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HomeMy WebLinkAbout2022/11/08 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 November 8, 2022 9:00 a.m. November 8.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Proclamation – Operation Green Light by Cmmr. Shutty 5. Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit) Please see above options to provide public comment. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – March 1, 2022 and April 5, 2022 Belfair Sewer Public Hearing Minutes; October 11, 2022 and October 25, 2022 Regular Meeting Minutes; October 17, 2022 and October 24, 2022 Briefing Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8091282-8091606 $ 3,892,497.25 Direct Deposit Fund Warrant # 91214-91609 $ 795,431.38 Salary Clearing Fund Warrant # 7006972-7006994 $ 520,431.88 Treasurer Electronic Remittance $ 166,901.74 8.2 Approval for the Mason County Board of Equalization (BOE) to hear completed and timely filed appeals for the 2022 assessment year. 8.3 Approval of the Resolution establishing the load/lane limits for traffic control on six Mason County bridges. 8.4 Approval to advertise and fill a non-represented Chief Deputy Assessor position in the Assessor’s Office. 8.5 Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to review and approve zoning code amendments to Mason County Code Title 17 and Title 8.52. 8.6 Approval of the Resolution amending the Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule. 8.7 Approval of the Professional Services Contract with Bridgeview Consulting, LLC to complete the update of the County’s Multi-Jurisdictional Hazard Mitigation Plan in the amount of $80,750 for a performance period of November 8, 2022 through April 3, 2024. 8.8 Approval to appoint Blair Schirman to the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) to represent Commissioner District 3 – Shelton Urban Growth Area (UGA) or City for a two-year term ending November 8, 2024. 8.9 Approval of the Resolution amending the Mason County Code for departments reporting to the Commissioners. 8.10 Approval of the Community Development Block Grant (CDBG) for the Evergreen Estates watermain extension project; for Public Works to advertise, set a bid date and time, and award contract; for Public Works to procure engineering/architect consultant services for the project and enter into contract(s); and for the County Engineer and/or Chair to sign all pertinent documents for the grant and project. 8.11 Approval of the January 2022 through December 2025 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 and Operating Engineers Local 302 representing Mason County Public Works Unit. 8.12 Approval of the Resolution updating the Non-Represented salary scale to reflect a 1.75% general wage increase effective January 1, 2023. 8.13 Approval to subcontract additional funds in the amount of $530,000 to Crossroads Housing for the creation of a permanent eviction prevention rental assistance program from November 1, 2022 through June 30, 2023. 8.14 Approval to subcontract additional funds in the amount of $178,295 to Shelton Family Center for the purpose of assisting people experiencing homelessness to obtain and maintain housing stability from November 1, 2022 through June 30, 2023. 8.15 Approval to increase the Superior Court Commissioner’s contract from 37 hours per week to a Full-Time- Employee (FTE) at 40 hours per week. 8.16 Approval for the Chair to sign the Memorandum of Agreement with the Port of Allyn to codify the letter between Mason County and the Port of Allyn concerning the mitigation of any negative hydraulic impact to Sherwood Creek. 8.17 Approval to place the order for four Police Interceptor Utility vehicles to replace two canceled Police Interceptor Utility vehicles and two canceled Tahoe Canine vehicles and update the 2023 Sheriff’s Office Motor Pool vehicle rates. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. No Public Hearings set for this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: November 8, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor License with Endorsements Approval Letter for Tuggs And Chuggs. 4.1.2 Squaxin Island Tribe sent in Response to September 27, 2022, Comment Letter to U.S. Environmental Protection Agency. Attachments: Originals on file with the Clerk of the Board. Proclamation Supporting Operation Green Light for Veterans November 7 - 13, 2022 WHEREAS, the residents of Mason County have great respect, admiration, and the utmost gratitude for all of the men and women who have selflessly served our Country and this community in the Armed Forces; and, WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens; and, WHEREAS, Mason County seeks to honor these individuals who have paid the high price for freedom by placing themselves in harm’s way for the good of all; and, WHEREAS, Veterans continue to serve our community in the American Legion, Veterans of Foreign Wars, religious groups, civil service, and by functioning as County Veteran Service Officers in 29 states to help fellow former service members access more than $52 billion in federal health, disability, and compensation benefits each year ; and, WHEREAS, approximately 200,000 service members transition to civilian communities annually; and, WHEREAS, an estimated 20 percent increase of service members will transition to civilian life in the near future; and, WHEREAS, studies indicate that 44-72 percent of service members experience high levels of stress during transition from military to civilian life; and, WHEREAS, Active Military Service Members transitioning from military service are at a high risk for suicide during their first year after military service; and, WHEREAS, the National Association of Counties encourages all Counties, parishes, and boroughs to recognize Operation Green Light for Veterans; and, WHEREAS, Mason County appreciates the sacrifices of our United States Military Personnel and believes specific recognition should be granted; and, NOW, THEREFORE, BE IT RESOLVED, that the Board of Mason County Commissioners, in observance of Green Light, encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying a green light in a window of their place of business or residence. Signed this day of November 8th, 2022. ________________________ Kevin Shutty, Chair ________________________ Sharon Trask, Vice-Chair ________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Special Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 March 1, 2022 6:00 p.m. 1. Call to Order – The Chairperson called the special meeting to order at 6:00 p.m. 2. Cmmr. Trask led the Pledge of Allegiance. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Public Hearing continued from January 31, 2022 to consider the proposed extension of the Belfair sewer. Staff: Mark Neary Mark Neary shared that the Department of Commerce processed the administrative change to revise the loan from a revenue bond to a general obligation bond. A revenue bond is payable based on fees charged to individuals within the utility district. The general obligation bond would be financed through .09 funds and 2nd quarter Real Estate Excise Tax (REET) funds. Loretta Swanson added that the original scope of work described a “purple pipe” for reclaimed water to serve the Puget Sound Industrial Center (PSIC) and included a sewer connection up to Lake Flora Road. The request to revise the scope of work, due to the design process, is still being processed by legislature to ensure that the intent is still met. Richard Dickinson shared that Resolution 46-17 clarified that it is 200’ from the property line to connect to the nearest sewer. The goal is to merge all sewer codes into one and to update the County Code. The multi-family tax incentive will need continued and rate structures updated. Mark recommended continuing the hearing for at least 30 days to allow staff to gather additional details necessary for code changes and for the Board to decide on future rates and fees for Belfair. Cmmr. Shutty added that the hearing will be continued regarding the Belfair sewer extension and issuing a bid. Code revisions must go through the regular agenda process. Cmmr. Neatherlin shared that originally, to get as many hookups as possible, it was stretched to 500’. However, this put a large burden on the property owners. The Commission, to align with other codes, set it at 200’. Q U E S T I O N S Brad Carey asked what the negatives are for not moving forward with this project? This could reduce the monthly rates for the existing 421 connections. 500-1,000 connections could be added with the sewer extension. Cmmr. Shutty answered that the pros and cons are being discussed and that there is a demand. Mark clarified that current infrastructure is not paid for, there is existing debt. Andrew Makar asked how costs will be recaptured from developers and/or intermediary property owners for the infrastructure under their properties? The best way to reduce risk is to distribute the cost to those making the most amount of profit. Mark answered there is an existing capital facility charge utility-wide based on the existing debt for the existing infrastructure. If new debt is taken on, a capital facilities charge could be implemented for that area that is larger than the $11,300 charged to individuals connecting to the existing system or developing within that Urban Growth Area (UGA). More customers would mean more monthly revenue collected and the costs of the system will be spread to a larger group of individuals. The challenge for the original extension was that only 412 customers signed up and additional development did not occur which put the County in a position to not have the funds to pay the debt or maintain and operate the facility. The other “risk mitigator” is changing from the original debt repayment agreement of a revenue bond backed by rate payers within Belfair. The existing debt is general obligation debt paid for through revenue from .09 funds and 2nd quarter REET funds. Cmmr. Neatherlin clarified that there is not something in place to recapture the money. David Overton asked if the 200’ from the trunk lines or the service laterals? How is the current debt being paid? Are capital facilities charges being held for future capital expansion? Is it correct that the County has not had a plan to retire debt through certain charges over the last ten years? What is the balance of the utility fund? Where is the lateral measurement measured from and does it include side sewers? What was the original capital facilities charge? Mark answered .09 funds and 2nd quarter REET funds are used to pay off existing debt. Current capital facilities charges collected, especially from the Olympic View and Olympic Ridge developments, remain in the Belfair wastewater utility fund for future capital improvements. Previously there has been no development to pay down debt, the County had to look at other options. Richard presented a spreadsheet that showed about $3.3 million in expected expenses such as replacing/adding a bladder, capital facility improvements, and the expansion of the spray field. The plant was sized for full buildout. Loretta added there is a charge that is in the utility fund for future capital. Richard shared that the lateral measurement is from the sewer system to the closest point of the property line depending on the angle, adjacent, and how the property line runs. Cmmr. Neatherlin added that the original capital facilities charge was $5,000 and was a short-term incentive to get connections. Greg Sypnicki asked if the hookup money from current development in Belfair will go towards paying off old debt? Is it possible there are other options that do not include increasing debt? Mark recommends the Board do not utilize those funds to pay off debt but to retain those funds within the Belfair wastewater facility and pay for upcoming capital improvements. In 2022 there will be over $300k of capital improvements for the treatment side. As more customers hook up, capacity must be expanded. $600k has been collected so far and another $500k is anticipated. Development will be occurring from now until about 2029. George Blush asked if now is a good time to incur more debt after coming through a pandemic that many small businesses were forced to close? How will the rate go up for each unit? Mark answered the reason the County petitioned the Department of Commerce to change the structure of the debt was so that it would not go against the rate payers and would utilize .09 funds and REET funds instead. Judy Scott asked if all $8 million will go towards the sewer extension and if there is any potential of rates being raised? Mark answered the it is not the Board’s intention to put the debt on rate payers and that is why the change of structure to general obligation debt. The original plan received from legislature was between $8 million and $12 million. $8 million is the maximum amount available from the Public Works Board loan. The original plan was in concert with the construction of the freight corridor for “purple pipe” reclaimed water pushed up north to the industrial area for an additional source of revenue. A letter was issued to legislature today from the Commissioners encouraging allocating money to the freight corridor. Loretta added that the loan is similar to a line of credit. Brad Carey asked if the loan is locked in at .79% interest rate? What if the developer does not allow easement to be placed on his tract of land? Would it be more expensive if it is not undeveloped land? Mark answered that there are three options. If the project is moved forward quickly, the rate would be .29% over a 20-year period. Next would be a rate of .54% over a 20-year period which would allow the County to wait a few years to begin. Lastly, under the .79% rate there are options to extend the term to 26 years, 22 years with partial deferral, or a 20-year payment schedule deferring loan payment until 2026. Loretta shared if an easement is not acquired at this time and development occurred on that property the developer would be required to, as a condition of development, follow that plan for extension. Marilyn Corrigan asked if this is the correct location for the sewer in coordination with the Belfair UGA? Mark answered yes, the goal is to control development to create urban zones and keep rural areas rural. There is also money to expand or widen Highway 3 through that area. Loretta added that the Planned Action Environmental Impact Statement (EIS) gives a refined look at what is developable and where. F I N A N C I A L S Mark outlined the sources of revenue to pay for existing debt and the sewer expansion. The .09% sales tax is a credit against the 6.5% state sales tax which does not result in a tax increase to the consumer. Under the requirements associated with utilizing those funds it must be used to encourage overall economic development and includes bridges, roads, domestic and industrial water facilities, and sanitary sewer facilities. REET has two .25% tax, 1st quarter and 2nd quarter. 1st quarter is the .25% tax upon all real estate sales within the unincorporated area of the County and must be spent on the capital projects listed in the Capital Facilities Plan of the Comprehensive Plan, housing relocation assistance to low-income tenants, and for maintenance of capital assets. 2nd quarter also is the .25% tax upon all real estate sales within the unincorporated area of the County and is a more restrictive list of eligible capital projects. For example: planning, acquisition, construction, etc. for domestic water systems and sanitary sewer systems; planning, construction, repair, improvement, etc. of parks; and planning, acquisition, construction, etc. for affordable housing projects. Mark shared a spreadsheet projecting the Sales & Use .09 funds revenues and expenditures by year. In 2020 $878,401 was collected and in 2021 $1,028,114 was collected. The projected budget for 2022 is a conservative $865k with a small increase of 2% per year. Commissioners requested to reserve 25% of the previous year’s expenditures as an operating fund/reserve to pay the State Auditor’s Office, for internal allocation of costs, the City of Shelton for sewer, the Economic Development Council, etc. In 2021, $450k was transferred to pay old debt on the Belfair wastewater facility. For 2nd quarter REET funds, over $2.1 million was collected in 2021 and almost $1.6 million was collected in 2020. The projection for 2022 is $1.5 million with a 2% increase per year. Items paid for from REET 2 funds include maintenance of parks capital facilities, miscellaneous maintenance and repairs, capital improvements, parks capital equipment, and transfers to Rustlewood and Belfair wastewater facility. This spreadsheet projects through 2033 when debt will be retired. In 2020, the Commissioners made a policy decision to reserve $400k per year to be utilized for Belfair debt. At the end of 2022, $1.2 million will be in the restricted reserve account. In 2027, the fund will have $2.8 million. At the end of 2027, debt will be pulled from the reserve and not revenue. At this time, the Commissioners can decide to pay off the debt with those reserves. The debt obligation for 2022 is $1,052,465.17; $800k will be paid from REET 2 and $252,465.14 will be paid from .09 Sales & Use Tax. The Belfair debt has four components: 2020A Limited Tax General Obligation (LTGO) bond, 2021 LTGO refinance, and two Department of Ecology (DOE) loans. There are no early payoff penalties. The 2020A LTGO bond has a minimum five-year period and the 2021 LTGO has a ten- day notification requirement. The DOE loans can also be paid of early. Amounts would need to be revised for interest not incurred. This does not show new debt. The loan through the Public Works Board would be an additional $191k to $243k on top of the $4.5 million depending on the structure of the loan. Cmmr. Shutty added that the original loan was refinanced for a lower interest rate and the loan from the Public Works Board would be even lower interest. Cmmr. Neatherlin added that the interest rate was as high as 3.8% on the previous loan. Mark shared that the loan through Cashmere Valley Bank ranges from 1.6% in 2021 to 2.05% in 2030 when paid off. In 2026 it goes up to 2.5%. Paying the loan off early could potentially save 3-years’ worth of interest which could be potential savings of about $30k. Cmmr. Shutty commended the Commission on managing the debt and gives credit to the Treasurer for managing the process. Mark shared that the County received about $6.5 million in American Rescue Plan Act (ARPA) dollars in 2021. Over $6 million was awarded. $1.7 million went to County departments and the rest went to other entities. Another $6.5 million will be received in 2022 to be obligated by 2024 and spent by 2026. Allowable projects include water, sewer, broadband, and infrastructure. Cmmr. Shutty added that ARPA funds could be used to assist with capital needs for the sewer system. Connection fees will also need to be clarified for expanded service area. Legislature is still in session and there may be the potential to capture additional money for other projects and clarifying funding for the Belfair system. The County also needs to look over bids to determine if this will move forward. Cmmr. Neatherlin added that whether or not this should be done needs to be discussed. P U B L I C C O M M E N T Brad Carey asked the Commissioners to approve the extension. It is very rare for everything to be lined up. Cheap money is available and there is a need to continue the sewer infrastructure whether it goes down the state highway or through a large tract of land. Developers do not own the sewer trunk or laterals, that is an asset that the tax and rate payers of the sewer district own. There is inexpensive money and all sources of money that complies with the plans on moving Phase 3 forward. This complies with the Growth Management Act and the Urban Growth Area (UGA) and prevents urban sprawl. The County cannot lose on a deal like this. Andrew Makar revisited his concerns. He understands Brad’s view and does not necessarily disagree in theory. In his observation, he does not want to leave money on the table. The County may own the actual equipment, pipes, etc. but that development confers added value to property owners. Those property owners, when they develop or sell to developers, will make a lot of money. Andrew asks that the County doesn’t rush into a decision and later say something was forgotten or overlooked. Greg Sypnicki doesn’t disagree with Brad either. Having the sewer extend to the other side of the railroad tracks to pick up the subdivisions is really necessary. His concern is, in the past and traditionally, development pays for development. Even if ARPA funds are used, which is better than extending debt, however way the debt is paid if development doesn’t invest in their own profit that sets a precedence. Sometimes tax payers and politicians tend to be over generous with people who are connected and have a lot of resources. If there is a lot of money to be made by adding the sewer and it increases property values by at least as much as the sewer costs to put in. Judy Scott concurs that a plan is needed to recoup loan money. As Cmmr. Neatherlin said, there really isn’t a plan and she would like to see a plan before any decisions are made. David Overton shared that there are reoccurring themes: “we don’t want any new debt on the facility”. When you decide not to take the funds that would pay down the debt and put them in a reserve account, you are perpetuating the debt over time. The platitudes of no new debt, development paying for development, or it was done at that time to incentivize growth, sound like election statements versus policy statements. Utilities and governments shouldn’t pick winners and losers. There has to be partnership in how development is paid for and blind for who it is. There have been developments in Belfair, in Shelton, in every UGA that have received municipal services. Those municipal services don’t recapture a portion of sales proceeds. There have been developments in Belfair that happened after the sewer and sold. The County has ways to recapture and finance that the private sector doesn’t. The County takes risk, but has ways to mitigate that risk. David hopes to move past the statements that allude to him because that sets a terrible precedence for the next project with any sewer or utility extension. This should be decided based on the policies in place. The County should look in the future at code revisions to unify its code language around sewers. He cautions against talking about individual projects that would benefit from the trunk line extension. Jeff Carey has been involved with the community and sewer development for 25 years. A uniform and balanced developer-type policy is needed. This is not being executed blind to the developer. Jeff knows from experience and what other developers have paid to extend trunks. The County is taking the approach that if there is a downturn in the amount of funds, .09 or REET funds will be used. If that is true, it needs to be made clear to the people. Why is there a $1.5 million lift station that pumps only about 200 gallons a minute? In North Bay Case Inlet, the pump station in the RV Park that pumps 200 gallons a minute. There is no way it costs $1.5 million to build that. That is not a good deal for the County. Crossing the tracks at $1.2 million. For North Bay, a 3” sleeve was bore under Highway 3 at the widest part of the highway by Allyn. Even with cost inflation, the price was no where close. A better deal is needed for rate payers and the County if there is a downturn. Brad Carey agrees with Jeff and understands this will be a competitive bid to get the best deal possible. Mark recommends continuing the hearing for another 30 days to gather additional information. Cmmr. Trask/Shutty moved and seconded to continue the public hearing on the proposed extension of the Belfair Sewer to April 5, 2022 at 6:00 p.m. Motion carried unanimously. N-nay; S-aye; T- aye. C O M M I S S I O N D I S C U S S I O N Cmmr. Neatherlin wants to have a comprehensive plan on what the County is doing with the sewer system to bring to the public. New information and changes each week show that this is not correct and the right numbers are not had. He is in favor of the sewer, but not in favor of paying. A mechanism to reclaim the investment is needed before the County invests. The percentage rate for the line of credit is great if it could be used to pay off older debts and get a lower percentage rate but that is not allowed. Technically paying debt with REET would not increase taxes. However, once that money is used you can’t use it again. If there is a downturn, funds may come out of the General Fund which could mean layoffs. There has been no scenario shown that this will bring the County into the positive. You don’t get out of debt by borrowing more money. A cost benefit analysis to show what that County will get is needed. Using capital facility charges for things needed to fix in the future is understandable. This is to prevent taking on more debt to fix them. Taking on more debt is not beneficial. 168 different people wrote in two things: they don’t want to take on more debt and developers should pay for development. Rick Krieger, a developer, wrote “in response to extending the sewer system north onto Overton property on the backs of current rate payers this is the most egregious action I’ve ever seen come out of Mason County in recent history. You have already burdened us with the current sewer project over our objections which has never finished i.e. extensions up side roads like Romance Hill where there are currently 35 residents not hooked up to the sewer or the sewer treatment plant. As a landowner, owner of the Belfair urgent care building, developer of Romance Hill, and owner of land I would like to be developed and connected to the sewer system. I think this proposal burdens or borders on insanity. Over the past six months in coordination with a developer, I’ve had discussions with Public Works on trying to get 70 to 90 lots of division approved at the top of Romance Hill. In discussions with Public Works I would have to pay the extension of the sewer line up Romance Hill which will eventually tie into the bypass. Why do you want to spend taxpayer dollars on a sewer extension onto private owner’s land all based on speculation? We are coming into a time where development could slow down drastically over the next 10 years as costs rise, the interest rates climb. Remember the interest inflation, interest rates that we saw in the 80’s? Any development north of town could come to a halt in five years and this could become a sinkhole. I’m proposing 70 to 90 hookups in the near future as well as well as the current 35 existing unconnected residents. That’s 100 new connections and I cannot get the County to pay for the extension of the sewer main. Now you want to extend that sewer main on future speculation? This proposal makes no sense. Developers, for the most part, pay for utilities to be extended or they negotiate where there’s a benefit to all the parties. You really need to slow down and hire a business development consultant to review the extension of the sewer system…”. Calls have been received from bigger developers with the same concerns and questions. This needs to be comprehensive. The County should not be discussing taking or expending such large funds without a comprehensive plan, cost benefit analysis, or a structure to recoup that money. He stands against moving this forward. Cmmr. Trask shares that there is a lot to think about and study. There are mandates from the State that say we have to extend or provide utilities and infrastructure within a UGA. Cmmr. Trask clarified that 85% of what was paid for the original sewer lines in the original loan was by a grant, the County contracted out the work, and the line is owned by the County. Information is still needed from Commerce. ARPA funds and potential funding from legislature may be able to be used. She wants to ensure the right decision is made for Mason County. Cmmr. Shutty is in support of continuing the public hearing. Staff have proven that they are able to work on complex issues and provide detailed responses. He is more than willing to continue to give staff time to refine details, give updates, and receive more public input. There is a varied opinion on this and it is a big decision for the County. The sewer system is a frustrating topic and he appreciates where Cmmr. Neatherlin comes from. It is frustrating to not be able to solve this in a decade. The County is dealing with markets, planning and development codes that need revised, and looking at debt overall. How can this work for the County, for Belfair? Staff is doing a tremendous job figuring this out. The $87 rate increase that was never intended is gone. Commerce was responsive. The Commission has worked hard to restructure old debt. The existing loan was 3.8%. The new loan is 1.68% and can go up to 2.05%. The Commission has been fiscally responsible on managing the debt of the Belfair sewer. We cannot be in a holding pattern of not planning for the future. Last week action was taken on a Planned Action Environmental Impact Statement (EIS) that helps plan for growth in the Belfair UGA. This is an important step forward to address traffic issues. Development is being charged to offset some of those costs. For the first time in County history, more is asked from developers who want to invest in our community. This allows for the management of growth and to guide it out of critical environmental areas. Cmmr. Neatherlin read an email from another developer in town and it is not a good idea to pit developers against developers. We want to be open for business. Cmmr. Neatherlin spent a long time on the Economic Development Council (EDC) and has had conversations with developers, seen prospect lists, and the types of businesses that want to locate themselves in Mason County. The County has a lot of land but doesn’t have the necessary utilities – water, power, and sewer. We have an obligation to plan and work collaboratively for these opportunities. If there is a policy of no new debt, we need to be thoughtful about that. There is a difference between debt. The old sewer debt was not good debt. The potential for financing through the Public Works Board is better debt. Municipal debt is an important topic. No new debt jeopardizes the ability for projects that the community needs. Key takeaways should be that the Commission has been fiscally responsible in managing the old debt, thoughtful about how to expand the system and is done in a way to meet growth management goals, and that rate increases are no longer. Cmmr. Neatherlin clarified that he did not speak with Mr. Krieger beforehand or after that letter was sent. 5. Adjournment – the meeting adjourned at 8:02 p.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Special Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 April 5, 2022 6:00 p.m. 1. Call to Order – The Chairperson called the special meeting to order at 6:00 p.m. 2. Cmmr. Neatherlin led the Pledge of Allegiance. