JAVS proposal. 8.11 Approval to increase the Coroner's Office budget by$61,000 for Pathology Services and$15,000 for on-call/extra help for lift assist,transport,and scene assistance for 2022. 8.12Approval to contract with Evergreen State Roofing not to exceed the amount of$97,675.20 to replace the roofs on County buildings 6,7, 8,and the Church-House building. 8.13 Approval of the Request for Proposals(RFP)for Mason County Real Estate Professional Services. 8.14Approval of the contract with Permitium to streamline applications for both birth and death certificates. 8.15 Approval of the Private Line Occupancy Permit granting permission for the existing sewer transport and cable line under Tahuya Blacksmith Road to serve parcel no.223 04-77-90 1 3 1. 8.16 Approval of the Resolution for the Mason County Reserve and Contingency Policy to amend Resolution No.2021-034. (Exhibit D,Resolution No.2022-052) 8.17Approval for the Chair to sign the Special Occasion Liquor License for Great Bend Center for Music's event on August 27, 2022 from 5:30 p.m. to 10:00 p.m. at the Hood Canal Salmon Center. Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.17. Motion carried unanimously. N-aye;S-aye;T-aye. 9. Other Business(Department Heads and Elected Officials) No other business. 10. 9:15 a.m.Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COYID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 21August 16 , 2022 Commission Minutes 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 9:39 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smitf,Clerk of the Board Kevin Shutty, Aair S aron Tra"s Vice-Chair Ran N atherlin,Co missioner 31August 16 , 2022 Commission Minutes Ix � Q RESOLUTION NO. �01j1 A Resolution Placing an Honorary Facility Sign on the Public Works Facility "Senator Tim Sheldon Public Works Facility" WHEREAS, the Mason County Commissioners adopted Resolution 2022-034 on May 10, 2022 establishing a Mason County Facility/Park Naming Policy; WHEREAS, recognition with an honorary facility naming is reserved for those individuals who have performed an exemplary act or achievement of lasting interest to their community, which reflects positively on Mason County; WHEREAS, Tim Sheldon has provided extensive leadership to Mason County and the State of Washington by serving in the Washington State Legislature for 31 years along with serving as a Commissioner for the Port of Hoodsport, Public Utility District#1 and Mason County; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mason County Commission to place an honorary sign at the Public Works Facility, 100 Public Works Drive with the name "Senator Tim Sheldon Public Works Facility" and direct staff to create and install the appropriate sign. DATED this 16th day of August, 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON ���;.�JrnlYl�tD X rY�1� McKenzie SmiYh, Clerk of the Board Kevin Shutty, &air Sharon Trask, Commissioner APPR FORM: -WIV a Ran y Neather i , ommissioner Chief Deputy Prosecuting Attorney J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Name PW Facility.dou RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 02-19 AND THE COMMISSIONERS' OPERATING GUIDELINES WHEREAS, the Board of Mason County Commissioners adopted the Operating Guidelines on May 20, 2014 to ensure the Rules of the Board (Mason County Code Chapter 2.88) are carried out with efficiency and to establish clear and consistent processes and formats for submission of items to the Commission; and, WHEREAS,the Operating Guidelines need to be updated to reflect small grammatical changes, an updated Agenda Request Form, and updated process changes that provide efficiencies; and NOW,THEREFORE,BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby adopts the amended Operating Guidelines as Attachment A. DATED this_A�&day of auApA , 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON mumig ILA McKenzie Smith,%IClerYof the Board Kevin Shutty,It air , APPROVED AS T RM: Sharon Trask,Vice-Chair Tim eputy Prosecuting Attorney Ran y Neatherlin,Commissioner J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Commissioners Operating Guidelines.docx Attachment A MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES co 1854 Original Adoption on May 20,2014, Resolution No. 29-14 Amended November 7, 2017, Resolution 64-17 Amended January 15, 2019, Resolution 02-19 Amended August 16, 2022, Resolution MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES TABLE of CONTENTS 1. PURPOSE....................................................................................................................................................3 2. PUBLIC MEETINGS.....................................................................................................................................3 2.1 Meetings-General Rules/Definitions. .............................................................................................3 2.2 Submitting Items to the Commission for Sessions or Meetings........................................................5 2.3 Submitting Documents at Time of Meeting to be Avoided...............................................................6 2.4 Agenda Request Form Required.......................................................................................................6 2.5 Other Documentation May be Required...........................................................................................6 2.6 Discussion at Briefing Required.........................................................................................................7 2.7 Moving an Item from Briefings to a Regular Meeting.......................................................................7 2.8 Adding Items to Briefing or Regular Agenda after Deadline.............................................................8 2.9 Signatures on Documents..................................................................................................................8 2.10 Documents to be Maintained/Official File........................................................................................9 3. PUBLIC HEARINGS......................................................................................................................................9 3.1 Submission of Notice of Public Hearing Prior to Hearing Date.........................................................9 3.2 Conducting the Public Hearing........................................................................................................10. 3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity.........................................10 4. PUBLIC NOTICE REQUIRED ON SOME ITEMS...........................................................................................11 5. RESOLUTIONS AND ORDINANCES ...........................................................................................................11 6. PROCLAMATIONS....................................................................................................................................12 7. MEETING MINUTES..................................................................................................................................12 Attachment A....................................................................................................Error! Bookmark not defined. MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES 1. PURPOSE The purpose of this policy is to: • Provide guidelines to assure that the "Rules of the Board" (Mason County Code Chapter 2.88) are carried out with efficiency and unity and are responsive to the public; • Inform County Officials and employees of the requirements for submitting items to the Mason County Board of Commissioners for consideration; • Establish clear and consistent processes and formats for submission of items to the Commission; • Ensure that procedures provide adequate public notice and facilitate public participation in, and knowledge of, Commission deliberations and actions. 2. PUBLIC MEETINGS 2.1 Meetings-General Rules/ Definitions. Open Meetings. All meetings of the Board of Mason County Commissioners shall be open and public in accordance with RCW 42.30 (The Open Public Meetings Act). An opportunity for public questions, testimony, and comment by either written message or oral presentation will be provided at all regular Commission business meetings. The Open Public Meeting Act establishes some basic procedural requirements that apply to all meetings of a governing body. With the narrowly defined exception of Executive or Closed Sessions, all meetings of a governing body are, under the Open Public Meetings Act, either Regular or Special meetings. It does not matter if it is called a "Study Session", "Briefing/Work Session", or"retreat", it is either a Regular or Special meeting. The Rules of the Board are established by County Code Chapter 2.88 (Ordinance#09-13). These Operating Guidelines pertain to the Commission's functioning regarding: a. Regular Business Meetings. A regular business meeting of the Commission is normally noticed and scheduled for Tuesday to transact regular business. b. Special Meetings. A special meeting may be called at any time by a majority of the members of the Commission by providing appropriate notice at least 24 hours before the time of the special meeting, specifying the time and place of the special meeting and the business to be transacted. Notice shall be posted at the entrance Page 3 to the meeting room and posted on the County's web site. Final action shall not be taken on any other matter at such meeting. Notice of such meetings shall be in accordance with RCW 42.30.080 (The Open Public Meetings Act: Special Meetings). C. Emergency Meetings. The notice required for special meetings may be waived in the event that a meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage. d. Briefing or "Work Session". The Commission may meet in weekly briefing/work sessions. Briefings are held at the request of at least two Commissioners and are conducted with a quorum of the Commissioners present. Some will allow for public input and discussion, at the discretion of the Commissioners present. Briefings are scheduled for the purpose of providing the Commission information on topics of interest that will update the Commission on pending issues, provide pertinent policy making information, and/or provide for an initial or final review of matters to come before the Commission at a regular meeting or public hearing. Briefings may involve a single or multiple Departments or Elected Offices and may be held at any time, but are normally scheduled on Mondays. e. Study Sessions. Study sessions may be scheduled as needed to provide an opportunity for the Commission to consider matters requiring more in-depth study and discussion, items of County-wide interest or impact, or topics on which the Commission desires to provide an opportunity for numerous Department Heads or Elected Officials to provide input. They also can provide time for presentation of information on a variety of topics of interest to the Commission and to citizens. Study sessions will be held in a variety of formats to best accomplish their purpose. Some will allow for public input and discussion. Others will be internal, informal work sessions for the Commission, with free and open discussion of problems and alternatives, which the public is welcome to hear. The agenda or the presiding officer shall make clear, before each meeting, the format of that meeting. Typically, Commission action shall not be taken during study sessions; however, if previously noticed with an appropriate agenda, a special meeting may directly follow a study session. f. Executive Sessions and Closed Sessions. The Commission may meet in executive session to discuss matters set forth in RCW 42.30.110 including, but not limited to pending litigation, site acquisition of real estate and the price thereof, and certain personnel matters. Similarly, the Commission may also meet in Closed Session to discuss matter set forth in RCW 42.30.140. It is noted that RCW 42.30.060(1) provides, however,that"No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order,or directive, except in a meeting open to the public...." and therefore no final action may be taken in an Executive or Closed Session. Executive Sessions and Closed Sessions shall be closed to the public for the specified purposes as identified within the enabling RCW. Page 4 g. Adjournment. Any regular, adjourned regular, special, or adjourned special meeting may be adjourned in the manner set forth in RCW 42.30.090 (The Open Public Meetings Act: Adjournments). h. All meetings are subject to cancellation or rescheduling. 