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Public Hearing continued from March 1, 2022 to consider the proposed extension of the Belfair sewer. Staff: Mark Neary Mark shared that this meeting is to determine if the County will go out to bid for the sewer extension. The original loan documents backed by a revenue bond for ratepayers has been changed to a general obligation bond using revenue from .09 Sales Tax. The original scope of the project as defined by the legislature had the sewer line following the freight corridor extending past Lake Flora Road outside of the Belfair Urban Growth Area (UGA). A sewer study identified a path under the railroad tracks and to the north of Log Yard Road. The Department of Commerce approved both the scope of work change and administrative change. The scope of work states “acquire necessary property rights to design and construct a sewer lift station, gravity sewer and pressure main extending from the northernmost terminus of the existing sanitary sewer system to Log Yard Road just east of SR 3…”. There is about $1 million left in this grant. The Public Works Board loan goes up to $8 million. The scope of work is the same on both contracts. The final document is a schedule and critical dates if the Board moves forward. Advertisement to potential construction companies would begin April 15 and run through June 1. The County has up to 60 days to award a contract. Responses would be expected by June 15. July 1 is when an agreement would be executed with the successful bidder and associated bonds that are required would be submitted. August 1 the material submittal would be completed and approved. The Navy easement is not secured; however, additional information on going underneath the railroad tracks was received. Specifications are being developed and should have a fairly quick turnaround. On April 9, 2023 Commerce incentive options C and D (if the job is completed within 36 months of signing the original loan document) for the Public Works Board loan will expire to get an interest rate reduction from 0.79% to 0.29%. On April 9, 2024 incentive options A and B (if the job is completed within 48 months of signing the original loan document) expire for getting an interest rate reduction from 0.79% to 0.54%. The project must be completed by April 9, 2025 under the Public Works Board loan financing. Loretta Swanson added that there is a 5% loan forgiveness provision in the contract as well. Cmmr. Neatherlin asked, regarding the meeting Mark had with Mr. Overton previously, if Mr. Overton would be interested or willing to pay for part of the project that goes through his property or if he was willing to grant an easement through his property? Mark answered that Mr. Overton is not willing to pay for part of the project but would be willing to negotiate in terms of an easement. Cmmr. Shutty asked if other beneficiaries are being engaged with regarding easements and if there is the implication that potential customers within the UGA would be treated differently? Mark answered that the current focus was on one property owner. There may be other beneficiaries in the future depending on how far the extension goes. The original plan had the sewer extend to Lake Flora Road with the goal to provide services to development outside of Mason County. Discussions would be very specific to those individuals outside of the UGA. The meeting with Mr. Overton was spurred by both a letter received from the public asking if Mr. Overton was talked with and because a majority of the extension goes through his property. The discussion was about potential options for right-of-way (ROW) purchases. Loretta added that this proposed extension was designed to accommodate a service area much larger than the individuals adjacent to the line. It could accommodate properties to the west of State Route 3 (SR 3), the industrial commercial zone, and the area between the railroad tracks and SR 3. Cmmr. Neatherlin asked what Mark meant by a grant. Mark shared that a $2 million grant was received to do the sewer design. Cmmr. Trask shared that she was in the meeting with Mark, Loretta, and Mr. Overton and did not feel like communication was cut off as far as talking with the landowner and the conversations could continue. The hearing tonight is just to decide if the County will go out to bid. Q U E S T I O N S Greg Sypnicki asked that since there are landowners west of SR 3 that would like sewer and the line going through Mr. Overton’s property is oversized to accommodate future extensions, if the line goes under SR 3 will the County have to take out another loan for that or will landowners have to pay? Has the possibility of using easements on Roy Boad Road to go up River Hill to provide service to existing homes that have septic tanks and drain fields been examined? Could grants or American Rescue Plan Act (ARPA) funds be used for that? Communications have been seen from other property owners, for example Bob Dressel and Jack Johnson, that want sewer on their properties. If the sewer, using grant and ARPA funding, went up to River Hill it would be close to allowing those property owners to connect. Was there an easement granted going toward the railroad tracks that was obtained around World War II that could prevent having to go through a long permit process? Mark answered to serve the area on the west side, the commercial industrial area, it would require the sewer line to go under the railroad tracks or SR 3 at the Log Yard Road roundabout. There is quite a bit of land variation. In terms of topography and wanting to utilize gravity as much as possible, the long-term cost of operating is much cheaper using gravity versus pumping through a forced system. This is something that will be brought back before the Commissioners to discuss how to develop that sewer plan for the rest of the Urban Growth Area (UGA). For example, getting sewer to the development by Romance Hill. The County will continue to research opportunities and grants. Loretta added there are quite a few areas within the UGA that will eventually be served by the Belfair sewer. A grant for design was received and a favorable loan for the construction was offered. For future phases, the County would regroup and discuss the next area to serve. An easement for a road crossing does not equate to an easement for utility. Judy Scott clarified that the requirement to adopt a rate increase was removed and if so, for how long? Is there any kind of fees for once properties sell, will there be payback to help recoup some costs? Mark answered that the Commissioners will need to discuss rates. The specific rate increase that was referred to previously for $87 in the prior loan agreement has been removed. The stipulation was if the County did not have enough customers, it could then potentially impact customers for $87 a month. The loan now would be a general obligation bond. As far as rate increases, the cost of operating utilities continues to raise. A rate increase should be considered on an annual basis to evaluate the Consumer Price Index (CPI) for specific areas. As Belfair continues to develop and more customers connect, it will help the need to reply on .09 funds to help cover operation and maintenance costs. It also provides an opportunity to have a larger discussion on rates and how they are structured. Revenue comes in various sources. Revenue for Real Estate Excise Tax (REET) comes from when real estate is sold. For revenue specifically associated with property sale associated with the cost of this extension process, that has not been discussed with the Board. C O M M E N T S David Overton gave his impression of the meeting with Cmmr. Trask, Loretta, and Mark. In regards to easements, that conversation isn’t had until the easement is appraised which has not been done. Mason Transit had a project in the same vicinity and had a requirement from the Washington State Department of Transportation (WSDOT) for additional land which was not in Mason Transit’s budget. The easement was appraised and a right-of-way (ROW) donation was entered into with WSDOT. Standard practice is to not give away things until their value is known. When dealing with a public entity, the requirement is that everything needs to be appraised rather than just negotiated so there is transparency. David is willing to work with the County. In regards to connection fees, everyone should be treated equally. If you are a property owner that already has sewer in front of your property, you would pay a connection fee. For example, Judy Scott would not pay a connection fee until she has a project to connect. Regardless of the property owner, the policy should be neutral. David is happy to pay the connection fees that the County establishes just like anyone else has in the past. That is a fair policy and is neutral as to whose project is connecting. The Commission is encouraged to move forward with the decision tonight. Phil Wolff commented, along with Jack Johnson and Bob Dressel, he is on the other side of SR 3 and could be a desired hookup. Going up River Hill could be an opportunity to make more connections in an environmentally sensitive area. The sewer originally was to fix an environmental problem. Properties that are near rivers should be the priority for public funds. Developers should pay for development. The landowner needs, with the originally proposal, to pay a significant amount of the cost. The landowner has been paying taxes on forest land which is pennies on the dollar. When the land is developed they will pay highest and best use, but for years they have been paying forest land values and taxation. Kim Savage, owner of a civil engineering firm who does a variety of development work for both public and private entities, commented that Mason County is not the only jurisdiction within the area that does capital improvement projects both from a design and a construction standpoint. Other jurisdictions do this very process. Pierce County has four large sanitary sewer projects on their docket currently going through the construction process. The City of Tacoma, Kitsap County, and City of Fircrest also. It is a very standard and normal process for a County or jurisdiction to go through to install, design, and plan for infrastructure that they see to be able to serve the betterment of their community particularly within a UGA. Building those trunk lines and main lines for future development to be able to tie into is common practice. Future developers then design and build laterals that tie into side connections which is also common practice. Kim supports the County in this effort, it is a good step in the right direction. Jeff Carey commented on the strategic view. Jeff is okay with Belfair developing, extending, and paying for sewer. How it is financed is the concern. Since the last hearing, Jeff looked at twenty different sewer entities in western Washington from Port Orchard, Sequim, Port Townsend, Port Angeles, Olympia, Shelton, etc. It is clear how they finance these extensions – the developer pays. There is not a single one that the construction goes the approach that Mason County is doing. That is concerning because these Counties and other sewer entities have latecomers and different things that the developer can recoup as things happen but not initially. Jeff has mentioned to staff, Commissioners, and the County Administrator and does not feel his point is getting across that financing has been done differently throughout the years in Mason County and for other sewer entities. He would like to see the County go back to that approach otherwise it gives the appearance that there is something not on the up and up. If all the other Counties and agencies can process sewer one way and Mason County is doing it another way, why? After all the years of having North Bay or Belfair in general, the County still doesn’t have a comprehensive sewer plan. Shelton does, if it is not agreed with. It is not proper the way the County is approaching it. Herb Gerhardt commented that David Overton urged the Commissioners to act today, but looking at the agenda this is a special meeting. The agenda does not say action will be taken, therefore it is not going to be legal. This is just a hearing conclusion as far as the sewer goes. The County is in serious financial trouble and any way to get more money going is what Herb supports. Kim Wilson commented that she is not against having the sewer there. It is the way it is being financed. In the developments that Kim has been involved in, the developer brings the utilities in, develops the lots, then they sell them to builders. Builders pay the sewer connection fee. The developer of the land is getting the sewer brought up for free and is reaping the benefits because it makes the property so much more developable. The developer will make millions of dollars. The County won’t reap any benefits from it until the builder builds the house and pays the connection fee. It seems like the County is padding pockets at the expense of the people that live in Mason County. Kim wants to see development done fairly. Giving something to someone that you are not going to give to every other developer doesn’t make sense. There should be a latecomer connection fee or something for that developer per lot before it is sold to the builder that has to pay for the connection of the sewer. Ken Martig’s comment was read into record. “It is premature to initiate an expansion of the Belfair sanitary sewage as is presently being considered. Only when an expansion can be supported by a bonafide ULID should such an expansion be initiated. With this approach the benefiters will pay the total cost. General taxpayer’s dollars should remain dedicated to conducting general County duties which benefit all taxpayers as a whole. I am Ken Martig Jr. MSCE PE, principal/owner of Martig Engineering, serving Mason, Thurston, Grays Harbor, Kitsap, and Benton Counties and their Cities since 1972. I have served as an Engineering Consultant to Mason County in my tenure. In addition to my Washington Professional Civil License, I hold a specialty Professional Hydraulics License. My engineering services include community facility planning; water, sewer, and drainage systems planning and design; ULID engineering and administration; environmental engineering; geotechnical report preparation; and watershed management; among other ‘water related’ assignments.” C O M M I S S I O N E R D E L I B E R A T I O N Cmmr. Trask clarified that on the hearing item summary form, the recommended action is to either take no action authorizing ad to invite bids or authorize advertising the invitation to bid. Cmmr. Neatherlin agreed that it was advertised to take legal action and an action is expected even though he disagrees. If an action to advertise an invitation to bid was taken, is it expected that the Commission would fulfill that obligation if a bid comes in that is realistic and within the amount? Time, money, and effort is spent to put through those bids. Mark answered yes, if a bid is received within the scope of cost then the County should take it seriously. It is not required to move forward with the bid. Mark’s expectation is, if the County receives bids in line with the engineers estimates, he would recommend to the board to award the bid and move it forward. Cmmr. Trask added that if the bids are extremely high, the County does not have to accept them. It is not mandatory to accept a high bid. Cmmr. Trask/Shutty moved and seconded to authorize advertising the invitation to bid. Motion carried. N-nay; S-aye; T-aye. Cmmr. Neatherlin shared that this is an inappropriate use of money and a very special privilege being given to one specific individual. A cost benefit analysis has not been done to see what kind of return on investment the County could receive and it is not expected with a high confidence that one will be received. This will be a burden for many years to come, not a benefit. Without an actual cost benefit analysis to show how many units it will take to pay it back or how it is possible within the framework; the County is throwing money in something inappropriate. Going out to bid is the same as saying the County will pay for it unless it comes back with a really high cost. If this does pass, the County sets a precedence. This has never been done before. The County brings sewer to a property, not run it all the way through a property for developments. This does change things. Developers have sent in emails wanting theirs paid for. The County pays for one individual while a gentleman in Lakeland Village spends $480k for a lift station for his new line. Jeff Carey had to pay for his, he is the only one who has had a latecomer process that has actually been done. There is always accountability when these things happen. His district has spoken to the Commission and is being ignored. The county has spoken to the Commission and is being ignored. 170 emails were received and a majority of them were against this. The $87 problem was fixed; however, that does not change the arguments put forward by constituents. People have said not to take on more debt and development should pay for development. By moving forward, the Commissioners are ignoring the largest amount of public participation that he has ever witnessed in his ten years as County Commissioner. Mark, an accountant by trade, cannot give the numbers on what is to be expected. To invest money without some type of high confidence that the money comes back makes no sense at all. He will be voting against this and wishes the County had public meetings for this. The Environmental Impact Statement (EIS) was the largest rezoning since growth management was put into place without a public hearing or workshop. The same is being done now. There was a workshop for parks expansion and a union workshop for culvert expansion. Cmmr. Neatherlin wishes there was another opportunity available that was fair for everybody. Cmmr. Trask is a member of the Public Works Board at the state level. It has been mentioned that financing like this doesn’t happen anywhere but in Mason County, that is not true. The Public Works Board constantly gives out loans and grants. Loans are more common because that is money that gets paid back to the state with interest. These loans are for other Counties, Cities, and jurisdictions to expand their sewers and broadband. This is what government does. Government provides services to people, it is the obligation and responsibility of Elected Officials to help constituents and those that need sewer. It saves the environment too. Large septic systems seep into water tables. It was also said that all of Belfair has spoken and that there is no one supporting the extension. A lot of people have contacted her in support of the extension. The goal is to listen to everyone, not just a select few. Cmmr. Trask is trying to do the right thing for Mason County which is to go out for bid. The bid does not have to be accepted if it is excessive. This hearing is not about how to fund the sewer, it is to vote on whether or not to go out for bid. There are a lot of funding options, not just ARPA. Many have not been discussed. It was mentioned that the County did not have town halls. In March of last year an email was sent out regarding this. Many of the people in the meeting were included but did not respond until January of this year. It is unfortunate for Mason County and its residents that they were deceived. Cmmr. Trask will be voting to go out for bid. Cmmr. Shutty commented that he does not take the decision lightly to put a project out for bid. The record has been open on the sewer project when the project began in 2017 and more than 100 days for the public hearing. The engagement with members all across the community with thoughts, opinions, and ideas about the sewer is good. Everyone is better off when there is participation in the process. The world looks much different today than it did in 2017 and in December when the hearing was first announced. There are open houses held in the community now and is another opportunity for people to engage with the County on other important projects that are happening. When this hearing was set, we were in the throes of the Omicron variant and struggling with how to manage that. The County wanted to find a way to receive comment. Cmmr. Neatherlin’s point about the volume of emails, which were predominately opposed based on some of the information that was put out and resolved, speaks to how well the County was able to engage even if the outcome is disagreed upon. Cmmr. Shutty thanked staff for working so diligently and is confident in the work they have done to refine some of the issues there were concerns with. Most notably the removal of the $87 rate increases related to the financing agreement. That is a big win for the community. That was never the intent for the Commission. Even though Cmmr. Neatherlin is not in support of the extension, when the loan agreement was accepted two years ago, he would concede that it was not the intent to have a rate increase. The legislature was helpful in revising the scope and staff worked closely with lobbyists and the legislative delegation to work with the majority party budget writers in the house and senate to get the scope change authorized. Cmmr. Trask did incredible work with the Public Works Board staff to see this through so that there was clarification on the cheaper alignment that was brought forward through the engineering process. Credit is also given to Congressman Kilmer and his Deputy District Director Katy Crabtree, they did fantastic work with figuring out where in the process our naval railroad easement was. Even though Congressman Kilmer is in a different party, he has always been accessible and willing to step up and help Mason County. That was on display while Katy looked into if this needed to be approved by the Pentagon in Washington D.C. or the local naval base in Kitsap. This is an example of government actually getting out of the way. Federal partners said this can be approved at the local level. This is truly a team effort. Cmmr. Shutty is happy to have people that are experts in engineering and design, in financing, and in regulations working on this project. There are issued that need to be worked out in terms of financing. Other alternatives are available including ARPA and other federal infrastructure dollars. There is an opportunity to refine financing on this project. The real work begins now with reviewing bids and working with public and private partners to continue to pursue economic development in Mason County so that family wage jobs and manufacturing jobs can be brought into this community. With those jobs comes housing and other sales tax revenue benefits, stabilizes utility rates, and is a big picture approach. There is demand in the community to do these types of projects. Unfortunately, there was a project abandoned in 2016 that would have provided sewer up Old Belfair Highway into the River Hill area that would have been able to provide service. The County walked away from that and that is how the County is now engaging in this project. It took five years to get to this point. The development community has to be wondering if Mason County is a good partner. What is the County doing to be a good partner to the private sector? There is a lot to learn. There are great staff at the Mason County Economic Development Council that can help. There is a demand in the UGA and the County has to do its part to deliver on. Cmmr. Shutty is confident that staff will work hard to ensure that a good project is delivered for the public and that it is managed appropriately. 5. Adjournment – the meeting adjourned at 7:04 p.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 October 11, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Mark Neary led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: liquor license application notice for Tuggs and Chuggs and notice of liquor license discontinuation for Teriyaki Wok, Lake Cushman Café, and Hoodsport Hamburger and Deli. 4.1.2 Advisory Board applications were received from the following: Arthur Whitson for Mason County Clean Water District, Amanda Gonzales for Housing and Behavioral Health, William Long for Parks and Trails Advisory Commission, and Blair Schirman for Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). 4.1.3 Bricklin & Newman LLP sent in a letter regarding land use code amendments. 4.1.4 Anna Wood sent in a Review of Elections Systems to Restore Confidence petition. 4.1.5 Wendy Smith, Executive Director for the Port of Shelton, sent in the Port of Shelton Tax Levy for 2023. 4.2 Request for Proposals for Completion of Data for Squaxin Island Tribe News Release by Mark Neary 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the September 19, 2022 and September 26, 2022 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8090684-8090958 $ 1,389,268.68 Direct Deposit Fund Warrant # 90434-90821 $ 799,367.48 Salary Clearing Fund Warrant # 7006913-7006936 $ 534,259.35 Treasurer Electronic Remittance $ 195,077.47 8.2 Approval to appoint David Dally for a second term on the Mason County Historic Preservation Commission for a term that will expire November 30, 2025. 8.3 Approval of the Resolution removing the Park Development Partnership Program from the Mason County Code. (Exhibit A, Resolution No. 2022-064) 2 | O c t o b e r 1 1 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.4 Approval for the Parks and Trails Manager to replace four mechanical pitching machines located at Mason County Recreation Area (MCRA) Park for the estimated cost of $23,450. 8.5 Approval to transition from AlertSense to CodeRed and fund the product cost for the first year in the amount of $15,862.15. 8.6 Approval to place one Community Emergency Response Team (CERT) trailer at each of the following locations: Port of Shelton, North Mason Fire Authority, and Mason County Public Works. 8.7 Approval of the extra help position in Human Resources for the imaging project. 8.8 Approval of the Resolution for County Road Projects (CRPs) 2043 Toonerville Bridge Replacement, 2044 North Fork Goldsborough Bridge Repair, and 2045 Kamilche Point Road Improvement project; approval of the Resolution replacing Resolution No. 2022-039 revising CRP 2041 Mason Lake Road improvement project no. 2; approval for the County Engineer to request a Request for Qualifications (RFQ) as needed for consultant services for the projects and to enter into contracts; and approval for the County Engineer and/or Chair to sign all pertinent documents. (Exhibit B, Resolution No. 2022-065; Exhibit C, Resolution No. 2022-066; Exhibit D, Resolution No. 2022-067; Exhibit E, Resolution No. 2022-068) 8.9 Approval of the Private Line Occupancy permit granting permission for extending existing utilities under and across Grapeview Loop Road from 5540 Grapeview Loop Road to parcel no. 12105-51- 21006 and 12105-51-21001. 8.10 Approval for the County Administrator to sign the order for a Ford Explorer Police Interceptor Utility Vehicle to replace vehicle no. 73 through Enterprise for a total 2023 budget impact of approximately $44,500. 8.11 Approval of the Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No. FEMA-DR-4539-10-P and the Request for Qualifications (RFQ) for consultant services. 8.12 Approval for the County Administrator to sign the amended Professional Services Agreement with Cabot Dow for an additional $20,000 for additional agreement negotiations. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.12. 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 COVID-19 OPMA meeting restrictions are in place. No Public Hearing set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:15 a.m. 3 | O c t o b e r 1 1 , 2 0 2 2 C o m m i s s i o n M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 October 25, 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: liquor license renewal applications and cannabis license renewal applications. 4.1.2 Washington State Department of Transportation sent in a notification of survey for utilities. 4.1.3 Public Utility District No. 1 sent in a well head protection notice for the Shadowood Water System. 4.2 Cmmr. Shutty read the Operation Green Light news release. 4.3 John Taylor read the Park Host Needed for Mason County Sandhill Park news release. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the September 27, 2022 Regular Minutes and October 3, 2022 and October 10, 2022 Briefing Minutes as presented. Motion carried unanimously. N- aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8090959-8091019 $ 1,155,075.91 Direct Deposit Fund Warrant # 90822-91213 $ 786,599.56 Salary Clearing Fund Warrant # 7006937-7006971 $ 1,042,125.35 Treasurer Electronic Remittance $ 195,077.47 8.2 Approval to award funding from the .09 Rural County Sales & Use Tax Fund No. 103 in the amount of $90,000 to the Economic Development Council (EDC) of Mason County. 8.3 Approval to appoint Arthur Whitson for a vacant citizen position on the Mason County Clean Water District (CWD) Advisory Committee for a three-year term expiring October 25, 2025. 8.4 Approval to sign the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for 2023-2025 with the option of a two-year extension. 8.5 Approval of the Resolution designating certain low volume, unpaved County access roads as Primitive Roads. (Exhibit A, Resolution No. 2022-069) 8.6 Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25-mile per hour speed limit on California Road from milepost 0.000 to milepost 1.300. 2 | October 25, 2022 Commission Minutes 8.7 Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25-mile per hour speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. 8.8 Approval for the Chair to sign and County Engineer to execute an Adopt-a-Road agreement between Mason County and Lake Limerick Community Club to pick up roadside litter along Mason Lake Road from milepost 2.240 to milepost 3.630. 8.9 Approval of the FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment to update the Comprehensive Emergency Management Plan (CEMP), develop a two-year training cycle, and extend the grant end date from September 30, 2022 to October 31, 2022. 8.10 Approval to convert one Public Health Nurse, two Community Health Specialists, and one Clerical position from COVID-19 funded positions to permanent Foundational Public Health Services (FPHS) funded positions. 8.11 Approval to purchase a 25' goose neck equipment trailer for the Parks and Trails department at an approximate cost of $14,000 plus sales tax to be paid from the Parks Current Expense budget; a budget supplement will be necessary. 8.12 Approval to purchase a metal structure cover for the Truman Glick Park Host's residence for an approximate cost of $20,400 plus sales tax to be paid from the Real Estate Excise Tax (REET) 2 fund. 8.13 Approval of the Resolution amending Resolution No. 2021-075 for the County’s 2023 Health Insurance contributions to the following: - Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,709.27 for employees with dependent enrollments for Teamsters Probation, Community and Family Health, IWA Deputy Prosecutors, Prosecuting Clerical, and Public Defense whose Collective Bargaining Agreements are in place and ratified on January 1, 2023 and Non- Represented and Elected Officials, and; - Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,605.27 for employees with dependent enrollments for Teamsters General Services Collective Bargaining Agreement expired December 31, 2021 and not ratified by January 1, 2023. (Exhibit B, Resolution No. 2022-072) 8.14 Approval for the County Administrator to sign the agreement with Mason Transit Authority (MTA) authorizing parking space for three County vehicles on parcel no. 12321-41-60000 (Belfair). 8.15 Approval to fund the following projects using American Rescue Plan Act (ARPA) funds: Belfair sewer extension $1,500,000; Mason County fiber optic infrastructure upgrade $425,000; Belfair Water backup generators $300,000; Public Utility District (PUD) No. 1 Vuecrest storage phase three $750,000; Belfair sewer Log Yard Road extension design $250,000; Eells Hill yard goats $240,000; North Mason Fire mobile integrated health program startup $337,000; Mason County Housing Authority unit renovation $750,000; Department of Community Development (DCD) records archival and scanning project $542,000; Shelton young adult transitional housing project $722,000; Mason County emergency and disaster response center $50,667; Mason County Sheriff’s Office bearcat $342,000; and Camp Sluys youth camp $30,000; and approval for the County Administrator to sign the six outside ARPA contracts for the Belfair Water backup generators, Impact Northwest Camp Sluys, PUD No. 1 Vuecrest storage phase three, Mason County Housing Authority unit renovations, North Mason Fire mobile integrated health, and The Youth Connection. 