2.2 Submitting Items to the Commission for Sessions or Meetings Documents submitted to the Commission for consideration at either briefing, regular, or special meetings are due to the Commissioners' office no later than noon on Wednesday of the prior week. All documentation should be submitted on 8.5" x 11" paper. Legal paper should be avoided whenever possible. • Briefing, regular,or special items require an Agenda Request Form (Attachment A) • If applicable, it is the Department's responsibility to have their documents reviewed by the following: budget, human resources, and legal. Please check the appropriate boxes on the Agenda Request Form. As a general rule, all documents should be submitted with the Agenda Request Form on Wednesday. However, if the Clerk of the Board has been given notification, documents may be accepted after the aforementioned deadline.Commissioners' Office staff must have time to prepare the agenda, review documentation, and have the agenda and documentation packets ready for review in a timely manner. Note: Sufficient copies mean the required original documents and one printed copy,three-hole punched. Items not submitted by the deadlines may be retained for the next briefing or regular business meeting.Additionally, items may be postponed due to time constraints,to allow for sufficient time to review, conflicts with Commissioners' schedules, or other reasons. Departments will be notified by Commissioners' Office staff as soon as possible after the agenda review if items are postponed. The above applies to all Meetings except Executive or Closed Sessions. Most items are required to be briefed with the Commission before being placed upon the Action Agenda with very narrow exceptions. Additionally, a single briefing does not ensure that an item will be advanced or placed upon the Action Agenda. In all instances,the Commission reserves the discretion to provide for time for legal review, to gather additional information, or to allow for additional internal or public comment. Page 5 2.3 Submitting Documents at Time of Meeting to be Avoided Documents on many different issues are submitted to and reviewed by the Commission each week. All documents for discussion items should be submitted by the deadline. Commissioners typically review the documents in their packets over the weekend to be prepared for discussion at briefings, regular, and special meetings. The documents are also made available on the County's web site for public review prior to the meeting. Departments should avoid waiting until the meeting to submit documents.The Commission cannot be expected to review documents during a discussion. Departments that submit documents at the time of the meeting may be asked to reschedule the item for a later date so Commission members have the opportunity to review the issue in its entirety.Any documents brought to the Commission at the meeting time must include sufficient copies. 2.4 Agenda Request Form Required An Agenda Request Form is required for all items submitted to the Commission. The Commission receives a large amount of information from various Departments and it is not unusual to have dozens of items in a packet.This form provides the Commission and the public with the a summary of an issue. 2.5 Other Documentation May be Required Certain agenda items may require the submission of supplemental documents in order to be considered by the Commission. County staff are responsible to ensure that required documents are submitted. Failure to submit required documents may result in postponement of the item until documentation is received. Items requiring additional documentation include, but are not limited to: a. Contracts and Purchases • An original contract preferably already signed by any additional party(ies) • Copy of completed budget change form if approval of the contract requires a budget change • Bid tabulation if the contract or purchase requires either informal quotes,formal bids, or an RFP b. Grant Application • Grant application questionnaire C. Proposed Ordinances/Resolutions • Original signed by legal • Electronic Word copy d. Notice of Hearing • Electronic Word copy e. Appointment/Re-appointment • Hard copy letter Page 6 • Addressed and stamped envelope 2.6 Discussion at Briefing Required Items that require final action by the Commission at a regular meeting, require discussion at briefing. The following is an illustrative list of items requiring briefing and is not intended to be all-inclusive: a. Any action that will have an impact to the budget, including: contracts—renewals, extensions, or amendments; grants; or purchases that require a budget change. b. Grant applications-prior to the application submission a grant application questionnaire is required. C. Proposed ordinances/resolutions. d. Proposed purchase or sale of real property or granting of easements (may require Executive Session). e. Administrative Policy proposals. f. Any item requiring a notice of public hearing. g. Any issue that is, or the County Official believes may become,an item of high public awareness or create a high level of public opinion. h. Interlocal agreements. i. News Releases/Proclamations Only very narrow exceptions to the above will be considered. The lack of having a briefing on a topic may increase the likelihood that the item will NOT be acted upon when presented for final action on the agenda. It may be necessary to provide for time for Board or legal review,to gather additional information, or allow for additional internal or public comment. Exceptions to the requirement to brief may include: a. Items of an urgent matter where information or process was reasonably not available. b. Increased risk to County operations or services without expedient action. C. Executive or Closed Session items which require a final action in an open meeting. d. Emergency session items are exempt, by definition. No item will be placed on a Regular Business Meeting Agenda without consent of a majority of the Commission. Please note,that it shall be the responsibility of the presenting party to create an Agenda Request Form (Attachment A) and to be available at the meeting for questions or discussion. 2.7 Moving an Item from Briefings to a Regular Meeting Typically, items are scheduled for briefing discussion one week and then for the regular meeting one or two weeks out.This scheduling gives the Commission the opportunity to ask questions, make modifications, and request more information, etc., without the matter already being on the published Page 7 agenda for the regular meeting. For efficiency, and at the Board's discretion, items that are briefed may be added to the next regular meeting action agenda. Items that are briefed and approved to move to a regular meeting action agenda will automatically move to the regular agenda for final action, provided that any necessary documentation has been provided by the requesting staff to the Clerk of the Board. a. Occasionally the Commission may desire further consideration of an item at a later date. Even though discussion may occur during the briefing about a future date, departments are responsible to schedule the item according to this policy. b. Items that may need further discussion, do not have all required paperwork, have not been reviewed by the legal, human resources, etc., are the responsibility of the department to complete the follow-up required. 2.8 Adding Items to Briefing or Regular Agenda after Deadline Occasionally items are received by departments and/or the Commission that are time sensitive and must be considered at the next meeting. It is the policy of the Commission to add items after the agenda deadline only if waiting until the next week causes significant impact to Mason County citizens. Adding items after the deadline can decrease public knowledge and participation since the item is not published as part of the agenda. Additions to either briefing or the regular meeting agenda may be made only with permission of a majority of the Commission. 2.9 Signatures on Documents Except as noted below, the Commission Chair signs all documents requiring the signature of the Commission, and the Chair's signature, is as legal and binding as if all members had affixed their names, provided the signature is authorized by the Commission. Only the signature line of the Commission Chair is required on these documents. In case the Chair is absent at any meeting of the Commission, all documents requiring the signature of the Commission are signed by the Vice Chair. Certain documents require signature lines for all Commission members.These include resolutions, ordinances, proclamations, and news releases. Documents prepared by other agencies that come to the County with all Commission members'signature lines do not require the document to be revised. It is the responsibility of the submitting Department/Elected Office to obtain the appropriate legal review and signature from the Prosecuting Attorney's Office. This must occur before being approved by the Commission. Page 8 2.10 Documents to be Maintained Electronically Departments are responsible to maintain the official record and file of any documents submitted to the Commission.The Commissioners' Office does not create a file on each issue or item submitted for consideration.The Commissioners' Office will maintain an electronic file containing one copy of all documents considered during each public meeting.Agenda packets are filed by meeting date and are archived and transferred to State Archives in compliance with applicable retention schedules. If documents are exempt from public disclosure, the documents exempt must be clearly and prominently marked at the top of the front page by the submitting Department/Elected Official. 3. PUBLIC HEARINGS Public hearings provide an opportunity for citizens to give direct input to the Commission on matters being considered. It is the policy of the Commission to conduct public hearings in a manner that allows input from the maximum number of citizens possible and respects the opinion of all those wishing to testify. 3.1 Submission of Notice of Public Hearing Prior to Hearing Date Public hearings are required to be held prior to certain legislative actions by the Commission. Examples include changes to Mason County Code, proposed ordinances or amendments, adoption of the County budget, budget emergencies, purchase or sale of properties, and road vacations. It is up to the Department/Elected Official requesting the public hearing to know the public hearing notice requirements and provide the appropriate documents for publication. In order to hold a public hearing,the County must publish a "Notice of Public Hearing" long enough before the actual hearing to comply with the requirements to advertise the hearing in the designated "Official County Newspaper." Depending on how many times the Notice must be published,the Notice must be adopted at the Commission's regular meeting and must allow time to comply with applicable notice requirements. In addition to the required public notice,the Commission, at its discretion, may direct the public hearing to be additionally advertised. In order to maximize the opportunity for public comment,the Commission encourages matters being considered at a public hearing to be posted on the County's website as soon as practical after the approval of the Notice of Hearing.This is done as a courtesy and is not intended to create any additional legal requirements. It is the responsibility of the Department/Elected Official requesting the public hearing to post the appropriate documents on the website. Page 9 3.2 Conducting the Public Hearing Public hearings are conducted as regular items on the Commission's published agenda. In order to ensure that the public hearing is conducted in a manner that encourages maximum public participation and respect for varying opinions,the Commission will generally adhere to the following rules: a. A sign-up sheet will be available for the public to indicate their desire to testify.Speakers will generally be heard in the order in which they sign up,followed by an opportunity for those who did not sign up to comment. In order to maintain an accurate public record, all citizens testifying will be asked to state their name and general location for permanent record. b. The Commission, at its discretion, may limit the comment period for each speaker so that all can be heard. c. General comments from audience members, applause, booing, offensive language,threats, or other disruptive or inappropriate behavior are not allowed and may result in removal of the individual from the public hearing. d. Public hearings are