8.16 Approval to appoint William “Bill” Long to the Mason County Parks and Trails Advisory Board for a term expiring December 31, 2026. 8.17 Approval to call for bids to install a Pitching Machine Complex at Sandhill Park in Belfair for an estimated cost of $113,235 plus sales tax to be paid from the REET 2 fund. 8.18 Approval of Lead Pay for Nichole Wilston, Risk Manager ending June 1, 2023; Mariah Frazier, Senior Clerical; Josh Luck, Building Inspector V; Genie McFarland, Senior Permit Technician; Todd Cannon, Network Engineer; and Scott Ruedy, Senior Planner ending December 31, 2023; and Carl “Bud” Olson, Maintenance IV ending the Fiscal Year (FY) 2023. 8.19 Approval of the Vehicle Take-Home assignment authorization request for 2023 for Jeremy Seymore, Grant Dishon, Rod LaRue, Roy Beierle, John Ronald, Pete Medcalf, Kelly Frazier, and Cindy Brewer. 3 | October 25, 2022 Commission Minutes 8.20 Approval to set a Public Hearing on Tuesday, November 22, 2022 at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for County purposes and the amount of taxes levied for each taxing district for 2023. An increase to the Current Expense and County Road property tax may be considered. 8.21 Approval to set a Public Hearing on Monday, December 5, 2022 at 9:00 a.m. to consider adoption of the 2023 budget for Mason County. Copies of the preliminary budget will be available to the public on Monday, November 21, 2022. 8.22 Approval of Lead Pay for Rachelle Osman, Official Court Recorder/Judicial Assistant, from October 1, 2022 through March 31, 2023. 8.23 Approval to post and fill one full-time-employee (FTE) Solid Waste II Booth Attendant. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.23. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) Loretta Swanson gave her thanks for American Rescue Plan Act appropriations and for the individuals signing up for the Adopt-a-Road program. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:29 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of October 17, 2022 Monday, October 17, 2022 9:00 A.M. Executive Session – RCW 42.30.110 (1)(i) Litigation Commissioners Neatherlin, Shutty, and Trask met in executive session for litigation via Zoom from 9:00 a.m. to 9:30 a.m. Tim Whitehead, Mark Neary, Dave Windom, Ian Tracy, Kell Rowen, and Luke Viscusi were also in attendance. 9:30 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jennifer Beierle gave the September 2022 monthly financial report. Current Expense revenue $32,837,523 at 81%; last year $31,703,495 at 80%. Treasurer department receipt $22,903,584 at 85%; last year $21,234,188 at 81%. Current Expense expenditure $29,155,656 at 66%; last year $28,086,202 at 68%. Six-Year Specific Revenue Streams: Community Development revenue $1,903,855; Detention & Correction services $84,969; Current Expense property tax $6,896,254; Road Diversion property tax $654,906; County Road property tax $5,628,329; Current Expense sales tax $6,738,257; Criminal Justice taxes $1,320,843; Rural Sales & Use $809,765; Homelessness Prevention Filings $556,720; Lodging Tax $711,516; REET 1 & 2 $1,489,408. Sales tax collected to date $6,738,257.48; budgeted $7.2 million; projected end of year $8,952,477.85. Current Expense cash $25,415,242. Special Fund cash balances $54,848,325. Motor Pool expenditure $1,330,949 at 88.44%; last year $1,117,948 at 83.5%. Special Fund and Other Funds revenue $46,754,895 at 58%; last year $45,454,240 at 79%. Special and Other Funds expenditure $33,700,201 at 39%; last year $31,278,394 at 46%. • Jennifer discussed the American Rescue Plan Act (ARPA) allocation of 2nd round of funding and having the County Administrator sign the contracts. Cmmr. Shutty requested the County Administrator reach out to the City of Shelton to confirm the $125k for the Shelton Springs Road gravity sewer extension. Approved to move forward. • John Taylor discussed installing two pitching machines at Sandhill Park. Structure will be 30’ x 32’ and will cost about $113,235 from REET 2 funding. Approved to move forward. • John requested to purchase an RV cover at Truman Glick Park for the park host. The cover will be 22’ x 40’ x 14’ for a total cost of $20,362.32 from REET 2 funding. Approved to move forward. • John requested to purchase a 25’ goose neck equipment trailer to haul up to 15,900 lbs. Estimated cost $13,999. Parks current expense budget amendment. Approved to move forward. • John discussed a federal grant change predominately funding a specific position for a training and exercise coordinator. Approved to move forward. • Mark discussed Request for Qualifications for real estate services. One response was received from Richard Beckman Realty Group. Commission is as follows: Commercial land – 7%; Residential land – 6%; Vacant land – 8%. A minimum commission of $1,200 will be paid regardless of sales price or proceeds. A $500 fee will be charged for each Broker Price Opinion (BPO) or market analysis requested. Approved to move forward. • Mark shared an agreement with Mason Transit Authority for three fenced in parking spaces for County vehicles. Loretta added that the contract automatically renews each year. Once the freight corridor is in, there will be paved access to the Public Works facility to park. Approved to move forward. • Nichole Wilston shared an annual request to amend the medical contribution resolution for 2023. This is a $52 increase to the monthly contribution which is an increase from $1,414 to $1,466. Approved to move forward. Page | 2 • Jennifer brought forward the Port of Allyn’s request for .09 funding. Will need to check with the Prosecuting Attorney to ensure .09 funds can be used for this request. • Cmmr. Shutty shared that Community Lifeline is still struggling to get their capacity up and have received grant funding from the State to do a daytime recovery café to get individuals out of the weather during the day and connected to resources. There is also an opportunity to get $600k from a federal grant through the Department of Commerce; however, Community Lifeline would need help with the 25% match that would go towards staffing. Cmmr. Neatherlin would like to include the City and have a type of deliverables included. Cmmr. Trask suggested having this as a pilot project. 10:00 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave discussed converting four COVID-19 positions to Foundational Public Health Services (FPHS) funded positions. These positions will still be on call for COVID. 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. • Mike Collins shared that Mason Transit Authority (MTA) is proposing to transfer Log Yard Road to the County, which is built to County standards. The road is in alignment with an existing road and would be extended to the freight corridor in the future. Staff recommend the transfer. The secondary offshoot to the south aligns with utilities and waste and can be used to get to their facility. Loretta added it is also in alignment for the sewer trunk line and would be used in the future for maintenance. This has not gone through Transportation Improvement Program Citizen Advisory Panel (TIP-CAP). Approved to move forward. • Justin Phelps shared that the contractor replacing the pressure reducing valve in the Rustlewood water system had to delay another week. Updates have been sent out. The new start date is Tuesday, October 25. • Mike discussed decommissioning the downtown fuel facility for an estimated $7,600. It will be a temporary stay of execution, this means it can be used in the future if it is tested. Approved to move forward. • Loretta attended the homeowner’s association meeting that focused on tackling common issues. • Loretta shared that the solid waste vouchers are usable until the end of November 2022. • Mike shared that the Mason Lake Road paving project has begun. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of October 24, 2022 Monday, October 24, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Sheriff’s Office – Undersheriff Adams Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Undersheriff Adams met with Chief Beason, City of Shelton Police, who will be outsourcing to the Nisqually Jail. The City contracts with the County for seven beds for around $250k a year and wants to change the contract to per diem. Outsourcing options include establishing a contract with Nisqually at the same rates as the City of Shelton. Chief Hanson discussed the staffing issues at the Jail and being able to house prisoners. Functional capacity with current staffing is 60 individuals. An outsourcing contract would allow the arrest of individuals that have been victimizing people, homes, and communities. Hypothetically this would be for ten individuals per day at $130 each per day regardless of the management level. Transportation would be scheduled twice a week. Cmmr. Neatherlin asked Mark to look at the Nisqually employee contracts. Cmmr. Trask and Shutty support having more conversation. 10:15 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren requested to cancel the November 14 briefing due to Cmmr. Trask attending a conference. Approved to move forward. • Diane shared the Sandhill park host news release. Approved to move forward. • Jennifer Beierle presented the annual review for lead pay. Approved to move forward. • Jennifer shared the take home vehicle requests. Approved to move forward. • Jennifer requested to set the public hearing for the levy certification for November 22, 2022 and the public hearing for the 2023 budget for December 5, 2022. Approved to move forward. • Jennifer presented the request for .09 funding from the Port of Grapeview in the amount of $20,000 to support operations and maintenance of the boat launch, restroom areas, and dock. An application is needed. • Mary Ransier shared the draft Personnel Policy updates. Policy updates include recruiting, compensation and benefits, workplace safety, and a drug free workplace. • Mary requested lead pay for Rachelle Osman, Official Court Recorder/Judicial Assistant, in Superior Court from October 1, 2022 through March 31, 2023. Approved to move forward. • Mark shared the draft agenda for the joint City of Shelton/County meeting at the Ridge Motorsports Park on November 4, 2022 at 9:00 a.m. • Cmmr. Shutty discussed public service student loan forgiveness and asked Mary to provide information to County employees. • Cmmr. Shutty requested an update on legislative priorities from Mark which will be presented to the Board at the October 31, 2022 briefing. 10:45 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Marissa Watson discussed the Title 17 amendments specifically regarding the rural lands development regulations in both the Allyn Urban Growth Area (UGA) and Belfair UGA code. Page | 2 A broad overview of the code was done and recommendations for code language change based on the changing nature of development within the County. The Planning Advisory Commission (PAC) held three workshops and one public hearing and recommended these changes for approval. The biggest change would be language in regard to development requirements and connection to a group of public water systems when within the UGA boundaries. The City was involved regarding the discussion of requirements to hook up to the Group A system. Minor revisions were also made to Title 8.52. Kell Rowen reached out to the City of Shelton Planner to discuss syncing the Comprehensive Plan updates the Shelton UGA code. Approved to move forward. • Marissa discussed impact fees and short-term rentals. PAC would like to address impact fees first since updating the Capital Facilities Plan (CFP) is in process. Staff looked at impact fees for transportation, school districts, and fire districts. Rate studies are needed to draft an impact fee ordinance. The RCW indicates that jurisdictions wishing to implement impact fees must provide a formula or other method of calculating fees. There would be a cost for impact studies and the school and fire districts should be included. Cmmr. Shutty discussed short- term rentals and the housing needs assessment that is being completed. As much as 25% of housing in Mason County is used as a secondary home, rental, or vacation home. 11:00 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins requested to add the Lower Dewatto Creek bridge to bridge weight restrictions. Approved to move forward. • Richard Dickinson requested to hire 1 additional full-time employee (FTE) Solid Waste Booth Attendant II. Approved to move forward. • Loretta shared that a Community Development Block Grant (CDBG) was awarded for the Evergreen Estates water main extension project. Approved to move forward. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8091282-8091606 $ 3,892,497.25 Direct Deposit Fund Warrant # 91214-91609 $ 795,431.38 Salary Clearing Fund Warrant # 7006972-7006994 $ 520,431.88 Treasurer Electronic Remittance $ 166,901.74 Macecom 10/4/2022 $ 161,668.91 Mental Health 10/7/2022 $ 3,265.71 Dispute Resolution Surcharge 10/7/2022 $ 1,320.00 2013 LTGO Bond Admin Fees 10/14/2022 $300.00 REFUND INTEREST EARNED Current Expense 10/31/2022 $ 23.37 Road Div-Current Expense 10/31/2022 $ 2.42 Veterans Assistance 10/31/2022 $ 0.28 County Road 10/31/2022 $ 20.60 Mental Health 10/31/2022 $ 0.45 Background/Executive Summary: 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 $ 36,709,615.72 Direct Deposit YTD total $ 15,897,431.62 Mason County Agenda Request Form Salary Clearing YTD total $ 15,878,743.53 Approval of Treasurer Electronic Remittances YTD total $ 7,985,856.14 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Becky Rogers Ext. 268 Department: Human Resources/Board of Equalization Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Risk ☐ Information Technology (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.2 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2022 assessment year. Background/Executive Summary: The Mason County Assessor has certified the assessment rolls for 2022 assessment year. Per RCW 84.48.010, petitions filed exceeded twenty-five, or ten percent of the number of appeals filed in the preceding year. Petitions filed in the preceding year, 2021 assessment year, totaled 139. Petitions filed for 2022 assessment year total 148. Budget Impact (amount, funding source, budget amendment): Budgeted in 2022 & 2023 for hearings. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2022 assessment year. Attachments: Notice of Approval to Hear Property Tax Appeals Mason County Legislative Authority Form (Rev 64 00049) NOTICE OF APPROVAL TO HEAR PROPERTY TAX APPEALS MASON COUNTY LEGISLATIVE AUTHORITY The county board of equalization, with the approval of the county legislative authority, may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater. (RCW 84.48.010) Pursuant to RCW 84.48.010, the Mason County Legislative Authority hereby approves the Mason County Board of Equalization’s request to convene for the purpose of hearing appeals filed for the current year. This approval is based on a finding that the requirements for convening under RCW 84.48.010 have been satisfied. DATED THIS 8th day of November , 2022 (Month) (Year) Mason County Commissioners Mason County, Washington Kevin Shutty, Chair Sharon Trask, Vice-Chair Randy Neatherlin, Commissioner To ask about the availability of this publication in an alternate format for the visually impaired, please call (360) 705- 6715. Teletype (TTY) users, please call (360) 705-6718. For tax assistance, call (360) 534-1400. REV 64 0049 (8/20/12) Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins, PLS, PE, County Engineer Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.3 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Bridge Weight Restrictions Background/Executive Summary: Each year, Public Works inspects and inventories 65 roadway bridges within Mason County (64 bridges owned by Mason County and 1 owned by City of Shelton). The last bridge inspection determined that bridge number 1 and number 5 need to be posted with maximum load limits and numbers 2-4 and 6-7 as one land travel bridges. 1.Stretch Island Bridge (Bridge #645000015, located on E. Eckert Road) 2.Hliboki Bridge (Bridge #102900035, located on Bulb Farm Road) 3.Gosnell Creek Bridge (Bridge #105100023, located on Bolling Road) 4.Eich Road (1) Bridge (Bridge #110700015, located on Eich Road) 5.Eich Bridge (Bridge #110700026, also on Eich Road) 6.Carlson Bridge (Bridge #016500405, located on Beeville Road) 7.Lower Dewatto Creek Bridge (Bridge #766900249, located on Dewatto Holly Road) Public Outreach (news release, community meeting, etc.): Resolution will be published one (1) time in the Shelton Journal, posted on the Public Work webpage and published in the County Code Requested Action: Recommend the Board approve, the Resolution establishing load/lane limits for traffic control on six (6) Mason County bridges. Attachments: 1.Resolution and map DA TED AITEST: APPROVED TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Ol y mpic Na tio nal Fores t WMatlockBradyRdMiddleSatsopRdD e c k e r v i l l e Fr i s k e n W y e M a tl o c k Lake Cushman EMcReavyRdMason S k o k o m i s h L i l l i w a u p P o tl a t c h D e w a tt o U n i o n H o o d s p o r t 108 W C lo q u a llu m R d E B r o c k d a l eRdSE Col eRdNUSHighway101NUS - 1 0 1 M a r m a c S h e l t o n D a y t o n O a k l a n d N e w K a m i l c h e K a m i l c h e M ason Lak eNEDewattoHollyRd KeyPeninsulaHwyNWE W A -1 0 6 EWA-302EWA-3W A-3SW Gr a p e v i e w Ta h u y a A l l y n S u n s e t B e a c h L i t t l e H o q u i a m S u n b e a c h B e l fa i r WhitemanRdSWSE Arcadia R d E W A -3 S q ua x in Island Res er vation L o n g b r a n c h B a y S h o r e N o r t h O l y m p i a G r a n t B e a c h c r e s t L a k e b a y 6 5 3 2 7 1 4 1. Stretch Island Bridge 2. Hliboki Bridge 3. Gosnell Creek Bridge 4. Eich Road (1) Bridge 5. Eich Bridge 6. Carlson Bridge 7. Lower Dewatto Creek Bridge 0 4 8 Miles Mason County Agenda Request Form To: Board of Mason County Commissioners From: Patti McLean Ext. 498 Department: Assessor's Office Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 2022 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.4 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Advertise for the Non-Represented Chief Deputy Assessor position Background/Executive Summary: Vickie King will resign her position as Chief Deputy Assessor as of December 31, 2022. In order to ensure continuity and a smooth transition, the Assessor’s Office would like to advertise and hire someone for succession training in this position. Budget Impact (amount, funding source, budget amendment): This would result in two people earning Chief Deputy salary for approximately one month in 2022. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to advertise and fill the non-represented Chief Deputy Assessor position. Attachments: Resignation Letter Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.5 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: MCC Title 17 – Zoning code amendments, in particular chapters 17.01 through 17.06, Allyn UGA code chapters 17.10 through 17.15, Belfair UGA code chapters 17.20 through 17.35, and minor amendments to MCC Title 8.52 in particular chapters 8.52.060 – Long Term Commercial Forest Lands, 8.52.061 – Agricultural Resource Lands, 8.52.070 – Inholding Lands, and 8.52.110 - Wetlands. Background/Executive Summary: Minor updates to various sections of the code have been made over the years, but not a comprehensive cleanup. The review concentrated on the rural lands’ development regulations as well as the Urban Growth Areas code. The Shelton UGA code was reviewed during this process but at this time staff does not have any recommended changes. Changes made to the Mason County Resource Ordinance (RO) are minor with revisions in Title 17 requiring an update to MCC 8.52. Staff has also utilized MCC 17.03.031 to recommend language in regard to development requirements and connection to a Group A public water system required when within UGA boundaries. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): Staff and the PAC held three public workshops and one public hearing which were advertised according to the notification requirements of Title 15.07.030. The public hearing with the BOCC will be advertised in the Shelton-Mason County Journal and on the appropriate BOCC agenda located on the County homepage. Requested Action: Approval to set a public hearing for Tuesday, December 20, 2022 at 9:15 a.m. to review and approve amendments to Title 17 and Title 8.52. Attachments: Notice of hearing Title 17 -Zoning Code (may include changes to other titles) Title, Chapter & Section Reason for proposed revision Amended Language/Reference MCC 17.02.026-Allyn UGA Additional reference only The Allyn UGA is a "stand-alone" area not affiliated with any incorporated city. Development regulations for this area are intended to accommodate existing land use patterns and densities, while planning for future growth. Allyn UGA has separate zoning and development regulations in sections MCC 17.10 through MCC 17.15. 17.02.036-Long-term commercial forests; mineral resource lands. Additional reference only These land designations are intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon these land use types. Development regulations for long - term commercial forest lands and mineral resource lands are located in MCC 8.52.060 and MCC 8.52.090 of the Mason County Resource Ordinance. 17.02.038-Agricultural Resource Lands. Additional reference only This designation is intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon the resource use of the land. Development regulations for agricultural resource lands are located in MCC 8.52.061 of the Mason County Resource Ordinance. 17.02.049-Inholding Lands. Additional reference only Inholding lands are lands surrounded by long-term commercial forests, but which are not suitable due to parcel size or other constraint for that purpose. Inholding lands may be developed, but only in a manner which assures the viability of the abutting forest land. Development regulations are located in MCC 8.52.070 of the Mason County Resource Ordinance. 17.02.041(5)-Rural Residential This designation was to ensure "existing" multi-family residential developments in rural areas that were established prior to this code were able to continue/repair/replace without the limits of being defined as legal non-conforming. Rural Multi-Family (RMF). This district provides for designates existing multi-family residential development including mobile home parks. New RMF zoning designations are prohibited. Elimination of F.A.R (multiple areas in Title 17) Floor area ratio is not used when reviewed by planners, instead setbacks, density requirements, critical areas, stormwater regulations determine the lot coverage. It is confusing to the public to include a provision that is not utilized. Floor area ratio usage makes sense in an urban area rather than the rural. Please see redlined code. 17.02.043-Rural Commercial Again deletion of F.A.R in rural lands development regulations There are four types of rural commercial districts. These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("Dl LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.045-Rural Industrial See above The rural industrial district provides for isolated areas of primarily existing industrial type uses. Rural industrial is not required to be principally designed to serve the existing and projected rural population. However, isolated LAMIRDs ("D2 and D3 LAMIRDs") of an industrial nature shall protect rural character, which is defined at RCW 36.70A.030(14 23), by containing and limiting rural development, by not being in conflict with surrounding uses, and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such Amendment Matrix Wednesday, June 29, 2022 1:44 PM Title 17-2022 Update (may incl. additional titles) Page 1 surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.047-Rural Tourist See above The rural tourism (RT) and rural tourist -campground (RTC) districts provide small scale recreational and tourist -related activities in addition to tangential commercial services to tourists and adjacent rural populations. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("D1 LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a tourist nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.060-Development Areas Map. Addition of reference to GIS map layers for designation of parcels, rather than just the physical map. The County has more applicants accessing mapping online rather than physical maps kept in office. The location and boundaries of the development area districts (zoning)established by this title are established as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). As indicated on a series of maps entitled "Mason County Development Areas Maps Panel 1 of 10 through Panel 10 of 10," a copy of which shall be on file in the Mason County department of community development. These The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. The zoning designation on the development areas maps layers are deemed to be the original zoning designation of those parcels based on their use as of July 1, 1990, and all subsequently approved rezones through May 20, 2008 to the present. The boundaries and locations of all development areas within the county shall be as shown on these layers this map; however, where land use designations shown do not reflect the latest use designations, then the latest use designations shall guide pending revision of the development areas layers map. All future rezones must meet the rezone criteria. Except to correct scrivener's errors, expansions of a zoned area may only occur by rezone, where allowed by this chapter, and may not be allowed by boundary line adjustment or other mechanism. Wherever possible, boundaries shown on the map layers are drawn along property lines, or along generally recognized physical features. The administrator shall have sole authority to settle any dispute as to the actual location of a development area boundary shown on the layer map, using the best information available. 17.03.010-Permitted Uses, generally. Unnecessary, 17.03.036 has been deleted partially and the remainder placed at the end of 17.04. Portions of 17.03.036 have not been utilized because they only apply to Agricultural Resource Lands, Long Term Commercial Forest Lands, and Inholding Lands and the Resource Ordinance already regulates those designations. It is the intent of this chapter to provide the maximum amount of flexibility in the siting of differing types of land uses. For this reason, the performance standards and buffer yard requirements found at Section 17.03.036 have been developed. However, both the comprehensive plan and this chapter recognize that some uses and densities will create inherent conflicts with surrounding land uses, and with the intent of the comprehensive plan. Thus, some uses are prohibited in some areas, and the intensity of some uses (such as residential, expressed in dwelling units per acre, and industrial, expressed in floor area ratio) are restricted in others. Many of the requirements that apply to rural lands have been placed in Chapter 17.04 17.03.020-Matrix of Permitted Uses No need for matrix of permitted uses because each zoning district establishes the permitted uses and staff references the specific zone when evaluating if a use is allowed; staff wants to retain the list as it pertains to uses prohibited as cottage industries since enforcement utilizes when sending notices of violation. The intent of this section is to assist proponents and staff in determining whether a proposed land use is consistent with the applicable policies of the comprehensive plan. Those policies were formed with the intention to allow property owners and project proponents as much flexibility as possible in the use of their property, within the constraints of the Growth Management Act. Therefore, the following matrix identifies the permitted uses in the urban or resource land areas in Mason County; note that the public should consult the specific adopted urban growth area plan for land use designation as permitted or prohibited. Permitted uses, as they apply Title 17-2022 Update (may incl. additional titles) Page 2 designation as permitted or prohibited. Permitted uses, as they apply to rural lands, have been placed in Chapter 17.04. All uses not listed as permitted uses, accessory uses, or special permit uses in the matrix or Chapter 17.04 are prohibited uses. 17.03.021-Cottage Industries Many cottage industries attract customers and the code already allows ten (10) vehicles on a parcel (without being a nuisance). Unless noted by an asterisk (*)listed in Figure 17.03.021,any use shown in Figure 17.03.020 is permitted, subject to Department review,in any development area as a home-based occupation, or as a cottage industry. The activity shall comply with the criteria in RU524A, and shall be required to obtain a special use permit unless it compliesy with the following standards: (1) On-site pParking areas shall be accommodated for up to 10 vehicles for residents, customers and employees only; any provision for additional parking shall require a special use permit; Figure 17.03.020-Matrix of Permitted Uses. See above Mason County Matrix of Permitted Uses change to "Uses Prohibited as Cottage Industries", add "RV Repair" to the list of prohibited uses. See redline code. 17.03.024 -Residential Uses as Special Uses Airport overlay districts have their own regulations and would be referenced. Setbacks from railroads would be evaluated on a case by case basis. On any lot abutting a railroad track or airport, a special use permit shall be required for a residential use of that property. A residential dwelling located more than one hundred fifty feet from such a facility shall be exempt from this requirement, if the lot upon which the dwelling is to be placed is located within an urban growth area. 17.03.028 -Essential public facilities This is already outlined in each zoning district, repetitive and never referenced when reviewing. Essential public facilities shall require a special use permit in any development area. 17.03.029-Accessory Dwelling Unit Requirements In an effort to provide flexibility in the housing market and flexibility when applicants wish to convert an existing house to the ADU, we are proposing amendments. Staff has found that 1,000 sf, especially in the case of conversions, is usually hard for applicants to meet without having to convert a good portion of the space to unheated…non-habitable space. A recent Housing Needs Assessment the County had drafted by FCS Group suggested ADU size increases as a regulation change in support of greater housing options. (4) The ADU shall not exceed eighty percent of the area of the primary residence or one thousand two hundred 1,200 square footage feet, whichever is smaller. An existing residence can be converted to an ADU with the development of a new primary residence, the ADU shall not exceed eighty percent of the area of the primary residence and up to one thousand five hundred (1,500) square feet; of the habitable area of the primary residence or one thousand feet, whichever is smaller 17.03.030 - Development Requirements and Performance Standards The Shelton UGA was inadvertently left out of this section when it was last updated. (1) New Lots. (a) No new lots will be created within the boundaries of the Belfair, Shelton,and Allyn UGAs, which employ individual or community/group on-site sewage disposal systems except when the following circumstances may apply: (b) All residential subdivisions created after the adoption of this chapter shall have a maximum residential density of four units per gross acre in the R-4 zone and five units per gross acre in the R-5 zone consistent with MCC 17.22.010 and MCC 17.22.060. The R-10 zone shall have a minimum density of ten units per net developable acre as described in 17.22.110. (b) Location of sewer lines will be prelocated and easements established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map. (2) Existing Lots of Record. (a) No new development or redevelopment on existing lots of record in the Belfair, Shelton,and Allyn UGAs shall be allowed using individual or community/group on-site septic systems except that: (1) It complies with all requirements and specifications of the Mason County Department of Community Services Environmental Health, and the Mason County Department of Utilities and Waste Management, and (8) Agreement to decommission the onsite septic system and connect to public sewer within ninety days of the public sewer system extending to within two five hundred feet of the subject property's nearest property line. The cost of any connection/extension required will be borne by the property owners. The developer of an extension may collect reasonable latecomer's fees for off-site improvements. (b) All residential, industrial and commercial structures, currently using on-site disposal systems, will be required to connect to public sewers once a public system is extended to within two five hundred feet of the closest property line regardless of the timing of the original on-site installation. The cost of any extension required will be borne by the property owners. The developer of an extension may collect latecomer's Title 17-2022 Update (may incl. additional titles) Page 3 owners. The developer of an extension may collect latecomer's fees for off-site improvements. (3) Existing Lot Consolidation or Boundary Adjustment. Within the Belfair, Shelton,and Allyn UGA, consolidation of existing residential lots to form a single lot greater than eight thousand square feet will not be allowed except to the extent that site conditions and site constraints impede the individual development of the lots combined by the consolidation, in accordance with subsection (2) above. 