intended to provide information and opinions from citizens to the Commission. They are not intended to be a debate between those on opposing sides of an issue, nor to weigh how many on each side of an issue attend.The Chair, at its discretion, may limit testimony that provides no new information and/or comments intended solely to debate another person's position on a particular issue while not providing new information to the Commission. In most cases,the Commission will also consider testimony and comments made by citizens using written communications or electronic means such as e-mail, and by telephone.Comments directed to the Commission made in any of the above forms between the date of approval of the Notice and the close of the actual public hearing will be considered as public testimony. In the case of telephone calls, a record will be made of the caller's name and telephone number and whether the individual is generally for or opposed to the issue being considered. Other comments may be included as time permits.All comments made in writing, by e-mail, or by telephone between the dates above shall be directed to the Clerk of the Board for distribution to all Commission members and inclusion in the official record. All such communications shall be noted as part of the record at the public hearing. 3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity In some cases, such as re-zone requests,the Commission is acting in a quasi-judicial capacity, rather than a legislative capacity. In such cases, no person shall communicate ex parte,directly or indirectly, with an individual Commission member concerning the merits of the matter before the Commission or with the Commission as a whole at any time other than the public hearing duly noted for the matter. Any communication received by the Commissioners' Office,whether intended for the Commission as a whole or for an individual Commissioner, shall be transmitted to the appropriate department for presentation by County staff at the public hearing, if appropriate.All written communication directed Page 10 to an individual Commission member or the Commission as a whole shall be disclosed and made part of the record or the hearing. Members of the Commission shall not communicate ex parte, directly or indirectly,with any person concerning the merits of a quasi-judicial matter before the Commission. If a prohibited ex parte communication is made to or by a member of the Commission, such communication shall be publicly disclosed and guidance shall be sought from the Prosecuting Attorney. Ex parte communication will not be considered by any member of the Commission as part of his/her decision. Other processes,such as land use closed record appeals may have specific rules governing receipt of testimony, written communications, and/or ex parte communications. 4. PUBLIC NOTICE REQUIRED ON SOME ITEMS 4.1 Budget Items Certain items related to the budget process such as supplemental appropriations require specific public notice of the meeting where the matter is to be considered. In those situations,the Department/Elected Official is responsible to be aware of public notice requirements and is responsible to submit items far enough in advance for the required public notice to be accomplished. 5.2 Requests for Proposals, Requests for Qualifications, and Calls for Bids County Officials are responsible for tracking notice requirements for Requests for Proposals, Requests for Qualifications, and Calls for Bids so that notice can be made in compliance with applicable State and Federal law and comply with County policy. S. RESOLUTIONS AND ORDINANCES Some actions to be considered by the Commission must be accompanied by a written resolution or ordinance. Any request for resolution or ordinance will include substantiation of the need, basis, or purpose. The Department/Elected Official is responsible to be aware of the appropriate format and for any required legal review and signature of the document prior to presentation to the Commission. Items requiring a written resolution or ordinance include, but is not limited to: Mason County Code additions or amendments,adoption of the budget or budget changes, sale or purchase of land, road vacations, and adoption or amendment of County policy. Page 11 6. PROCLAMATIONS Proclamations are used to provide a mechanism for a group, organization, office, or department to request that the Commission proclaim a date honoring their achievements; or providing public awareness of issues. In addition; the County may make a local proclamation of any State or Federal proclamation for public awareness of a group or issue. Proclamations are submitted to the Commission for consideration according to the submission processes outlined in this policy. Commissioners' staff will assist agencies outside County government in formatting, completing proclamations, and submittal to the Commission. 7. MEETING MINUTES The Commission maintains written minutes of all Commission meetings. Preparation of minutes is the responsibility of the Clerk of the Board. Minutes for previous meetings are adopted by Commission motion at their regular meeting. Minutes will be posted by the Clerk of the Board to the County's website for access by the public.The minutes shall serve as a summary of the meeting and, at a minimum, will reflect the following: a. The date and time the meeting convened and adjourned. b. Commission members present. c. General topics and items considered (including discussion items). d. If a public hearing is held,the names of persons submitting verbal or written testimony, and whether they spoke in favor, or in opposition to the proposal for which the hearing was held. If the individual providing testimony is providing such testimony on behalf of a group, organization, or agency,the agency shall be noted as well. e. Commission motions, and the result of any vote taken by the Commission. The Commission may occasionally meet in joint session with the board or council of another municipal jurisdiction.The Commission may rely on and adopt the official minutes of the other jurisdiction at the Commission's discretion. Members of the Commission sit as board members on boards and commissions of other agencies at a local, regional, state, and federal level. Mason County relies on those agencies' official minutes and does not maintain separate minutes. Page 12 v,Z�V I�JCM Cli ORDINANCE NO. 2.022.