17.03.031 -Binding site plan require in the Belfair UGA (Southern Connection-Long-term UGA Zone) Deletion of language regarding "binding site plan", no longer relevant. Replacing section with language regarding development requirements - requirement to connect to public water system. 17.03.031 Development requirements –connection to Group A public water system required within UGA boundaries. The following development requirements apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA). (a) No new individual, two -party, or Group B private water sources shall be established in areas where water is available from an existing Group A public water system or within the service area of an existing Group A public water system. (b) Alternative water service shall be permitted on an interim basis, only if service from a Group A public water system cannot be provided in a timely and reasonable manner. (1) Interim water service from an existing Group B public water purveyor or the development of an individual well may be allowed with the following findings: (A) The applicant has submitted verification in writing of water availability from the water system Group A purveyor, as well as a letter from the same purveyor that demonstrates to the Community Development Department that receiving water from the purveyor at the time of construction is unfeasible and thus cannot be provided in a timely and reasonable manner as outlined by the process provided below: (i) The purveyor states in writing that it is unable or unwilling to provide service, or within 120 days, the purveyor and applicant are unable to negotiate an agreement on the schedule and terms providing service. The 120 day period commences at the first meeting between the purveyor and the applicant. Written confirmation of an agreement between the applicant and purveyor must be reached by the end of the 120 day period. (ii) If the applicant is unable to acquire a response from the purveyor, a certified letter to the purveyor requesting service shall serve as notice of the 120 day negotiation start date. (B) The applicant has provided a certificate of future connection from the appropriate Group A water purveyor that certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor's water system upon availability of such water service and that the property owner shall pay all costs of connection. The applicant agrees to decommission any well that is abandoned in the process of connection to a Group A water system in conformance with applicable state law, WAC 173-160.This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor. See redline version for deletions to "binding site plan" language 17.03.032- Development Densities and Dimensional Requirements Clarifications only and deletion of F.A.R which was discussed up above.(a) Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac).For nonresidential development, development densities are calculated as the amount of building floor area allowed per gross acre of land, the "floor area ratio" (FAR).For all development areas within the county development densities are shown in Figure 17.03.032 or are included in Chapter 17.04 for rural lands and Chapter 8.52 for resource lands. Title 17-2022 Update (may incl. additional titles) Page 4 (3) (A) Except through an approved subdivision or performance subdivision, pursuant to Mason County Code Title 16, or through the provisions of subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size except through the provisions of subsection (b)(3)(C)(iv). The allowed residential density (allowed number of dwelling units) of the entire original property is allocated to the lots created. For example, in the Rural Residential 5 Zone, the standard residential density is one dwelling unit per five acres. Therefore, a rural area property or parcel of twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen-acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes; 17.03.032- Development Densities and Dimensional Requirements Clarifications 17.03.032(b)(3)(C)(iv) Boundary line adjustments in the Rural Residential 5, 10, and 20 districts may reduce the size of a lot to below the development density standard (5, 10, or 20 acres), provided that development density is not increased. For, example, in a Rural Residential 5 zone, a BLA between a 5 acre lot and a 7 acre lot cannot create a two -acre lot (minimum allowed lot size) and a 10 acre lot as the 10 acre lot would appear to have additional density;: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; 17.03.032- Development Densities and Dimensional Requirements Buffer yard language and standards are now in 17.04 17.03.032(b)(4) Title 16, Mason County Code, regulates land divisions in Mason County and establishes a review process by which all applicable regulations can be addressed. The allowable size and configuration of any given lot in a land division is determined through this process. Issues to be considered in establishing a minimum size for any particular lot shall include adequate provisions for buffer yards and,as setbacks as set forth in Section 17.03.036 or setbacks in Chapter 17.04. 17.03.032- Development Densities and Dimensional Requirements This information is found in each "zone, district, designation" of the rural lands, urban growth area plans, and resource ordinance. 17.03.032(c) Dimensional Requirements. Dimensional requirements include setbacks, building height restrictions, and maximum allowed lot coverage. These requirements for each development area are set forth in Figure 17.03.032; consult the specific adopted urban growth area plan for density and dimensional requirements for the applicable zone designation. Maximum height restrictions shall not apply to storage silos, antennas, transmission towers, water tanks on lands in all zones and on resource lands; and shall not apply to incineration facilities, boilers, electrical or generating plants, or industrial facilities on lands zoned as industrial areas. Elimination of figure 17.03.032 Development Densities; Dimensional Requirements 17.03.033-Performance Based Density Bonuses. Unnecessary, already addressed in 17.04, Title 16, and 17.03.037.17.03.033 Performance based density bonuses Where they are greater than the standard residential densities, the "Maximum Residential Densities" shown in Figure 17.03.032 and in Chapter 17.04 may be achieved only through the use of the performance standards set forth in this chapter and in Title 16, or through the provisions contained in Section 17.03.037 of this chapter. These standards are designed and intended to encourage the preservation of the character of the land surrounding the proposed land use. The achievement of these bonuses will, in most cases, require an analysis of the land to document existing conditions, opportunities and constraints. Use of this information will assist in determining the most appropriate development pattern for each individual site. (Ord. 108-05 Attach. B (part), 2005). 17.03.035-Land Divisions in Resource Lands. Clarification 17.03.035 Land divisions in resource lands (a) Cluster development, as provided in Chapter 16.23, Mason County Code, is required may be allowed for all residential Title 17-2022 Update (may incl. additional titles) Page 5 Lands.County Code, is required may be allowed for all residential subdivisions or short plats located in the following development areas: agricultural resource lands, long -term commercial forests and mineral resource areas. 17.03.036-Buffer and Landscape Requirements. Movement of sections utilized in review to a new more appropriate location in 17.04. Deletion of 17.03.036 Buffer and landscape requirements and corresponding figure (see redlined code) in current location and create a new section in 17.04 since "buffer standards" are referenced in 17.04. New section is now 17.04.800 Buffer and Landscape Requirements. 17.03.037-Density transfer and agricultural resource lands. Clarification 17.03.037 Density transfer and agricultural resource lands (4) In the urban growth areas, density transfer under the provisions of this section may be used on the receiving property in order to allow residential development up to the "Maximum Residential Density", shown in Figure 17.03.032,without a performance based subdivision and without compliance with the performance standards or criteria for such subdivisions as established in Chapter 16.22 of this code. Movement and re-numbering of figure 17.03.037 (now 17.04.802(1)) 17.03.036 (figures)Movement and re-numbering of figures 17.03.038 and 17.03.039(now 17.04.802(2) and 17.04.802(3) 17.03.105 Motor vehicle impound yards. Addressed as permitted use or permitted use with special use permit within urban growth areas, duplicative. Deletion of 17.03.105 Motor vehicle impound yards (see redlined code) 17.04.200-Rural Residential 2.5 Uses are indicated as permitted with a special use permit in section 17.04.217 and somehow didn't get listed under 17.04.212 17.04.212 Uses Permitted. (c) Special Permit Required Uses. Cemetery , commercial day care center, essential public facility, schools, and community and recreation centers. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.20 23 are not allowed. 17.04.200-Rural Residential 2.5 Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact with increasing the allowable size. 17.04.214 Building regulations (a) Floor Area Ratio. One is to twenty, except for fire stations. (a b) Size. Three Four thousand eight hundred square feet maximum, for non-agricultural and accessory buildings except for dwelling and agricultural buildings. (b c) 17.04.220-Rural Residential 5 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.222 Uses permitted. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.20 23 are not allowed. 17.04.224 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum for non-agricultural and accessory buildings,except for dwellings and agricultural buildings. 17.04.226 Off-street parking Two spaces per residence. See Parking Ordinance for other land uses ; parking setback for nonresidential land uses shall be twenty five feet . 17.04.230-Rural Residential 10 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.234 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum for non-agricultural and accessory buildings, except for dwellings and agricultural buildings. (bc) 17.03.236 Off-street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty five feet. 17.04.240-Rural Residential 20 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.244 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum, for non-agricultural and accessory buildings except for dwellings and agricultural buildings. (bc) 17.04.246 Off-street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty five feet. 17.04.250-Rural Multi- Family Clarification that this zoning designation is only for parcels with existing multi-family development and no new zoning is to be created. This is per GMA regulations. 17.04.251 Purpose. This district provides for designates existing multi-family residential development including mobile home parks. New RMF zoning designations are prohibited. Title 17-2022 Update (may incl. additional titles) Page 6 Addition of language that does allow development within these zones to reduce the standard setback with an administrative variance. designations are prohibited. 17.04.254 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) (bc) 17.04.257 Special provisions. (a)Mobile home park expansions shall comply with the mobile home park ordinance. (b) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). 17.04.320-Rural Commercial 1 This rural commercial designation did not have any uses listed as permitted outright, staff suggested moving some uses from permitted with a special use permit to uses permitted, as well as suggesting the use of coffee stand which seems to be a popular use requested in the rural area. Staff has also suggested allowing single family residential as a permitted use because the whole goal of the GMA is to keep rural areas rural, thus allowing single family residential. 17.04.322 Uses permitted. (a) Uses. Convenience/general store, coffee stand, bed & breakfast, single family residential. (ba) Uses Permitted with Special Use Permit. Convenience/general store,gas station, restaurant, bed and breakfast,laundry. (b) Accessory Uses. Owner occupied residential. 17.04.323 Lot requirements. (a) Density. One owner/manager occupied residence per lot. Lot size. Dependent on subject property location. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.324 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for agricultural buildings, antennas or water tanks. 17.04.330-Rural Commercial 2 Clarifications and deletions of obscure language. Lot width and depth, as currently worded would make it very hard to find a parcel to designate RC2 and staff and PAC haven't been able to deduce why this was made a provision in the first place. 17.04.333 Lot requirements. (a) Density. One residence per lot. Lot size. Dependent on subject property locations. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.334 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for agricultural buildings, antennas or water tanks. 17.04.340-Rural Commercial 3 See above 17.04.342 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities -post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina -sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, and single -family residential accessory use or apartment. 17.04.343 Lot Requirements. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.344 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for agricultural buildings, antennas, water tanks or necessary structural elements for an otherwise compliant permitted land use ,. Not to exceed fifty-five feet or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit not to exceed fifty-five feet. 17.04.345 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary Title 17-2022 Update (may incl. additional titles) Page 7 twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.350-Rural Commercial 4 Rural Commercial 4 language is almost identical to Rural Commercial 3 and there are no parcels within the County with the designation RC4, staff is suggesting deleting the current zoning language and reserving the section for future use; if additional uses beyond what is currently allowed within the other rural zones are desired, there is now a placeholder to create something. Deletion of current Rural Commercial 4 language, but reserving "Rural Commercial 4" for future use. There is no existing parcels with this designation at the time of this update. 17.04.360-Rural Commercial 5 See above 17.04.361 Purpose. This district provides for existing commercial development that includes open display vehicle sales land uses.(See section 17.02.043) 17.04.362 Uses Permitted. (a) Uses. Sales and service of automobiles and trucks, recreational vehicles, watercraft, and retail sales of manufactured homes, and single-family residential accessory use or apartment. 17.04.363 Lot Requirements. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.364 Building regulations. (a) Floor Area Ratio. One is to three, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for antennas or water tanks ,. Not to exceed fifty -five feet or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit , not to exceed fifty -five feet. 17.04.365 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.400-Rural Industrial Deletion of density and lot size, as currently written provides no direction on how to regulate. Deletion of F.A.R language 17.04.403 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) (bc) (cd) (de) 17.04.404 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RAC, except for fire stations. (ab) (bc) 17.04.407 Special provisions. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.03.036 setback and buffer provisions. 17.04.500-Rural Natural Resource Deletion of density and lot size, as currently written provides no direction on how to regulate. Deletion of F.A.R language 17.04.503 Lot requirements (a) Density and Lot Size. Five acres or greater. dependent on subject property location 17.04.504 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) (bc) 17.04.505 Signs. One monument sign, ten -foot height and one hundred forty-square foot size limit; one wall sign that faces towards street or public access, forty-square foot size limit, and no more than ten percent of wall area. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.20 23 are not allowed. 17.05.507 Special provisions. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet Title 17-2022 Update (may incl. additional titles) Page 8 but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.03.036 setback and buffer provisions. 17.04.600-Rural Tourist Addition of accessory uses that would generally be needed based on the primary allowed uses of this zone. See above for addition reasons for subsequent deletions. 17.04.602 Uses permitted. (b) Accessory Uses. Employee housing ; maintenance buildings/yards, offices, equipment storage and rental; retail and gas (one thousand square feet maximum building size); self-storage (contained space has one thousand square feet maximum building size; outdoor storage limited to recreation storage). 17.04.603 Lot requirements (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) (cd) 17.04.604 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RC3, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. 17.04.605 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.610-Rural Tourist Campground See above 17.04.613 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) (cd) 17.04.614 Building regulations. (a) Floor Area Ratio. One is to twenty in rural areas, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty-five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. 17.04.615 Signs Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.700-Master Planned Resort Any applicant for a master planned resort would be required to follow 17.70 17.04.701 Purpose. The master planned resort district provides for self -contained and fully integrated planned unit development in a setting of significant natural amenity, with the primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities. See section 17.70 Master Development Plans for development regulations. Deletion of the rest of language under 17.04.700 for Master Planned Resort 17.04.801 & 17.04.802 Buffer and Landscape Requirements Movement of sections utilized in review to a new more appropriate location in 17.04. Created new section within 17.04 for buffer and landscape standards transferring parts of the deleted section 17.03.036. 17.05.014-Alterations and Enlargements Clarifications 17.05.014 Alterations and enlargements. (a) Unless otherwise specifically provided in this chapter, Title 17-2022 Update (may incl. additional titles) Page 9 and Enlargements (a) Unless otherwise specifically provided in this chapter, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the setback and buffer requirements of this chapter, as those setback and buffer requirements are applied to the entire parcel of land, subject to the determination of the administrator., as set forth in Section 17.03.036(3)(C). (b) Nonconforming nonresidential uses and structures located outside urban growth areas may be permitted to expand, subject to the following conditions: (1) The floor area of the existing building(s) shall not increase by more than twenty percent or ten thousand square feet, whichever is greater; and (2) The setback and buffer yard requirements of this chapter shall be applied to the entire parcel of land, and shall be met, subject to the determination of the administrator., as set forth in Section 17.03.036(3)(C). 17.05.025-Temporary Signs. Revision to match code amendments adopted for the Belfair UGA in 2018, in response to a decision handed down in the U.S. Supreme Court Ruling Reed vs. Town of Gilbert, 2015. 17.05.025 Temporary signs. Temporary signs are those signs associated with a particular event or short term activity such as, but not limited to; agricultural or garage sales signs, grand opening displays, festival, carnival or parade signs, political signs and real estate signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity; which temporary signs are to be removed within ten days when of the event or activity end ings. (a) Signs shall not be placed within the county right -of-way unless otherwise approved with a road-use permit from the public works department, and with adjacent property owner's permission, except as allowed under section 17.03.202(a)C. (c) It shall be the responsibility of the owner to remove a temporary sign within ten days after such sign is no longer serving its purpose . including, but not limited to; the end of an event, meeting, festival, carnival or parage; the sale, lease, or rent of property; the end of an annual election cycle; the end of any type of sale. 17.05.036-Procedural Requirements for a variance Corrected reference 17.05.036 Procedural requirements for a variance. (c) Variance applications decided by the hearing examiner shall require a public hearing, as set forth in Section 17.05.050 of this chapter Title 15. 17.05.079-Amendments Corrected reference 17.05.079 Amendments. (3) Upon receipt of the recommendation of the commission, the board shall set a date for a public hearing on the amendment. Notice requirements for the public hearing shall be as set forth in Section 17.05.052 Title 15; (4) The board shall conduct its hearing in accordance with the provisions set forth in Section 17.05.054 Title 15; 17.05.080-Rezone Criteria Deletion of Rural Commercial 3 zoning only allowed in RACs and hamlets, staff could not find a premise within the Mason County Code or the RCWs that would require this zoning only within RACs and hamlets Referenced policy in comp plan does not currently exist. 17.05.080 Rezone Criteria. (b) Rural Commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. (c) Initial Zoning after Redesignation of Resource Land. Subsections (a) and (b) do not apply to a decision to initially zone land when it is redesignated from long-term commercial forest. pursuant to policy RE-105 of the comprehensive plan The board of commissioners shall determine the initial zoning for such redesignated land by applying the planning policies in Chapter III of the Comprehensive Plan. 17.06.010-Definitions Clarifying where the setback is measured from for front, side and rear setbacks. Updating definitions related to temporary signs in order to match previous amendments made in 2018 to the Belfair sign code 17.06.010 Definitions. "Agricultural sales sign" means a usually seasonal temporary sign used to announce and/or direct the public to a sale of locally grown agricultural products. "Front yard" and "front yard setback" mean the space extending the full width of the lot between a structure or building and the front lot line or road easement boundary, whichever is closer. The setback is measured from the furthest projection of the building to the closest point of the front lot line or road easement boundary, whichever is closer. See Figure 17.06 A. "Home occupation" means a business, occupation, or profession that is incidental to and carried on within a portion of a residential dwelling unit by a member or members of the household. The business may have up to three employees in addition to members of Title 17-2022 Update (may incl. additional titles) Page 10 business may have up to three employees in addition to members of the household. "Political sign" means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot. "Real estate signs" means any temporary sign pertaining to the sale, lease or rental of land or buildings. "Rear yard" and "rear yard setback." The "rear yard" means the space extending the full width of the lot between a structure or building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. The "setback" is measured from the furthest projection of means the closest distance from the structure to the rear lot line. See Figure 17.06 A. "Side yard" and "side yard setback" mean the space extending the full width of the lot between a structure or building and the side lot line and measured perpendicular to the building to the closest point of the side lot line. The side yard setback is measured from the furthest projection of the closest distance from the structure to the side lot line. See Figure 17.06 A. "Temporary signs" means those signs associated with a particular event or short term activity such as, but not limited to; agricultural or garage sales signs, grand opening displays, festival, carnival or parade signs, political signs and real estate signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity; which temporary signs are to be removed within ten days when of the event or activity end ings. Chapter 17.10 through 17.15 Allyn (UGA) Zoning Code 17.10-17.15 Various scrivener's errors, clarifications, grammatical errors 17.10.200 Deletion of criteria for ADUs that is specific to Allyn UGA since it refers to 17.03.029 which contains the requirements for ADUs for the County. In the Allyn UGA, ADUs must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or one thousand feet, whichever is smaller; (4) All setback requirements must be met by the ADU; (5) All applicable health district standards for water and sewer must be met by the ADU; (6) No recreational vehicles shall be allowed as ADU; (7) Only one ADU is allowed on any property; (8) An additional off-street parking space must be provided for the ADU. 17.10.320 Boundaries -Map Addition of language indicating the Allyn zoning districts are available as "layers" online at Mason County GIS The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. 17.12.140 Use permitted subject to obtaining a special use permit Assisted living facilities are allowed in other residential districts of the Allyn UGA, the village commercial zone allows for a variety of residential development and staff is proposing allowing within this zone with a special use permit. Addition of the use "Assisted Living Facilities"to uses permitted with a special use permit 17.15 Allyn Sign Code In 2018 the Belfair UGA sign code was updated based on the U.S. Supreme Court ruling in Reed vs. Town of Gilbert (2015). This ruling reiterated that regulating by "content", placed restrictions on speech, would not pass strict scrutiny, and thus violated the First Amendment. Many of the temporary signs in the belfair sign code regulated by the sign's content, so amendments were adopted in 2018. The Allyn Sign code replicates the problems that were apparent in the Belfair Sign code in regards to temporary signs, so staff is proposing the same revisions for the Allyn Code. See the redline code for the updated language. Title 17.20 -17.35 Belfair (UGA) Zoning Code Title 17-2022 Update (may incl. additional titles) Page 11 Title 17.20 -17.35 Belfair (UGA) Zoning Code 17.20.040 Interpretation Correction (a) In the case where the wording of the code is not explicit or where its application is in dispute, the director of the department of community development or his/her designee shall have the authority to interpret the meaning of the code upon receipt of a written request stipulating the exact nature of the dispute. Such decisions may be appealed to the planning commission hearing examiner. 17.20.070 Definitions Business Services is listed as a use allowed in the Belfair UGA under certain zones, there was question to how it was defined. “Business Services” means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; protective services; equipment rental and leasing; commercial research, development, and testing; photo finishing; and personal supply services. 17.20.090 District boundaries -Map Clarification that GIS layers also establish the zoning in the County and the physical maps are not the only reference. (a) A parcel specific official zoning map, designating the boundaries of zoning districts and approved overlay districts and planned unit developments, shall be adopted by the county board of commissioners. Said map shall be kept on file with the department of community development. The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. 17.21.050 Prohibited uses, Also 17.22.045, 17.22.095, 17.22.145, 17.23.145 No need for a "prohibited uses" section in the belfair uga. The only use listed is adult entertainment. The code is already written to say what the allowed uses "are" and it is already assumed that if not listed it is prohibited. Plus there are specific zones where adult entertainment is called out as allowed within. Deletion of the sections "prohibited uses" the code is written as "if it isn't listed as permitted, it is prohibited". No need for this section. 17.22.090 Special Uses Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (f) Hotels. provided the following siting and design conditions are met: (1) Site is identified as a "hotel overlay" on the official zoning map for the Belfair UGA. 17.22.140 Special Uses Festival Retail district was eliminated during the recent Belfair EIS process and all zones were redesignated as mixed use. Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (f) All uses permitted in the festival retail mixed use district (MUFR) provided the following conditions are met: (1) Applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern line are built out;Site is identified as a "retail overlay" on the official zoning map for the Belfair UGA; (2) Development must comply with all bulk, dimensional, and design standards and guidelines of the mixed use district. 17.22.160 Retail overlay area Deletion of section, this overlay is only allowed as a special use in the R-10 district and is already listed in the R-10 section, under uses permitted as a special use. Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. 17.22.160 Retail overlay area. Within the R-10 district, areas may be identified as a "retail overlay area" on the official zoning map for the Belfair UGA. Mapping of such an area allows for commercial development similar to that allowed in the festival retail district. Development allowed in the retail overlay areas must meet the bulk and dimensional requirements, and design standards and guidelines of the festival retail district. Establishment of a retail overlay area requires that the Belfair UGA plan be amended after a public participation process to allow such retail uses or that the zoning map be amended after the applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern Railroad line are built-out. 17.23.130 Allowed uses, also 17.24.020, 17.24.080 Because of the particular chemicals and processes dry cleaners use, staff is suggesting moving it to the special uses section which will allow extra review for such proposals. Part of the Belfair UGA is within a CARA making evaluation of placement of such uses necessary. Movement of "Dry cleaners and laundries, not including laundromats" to 17.23.140, 17.24.030, 17.24.100 Special uses and specifying that this use cannot be located in a Critical Aquafer Recharge Area 17.24.030 Special Uses Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (8) All uses permitted in the business-industrial district provided the following condition is are met: (A) Site is identified as a "general commercial -business industrial overlay" on the official zoning map for the Belfair UGA; Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. (11) Dry cleaners and laundries not including laundromats (must not be located in a CARA). 17.24.080 Allowed Uses No where in the Belfair UGA doe the use "Warehouse, distribution" appear, (14) Warehouse, distribution. Title 17-2022 Update (may incl. additional titles) Page 12 17.24.080 Allowed Uses No where in the Belfair UGA doe the use "Warehouse, distribution" appear, yet it would be appropriate in the Business Industrial and according to 17.03.034 Classification of Land Uses warehouses would be appropriate in the intensity of use that industrial zoning allows. Therefore, staff is suggesting this addition to the Business Industrial district of the Belfair UGA (14) Warehouse, distribution. Title 8.52 -Mason County Resource Ordinance Amendments 8.52.060-Long Term Commercial Forest Lands Clarification Updating outdated references (see redlined code) Clarification Since the matrix of permitted uses was proposed for alteration to the now "uses prohibited as cottage industries", some uses under the agricultural resource lands category had to be transferred to the Resource Ordinance under the appropriate chapter. These uses should have been moved to the Resource Ordinance and included under the section "land uses" but some how was overlooked. This change makes the code more concise and efficient with one place to look for the AG regulations regarding land uses. Updated the density section to reflect the deletion of F.A.R as a measurement of density in the rural areas. 8.52.061 Agricultural Resource Lands. (B) Designation. Lands of Mason County which have been identified as meeting the classification criteria for Agricultural Resource Lands, and are so specified on the official Mason County map, available at the Mason County Planning Division as a layer on the public web-based Mason County GIS (gis.masoncountywa.gov/mason), titled, "Mason County Agricultural Resource Lands" or as thereafter amended, are designated as Agricultural Resource Lands. (C) Land Uses. Development and land uses and activities allowed in the Agricultural Resource Lands or on adjacent lands are as specified in the Mason County this chapter Development Regulations and other applicable ordinances, codes and regulations. (C) (3) Uses Permitted: Single family residential, accessory use or apartment, aquaculture, bicycle paths and walking trails, kennels, public parks, forestry, fuel storage tanks (above ground & underground, accessory use), livestock, stable(s), pasture, public parks, signs, cottage industry (must comply with criteria in 17.03.021). (4) Uses Permitted with Special Use Permit: Education Learning Center, Fire Station, bed & breakfast. (D) Development Standards. (1) (c) Density Floor Area Ratio: one is to twenty, except for fire stations one primary residence per ten acres and one accessory dwelling unit per parcel. (2)Proposed land uses shall meet the review standards for land uses established in the Mason County Resource Ordinance, development regulations, including Section 17.03.020(Matrix of Permitted Uses)and Section 17.03.021 (Home Occupation and Cottage Industries). Updated to indicate that we treat Inholding Lands similar to RR5 and allowance of one (1) adu per parcel. Also, includes proposed change to size of an accessory building 8.52.070 Inholding Lands. (D) (2) Each parcel currently below five acres in size may be developed for an individual primary single-family residence and one (1) Accessory Dwelling Unit (ADU). (4)(a)(iii) Floor area ratio: 1:20, except for fire stations. (iviii) Size: Four Three thousand eight hundred square feet maximum for nonagricultural and accessory buildings except for dwellings and agricultural buildings; (iv) (b) Water Supply. Inholding properties shall meet all water supply standards as required under Section 17.01.068 8.52.100(B)[sic]. Updated wetlands chapter to indicate what the buffers would be in a category III wetland buffer area when a unique situation occurs regarding a high level of function for habitat. This change was also a recommendation by Ecology. 8.52.110 Wetlands. Adding row to Category III wetlands for high level function for habitat High level of function for habitat (score for habitat 8 -9 points) Low -150 ft Moderate –225 ft High –300 ft SEPA Comments & County Response Title 17-2022 Update (may incl. additional titles) Page 13 High –300 ft SEPA Comments & County Response Agency Code Reference & Comment County Response ORCAA, Lauren Whybrew MCC 17.04.407 & MCC 17.04.507 Section 17.04.407 and 17.04.507 state that "Odor shall be controlled to comply with Olympic Air Pollution Control Authority Reg. 1, Section 9.11." ORCAA would like to note that our Agency name has changed from "Olympic Air Pollution Control Authority" to Olympic Region Clean Air Agency. Additionally, Reg. 1 Section 9.11 no longer exists in our regulations; ORCAA Rule 8.5 would be the equivalent citation under ORCAA's current regulations. Staff has updated each of the stated sections with the correct references, please see redline copy of the code. Title 17-2022 Update (may incl. additional titles) Page 14 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 December 20, 2022 at 915a. SAID HEARING will be to take public comment on MCC Title 17 – Zoning code amendments, in particular chapters 17.01 through 17.06, Allyn UGA code chapters 17.10 through 17.15, Belfair UGA code chapters 17.20 through 17.35, and minor amendments to MCC Title 8.52 in particular chapters 8.52.060 – Long Term Commercial Forest Lands, 8.52.061 – Agricultural Resource Lands, 8.52.070 – Inholding Lands, and 8.52.110 - Wetlands. Public testimony will be available in-person or via Zoom. The URL is available on the County website https://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, (360) 427- 9670 ext. 419. DATED this 8th day of November, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Mason County Community Development 615 W Alder St. Shelton, Wa 98584 Cc: Commissioners Community Development Shelton Journal: Publ. 2t: December 8, 2022 & December 15, 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.6 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: 2023 Environmental Health Fee Schedule Background/Executive Summary: Per Resolution 70-13, Environmental Health fees are to be adjusted for the 2023 calendar year. CPIU for July was 8.3%. Fees are being adjusted by the maximum of 5.0% per resolution. For convenience, calculated fees are rounded down to the nearest $5.00. Proposed fees would go into effect on January 1st, 2023. Budget Impact (amount, funding source, budget amendment): Fee adjustments are included in proposed budgets. Public Outreach (news release, community meeting, etc.): Notices and reminders are sent to contractors, designers, and other affected stakeholders. Updated fee schedule will be posted to the County website. Requested Action: Approval of the Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule. Attachments: Resolution Fee Schedule Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 1 of 5 Plan Review Private 2 Party $275 285 3-14 Connections $635 665 Existing System Approval $455 480 Re-submittal $150 160 Well Construction Permit $275 285 Well Decommissioning $365 385 Well Site Inspection $230 240 Re-inspection $150 160 Group B or Individual Sanitary Survey $425 445 Water System Health Letter $90/hr $95/hr Waiver/Variance $275 285 Water Adequacy Review - See building permit plan review Technical Assistance (per hour)$90/hr $95/hr Appeal $180 190 Plan review (per hour)$90/hr $95/hr Pre-school $90/hr $95/hr Elementary School $90/hr $95/hr Middle School $90/hr $95/hr High School $90/hr $95/hr Day Care $90/hr $95/hr Technical Assistance (per hour)$90/hr $95/hr Year-round Operation $455 480 Additional pool or spa $90 95 SeasonalOperation $365 385 Additional pool or spa $45 50 TechnicalAssistance (per hour)$90/hr $95/hr Process & ship vector specimen $45 50 Municipal Landfill Application $90/hr $95/hr Renewal $425 445 Closure/ Post Closure $425 445 Transfer Station, Moderate Risk Waste Facility Application $485 510 Renewal $365 385 Per Ton (Fee set by resolution)$1.50 Monofill, Inert Disposal/Landfill Application $550 575 Drinking Water Program School Inspection Water Recreation Facility Vector Solid Waste Program Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 2 of 5 Renewal $365 385 Closure/ Post Closure $305 320 Woodwaste, Woodwaste recycling, Composting, Limited purpose landfill, Medical Incinerator, Waste to energy, Treatment facility Application $670 705 Renewal $425 445 Closure/ Post Closure $290 305 Piles, Surface Impoundments Application $365 385 Renewal $275 285 Tire Pile, Recycling,Conditional Exempt Waste Facility, Drop Box Application $365 385 Renewal $275 285 Non-inert Construction Demo Landfill Application $855 895 Renewal $485 510 Closure/ Post Closure $335 350 Energy Recovery/Inceneration Application $4,620 4850 Renewal $1,650 1730 Technical Assistance (per hour)$90/hr $95/hr Waiver $275 285 Appeal $180 190 Illegal Drug Lab Plan Review $275 285 Per hour over 3 hours $90/hr $95/hr Restaurants Complex Large $820 865 Complex Small $550 575 Non-complex Large $365 385 Non-complex Small $275 285 Taverns Complex Large $820 865 Complex Small $550 575 Non-complex (no Food)$275 285 Mobiles Complex $540 570 Non-complex $275 285 Kitchens Large $275 285 Small $185 195 Confectionery $185 195 Espresso $185 195 Bed & Breakfast $185 195 Food Service Permit Fees Hazardous Material Cleanup Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 3 of 5 Bakery $275 285 School/Jail Food Service Central Kitchen $275 285 Satellite Kitchen $185 195 Headstart/Preschool $230 240 Re-inspections Initial $90 95 Follow-up $150 160 Technical Assistance (per hour)$90/hr $95/hr Plan Review (per hour)$90/hr $95/hr Appeal/Office Conference $180 190 Catering Off Premises Vending - Licensed Restaurant $185 195 Catering with Commessary Only $275 285 Grocery/Markets 0-3 Checkstands Base fee $275 285 4+ Checkstands Base fee $320 335 For Each Department Add: Bakery $90 95 Meat $90 95 Seafood $90 95 Deli $140 145 Espresso $90 95 Food Handlers Card (fee set by State)10 Duplicate for Lost Food Handlers Card $3 3 Low Risk Foods Regular Tax Exempt Single Event $45 50 35 Multiple up to 21 days $85 90 $65 70 Farmer's Market $75 80 60 Moderate Risk Foods Single Event $85 90 $65 70 Multiple up to 21 days $180 190 $140 145 Farmer's Market $160 170 $125 130 High Risk Foods Single Event $130 140 $100 105 Multiple up to 21 days $260 275 $205 215 Farmer's Market $250 260 $195 205 Expedited Food Permit Additional 50% of fee BLA (office review)$140 145 Large Lot Subdivision Application fee $425 445 Per Parcel fee 35 Short Subdivision $425 445 Subdivision Application fee $635 665 Temporary Food Event Land Use Fees Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 4 of 5 Per Parcel fee 35 Other review (per hour)$90/hr $95/hr Pre-application meeting - Major EH Plan Review $240 255 Change in Tennant - Minor EH Plan Review $125 130 Building Plan Review/Change of Use - Onsite Sewage:$125 130 Building Plan Review/Change of Use - Drinking Water Availability:$125 130 Water Resource Inventory Area (WRIA) Fee, (set by State)$500 525 Technical Assistance (per hour)$90/hr $95/hr Certified Installer Test (through WOSSA) Annual $275 285 Certified Pumper Inspection <1 hour, additional time billed per hour $90 95 Annual $275 285 Certified O&M Specialist Test (through WOSSA) Annual $275 285 Washington State DOL Certified Designer Inclusion on Mason County list - Annual Listing 35 Individual permit $500 525 Installation $240 255 Extension (< 1 year through September 30)$150 160 Homeowner install - in addition to installation fee $205 215 Tank Only $240 255 Community/Commercial $1,160 1215 Base + hourly rate > 8 hrs Per connection (payable with design submittal $150 160 Re-inspection/Re-submittal $150 160 O&M Processing/ Data entry to Carmody $10 10 Winter Observation $550 575 EH Review (Non-refundable) CRT Water $240 255 Septic $240 255 Both $405 430 Property Evaluation $335 350 Dye Test (supplies extra)$90/hr $95/hr Appeal $180 190 Waiver/Variance Staff/EH $180 190 Health Officer/DOH/Director $275 285 Technical Assistance (per hour)$90/hr $95/hr Technical Assistance all EH Programs $90/hr $95/hr Licensed Onsite Professionals Onsite Sewage System Fees Other EH Fees Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 5 of 5 Fee for copies (set by State)0.15 SEPA (set by DCD) Filing fees (Fee set by Auditor) Scanning fee (per document/permit)10 Operating without a permit Double permit fee Technology Surcharge (set by DCD for electronic permitting) Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Tammi Wright Ext. 800 Department: Emergency Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.7 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Professional Services Contract with Bridgeview Consulting, LLC to complete the update of the County’s Multi-Jurisdictional Hazard Mitigation Plan. Background/Executive Summary: Counties are required to update their Hazard Mitigation Plans (HMP) every 5 years in order to stay in compliance with Washington State Military Department (WA-MD) and the Federal Emergency Management Agency (FEMA) requirements. Current plans are required to access a variety of emergency management and disaster funding programs. Bridgeview Consulting, LLC, in coordination with County staff as well as representatives from various governmental, community, non-profit and other agencies and departments, and the general public will work through the FEMA described process to update the current HMP that expires on 4/29/2023. Emergency Management secured the services of Bridgeview Consulting, LLC through a competitive Request for Qualifications process that was completed on October 26, 2022. The contract total is $80,750 with a performance period of November 8, 2022 through April 3, 2024. Budget Impact (amount, funding source, budget amendment): This contract will be funded through WA-MD’s Hazard Mitigation Grant #D23-005 of which $76,500 is funded through FEMA agreement #FEMA-DR 4539-10-WA. WA-MD is providing an additional $4,250 in funds which covers the contract award in full. Mason County will provide a $4,250 match with in-kind services. Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approve the execution and signing of a Professional Services Contract with Bridgeview Consulting, LLC. Attachments: Professional Services Contract with Bridgeview Consulting, LLC 1 MASON COUNTY and BRIDGEVIEW CONSULTING, LLC PROFESSIONAL SERVICES CONTRACT Multi-Jurisdictional Hazard Mitigation Plan Update This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" specific to the Mason County D ivision of Emergency Management hereinafter referred to as "DEM" and Bridgeview Consulting, LLC, hereinafter referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "parties." RECITALS: WHEREAS, COUNTY's DEM needs to retain a person or firm to update COUNTY's current Multi-Jurisdictional Hazard Mitigation Plan; and WHEREAS, COUNTY has completed a Request for Proposal process with CONTRACTOR being deemed as the successful proposer; 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, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: This CONTRACT is funded through the Washington State Military Department (WA-MD) Hazard Mitigation Grant #D 23-005 Revised of which 90% is funded through the Federal Emergency Management Agency (FEMA) agreement #FEMA-DR 4539-10-WA Hazard Mitigation Grant Program (HMGP) Washington Severe Winter Storms, Flooding, Landslides, and Mudslides. Compliance with Funding Agreements: CONTRACTOR is responsible for ensuring compliance as detailed and required in the Washington State Military Department Hazard Mitigation Grant Agreement #D23-005 Revised as well as the funding source agreement FEMA-DR 4539-10-WA. SAM Registration: CONTRACTOR will register with the federal System for Award Management (SAM) prior to starting work under this CONTRACT. CONTRACTOR will notify COUNTY when registration has been completed. 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. Term: The performance period for this CONTRACT will start upon date of final signature and end on or 2 before April 3, 2024. Services Outside of Term: 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: CONTRACT total value is not to exceed $80,750. Independent Contractor: 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. 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. The 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. 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. 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. 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. 3 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. Accounting and Payment for CONTRACTOR Services: 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. 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," 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 4 Secretary of Labor and/or the State of Washington. 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. 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. 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. 5 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. Current companies or individuals that have been declared ineligible to receive federal contracts can be researched on U.S. Department of Labor at https://www.dol.gov/agencies/ofccp/debarred- list. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data, maps, reports and similar prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results 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 6 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: 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 7 for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 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. 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 COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Minimum Federal Provisions: As all or part of the services being provided are funded with Federal dollars CONTRACTOR agrees to adhere to the requirements set forth in "Exhibit 0 Minimum Federal Provisions." 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 Department of Emergency Management 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 8 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: John M. Taylor, DEM/Parks Manager Mason County 100 W. Public Works Dr. Shelton, WA 98584 Phone: 360-427-9670 Ext. 806 E-mail: JTaylor@masoncountywa.gov CONTRACTOR's Primary Contact's Information: Beverly O’Dea Bridgeview Consulting, LLC 915 N Laurel Lane Tacoma, WA 98406 Phone: (253) 301-1330 Email: bevodea@bridgeviewconsulting.org 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. 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. 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 9 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. 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 project 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: 1. 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. 2. 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. 3. 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: 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 10 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 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. B. Exhibit E-Grant #D23-005 Revised C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A, B and D 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. 11 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONSULTANT BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Consultant Kevin Shutty, Commission Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 12 EXHIBIT A SCOPE OF SERVICES The Mason County Emergency Management Department (DEM) has been awarded a grant to update the current Mason County Multi-Jurisdictional Hazard Mitigation Plan (Plan) as required by the Federal Emergency Management Agency (FEMA). DEM has contracted with Bridgeview Consulting, LLC (Consultant) to complete portions of the Plan update as detailed below. Task 1: Organize Resources and Assurances: Consultant will support DEM in the organization of resources needs to complete the Plan update. Task 1A: Define the Partnerships-Consultant, in partnership with DEM's designated Planning Team (Team,) will identify local jurisdictions, academia, private non-profits and businesses within the planning area to gain valuable input to enhance the updating process. Task 1B: Plan Review-Consultant will assist the Team in the review of existing studies, plans, reports or technical information that may be pertinent to hazard mitigation, for probable incorporation into this plan. This will include the Washington State Hazard Mitigation Plan. Task 1C: Coordination with other Agencies-Consultant and Team will coordinate with other agencies involved in, or that can impact hazard mitigation actions identified in the Plan update. This potentially will include but not limited to: Washington Department of Ecology, Washington Department of Military-Emergency Management Division and FEMA Region X. The Team will strive to coordinate with any concurrent planning effort in an effort to promote regional consistency in hazard mitigation efforts. Task 2: Assess the Risk: Consultant will identify the characteristics and potential consequences of the natural hazards impacting the planning area. A thorough assessment of each hazard as well as the vulnerability of the planning area to each identified hazard will be accomplished using tools such as GIS and/or HAZUS. Historical/local knowledge of past occurrences will be updated as appropriate. The Mason County Hazard Mitigation Plan will be utilized as the starting point for this phase to determine historic occurrences and hazards to which the County is susceptible, incorporating data from the State's HMP as appropriate. Task 2A: Update of Critical Facilities: Consultant will work with DEM and partner agencies to update existing critical facilities data by combining pertinent information regarding structure type, valuation, new construction, and any other information that may assist with modeling in HAZUS as defined in detail above. County GIS will provide initial data, which will be utilized as a starting point. Consultant will work with DEM and other County staff to identify additional gaps. Once data has been assimilated, the data will be combined from several sources into a single HAZUS (CDMS) database format by Consultant. Task 2B: HAZUS-MH Analysis: Consultant will set up a HAZUS-MI model for the planning area and run a Level 2 analysis of the flood and earthquake hazards. This model will be populated with updated GIS data supplied by County GIS. Consultant will work with the DEM staff and the Team to develop a method to capture critical facilities data for use in this process. Task 2C: Map Extent and Location of Hazards of Concern: Maps that illustrate the identifiable hazard areas within the planning area for each of the partner agencies will be generated by County personnel, with support and assistance from Consultant. All Hazus-related products will be developed by Consultant. Consultant will work with County GIS to develop the study region 13 to ensure consistency in mapping scheme. These maps will be GIS based when data is available, will utilize the best available information from county, state and federal agencies and will include identified critical facilities and critical infrastructure located within the identified hazard areas. When GIS data is not available at the local level, HAZUS-MH will be utilized to create a regional profile. Task 2D: Past Occurrence Review: Consultant will conduct a chronological review of past events impacting the planning area, broken down by agency. For some hazards, there may be no historical record for that type of event occurring within the planning area. In these cases, a regional review will be performed. Task 2E: Vulnerability Analysis: The potential vulnerability of buildings, critical facilities and infrastructure will be determined using data defined above with loss estimations from HAZUS. Task 3: Public Involvement Strategy: Consultant will work with the DEM to develop and implement a public involvement strategy that will meet the statutory requirements of 44 CFR Section 201.6. Key to this task will be to utilize multiple media within the capabilities of the partnership that will give the public multiple opportunities to provide comment on the subject matter. This strategy will focus on three primary objectives: • Assess the public's perception of risk. • Assess the public's perception of vulnerability to those risks. • Identify possible mitigation strategies that will be supported by the public. • It should be noted that the level of effort for this phase will be at the discretion of the Team, supported by Consultant and DEM staff. Task 3 A: Questionnaires-Consultant will develop a Hazard Mitigation Questionnaire pertinent to issues within the planning area to gauge the public's perception of risk, vulnerability and willingness to support mitigation initiatives. This questionnaire will be disseminated primarily via web-based media as well as other means identified by the Team. The intent is to canvas all of the County's geographic regions. This task will include tabulation of the questionnaire responses and analysis of the results. DEM staff will assist in the coordination of the questionnaire completion by conducting outreach sessions, if possible, in coordination with other pre-established meetings. Task 3 B: Public Meetings-Consultant will support DEM staff in the facilitation of public meetings during the course of the Plan update development process. At a minimum, it is anticipated that two public meetings will be held during this process. One during the drafting stage of the Plan update to capture information concerning the public's perception of risk based on information presented and developed under Task 2. Additionally, a final of public meetings will held to present the draft plan to the public and allow them comment period. The format and number of these meetings and locations will be determined by the Team. These meetings should provide an interactive opportunity for the citizens to see and review key elements of the Plan update. These meetings will be advertised via a variety of modes that may include press releases and the internet. Task 3 C: Goals and Objectives-Consultant will facilitate the review of the goals and objectives for the Plan update. Task 3 D: Capability Assessment: Consultant will conduct a capability assessment to identify the policies, procedures, and programs in place within the planning area. This capability assessment will be expanded to review all programs in place in an effort to support recovery 14 planning efforts and initiatives for the County and partner agencies. The opportunities identified from this session will become the basis of the mitigation alternatives created under Task 4B. Task 3E: Website-Consultant will support DEM staff in the preparation of all outreach materials in a "web-friendly" format so that the internet can be utilized as an outreach medium. Task 4: Strategy Development: Once the goals and objectives have been identified, a range of mitigation alternatives and actions will be developed. This process will also include the identification of potential funding sources which can be utilized to support the strategies developed. As part of the mitigation strategy development, Consultant will assist the Team in developing a process for prioritizing, implementing, and administering action items based on a benefit cost analysis. The key components of this task are described in the follows: Task 4A: Update Action Strategies-Previous mitigation strategies will be review by Consultant and updated with progress to-date including a re-prioritization and assessment of project liability. Task 4B: Mitigation Items-Consultant will work with the Team to develop a series of mitigation action items which will help reduce the impacts of hazards on the planning area. These strategies or action items will identify actual structural projects, potential policies, or programs which will support all phases of emergency management. Task 4C: Develop a prioritization schedule-Consultant will work with the Team to develop a prioritization schedule to be applied to the action plans identified in the Plan update. This prioritization schedule shall emphasize the potential benefits of the project versus the costs of the project. Task 5: Develop the Plan Maintenance Strategy: Consultant will work with the Team to develop a strategy for long-term mitigation plan maintenance that should strive to include the following: the method and schedule of monitoring, evaluating, and re-updating the mitigation plan on a five-year cycle; establishing a protocol for a progress report to be completed annually on the plan's accomplishments; the process for incorporating the requirements of the mitigation plan into other planning mechanisms, such as comprehensive or capital improvement plans, zoning changes, or master plan development when appropriate; and addressing how the County and partner agencies will continue public participation in the mitigation plan maintenance process. Task 5A: Plan Maintenance Strategy-Consultant will work with DEM staff and the Team to identify a plan maintenance strategy that will address the five-year update requirement required by FEMA completion of the annual report card that will be used to monitor the progress of plan implementation. This strategy will be written into the Plan update and will be supported by each planning partners that signs on to this process. Task 5B: Consultant will work with DEM staff and the Team to identify those other planning mechanisms in effect within the planning area that can support hazard mitigation and identify ways to incorporated components of the mitigation plan into those mechanisms to strengthen the mitigation opportunities within the planning area. Task 5 C: Ongoing public participation in the mitigation process-Consultant will formulate a plan addressing how the County and partner agencies will continue public participation in the mitigation plan maintenance process. 