-050 AN ORDINANCE AMENDING ORDINANCE 21-16 AND COUNTY CODE CHAPTER 2.88 — MEETINGS OF BOARD OF COUNTY COMMISSIONERS WHEREAS, the Mason County Commissioners have been meeting for regular business every-other Tuesday and the Mason County Code Chapter 2.88 needs to be amended to reflect the revised schedule along with removing the regular fourth Tuesday 6 p.m. meeting; and WHEREAS, the Open Public Meetings Act was amended in the 2022 Legislative Session allowing the governing body to attend Commission meetings remotely so all restrictions regarding remote attendance in Chapter 2.88 need to be removed; and WHEREAS, public comment must be allowed at meetings when final action is taken and other housekeeping changes are included in the amendments; NOW, THEREFORE BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Mason County Code Chapter 2.88, Meetings of Board of County Commissioners (Attachment A) for the conduct of Commission meetings, proceedings and business. These rules shall be in effect upon adoption by ordinance of the Commission and until such time as new rules are adopted by ordinance. DATED this 16th day of August, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: 4 ���JfUVhI� Kevin Shutty, C air McKenzie Smit , Cle c of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehea hief DP Randy Neatherli , Commissioner J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Rules of the Board -Chpt 2.88.docx Attachment A Chapter 2.88 MEETINGS OF BOARD OF COUNTY COMMISSIONERS 2.88.010 Regular business meetings. Regular business meetings of the Board of Mason County Commissioners are held at 9:00 a.m. every-other Tuesday, in the Commission Chamber,411 North 5th Street,Shelton,Washington to transact regular business, (RCW 36.32.080) provided that: (1) If a holiday recognized and observed by the county falls on a Tuesday,such regular meeting shall be held on the next business day, per RCW 42.30.070; (2) If,due to an emergency,it is unsafe to meet in the commission chambers, meetings may be held for the duration of the emergency at such place as is designated by the chairperson of the board; (3) The regular working session (briefings)may be held on Mondays from 8:00 a.m.to 5:00 p.m.,on Tuesdays following the regular commission meeting until 5:00 p.m.and on Wednesdays from 8:00 a.m. to 5:00 p.m.At these meetings,the board is briefed by staff and discussion may occur with other agencies.These are generally not decision-making meetings, however,occasionally an action is taken; (4) The board may hold continued meetings in accordance with requirements of the law and may conduct continued meetings in the evening; (5) As an alternative option, regular meetings may be held at a location outside of the county seat but within the county if the county legislative authority determines that holding a meeting at an alternate location would be in the interest of supporting greater citizen engagement in local government.This alternative option may be exercised no more than once per calendar quarter and may be held on the fifth Tuesday. Notice must be given at least thirty days before the time of the meeting.The notice must be a) posted on the county's website;b)published in a newspaper of general circulation in the county; and c)sent via electronic transmission to any resident of the county who has chosen to receive the notice required under this section at an electronic mail (email) address. (6) Any two or more county legislative authorities may hold a joint regular or special meeting solely in the county seat of a participating county if the agenda item or items relate to actions or considerations of mutual interest or concern to the participating legislative authorities.A legislative authority participating in a joint regular meeting held in accordance with this subsection must,for purposes of the meeting,comply with notice requirements for special meetings provided in RCW 42.30.080 and Mason County's policy is to strive to provide a fourteen-day notice.This notice requirement does not apply to the legislative authority of the county in which the meeting will be held. Board members may participate in meetings via conference call or videoconference.All board meetings shall be open to the public. However,the board may retire to executive session by majority vote and in compliance with the law(RCW 42.23 and RCW 42.30.110). Nothing in this section shall prohibit the board of county commissioners from adjourning Tuesday meetings from time to time, or from calling special meetings in accordance with notice requirements of law(RCW 42.30), or from cancelling a commission meeting. 2.88.020 Special meetings. Special meetings(RCW 42.30.080)may be called at any time by a majority of the members of the board by providing written notice personally, by mail, by fax,or by e-mail at least twenty-four hours before the time of the special meeting to each member of the board,to each local newspaper of general circulation,and to each local Created: 2022-03-17 11*55:49 [EST] Page 1 of 4 Attachment A radio or television station that has a written request on file with the governing body to be notified of special meetings. Notice shall be posted at the entrance to the meeting room and posted on the county's web site.The notice shall specify the time and place of the special meeting and the business to be transacted. Final action shall not be taken on any other matter at such meeting. Written notice to a member of the governing body is not required when a member files at or prior to the meeting a written waiver of notice or provides a wavier by telegram,fax or e-mail or the member is present at the meeting at the time it convenes. 2.88.030 Emergency meetings. The notice required for special meetings may be waived in the event it is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage,when time requirements would make it impractical and increase the likelihood of injury or damage.An emergency meeting must be open to the public. 2.88.040 EXECUTIVE OR CLOSED SESSIONS Executive and Closed Sessions may be held in accordance with the Washington Open Public Meetings Act, RCW 42.30. (1) Scheduling an Executive or Closed Session To schedule an Executive or Closed Session, contact the Clerk of the Board to schedule a date and time. (2) Recording At the beginning of each Executive or Closed Session a record shall be made stating specifically why the Executive or Closed Session is being held,what exemption is relevant to the session and an approximate length of time will be provided. 