15 Task 6: Develop the Mitigation Plan: Consultant will assemble the updated plan in an appropriate format to meet the requirements under 44 CFR 201.6. Consultant will assemble the Plan update in a format which is easily read and useable by the County and partner agencies. Consultant will be the principal author of the Plan update to ensure Disaster Mitigation Act (DMA) compliance. Key to this phase will be packaging a plan document that will adequately illustrate all of 44 CFR Section 201.6 requirements. Task 6 A: Author the updated plan text-Consultant will author a Draft Plan update in a method that meets DMA compliance. Task 6 B: Technical Edit/Format-Consultant will compete a technical review and edit of the final draft plan that will be presented to the public for their review and comment as well as provided to FEMA for pre-adoption review and approval. Task 6C: Consultant will complete the necessary FEMA Crosswalk prior to submission, and facilitate the transmission of the plan to the State and FEMA. Any changing required as a result of the state and FEMA review will be incorporated as appropriate. Upon approval from FEMA, DEM Director will facilitate the adoption of the plan by the County. Each planning partner will then facilitate adoption by their agency, forwarding a copy of the Resolution to the DEM Coordinator for forwarding to the State and FEMA. 16 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated $80,750 for completion of the work detailed in Exhibit A Scope of Services. B. Requests for Payment: 1. CONTRACTOR can submit monthly or quarterly invoices. 2. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; compensation due by percentage of task completed during billing period; invoice total; and any additional applicable information. 3. Invoices will be based on the percentage of each task completed during each billing period. 4. Submit via e-mail or hard copy as preferred to: Tammi Wright, Sr. EM Coordinator Mason County 100 W. Public Works Dr. Shelton, WA 98584 Phone: 360-427-9670 Ext. 800 E-mail: tammiw@masoncountywa.gov 4. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice C. Progress Reports: A progress report that summarizing activities completed by task during the billing period must be submitted with each invoice. D. Procurement and Allowable Expenses: Procurement and allowed expenses must align with Federal Emergency Management Agency, Washington State Military Department and Mason County policies, guidelines and requirements. 17 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 0001, 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 $1,000,000 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. CONTRACTOR is responsible for maintaining Business Auto Coverage at a level adequate for CONTRACT's purpose. 4. 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 $1,000,000 per claim and in the 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. 5. 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. 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. 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 CG 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 18 condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 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-:VII. 19 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement 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. 15. 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 agreement. 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. 20 EXHIBIT D MINIMUM FEDERAL PROVISIONS Mason County "COUNTY", as a CONTRACTOR or Grantee with a federal entity, is entering into this CONTRACT with a sub-CONTRACTOR or sub-recipient. "Sub-CONTRACTOR/Sub-recipient" is defined as an entity and/or individual, including all employees, who has entered into a contract or Contract with a CONTRACTOR/Grantee receiving federal funds for the purposes of this Contract. The information contained in this attachment is not intended to substitute federal guidance, or interpret federal law. It is intended to be used as a tool for the Sub- CONTRACTORs/Sub-recipients. It is the CONTRACTOR's/Grantee's or Sub- CONTRACTOR's/Sub-recipient's responsibility to ensure compliance with the most up-to-date applicable federal laws, rules and regulations in order to carry out the terms and conditions of this Contract 1. Cost Principles. By accepting Federal assistance, the CONTRACTOR/Grantee and/or Sub-CONTRACTORs/Sub-recipients agrees to abide by the applicable Office of Management and Budget (OMB) Circulars including, but not limited to federal regulation 2 CFR Part 200 sections A-F as well as appendixes, revisions and additional sections as supplemented by the funding agency in the expenditure of federal funds and performance under this program. 2. Audit Requirements. Non-federal entities that expend $750,000 or more federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996. Recipients expending less than $750,000 in a year are exempt from federal audit requirements but must make records available for review or audit by federal agencies and/or the COUNTY. 3. Executive Compensation. CONTRACTORs/Grantees as well as Sub- CONTRACTORs/Sub-recipients must report the names and total compensation of each of the CONTRACTOR/Grantee's and/or Sub-CONTRACTOR's/Sub-recipient's five most highly compensated executives for the CONTRACTOR/Grantee's and/or Sub- CONTRACTORs/Sub-recipients preceding completed fiscal year if: In the CONTRACTOR/Grantee's and/or Sub-CONTRACTOR's/Sub-recipient's fiscal year, the CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient received- i.) 80 percent or more of its annual gross revenues from federal procurement contracts (and sub-contracts) and federal financial assistance subject to the Transparency Act (and sub-awards); and ii.) $25,000,000 or more in annual gross revenues from federal procurement contracts (and sub-contracts) and federal financial assistance subject to the Transparency Act, (and sub-awards); and iii.) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a) 78o(d)) or section 6104 of the Internal Revenue Code of 1986. Refer to complete instructions for reporting, exemptions and definitions as contained in federal regulation 2 CFR 170 21 4. Trafficking in Persons. CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub- recipient are prohibited from trafficking in persons as detailed in federal regulation 2 CFR- Grants and Contracts. 5. Eligible Workers. Sub-CONTRACTOR/Sub-recipient shall ensure that all employees complete federal form 1-9 "Employment Eligibility Verification" to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324a). Sub- CONTRACTOR/Sub-recipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any subsequent sub- award under this Contract. 6. DUNS and FAIN Requirements. Federal Award Identification Number (FAIN) must be included on any sub-award documents issued by CONTRACTOR/Grantee and/or Sub- CONTRACTOR/Sub-recipient. Sub-CONTRACTOR/Sub-recipient may not make a sub-award to any entity unless the entity has provided its Dun and Bradstreet Data Universal Numbering System (DUNS) number to the COUNTY. 7. Debarment and Suspension. Sub-CONTRACTOR/Sub-recipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. Sub- CONTRACTOR/Sub-recipient shall immediately inform the Federal funding agency and the COUNTY if they or any of its principals become excluded, debarred, or suspended from entering into covered transactions with the federal government. Additionally, should Sub- CONTRACTOR/Sub-recipient or any of its principles receive a transmittal letter or other official federal notice of debarment or suspension they shall notify the Federal funding agency and the COUNTY without undue delay. This applies whether the exclusion, debarment or suspension is voluntary or involuntary. CONTRACTORs/Grantees and/or Sub-CONTRACTORs/Sub-recipients are prohibited from contracting with or making sub-awards .under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative Contract) that are expected to equal or exceed $25,000 for a grant or $30,000 for a contract or meet certain other specified criteria. All non-procurement transactions (i.e., sub-awards), irrespective of award amount, are considered covered transactions. When a CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient enters into a covered transaction with an entity at a lower tier, the CONTRACTOR/Grantee and/or Sub- CONTRACTOR/Sub-recipient must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the System for Awards Management (SAM) at https://www.sam.gov, collecting a certification from the entity or adding a clause or condition to the covered transaction. 8. Non-Discrimination. During the performance of activities under this Contract, the Sub- CONTRACTOR/Sub-recipient shall comply with all federal, state and local non- discrimination laws, regulation and policies. In the event of the Sub-CONTRACTOR's/Sub- recipient's non-compliance or refusal to comply with any non-discrimination law, regulation or policy, this Contract may be rescinded, cancelled or terminated in whole or in part, and the Sub-CONTRACTOR/Sub-recipient may be declared ineligible for further Contracts with the COUNTY. Refer to funding agency for specific language required. To file a complaint of discrimination the Civil Rights office of the Federal funding agency should be contacted for documents and instructions. 22 9. Lobbying. Sub-CONTRACTOR/Sub-recipient shall not use funds from this Contract to pay any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any cooperative Contract; and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative Contract. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Contract, the Sub-CONTRACTOR/Sub-recipient shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient shall include the above language in documents for all sub-awards under this Contract at all tiers. 10. Other Grant Specific Requirements. For further information related to federal requirements that may apply to CONTRACTOR/Grantee and applicable Sub- CONTRACTORs/Sub-recipients under this Contract, go to: http://www.whitehouse.gov/omb/grants 23 Exhibit E GRANT AGREEMENT #D23-005 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 3, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.8 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) Application Background/Executive Summary: Public Works received an advisory board application from Blair Schirman who would represent Commissioner District no. 3 – Shelton Urban Growth Area (UGA) or City for a two-year term. TIP-CAP is comprised of nine voting positions. Below are current members, terms, and vacancies: Member Representing Term 1 Phillip Wolff Commissioner District 1 – Rural 8/30/22 – 8/30/24 2 Tim Lincoln Commissioner District 1 – Rural 8/30/22 – 8/30/25 3 Vacant Commissioner District 1 – Belfair or Allyn UGA 4 Amy Asher Commissioner District 2 – Rural 3/1/22 – 3/1/24 5 Vacant Commissioner District 2 – Rural 6 Vacant Commissioner District 2 – Hoodsport or Union RACs 7 Don Pogreba Commissioner District 3 – Rural 8/30/22 – 8/30/25 8 Vacant Commissioner District 3 – Rural 9 Vacant Commissioner District 3 – Shelton UGA or City Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): Public Works continues to seek citizen volunteers to serve on TIP-CAP. A news release was published on March 1, 2022 and July 19, 2022. Mason County Agenda Request Form Requested Action: Approval to appoint Blair Schirman to the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) to represent Commissioner District 3 – Shelton UGA or City for a two-year term ending November 8, 2024. Attachments: Application MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Mason Cow11y Commissioners Fax 360-427-8437; Voice 360-427-9670, Ext. 419,'. 275-4467 or482-5269 I AM SEEKING APPOINTMENT TO TIP CAP ADVISORY BOARD -------------------------- NAME: BLAIR A SCHIRMAN ADDRESS, 723 N. 5TH ST I PHONE: 406.480.2750 CITY/ZIP: \/OTING PRECIN CT: WORK PHONE : BASCHIRMAN@GMAIL.COM 98584 3 (OR AREA IN iHE COUNTY YOUUVEJ E-MAIL: COMMUNITY SERVICE EMP LOYMENT: {IF RETIRED. PREVIOUS EXPERIENCE). Jf.CTIVITIES ORMEMBERSHIPS) A XE MEN WRESTLING COMPANY: CROSSROADS HOUSING 3 YRS COMMUNITY HOMELESS TASKFORCE POSITION: MAINTENANCE MANAGER COMPAN Y: FLIPPIN AWESOME 3 YRS POSITION: GENERAL CONTRACTOR In your words, what do you perceive is the .r.ole or purpose of the Board, Committee or Council for whi.ch you are applying: TO GIVE COMMUNITY PERSPECTIVE ON PURPOSED TRAFFICE PROJECTS AND ASSIST IN PRIORITIZATION What interests, skills do you wish to offer the Board. Committee, or Council? WHILE LIVING IN MICHIGAN FROM 2004-2008 I WORKED FOR THE LARGEST RO.A.D CONSTRI ICTION CORPORATION IN THE REAGION. MY PRIMARY DUTIES WERE ROADWAY PROJECTS THAT REQUIRED 1-ll=A\N I=()( IIPI\Al=NT nPl=RATinN� ANn TRAl=l=lr. �Al=l=TY 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) · N/A 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 BLAIR A SCHIRMAN Signature 9/21/22 Date Daily . ···:}l�r{fFprit�' : ;:;;:,; .�. : ;��poin@�1itBai�> J,. '.i\.:: ' Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren for Mark Neary Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.9 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of the resolution amending County Code for Departments Reporting to the Commissioners Background/Executive Summary: County Code needs to be amended to reflect the current organizational structure under the County Commissioners as follows: Mason County Code Chapter 2.02.010 Departments established. The following departments are established and report to the County Administrator who serves at the pleasure of the Board: 1.Community Development Department which includes Building, Planning, and Fire Marshal; 2.Human Resources Department which includes Board of Equalization, Civil Services, and Risk Management; 3.Public Health and Human Services Department which includes Community Health, Human Services, Environmental Health, and Vital Records; 4.Support Services Department which includes Budget Manager, Central Services, Emergency Management, Facilities and Grounds, Information Technology, LEOFF 1, Parks and Trails, and Motor Pool; 5.Public Works Department which includes Utilities and Waste Management; 6. Office of Public Defense; and 7. Washington State University (WSU) Extension Office. In 1978 the Mason County Parks and Recreation Department was established by adoption of Resolution 823, Mason County Code Chapter 2.48. This chapter is obsolete and needs to be removed. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Mason County Agenda Request Form Requested Action: Approval of the resolution amending County Code for Departments Reporting to the Commissioners. Attachments: Resolution RESOLUTION NO. __________ AMENDING RESOLUTION NO. 2020-19 AND CHAPTER 2.02, MASON COUNTY CODE, DEPARTMENTS REPORTING TO THE BOARD OF MASON COUNTY COMMISSIONERS WHEREAS, RCW 36.16.070 states that “In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation s …”; and, WHEREAS, the County Administrator position was filled in 2021 and serves at the pleasure of the Board of Mason County Commissioners; and, WHEREAS, the Community Services Department, Human Resources Department, Support Services Department, Public Works Department, Office of Public Defense, and the Washington State University (WSU) Extension Office report to the County Administrator; and, WHEREAS, the scope and body of work have changed in the Community Services Department, necessitating a reorganization into two departments: Department of Public Health and Human Services and the Department of Community Development; and, WHEREAS, in 1978 the Mason County Parks and Recreation Department was established by adoption of Resolution 823, Mason County Code Chapter 2.48. This chapter is obsolete and needs to be removed; and, NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Mason County to delete Chapter 2.48 and amend Chapter 2.02.010 of the Mason County Code in its entirety to read as follows: 2.02.010 Departments established. The following departments are established and report to the County Administrator who serves at the pleasure of the Board: 1. Community Development Department which includes Building, Planning and Fire Marshal; 2. Human Resources Department which includes Board of Equalization, Civil Services and Risk Management; 3. Public Health and Human Services Department which includes Community Health, Human Services, Environmental Health, and Vital Records; 4. Support Services Department which includes Budget Manager, Central Services, Emergency Management, Facilities and Grounds, Information Technology, LEOFF 1, Parks and Trails, and Motor Pool; 5. Public Works Department which includes Utilities and Waste Management; 6. Office of Public Defense; 7. Washington State University Extension Office. DATED this 8th day of November, 2022. ATTEST: __________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _________________________________ Tim Whitehead Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _____________________________ Kevin Shutty, Chair ____________________________ Sharon Trask, Vice-Chair _____________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.10 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Evergreen Estates Water Main Extension Project Background/Executive Summary: Mason County is awarded a CDBG General Purpose Grant for the Evergreen Estates Water Main Extension. The project will result in compliance with drinking water standards and increased levels of service. Major components of the project include installation of water main, service line and meter connecting the mobile home park to the City of Shelton water system. The project will provide an area benefit to the Mason County service area consisting of approximately 2,015 persons with 1,080 having low- and moderate-incomes based on 2019 HUD LMI Block Group Data. The project will accomplish HUD’s outcome of increasing the community’s availability and access to sustainable infrastructure systems to achieve HUD’s objective of creating suitable living environments. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): There was a significant amount of public outreach before submitting the grant application. Requested Action: Recommend the Board authorize the following for the CDBG General Purpose Grant for the Evergreen Estates Water Main Extension project: (1) Execute the grant contract; (2) Public Works to advertise, set bid date/time and award contract; (3) Public Works to procure engineering/architect consultant services for the project and enter into contract(s); and (4) County Engineer and/or the Chair to sign all pertinent documents for the grant and project. Attachments: Draft Face Sheet Scope of Work Face Sheet Contract Number: 22-62210-024 Washington State Department of Commerce Local Government Division Community Assistance and Research Unit CDBG General Purpose Grant 1. Grantee 2. Grantee Doing Business As (optional) Mason County PO BOX 429 Shelton,WA 98580-4292 N/A 3. Grantee Representative 4. COMMERCE Representative Loretta Swanson, Public Works Director (360) 427-9670 Ext 769 LorettaS@masoncountywa.gov Jacquie Andresen, Project Manager PO Box 42525/1011 Plum Street SE, Olympia, WA 98504 (360) 688-0822 | jacquie.andresen@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $551,764 Federal: State: Other: N/A: 08/08/2022 1/31/2027 9. Federal Funds $551,764 Federal Agency: U.S. Department of Housing and Urban Development (HUD) ALN (CFDA #): 14.228 Indirect Rate (if applicable): N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # On file SWV0001893-11 232002101 SNAXPBGW4VR4 14. Grant Purpose Evergreen Estates Water Main Extension - A full description of the project is in Attachment “A” Scope of Work and Budget. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and Attachments and have executed this Grant on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Grant are governed by this Grant and the following documents hereby incorporated by reference: Grantee Terms and Conditions including Attachment “A” – Scope of Work and Budget. FOR GRANTEE FOR COMMERCE Commissioner Kevin Shutty,Chair Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY Sandra Adix, Assistant Attorney General 09-02-2022 ver.10.14.21 ATTACHMENT A ‐ SCOPE OF WORK AND BUDGET   Grantee: Mason County | Contract No. 22‐62210‐024  Project Description / Deliverable  Mason County is awarded a CDBG General Purpose Grant for the Evergreen Estates Water Main Extension. The project will result  in compliance with drinking water standards and increased levels of service. Major components of the project include installation  of water main, service line and meter connecting the mobile home park to the City of Shelton water system.  The project will provide an area benefit to the Mason County service area consisting of approximately 2,015 persons with 1,080  having low‐ and moderate‐incomes based on 2019 HUD LMI Block Group Data. The project will accomplish HUD’s outcome of  increasing the community’s availability and access to sustainable infrastructure systems to achieve HUD’s objective of creating  suitable living environments. Project Budget  Budget Code & Description 03J Water Improvements  CDBG Funding $551,764  Project Activities and Milestones   Project Activities  Milestones   Execute grant contract with Commerce and establish administrative, financial, reporting and  record keeping systems.   Complete the environmental review in compliance with Federal related laws and authorities  listed at 24 CFR 58.5 and 58.6 and request CDBG release of funds.   Before first   payment request   Procure engineer/architect in compliance with state and CDBG requirements, including outreach  to MWBE and Section 3 local business participation; verify all parties do not have an active  exclusion record in SAM.gov and include required federal provisions in the contract.   Before incurring costs  for professional services    Prepare and submit payment requests with supporting documentation to Commerce.  Not more than monthly   As necessary, arrange an audit with the Washington State Auditor in accordance with the  Uniform Guidance, 2 CFR 200, Subpart F‐ Audit Requirements.  Annually   Prepare bid documents in consultation with CDBG project manager. Before construction bid  advertisement   Procure construction contract in compliance with state and CDBG requirements including  outreach to MWBE and Section 3 local businesses.    Verify contractor/subcontractors do not have an active exclusion record in SAM.gov and include  documentation in CDBG file.  Before award of   construction contract    Review certified payrolls and submit labor standards package. Before first construction  payment request    Regularly monitor engineering, weekly certified payrolls, and construction for compliance with  applicable federal and state regulations, and conduct progress meetings  Weekly during  construction   Meet the CDBG national objective of principally benefiting low‐ and moderate‐income persons. Before contract   end date  Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7 ,2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ Risk ☐ Information Technology (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.11 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ ITEM: Approval of the January 2022 – December 2025 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit. BUDGET IMPACTS: Supplemental – Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit have reached a tentative agreement with Mason County for the 2022- 2025 term. It is noted and commended to the Commissioner’s that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 2022 – December 2025 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 & Operating Engineers Local 302 representing Mason County Public Works Unit. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 1 COLLECTIVE BARGAINING AGREEMENT January 1, 2022 – December 31, 2025 BETWEEN TEAMSTERS UNION OPERATING ENGINEERS LOCAL NO. 252 and LOCAL 302 AND MASON COUNTY PUBLIC WORKS Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 2 TABLE OF CONTENTS PREAMBLE ................................................................................................................................... 5 ARTICLE 1 – DEFINITIONS .......................................................................................................... 5 ARTICLE 2 – RECOGNITION ........................................................................................................ 6 2.1 RECOGNITION .................................................................................................................... 6 2.2 NEW CLASSIFICATIONS ...................................................................................................... 6 ARTICLE 3 –UNION SECURITY ................................................................................................... 7 3.1 UNION REPRESENTATION ................................................................................................... 7 3.2 BARGAINING UNIT WORK ................................................................................................... 7 3.3 NONDISCRIMINATION – UNION ACTIVITY .............................................................................. 8 ARTICLE 4 – UNION / EMPLOYER RELATIONS ......................................................................... 8 4.1 UNION ACCESS ................................................................................................................. 8 4.2 FACILITY USE .................................................................................................................... 8 4.3 STEWARDS ........................................................................................................................ 8 4.4 ORIENTATION .................................................................................................................... 8 4.5 BULLETIN BOARDS ............................................................................................................ 9 4.6 CONTRACT DISTRIBUTION .................................................................................................. 9 4.7 NEGOTIATIONS RELEASE TIME ........................................................................................... 9 4.8 GRIEVANCE RELEASE TIME ................................................................................................ 9 4.9 UNION BUSINESS ............................................................................................................... 9 4.10 BARGAINING UNIT ROSTER ........................................................................................... 9 ARTICLE 5 – MANAGEME NT RIGHTS AND RESPONSIBILITIES .............................................. 9 ARTICLE 6 - NO STRIKE / NO LOCKOUT ................................................................................. 10 ARTICLE 7 – EMPLOYMENT ...................................................................................................... 10 7.1 PROBATIONARY PERIODS ................................................................................................ 10 7.2 TYPES OF EMPLOYMENT .................................................................................................. 11 ARTICLE 8 – HOURS OF WORK AND OVERTIME .................................................................... 12 8.1 WORKDAY/WORKWEEK ................................................................................................... 12 8.2 WORK SCHEDULES .......................................................................................................... 12 8.3 REST/MEAL BREAKS ....................................................................................................... 13 8.4 OVERTIME ....................................................................................................................... 13 ARTICLE 9 – EMPLOYMENT PRACTICES ................................................................................ 13 9.1 NONDISCRIMINATION ........................................................................................................ 13 9.2 JOB POSTING .................................................................................................................. 13 9.4 PERSONNEL FILE / POLICIES ............................................................................................ 14 9.5 EVALUATIONS ................................................................................................................. 15 9.6 DISCIPLINE / CORRECTIVE ACTION .................................................................................... 15 ARTICLE 10 – SENIORITY ......................................................................................................... 16 10.1 LAY-OFF & RECALL ................................................................................................... 16 10.2 BIDDING RIGHTS ......................................................................................................... 16 ARTICLE 11 – WAGES ............................................................................................................... 17 11.1 WAGE SCHEDULE. ...................................................................................................... 17 11.2 HIRE-IN RATES ........................................................................................................... 17 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 3 11.3 SHIFT DIFFERENTIAL................................................................................................... 16 ARTICLE 12 – OTHER COMPENSATION .................................................................................. 17 12.1 CALL-BACK PAY ........................................................................................................ 17 12.2 WORK IN A HIGHER CLASSIFICATION ........................................................................... 18 12.3 MILEAGE REIMBURSEMENT ......................................................................................... 18 12.4 LONGEVITY ................................................................................................................ 19 12.5 LEAD WORKER (DESIGNATED FOREMAN) .................................................................... 19 12.6 COMMERCIAL DRIVER’S LICENSE (CDL) ...................................................................... 19 12.7 CLOTHING .................................................................................................................. 19 12.8 SPECIALTY PAY(S) ..................................................................................................... 19 ARTICLE 13 - HOLIDAYS ........................................................................................................... 20 13.1 HOLIDAYS .................................................................................................................. 20 13.2 HOLIDAY OBSERVANCE .............................................................................................. 20 13.3 HOLIDAY COMPENSATION ........................................................................................... 20 ARTICLE 14 – VACATION .......................................................................................................... 20 14.1 VACATION ACCRUAL .................................................................................................. 20 14.2 VACATION SCHEDULING .............................................................................................. 21 14.3 VACATION PAY ........................................................................................................... 