2.88.050 Quorum. A quorum of the Board of Mason County Commissioners shall consist of two elected or appointed county commissioners. In order for business to be conducted at any commission meeting,two elected or appointed county commissioners shall be physically present at the meeting location. The board shall not adopt nor discuss with each other any ordinance, rule, regulation,order or directive except in a meeting open to the public and attended by a quorum;except for executive sessions(RCW 42.30.110) and those proceedings exempted by RCW 42.30.140. 2.88.060 Meetings outside the regular meeting place. The board may schedule regular, continued,or special meetings at locations outside the regular meeting place, as authorized by RCW 36.32.080 and subject to provisions of the Open Public Meetings Act(Chapter 42.30 RCW). 2.88.070 Officers of the board. The elected officers of the board are the chair and vice chair.At their first regular meeting of the calendar year,the Board of Mason County Commissioners shall select one of its members to preside at its meetings as chair of the board and vice chair. In the event of a vacancy in the office of the chair for any reason, including succession, Created: 2022-03-17 11:55:49 [EST] Page 2 of 4 Attachment A the position shall be filled by the vice chair and the election of a replacement for the vice chair shall be held to serve the unexpired portion of the term.The vice chair will serve as chair when the chair is unable to serve. The chair shall sign all documents requiring the signature of the board, and the chair's signature shall be as legal and binding as if all members had affixed their names,provided the signature is authorized by the board. In case the chair is absent at any meeting of the board, all documents requiring the signature of the board shall be signed by the vice chair. 2.88.080 Clerk of the board. The Board of Mason County Commissioners shall appoint, a clerk who shall attend its meetings and keep a record of its proceedings.The board may appoint an alternate person to act as clerk when the appointed clerk is unable to attend meetings. 2.88.090 Procedural Matters (1) Agenda A written agenda shall be provided for each briefing, regular, and special meeting using a standard format. The agenda shall be made available on the Mason County website no later than twenty-four hours in advance of the meeting time. . Nothing in this section prohibits subsequent modifications to agendas nor invalidates any otherwise legal action taken at a meeting where the agenda was not posted in accordance with this section.(RCW 42.30.077) Written notice for adjourned or continued meetings of the board of county commissioners shall be made in the same manner as provided in 2.88.020. Additions or modifications to the agenda may be made by majority vote of the board at any time during the regular meeting. (2) Public Comment Public comments are heard in both regular and special meetings and during public hearings. Public comment may be solicited during a briefing to inform the Commission on a specific issue. (3) Rules of Conduct As a general rule of conduct,traditions of respect and courtesy will guide Commission discussions. The Chair will control the conduct of all meetings and will ensure that the Board addresses its business in an orderly and businesslike way. Rules of procedure are informal, but for meetings that include final action an opportunity for a motion and a second will proceed to the final action. This will be followed by an opportunity for discussion and concluded with a vote in favor of or against an action item. During a meeting where no final action is contemplated, procedure will be informal and based primarily on consent of the Commission to move the item forward to a meeting where final action will be taken. (4) Any member of the board,including the chair and vice chair may make motions and/or second the motions of other members and vote on matters before the board.Any member may disqualify themselves if they have a conflict of interest or believe participation in a board action may raise issues of appearance of fairness. 2.88.100 Postponement of action. When only two members of the board are present at a meeting of the board, and a division takes place on any question,the matter under consideration shall be postponed until the next regular meeting. Created: 2022-03-17 11:55:49 [EST] Page 3 of 4 Attachment A 2.88.110 Use of electronic devices during commission meetings. Commissioners shall not use electronic communication devices to review or access information regarding matters not in consideration before the board during all commission meetings.This includes briefing, regular and special meetings. To ensure focus on the discussions during meetings, board members should use the internet during meetings to access only board agenda packet information, resource documents,or other research relevant to the discussion. Commissioners should make every effort to refrain from sending or receiving electronic communications concerning any matter during a board meeting except for emergency family or businesses matters. 2.88.120 Records of the board. All records of the board,except those which are not public records within the terms of RCW 42.56,as enacted or hereafter amended,shall be available for public inspection at the office of the commissioners during regular working hours. 