21 14.4 VACATION UPON TERMINATION ................................................................................... 21 ARTICLE 15 - SICK LEAVE ........................................................................................................ 22 15.1 SICK LEAVE ACCRUAL ................................................................................................ 21 15.2 SICK LEAVE USAGE .................................................................................................... 22 15.3 SHARED LEAVE .......................................................................................................... 22 15.5 FAMILY MEMBER ........................................................................................................ 23 15.6 SICK LEAVE CASH OUT .............................................................................................. 24 ARTICLE 16 – LEAVES OF ABSENCE ...................................................................................... 24 16.1 IN GENERAL ............................................................................................................... 24 16.2 JURY DUTY/COURT .................................................................................................... 24 16.3 MILITARY LEAVE ........................................................................................................ 24 16.4 BEREAVEMENT ........................................................................................................... 24 16.5 MAINTENANCE OF SENIORITY ...................................................................................... 24 16.6 LEAVE WITHOUT PAY ................................................................................................. 24 16.7 FAMILY LEAVE – FMLA .............................................................................................. 25 16.8 PAID FAMILY & MEDICAL LEAVE COMPLIANCE ............................................................. 25 ARTICLE 17 – HEALTH & WELFARE ........................................................................................ 25 17.1 HEALTH AND LIFE INSURANCE ..................................................................................... 25 17.2 RETIREMENT .............................................................................................................. 26 ARTICLE 18 – TRAININ G ........................................................................................................... 27 18.1 TRAINING ................................................................................................................... 27 18.2 TRAINING REIMBURSEMENT ........................................................................................ 27 ARTICLE 19– LABOR / MANAGEMENT COMMITTEES ............................................................ 27 19.1 PURPOSE OF COMMITTEE ........................................................................................... 27 19.2 COMPOSITION OF COMMITTEE ..................................................................................... 27 19.3 COMPENSATION ......................................................................................................... 27 19.4 LABOR/MANAGEMENT SCHEDULING COMMITTEE ......................................................... 27 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 4 ARTICLE 20 – HEALTH & SAFETY ............................................................................................ 28 20.1 SAFE WORKPLACE ..................................................................................................... 28 20.2 HEALTH & SAFETY PLAN ............................................................................................ 28 20.3 VEHICLE SAFETY ........................................................................................................ 28 ARTICLE 21 - GRIEVANCE PROCEDURE ................................................................................. 28 21.1 GRIEVANCE DEFINED .................................................................................................. 28 21.2 GRIEVANCE PROCEDURE ............................................................................................ 29 21.3 UNION/EMPLOYER GRIEVANCE .................................................................................... 30 21.4 SCHEDULE OF MEETINGS ............................................................................................ 30 ARTICLE 22 - GENERAL PROVISIONS ..................................................................................... 31 22.1 SAVINGS CLAUSE ....................................................................................................... 31 ARTICLE 23 – ENTIRE AGREEMENT ........................................................................................ 31 23.1 DURATION CLAUSE ..................................................................................................... 31 23.2 ENTIRE AGREEMENT ................................................................................................... 31 SIGNATURES ............................................................................................................................. 32 APPENDIX I - WAGES ................................................................................................................ 33 APPENDIX II – SHOP ASSISTANT ............................................................................................. 35 APPEDNIX III – DAILY WORK ASSIGNMENTS ......................................................................... 36 APPENDIX IV – DAILY WORK ASSIGNEMENT PROTOCOL .................................................... 37 APPENDIX V – TRAINING PROGRAM PROTOCOL ................................................................ 328 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 5 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the “County” or “Employer,” Operating Engineer's Local 302 and Teamsters Union Local No.252, hereinafter referred to as the “Council” or “Union,” do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. ARTICLE 1 – DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 Bargaining Unit (Council/Union) shall be Operating Engineers 302 and/or Teamsters Union Local No. 252. 1.2 Employer (County) shall mean the Board of Mason County Commissioners. 1.3 Employee shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 Executive, Administrative, and Professional Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.6 “Immediate family” shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic partner, grandparent, parent (biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee’s souse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), sibling, child (biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency), grandchild, in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Elected Official/Department Head or designee. 1.7 “Overtime” shall mean all Employer-required work which has been performed in excess of forty (40) hours per week, or eight (8), nine (9), or ten (10) hours per day, consistent with Article 8.4. 1.8 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. 1.9 Vacation shall mean a scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 6 1.10 A Day shall mean for the purpose of timelines associated with grievances, appeals and policy issues, shall mean a calendar day. 1.11 “Anniversary Day of Pay” shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1st or the 16th of the month, depending on the date of the anniversary day (e.g. if an employee’s anniversary date is on January 14, the pay increase will take effect January 1). ARTICLE 2 – RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that Operating Engineers Local 302 and Teamsters Union Local No. 252, Centralia, Washington, has the right to bargain for all full-time and regular part-time employees of the Mason County departments of Mason County Equipment Rental and Revolving Division of the Department of Public Works, excluding: supervisory employees, and confidential employees, under the conditions set forth in the Washington State Public Employee’s Collective Bargaining Act of 1967. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented or the classifications listed in Appendix I, the Union will be notified within ten (10) working days of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented or the classifications listed in Appendix I, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted / advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation or PERC ruling. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 7 ARTICLE 3 –UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit, or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees during the employees’ regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary, and only when an employee clearly and affirmatively consents to joining, the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disability or protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend, or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 BARGAINING UNIT WORK The County shall have the right to select its supervisory employees regardless of whether such employees are members of a Council affiliate Union. Supervisors will not perform bargaining unit work except in emergency situations, for the purpose of training or demonstration, or incidental assistance to a bargaining unit employee of short duration. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 8 3.3 NONDISCRIMINATION – UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as an Officer in the Union or serving on a Union committee. ARTICLE 4 – UNION / EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union’s authorized staff representatives shall have access to the Employer’s premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided however, that there is no serious or prolonged interruption of the Employer’s working schedule. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Officer shall use Employer’s equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer’s premises for meetings shall be limited to the hours of 5:00 pm to 8:00 am and 12:00 pm to 1:00 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards for the Bargaining Unit as a whole. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Steward shall inform his/her supervisor of the need to be away from his/her work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case, then the Department Head shall allow the Steward time to perform his/her Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards and Officers. With notice to the Employer, Stewards and/or the Officers shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. The duties of the Shop Steward shall be to create harmony between employees and the Employer, and there shall be no discrimination against the Shop Steward for his/her Union activities. 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify new hire of their shop steward. Per RCW 41.56.037, each new hire will receive a minimum of thirty (30) minutes within the first ninety (90) days from the date of hire, and will take place at the employee’s regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 9 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers’ premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. The Employer will make a copy of the Agreement available on the County Website. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, stewards provide notice to their and the grievant’s supervisor, which will be granted unless the steward, Officer or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such steward activities outside the employee’s work shift, without express pre-authorization by the steward’s Department Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Officer of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 21.4, stewards and/or the Officers shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Union or steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union the name and date of hire. ARTICLE 5 – MANAGEMENT RIGHTS AND RESPONSIBILITIES 5.1 The Council recognizes the County’s right to manage, subject only to the terms and conditions of this Agreement. Except as specifically abridged, granted, delegated or modified by this Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 10 Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Reduce staff or reduce working hours due to a lack of work or lack of funds. K. Take all actions necessary to carry out the mission of the County in emergencies. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. The Union recognizes the County's right to manage subject only to the terms and conditions of this Agreement. ARTICLE 6 - NO STRIKE / NO LOCKOUT 6.1 The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 7 – EMPLOYMENT 7.1 PROBATIONARY PERIODS All newly hired employees will serve an initial probationary period of six (6) months. A probationary period may be extended by the Employer with written notice to the employee and the Union. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for one (1) month of work, consistent with Article 7.3. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 11 7.2 TYPES OF EMPLOYMENT (NOTE: BENEFITS ELIGIBILITY MAY NEED REVISED PER ACA AND TEAMSTERS TRUST RULES) 7.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week. Regular Full- Time employees are eligible to receive the standard benefit package. 7.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1. 7.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment or project that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment or term of the temporary employment or upon twenty (20) calendar days’ notice from the Employer or thirty (30) calendar days’ notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position, will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated, but not guaranteed term. While a term of employment is anticipated, the assignment/project may be terminated at any time for any reason, with or without notice. 7.2.4 EXTRA HELP/ON-CALL EMPLOYEES: An on-call/extra help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 7.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty (1,040) accumulated hours in a twelve (12) month period. A seasonal employee is not eligible to receive the benefits package. The combined number of seasonal help employees shall not exceed eight (8). Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 12 ARTICLE 8 – HOURS OF WORK AND OVERTIME 8.1 WORKDAY/WORKWEEK The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period beginning Sunday at 12:00 am through Saturday 11:59 pm. The assignment of workdays and work schedules shall be determined by the Employer in order to meet business and customer service needs or in response to budgetary demands. 8.2 WORK SCHEDULES Where a single shift is worked, eight (8) hours of continuous employment, except for lunch periods, shall constitute a day's work; time to start when employee arrives at normally assigned shop in response to County’s orders. Five (5) days, 7:00 am Monday to 3:30 pm Friday, shall normally constitute a week's work. A guarantee of four (4) hours' pay shall be paid to any employee who reports to work on a work day, but not put to work. Changes in work schedule, may include changes in the schedule or total hours. Management shall reserve the right to modify the daily schedule of the Roads, Fleet and Sign Shop personnel to ensure coverage of County needs beyond those of the Road Department itself. In an emergency identified by the Public Works Director or designee, management may implement a 12-hour, two-shift operation (12:00pm to 12:00am and 12:00am to 12:00pm). When the County implements such two-shift 24-hour operation, all bargaining unit employees shall be compensated at the double-time rate of pay for all overtime hours. Employees will be given as much notice as possible to adjust to the change in hours going into and coming out of the revised work hours. Employees working their normal schedule during the term of an emergency will not be paid the double-time rate for overtime hours while working their regularly scheduled hours. However, subject to supervisory approval, employees may flex their schedule to avoid the necessity of using vacation accruals when transitioning into work status and coming out of revised work hours and returning to their normal schedule. This section shall supersede any other potential conflicting language in this Agreement. Bargaining Note: Comp time can be earned at their double time rate via the above language and in that case would be available to cover hours needed when coming out of revised hours and returning to their normal schedule. This would avoid the necessity of using vacation accruals. Scenarios discussed. An earlier starting time than listed above may be adopted for any or all employees during the months of daylight saving's time. Such earlier starting time shall be mutually agreeable among the County, the employee(s) and the Council, and shall be paid at the regular rate of eight (8) hours of continuous work. It is understood by the parties' signatory to this Agreement by and between Mason County and Engineers Local 302 and Teamsters Local No. 252, that effective immediately, the items listed below are negotiated changes in Road and ER&R Maintenance Work Schedules from the present five 8- hour work-days to four 10-hour work-days: Working Hours Road Maintenance Personnel: - Monday through Friday Last full week of March through the first full week of April: 6:30 am – 5:00 pm Second full week of April through the first full week of September: 6:00 am – 4:30 pm Second full week of September through the last full week of September: 6:30 am - 4:30 pm Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 13 Working Hours ER&R Personnel: - Monday through Friday 6:00 am – 4:30 pm Stewards and management will meet to discuss adjusting start times as needed. If the level of service in the areas of responsibility deteriorates, we will correct this by splitting the four day shifts to include one shift Monday through Thursday and the other shift Tuesday through Friday. 8.3 REST/MEAL BREAKS Employees shall receive a thirty (30) minute paid lunch after working more than two (2) hours' overtime, and an additional paid thirty (30) minute meal period for each additional four (4) hours of work. When employees are directed to work through their paid meal period(s), they shall have the option of taking their paid meal period(s) at the end of the shift or adding the equivalent amount of paid time to their time sheet. Normally, employees will be entitled to two (2), fifteen (15) minute paid rest breaks during the regular work-day; one approximately midpoint through the first half of the work-day, and one approximately midpoint in the second half of the work-day. However, when operational needs of the County require a change to the norm and if the nature of the work allows an employee to take intermittent rest breaks from duty, management may require that such employee(s) take intermittent rest periods equivalent to the fifteen (15) minutes, as provided for in WAC 296-126- 092. 8.4 OVERTIME All time worked over eight (8) hours, or their regularly scheduled nine (9) or ten (10) hours in any one (1) day, shall be paid for at the rate of time and one-half. All work performed between 3:30/4:30 pm Friday and 11:59pmSaturday shall be paid for at a rate of time and one-half. All work performed between 12:00am Sunday and 11:59pm Sunday shall be paid for at the double-time rate. All work performed between 12:00am Monday and 6:00 am Monday shall be paid for at the rate of time and one-half. Overtime shall be paid to the nearest quarter hour. The maximum hours worked shall not exceed sixteen (16) continuous hours, unless approved by the County Engineer or the Public Works Director. All scheduled weekend overtime work will be offered to regular employees before being offered to Seasonal Help. ARTICLE 9 – EMPLOYMENT PRACTICES 9.1 NONDISCRIMINATION Mindful of their legal and moral obligations, the parties agree that in their service to the public they will provide equal treatment and respect for all including the public, as well as the parties to this Agreement. The Employer and the Union agree that they will not discriminate against any employee by reason of race, color, creed, national origin, physical handicaps, physical characteristics, sexual orientation, sex, age, place of residence and marital, family or Union affiliation status as long as the employee is capable of meeting the job requirements. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 9.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted for one (1) week for bidding purposes by the Human Resources Department. The posting shall indicate the Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 14 salary range for the position, the required or preferred minimum qualifications and/or experience and the application process. Union positions will be identified as such. Employees interested in the position must apply for the posted position within the one (1) week posting period in order to be considered. For employees to be considered they must meet the minimum qualifications of the job description. 9.3 PROMOTIONS Promotions, Transfers and Demotions defined - As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Employees who promote, transfer or voluntarily demote to another job classification shall serve a one (1) month trial service period in their new position. Employees may elect to revert to their previous job classification and position within ninety (90) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled (i.e. an offer of employment has not been extended). If the position was abolished or filled, such employee will be laid off and eligible for recall in accordance with Article 10, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). 9.4 PERSONNEL FILE / POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee’s Elected Official/Department Head or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer’s failure to abide by this Article pertaining to personnel file access shall not affect the Employer’s ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 15 Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations.) Medical files shall be kept separate and confidential in accordance with state and federal law. 9.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee’s accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 9.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually (at date of hire or a common date) thereafter. 9.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action – disciplinary action must be specifically identified as such, in writing, consistent with Article 9.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee’s personnel file. 9.6 DISCIPLINE / CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings – which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 16 admission of guilt or concurrence with the discipline, but rather shall be an acknowledgement of receipt. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. ARTICLE 10 – SENIORITY 10.1 LAY-OFF & RECALL The principle of seniority shall be used in connection with layoff for lack of work and rehire upon resumption of work. The last person hired will be the first person laid off and the last person laid off will be the first person rehired. Persons being laid off and/or rehired under this provision must be qualified to perform the work available in order to exercise their seniority. Laid off employees will retain seniority rights for eighteen (18) months from date of layoff; all Seasonal employees will be laid-off before the lay-off of any regular employee. Seniority shall be lost if the employee does not return to work when offered their previous position. Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. Seniority shall also apply to promotion, demotion and transfer from one classification to another, providing the person exercising his/her seniority is competent and capable of performing the work. Seasonal employees will only have seniority rights for available work within their classification and within that season; a Seasonal worker re-hired for a new season will be considered a new employee. 10.2 BIDDING RIGHTS 10.2.1 All job vacancies (or newly created positions) under this Agreement shall be posted for one (1) week for bidding purposes. In the case of filling skilled vacancies, the COUNTY Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 17 will give consideration to employees who become qualified by vocational training. 10.2.2 Daily assignment of equipment will be subject to review under the grievance procedure. 10.2.3 Seniority (for the limited purposes of bidding or layoff protection) may be changed under the following circumstances: 1) If an employee terminates County employment and subsequently returns to County employment in this bargaining unit, all past seniority will be lost. 2) If an employee leaves a bargaining unit position and, without a break in employment, takes another position in County service, then subsequently returns to a bargaining unit position, the employee shall keep their prior bargaining unit seniority. The employee will not receive bargaining unit seniority credit for time in a non-bargaining unit position. 3) If an employee is promoted, transfers or demotes from a Teamster position within the bargaining unit to an Operator position, or an Operator position to a Teamster position, and subsequently returns to a position under their prior Union the following will apply: a) For the purpose of layoff protection, all time counts. b) For the purpose of bidding, if the employee returns within six (6) months, all time counts; if the employee returns after six (6) months, only their prior time counts. ARTICLE 11 – WAGES 11.1 WAGE SCHEDULE. Effective June 1, 2022 through December 31, 2025, each employee shall have his/her base wage as set forth in Appendix I: INCREASE 6/1/2022 1.75% 1/1/2023 2.00% 1/1/2024 1.75% 1/1/2025 1.75% Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion) for purposes of vacation leave, sick leave, and retirement. The COUNTY shall provide a check stub, which shall reflect straight-time, overtime, and premium pay. The COUNTY shall also provide an accrual slip showing vacation, sick leave, and floating holiday hours earned/used. 11.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 at the appropriate salary classification (see Appendix I - W ages), or placed consistent with current personnel rules. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 18 11.3 SHIFT DIFFERENTIAL Shift differential is not applicable to this bargaining unit. ARTICLE 12 – OTHER COMPENSATION 12.1 CALL-BACK PAY When an employee is called out before his/her regular designated starting time, or after completion of a shift, or on a Saturday, Sunday or holiday, he/she shall be paid a minimum of four (4) hours at the appropriate rate unless the employee chooses to leave work of their own volition then the minimum shall be two (2) hours. When called adjacent to shift, payment is for time worked. Except, if an employee is called out less than four (4) hours before the start of his/her regular shift, the employee will be paid to the regular start time. When an employee is called to work before their regular starting time and continues to work into their regularly scheduled start time, the employee will be allowed to remain at work until their regular quitting time. If a call-out is required on a scheduled day off (Friday or Monday), it will be treated in the same manner as any Saturday call-out. The following process will be used for call-out of Main Shop and Belfair Shop road crew members respectively (this process does not apply to overtime that is scheduled or overtime that results from tasks that need to be extended beyond the regular shift): 1. The manager or supervisor will assess the need for resources to deal with an emergency. 2. The manager or supervisor will call-out a crew member based on the following selection criteria: a. Qualified for needed work b. Special factors c. Ability to respond in a timely manner d. Seniority 3. The manager or supervisor will keep a record of the situation evaluation and the decision basis for call-out. That record will reflect the contacts or contact attempts made and the results. A sample record is as follows: a. Date, time, location of emergency b. Emergency description c. Call-out needs d. Crew member and date/time called e. Result of call (will report, left message, refused) f. Special factors 12.2 WORK IN A HIGHER CLASSIFICATION Employees performing work in a higher paid classification shall receive the higher wage rate beginning with their third (3rd) assignment to such higher rated work within a year's period; or shall receive the higher wage rate beginning with the third (3rd) day of performance on the higher rated work. After once qualifying for the higher wage rate on higher classified work, employees shall continue to receive the higher rate whenever performing such work in the future. Employees performing work in a higher paid classification shall receive the higher wage rate for the entire day. 12.3 MILEAGE REIMBURSEMENT Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 19 All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current IRS Rate for all miles driven on such business. 12.4 LONGEVITY The County shall provide additional monthly compensation above each eligible regular full-time employee’s base salary (or base hourly rate, if applicable) to recognize continuous length of service as a County employee. Eligible regular part-time employees shall receive longevity pro-rated in proportion to the hours the part-time employee is in pay status during the month as compared to that required of full-time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11th and continuing thru 15th year 1.5% above base Beginning in 16th and continuing thru 20th year 3.0% above base Beginning in 21st and continuing thru 25th year 4.5% above base Beginning in 26th year and continuing thereafter 6.0% above base 12.5 LEAD WORKER (DESIGNATED FOREMAN) The County may designate an employee as a Lead Worker / Foreman; such designation is not considered to be a “job vacancy” or “newly created position” as referenced in Article 10 – SENIORITY, Section 2. Employees who are assigned to act as working Lead/Foreman shall receive an additional two dollars ($2.00) per hour for the entire day. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker/Foreman will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. This job classification is used at the discretion of management. 12.6 COMMERCIAL DRIVER’S LICENSE (CDL) When a CDL is required as a job classification prerequisite, the employee shall obtain and maintain such license. The employer shall reimburse the employee for the cost of the CDL endorsement renewal minus the cost of the driver’s license renewal, any other endorsements not required by the employer for the performance of the job, and any cost/fees incurred as a result of improper driver acts. The Employer shall also provide a reimbursement to the employee for the required CDL physician’s exam. Supervisor’s signature on the personal reimbursement form, signifies the supervisor has verified the renewed medical credentials. 12.7 CLOTHING Effective January 1, 2023, the County shall provide an annual clothing allowance to each bargaining unit employee in the amount of two hundred dollars ($200), payable by the second payday in January. 