2.88.130 Applicability. Nothing in this resolution or in Chapter 42.30 RCW prohibits board members from travelling together or from gathering for purposes other than county business nor from individually discussing county business with other than board members. Created: 2022-03-17 11:55:49 [EST] Page 4 of 4 Q"O�_ D RESOLUTION NO. 102,9-052 AMENDING RESOLUTION 2021-034 IN THE MATTER OF ESTABLISHING A FINANCIAL RESERVE AND CONTINGENCY POLICY FOR MASON COUNTY, WASHINGTON WHEREAS,the Mason County Board of County Commissioners, as the county legislative authority and the Mason County Finance Committee deem it to be fiscally responsible to maintain cash flow reserves in the County Funds and to provide sufficient reserve funds as required by law to cover bond covenants,the smooth running of the County and pay current obligations; NOW THEREFORE BE IT RESOLVED by the Mason County Board of County Commissioners that the Financial Reserve and Contingency Policy be adopted as part of the County Budget process to achieve the goals outlined. A. General Policy The County shall maintain reserves required by law, ordinance and/or bond covenants. All expenditures drawn from reserve accounts shall require prior Board approval unless previously authorized by the Board for expenditure within the County's annual budget. The County Finance Committee will review annually the required reserve levels necessary to meet the reserves established herein. If it is determined that the reserves should be adjusted, the County Finance Committee shall propose an amendment to these policies. If reserves and/or fund balances fall below required levels as set by this policy,the County shall include within its annual budget a plan to restore reserves and/or fund balance to the required levels. The County's annual general fund budget will be adopted in the positive with expenditures not exceeding revenues, excluding beginning and ending fund balances unless any of the following conditions exist: the Mason County Board of County Commissioners develop a plan to restore the shortfall to the reserve balances within one calendar year; the offset of expenditures over revenue is due to "one-time" expenditures, or; the offset is due to conservative budgeting and the net revenue over expenditures for the previous calendar year is at least equal to the amount of the excess in expenditures over revenues in the current budget year. The County will allocate any funds from unanticipated excess revenues and/or unexpended budget authority in the year following the actual recognition of these funds first to funding reserves as set out in this policy then to other unanticipated expenditures. All reserves will be presented in the County's annual budget. B. General Fund Operating Reserves The County will maintain a General Fund Operating Reserve to provide for adequate cash flow, budget contingencies, and insurance reserves. Under this policy, General Operating Reserves will be budgeted in the range of 15% - 25%of the prior year's actual expenditures, excluding beginning and ending fund balances. C. General Fund Contingency Reserve 1 The County will maintain a Contingency Fund and shall maintain a reserve equal to $1,000,000 to provide a financial cushion to cover revenue shortfalls resulting from unexpected economic changes or recessionary periods or to provide funds in the event of major unplanned expenditures the County could face. D. General Fund Technology Replacement Reserves The County will maintain a Technology Replacement Reserve for replacement of costs entity wide to cover computer hardware, software, or telephone equipment identified in the County's Technology Replacement listing. The required level of reserve will equal each year's scheduled costs. For example, if the 2019 equipment costs are budgeted at $100,000 the fund reserve balance must equal or exceed $100,000. Contributions will be made through assessments to the using funds and departments and maintained on a per asset basis. E. General Fund Equipment and Vehicle Replacement Reserves The County will maintain a General Fund reserve for the replacement of vehicles and equipment identified on the County's equipment replacement listing. The required level of reserves will equal each year's scheduled replacement costs. For example, if the 2019 equipment replacement costs are budgeted at$100,000, the fund reserve balance must equal or exceed $100,000. Contributions will be made through assessments to the using funds and departments and maintained on a per asset basis. F. General Fund Accrued Leave Reserve The County will maintain an Accrued Leave Reserve to cover the cost of the liability in its Accrued Leave Account. The reserve will be at least sufficient to cover one years estimated accrued leave payout as well as any accrued leave payouts known and required to be paid out in future years. G. General Fund Capital Facilities Reserve The County will maintain a Capital Facilities Reserve equal to $5,000,000, or other amount set by the Board and adopted during the annual budget process. The purpose of the reserve is to pay for capital costs or future debt payments included in the Capital Facilities Plan. H. Sales and Use Tax Fund Reserve The County will maintain a Sales and Use Tax Fund Reserve equal to 15% to 25%of the prior year's actual expenditures, excluding beginning and ending fund balances. I. County Road Fund Operating Reserves The County will maintain a County Road Fund Operating Reserve to provide for adequate cash flow. Under this policy, General Operating Reserves will be budgeted in the range of 15% - 25% of the prior year's actual expenditures, excluding beginning and ending fund balances. J. County Road New Road Projects Fund Reserve The County will maintain a County Road New Road Projects Fund Reserve equal to $4,000,000, or other amount set by the Board and adopted during the annual budget process. K. REET 2 Fund Reserve The County will maintain a REET 2 Fund Reserve to provide for future debt payments within the Belfair Wastewater& Water Reclamation Fund. The reserve will increase each year, economic conditions permitting, by up to one-half of the scheduled transfer amount from the REET 2 Fund 2 into the Belfair Sewer Fund until the reserve is equal to $3,000,000, or other amount set by the Board and adopted during the annual budget process. L. Equipment Rental & Revolving Fund Reserve The County will maintain an Equipment Rental & Revolving Fund Balance Reserve equal to 15% - 25% of the prior year's actual expenditures, excluding beginning and ending fund balances. Approved this tU:Tay of QjQjjk , 2022. Mason County Board of Commissioners Kevin Shutt, Chair Sharon Trask, Commissioner x7f ,�O Rand eatherlin, Commissioner Approved this jZuay of , 2022. Mason County Finance Committee Li a azier, a n County Treasurer, Chair Paddy McGuire, Mason County Auditor, Secretary OQ-2w Kevin S utty, ason County Commissioner Attest: MUMU McKenzie S ith Clerk of the Board Approved as to form: im Whi ead Chief Deputy Prosecuting Attorney 3