12.8 SPECIALTY PAY(S) Herbicide Applicator Technician: Employees with appropriate license and/or certification who are assigned to herbicide application duties shall receive an additional $1.00 per hour for all hours worked on any given day. Tool Allowance for Mechanics: The County shall provide an annual tool allowance of Four Hundred fifty Dollars ($450) for each Mechanic, payable by the second payday in January. This allowance is to cover the cost of the purchase of new tools or the replacement cost of tools rendered Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 20 unusable due to breakage, wear-and-tear, and/or loss. Bargaining Note: The intent of deleting tree removal language from the CBA is that the employer is not planning to require bargaining unit employees to remove hazardous trees. The individual employee makes the determination as to such work based on the circumstances whether the tree will be removed or not. ARTICLE 13 - HOLIDAYS 13.1 HOLIDAYS New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents’ Day Thanksgiving Day Memorial Day Day After Thanksgiving* July Fourth Christmas Eve Day Juneteenth Christmas Day Two (2) Floating Holidays * For employees on 4-10’s (Monday through Thursday), the ‘Day after Thanksgiving’ holiday shall be observed on Wednesday, the day before Thanksgiving. 13.2 HOLIDAY OBSERVANCE When a recognized holiday falls on Saturday, the work day preceding shall be considered the holiday. When a recognized holiday falls on Sunday, the following work day will be considered a holiday. If any of the above holidays, or days celebrated in lieu of, is worked, the employee shall receive pay at the double time rate plus holiday pay. Christmas Eve Day may be taken off based on the operational needs of the County and Public Works, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor’s approval. 13.3 HOLIDAY COMPENSATION Effective upon ratification of this Agreement, holiday pay for each holiday will be commensurate with an employee’s (daily) normal weekly work schedule (i.e., 4-10 schedule is 10 hours’ holiday pay; 5- 8 schedule is 8 hours’ holiday pay, 9-80 schedule is 9 hours’ pay). Employees must use their floating holiday(s) on or before December 15. ARTICLE 14 – VACATION 14.1 VACATION ACCRUAL All regular and Temporary full-time employees of the COUNTY coming under this Agreement shall be entitled to and receive vacations with pay as follows: 1st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first (1st) and the fifteenth (15th) of the month. The Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 21 first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Regular and Temporary full-time employees shall accumulate 1/12th of their yearly accumulation total per month. Such vacation as is not used shall accumulate, except that such accumulation may not exceed four hundred (400) hours. No additional vacation leave will be accrued or added to an employee’s vacation leave benefit when the maximum accrual has been attained. Vacation leave will be charged by the actual number of hours taken. Regular and Temporary full-time employees must work or be in a paid status at least eighty (80) hours in a month in order to accrue vacation leave for the month. Whereas, the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 14.2 VACATION SCHEDULING An employee’s request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a Department or division thereof from providing efficient public service and minimum staffing is met. Seniority shall be applied to all vacation requests. Vacation leave approval will be on the basis of meeting the workload requirements of the Mason County service schedule where the employee is employed. All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5) or more consecutive vacation leave days he/she must submit a leave request at least fifteen (15) calendar days in advance of the time off requested. Failure to request leave at least fifteen (15) calendar days in advance may be cause for the denial of the requested leave. The Employer will respond to leave requests within ten (10) calendar days of receipt; except that leave requests submitted more than sixty (60) calendar days in advance of the time off requested shall be considered on a case-by-case basis. When a holiday occurs during an employee's approved vacation leave, the day on which the holiday occurs will be charged as holiday leave rather than vacation leave. The Union and the Employer recognizes the importance of employees utilizing earned Vacation leave to promote and enhance their mental and physical well-being, employees shall attempt to use Vacation leave during the year in which it is earned. 14.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee’s vacation period, that day will be paid as a holiday and not deducted from the employee’s vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. Employees shall have the option of using comp time or vacation leave for approved paid time off. 14.4 VACATION UPON TERMINATION 14.4.1 Leave Cash-out Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 22 Cash payments as a bonus for accrued annual leave that is not actually taken will not be allowed. However, when an employee is furloughed or separated from service without prejudice, he/she may be continued on the payroll for the time equivalent to the amount of annual leave accrued and not previously taken. This provision does not apply to accrued sick leave. When the employee is discharged for cause, he/she shall be paid in full of all accrued annual leave. 14.4.2 Where an employee of the COUNTY continues employment, but in a changed classification, no compensation for accrued annual leave earned during his/her employment in the first classification will be paid in addition to the salary he/she received under their new classification. The number of days earned may be carried over and added to the number of days the individual will accumulate in his/her new classification. 14.4.3 The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. ARTICLE 15 - SICK LEAVE 15.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be earned for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours, at a rate of eight (8) hours per month for each calendar month of continuous employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 15.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 15.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty (30) days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty (30) days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 23 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04. 15.4 COORDINATION - WORKER’S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker’s Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee’s total accrued sick leave shall be the hourly equivalent of the Employer’s payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary, unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and should he/she also receive sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave, minus the number of hours at full salary for which he/she is paid from a worker's compensation fund, to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave, provided that the employee shall return any subsequent overpayment to the County. e. Should any employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, vacation leave may be substituted for "sick" leave above. h. Time missed from work that is due to worker's compensation claims will be considered as time worked for employee's paid health and welfare and vacation purposes for a maximum of twelve (12) months. 15.5 FAMILY MEMBER Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 24 Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1.6. 15.6 SICK LEAVE CASH OUT Employees hired before January 1, 2017, shall receive payment for accrued sick leave upon termination of employment with fifteen (15) years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. For employees hired on or after January 1, 2017, neither they nor their estate shall be eligible to receive any cash out of the employee’s accrued sick leave upon separation from county service. ARTICLE 16 – LEAVES OF ABSENCE 16.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no “negative” leave use during the period in which it is earned). 16.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 16.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all rights and privileges provided by the ACT. 16.4 BEREAVEMENT Up to three (3) days of paid bereavement leave may be granted in case of death in the immediate family requiring the attendance of the employee (funerals are included). Two (2) additional days sick leave may be granted at the employee's request. It is agreed that "immediate family" for purposes of bereavement leave includes only the following persons, whether related by blood or marriage or legal adoption: wife, husband, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law, father- in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of the employee. Seasonal employees are not eligible for this benefit. 16.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee’s anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee’s anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 16.6 LEAVE WITHOUT PAY Any absence from duty allowed for which equivalent leave has not been accrued shall be considered Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 25 as leave without pay and must be preapproved by Director or Designee. The value of the excess over the amount accrued deducted from the earnings of the employee and clearly set forth in the payrolls affected. 16.7 FAMILY LEAVE – FMLA The County and the Council mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County’s Human Resource Department for guidance 16.8 PAID FAMILY & MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04 16.8 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE The County and the Union mutually agree to comply with all Long-term Services and Supports Trust Program laws, per RCW 50B.04, and future amendments to the statute. ARTICLE 17 – HEALTH & WELFARE 17.1 HEALTH AND LIFE INSURANCE The County shall contribute as identified below per employee, per month toward the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes vacation, sick, comp time payout upon separation) or more per month. This contribution is to be applied to premiums for the Washington Teamsters Welfare Trust Medical Plan B (including the $400 Weekly Time Loss and 12-month Waiver of Premium options) and current County dental, vision, and life insurance plans. The Trust reserves the right to modify benefits or eligibility for the purpose of cost containment, cost management, or changes. The County contribution for Health & Welfare Insurance shall be: A. Effective January 1, 2022 the contribution shall be increased to one thousand four hundred and fourteen dollars ($1414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2023 the contribution shall be increased to one thousand four hundred sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2024 the contribution shall be increased to one thousand five hundred and eighteen dollars ($1518) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. D. Effective January 1, 2025 the contribution shall be increased to one thousand five hundred and seventy-eight dollars ($1578) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. In the event the County’s maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums referenced above, the priority order for full County payment shall be as follows: Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 26 (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. The County agrees to contract with a medical service provider to conduct physical examinations required to maintain a Commercial Driver’s License. Should an employee elect to use a medical care provider other than that contracted with the County, the employee is liable for any costs. In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program: The County shall continue to provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 17.2 RETIREMENT The COUNTY shall continue to participate in the appropriate Public Employees' Retirement System. Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. Western Conference of Teamster Pension Trust Fund: The County shall continue to contribute into the supplemental Teamsters pension plan: Effective January 1, 2008, based on January 2008 hours, the County shall pay an amount equal to Two Dollars and fifty cents ($2.50) per hour ($2.35 Basic contribution, plus $.15 PEER 84) for each hour for which compensation is paid to him/her into the Western Conference of Teamsters Pension Trust Fund on account of each member of the Teamster bargaining unit, said amounts to be computed monthly. The total amount due for each calendar month shall be remitted in a lump sum not later than ten (10) days after the last business day of such month. The County agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts, the accurate reporting and recording of such hours and such amounts paid on account of each member of the Teamster bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed successors. The contribution required to provide the Program for Enhanced Early Retirement (PEER) will not be taken into consideration for benefit accrual purposes under the Plan. The additional contribution for the PEER 84 must at all times be 6.5% of the basic contribution and cannot be decreased or discontinued at any time. Option to divert up to twenty-five cents ($0.25) per hour from base wage schedule to pension beginning January 1, 2025 is under consideration. Operating Engineers/Employers Retirement Fund: The County shall continue to contribute into the Operating Engineers supplemental pension plan: Effective January 1, 2008, based on January 2008 hours, the County shall contribute Two Dollars ($2.00) for each compensable man-hour of Operating Engineers, including working Operating Engineer foremen covered by this Agreement, employed by the County in Operating Engineer bargaining unit work covered by the terms of this Agreement. Said contributions shall be computed monthly and made on or before the fifteenth (15th) day of the month following the month in which Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 27 the hours were worked, to the Locals 302 and 612 Operating Engineers/Employers Retirement Fund in the manner as set forth in the Trust Agreement of the said Trust Fund, and shall continue for the duration of this Collective Bargaining Agreement. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. The details of the Retirement Plan established by this Trust Fund shall continue to be controlled and administered by a joint Board of Trustees composed of equal representation from the Unions and the AGC of Washington who are the signatory to the Trust Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union shall be a member of the appointing Local and each Trustee appointed by the Employers shall be a member of an affiliated firm of the AGC of Washington or a regular paid employee of the AGC of Washington. Option to divert up to twenty-five cents ($0.25) per hour from base wage schedule to pension beginning January 1, 2025 is under consideration. ARTICLE 18 – TRAINING 18.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. 18.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act (FLSA) and WAC 296-128- 500. ARTICLE 19– LABOR / MANAGEMENT COMMITTEES 19.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. 19.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer, at least one (1) representative from Human Resources and a minimum of three (3) representatives appointed by the Union, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 19.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. 19.4 LABOR/MANAGEMENT SCHEDULING COMMITTEE The Bargaining Unit and Public Works Management or designee may meet to discuss complexities of scheduling. The parties may meet monthly at a mutually agreed upon time and location and may bring in anyone they wish to assist them. A member of Labor may meet with Employer’s scheduling management and discuss the day to day necessities of staffing management between areas and Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 28 workgroups. This in no way infringes on management’s right to assign work and schedule employees. (Article 5.1(G)) ARTICLE 20 – HEALTH & SAFETY 20.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor’s review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. 20.2 HEALTH & SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. Safety equipment; protective gear; appropriate supplies: The County may utilize a ‘quartermaster system’ to supply employees with appropriate safety equipment, protective gear, and other appropriate supplies on an as-needed basis. When such time, as any or all of such equipment wears out, the County shall replace such items, free of charge to the employee, so long as it can be shown that the items were no longer functional due to standard ‘wear and tear’ and not due to the negligence or intentional misconduct by the employee to damage such equipment items. Staffing and proper equipment required for job assignments will be made with consideration for employee safety. Under potentially hazardous conditions, a minimum of two-person crews for safety purposes will always be provided. Employees are expected to report, and encouraged to refuse, job assignments that are unsafe until the issue is resolved. 20.3 VEHICLE SAFETY No employee shall be required to drive a vehicle that does not meet the requirements of the State Vehicle Safety Code with regard to brakes, running gear and mechanical soundness. However, a member shall not refuse a piece of equipment because of faulty clearance light or headlight during daytime hours. No employee will be requested to drive a vehicle in violation of this clause. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. Any grievance procedure time limit may be extended by mutual written agreement. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 29 A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 21.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the employee’s immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the supervisor shall respond to the grievance within seven (7) calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at Step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Department Head within ten (10) calendar days of the incident giving rise to the grievance. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. the specific details of the incident or issue giving rise to the grievance; 2. the Article(s) and Section(s) of the Agreement allegedly violated; and 3. the remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Department Head within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head (or designee) shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Department Head shall provide a written response to the Employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten (10) calendar days of receipt of the grievance, the Human Resources Director or designee shall schedule a meeting with the Employee, Union Steward/Union Representative, and the Department Head to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the Employee, Union Steward/Union Representative, and Department Head within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The Union’s request for arbitration shall be in writing and may be filed with the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice to the Employer of its intent to arbitrate. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 30 seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. question or questions at issue; 2. statement of facts and position of each respective party; and 3. copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. 21.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer/employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 21.4 SCHEDULE OF MEETINGS Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 31 Upon request, and without unnecessary delay, a steward’s immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: a. Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. b. Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. c. Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. ARTICLE 22 - GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law, which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provision herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a Court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the Council and the County shall meet within thirty (30) days for re-negotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the Parties. ARTICLE 23 – ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effect from date of ratification by the parties through December 31, 2025. Either party may request negotiations of a successor agreement at least sixty (60) days before the annual expiration date. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 32 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this _________ day of __________________, 2022 THE UNION COUNCIL: BOARD OF COUNTY COMMISSIONERS: __________________________________ ____________________________________ Brian Blaisdell; Secretary-Treasurer Randy Neatherlin; Commissioner TEAMSTERS Local No. 252 District # 1 __________________________________ ____________________________________ Rob DeRosa; Business Agent Kevin Shutty; Commissioner TEAMSTERS Local No. 252 District # 2 __________________________________ ____________________________________ Eric Arntson; Business Representative Sharon Trask; Commissioner IUOE Local 302 District # 3 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 33 APPENDIX I –WAGES Effective June 1, 2022 - 1.75% General ATB Increase. Effective September 1, 2022 all eligible employees will receive an annual step increase based on their last step date. Advancement from step to step is annual and on the employee’s anniversary step date. Note: Figures are rounded and will vary slightly in MUNIS as Munis calculates out four (4) decimal places. 2022 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Operating Engineers Equipment Operator $ 27.69 $ 28.25 $ 28.81 $ 29.53 $ 30.27 $ 31.03 $ 31.80 $ 32.60 Sign Shop Foreman $ 29.33 $ 29.91 $ 30.51 $ 31.12 $ 31.75 $ 32.54 $ 33.35 $ 34.19 Sign Shop Specialist $ 26.62 $ 27.15 $ 27.69 $ 28.25 $ 28.81 $ 29.53 $ 30.27 $ 31.03 Teamsters Truck Driver $ 26.78 $ 27.32 $ 27.87 $ 28.56 $ 29.28 $ 30.01 $ 30.76 $ 31.53 Parts/Inventory $ 24.76 $ 25.26 $ 25.76 $ 26.28 $ 26.81 $ 27.48 $ 28.16 $ 28.87 Utility/Maintenance $ 25.74 $ 26.26 $ 26.78 $ 27.32 $ 27.87 $ 28.56 $ 29.28 $ 30.01 Central Stores Specialist $ 26.46 $ 26.99 $ 27.53 $ 28.08 $ 28.64 $ 29.36 $ 30.09 $ 30.84 Mechanic $ 29.69 $ 30.29 $ 30.89 $ 31.66 $ 32.45 $ 33.27 $ 34.10 $ 34.95 Radio/Up-Fit Technician $ 29.90 $ 30.49 $ 31.10 $ 31.73 $ 32.36 $ 33.17 $ 34.00 $ 34.85 Traffic Foreman $ 28.65 $ 29.22 $ 29.80 $ 30.40 $ 31.01 $ 31.78 $ 32.58 $ 33.39 Sign Technician $ 25.94 $ 26.46 $ 26.98 $ 27.52 $ 28.07 $ 28.78 $ 29.50 $ 30.23 Seasonal Help $ 17.64 Effective January 1, 2023 - 2.00% General ATB Increase Advancement from step to step is annual and on the employee’s anniversary step date. Note: Figures are rounded and will vary slightly in MUNIS as Munis calculates out four (4) decimal places. 2023 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Operating Engineers Equipment Operator $ 28.25 $ 28.81 $ 29.39 $ 30.12 $ 30.88 $ 31.65 $ 32.44 $ 33.25 Sign Shop Foreman $ 29.91 $ 30.51 $ 31.12 $ 31.75 $ 32.38 $ 33.19 $ 34.02 $ 34.87 Sign Shop Specialist $ 27.15 $ 27.69 $ 28.25 $ 28.81 $ 29.39 $ 30.12 $ 30.88 $ 31.65 Teamsters Truck Driver $ 27.32 $ 27.87 $ 28.42 $ 29.13 $ 29.86 $ 30.61 $ 31.37 $ 32.16 Parts/Inventory $ 25.26 $ 25.76 $ 26.28 $ 26.81 $ 27.34 $ 28.03 $ 28.73 $ 29.44 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 34 Utility/Maintenance $ 26.26 $ 26.78 $ 27.32 $ 27.87 $ 28.42 $ 29.13 $ 29.86 $ 30.61 Central Stores Specialist $ 26.99 $ 27.53 $ 28.08 $ 28.64 $ 29.21 $ 29.94 $ 30.69 $ 31.46 Mechanic $ 30.29 $ 30.89 $ 31.51 $ 32.30 $ 33.10 $ 33.93 $ 34.78 $ 35.65 Radio/Up-Fit Technician $ 30.49 $ 31.10 $ 31.73 $ 32.36 $ 33.01 $ 33.83 $ 34.68 $ 35.55 Traffic Foreman $ 29.22 $ 29.80 $ 30.40 $ 31.01 $ 31.63 $ 32.42 $ 33.23 $ 34.06 Sign Technician $ 26.46 $ 26.98 $ 27.52 $ 28.07 $ 28.64 $ 29.35 $ 30.09 $ 30.84 Seasonal Help $ 18.00 APPENDIX I –WAGES Effective January 1, 2024 – 1.75% General ATB Increase Advancement from step to step is annual and on the employee’s anniversary step date. Note: Figures are rounded and will vary slightly in MUNIS as Munis calculates out four (4) decimal places. 2024 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Operating Engineers Equipment Operator $ 28.74 $ 29.32 $ 29.90 $ 30.65 $ 31.42 $ 32.20 $ 33.01 $ 33.83 Sign Shop Foreman $ 30.44 $ 31.05 $ 31.67 $ 32.30 $ 32.95 $ 33.77 $ 34.62 $ 35.48 Sign Shop Specialist $ 27.63 $ 28.18 $ 28.74 $ 29.32 $ 29.90 $ 30.65 $ 31.42 $ 32.20 Teamsters Truck Driver $ 27.80 $ 28.35 $ 28.92 $ 29.64 $ 30.38 $ 31.14 $ 31.92 $ 32.72 Parts/Inventory $ 25.70 $ 26.22 $ 26.74 $ 27.27 $ 27.82 $ 28.52 $ 29.23 $ 29.96 Utility/Maintenance $ 26.72 $ 27.25 $ 27.80 $ 28.35 $ 28.92 $ 29.64 $ 30.38 $ 31.14 Central Stores Specialist $ 27.46 $ 28.01 $ 28.57 $ 29.14 $ 29.73 $ 30.47 $ 31.23 $ 32.01 Mechanic $ 30.82 $ 31.43 $ 32.06 $ 32.86 $ 33.68 $ 34.53 $ 35.29 $ 36.27 Radio/Up-Fit Technician $ 31.03 $ 31.65 $ 32.28 $ 32.93 $ 33.59 $ 34.43 $ 35.29 $ 36.17 Traffic Foreman $ 29.73 $ 30.32 $ 30.93 $ 31.55 $ 32.18 $ 32.98 $ 33.81 $ 34.65 Sign Technician $ 26.92 $ 27.46 $ 28.01 $ 28.57 $ 29.14 $ 29.87 $ 30.61 $ 31.38 Seasonal Help $ 18.31 Effective January 1, 2025 - 1.75% General ATB Increase Advancement from step to step is annual and on the employee’s anniversary step date. Note: Figures are rounded and will vary slightly in MUNIS as Munis calculates out four (4) decimal places. 2025 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Operating Engineers Equipment Operator $ 29.25 $ 29.83 $ 30.43 $ 31.19 $ 31.97 $ 32.77 $ 33.59 $ 34.43 Sign Shop Foreman $ 30.97 $ 31.59 $ 32.22 $ 32.87 $ 33.52 $ 34.36 $ 35.22 $ 36.10 Sign Shop Specialist $ 28.11 $ 28.67 $ 29.25 $ 29.83 $ 30.43 $ 31.19 $ 31.97 $ 32.77 Teamsters Truck Driver $ 28.28 $ 28.85 $ 29.43 $ 30.16 $ 30.92 $ 31.59 $ 32.48 $ 33.29 Parts/Inventory $ 26.15 $ 26.67 $ 27.21 $ 27.75 $ 28.31 $ 29.01 $ 29.74 $ 30.48 Utility/Maintenance $ 27.19 $ 27.73 $ 28.28 $ 28.85 $ 29.43 $ 30.16 $ 30.92 $ 31.69 Central Stores Specialist $ 27.94 $ 28.50 $ 29.07 $ 29.65 $ 30.25 $ 31.00 $ 31.78 $ 32.57 Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 35 Mechanic $ 31.35 $ 31.98 $ 32.62 $ 33.44 $ 34.27 $ 35.13 $ 36.01 $ 36.91 Radio/Up-Fit Technician $ 31.57 $ 32.20 $ 32.85 $ 33.50 $ 34.17 $ 35.03 $ 35.90 $ 36.80 Traffic Foreman $ 30.25 $ 30.85 $ 31.47 $ 32.10 $ 32.74 $ 33.56 $ 34.40 $ 35.26 Sign Technician $ 27.39 $ 27.94 $ 28.50 $ 29.07 $ 29.65 $ 30.39 $ 31.15 $ 31.93 Seasonal Help $ 18.59 APPENDIX II –SHOP ASSISTANT It is understood by the parties signatory to this Labor Agreement between Mason County and Engineers Local 302 and Teamsters No. 252, that effective immediately the following shall apply: A non-bargaining unit position may be created at the Mason County Central Shop as follows: SHOP ASSISTANT Duties: 1) Washing vehicles 2) Vehicle detailing (waxing, vacuuming, etc.) 3) Gassing vehicles 4) Running parts 5) Inspecting vehicle fluids, and tires (downtown) 6) Checking vehicle mileages for servicing 7) Transporting vehicles to the shop (from downtown) for servicing Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 36 APPENDIX III – WORK ASSIGNMENTS General Policy Daily work assignments shall be made by the managers and supervisors, and given to workers having the skills and abilities to perform the work efficiently. Seniority will be the primary consideration for truck and equipment daily work assignments. All assignments, including training assignments, will be made in good faith and not in an arbitrary or capricious manner. Training needs will be determined by the County as provided in Appendix VIII. Outlying Shops The following criteria pertain to Belfair Shop and any other satellite shops that may be opened away from the Central Shop facility: 1. Seniority shall be taken into consideration when assigning employees permanently to the outlying shops. If no senior employee wants the position, the least senior employee with the necessary skills and ability will be transferred. 2. Employees shall not be temporarily assigned to an outlying shop to perform manual labor when the shop they are permanently assigned to has truck or equipment work available for which they are qualified, unless mutually agreed to by the employee and supervisor. 3. Employees temporarily assigned to another shop shall report to work at their normally assigned shop and travel to the other shop via a County vehicle, unless mutually agreed to by the employee and supervisor. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 37 APPENDIX IV – DAILY WORK ASSIGNMENT PROTOCOL 1. Whenever possible, daily work assignment sheets will be posted prior to the start of each shift. 2. Joint crew meeting at the beginning of each shift to explain any deviation from the normal work assignment, such as: a. Job continuity b. Training opportunity c. Specialty requirement d. Unforeseen requirement 3. The joint crew meeting is to be short and informative. Except for safety issues, any questions/complaints will be directed through the appropriate Shop Steward for resolution with management. 4. This protocol may be adjusted by mutual agreement between management and the Unions. Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 38 APPENDIX V – TRAINING PROGRAM PROTOCOL The intent of the training program is to train Mason County public works road operations and maintenance employees in the safe, efficient, legal operation and required preventative maintenance of all County owned or rented equipment and trucks. Level I (Initial training) All employees will learn the basic safe operation and necessary pre-trip or equivalent checks to start, load, secure, and move for legal transportation all Mason County equipment. This would include sanders and snow plows. The County will maintain records showing the amount of time and check-off for each employee for each type of equipment an employee has received this initial training on. ER&R will specify the necessary pre-trip or equivalent checks for all equipment/trucks. This training would be completed not later than the end of the employee’s 8th month of employment. 1. Single and Tandem axle trucks. 8. Graders 2. Load/unload and connect patch box, sanders, and plows. 9. Gradalls 3. Brooms 10. Patch Box 4. Bruch cutters 11. Track Loader 5. All rollers 12. Wheel Loaders 6. Chip spreader 13. Force Feed Loader 7. Backhoes 14. Bucket Truck (Any new equipment purchased by the County in the future to be added to this list.) Level II (Intermediate training) 1. Employees desiring training on equipment or trucks within their respective craft will be allowed to sign up to receive training they want or the County deems they need, given operational needs and demands are meet. Employees will be chosen from the list in order of seniority within their respective craft. 2. Trainees will operate said equipment/trucks under the direction of the trainer, contingent upon safety and experience requirements of the particular job. The designated trainer shall be determined by the County. 3. Management will schedule training days to coincide with the operational needs and time constraints per job. 4. When an employee is deemed competent, as agreed upon by the trainer and management, the employee’s name will be placed on a check-off list showing that they have been deemed Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement Page 39 competent to operate said equipment/truck within their respective craft without the presence of a trainer. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.12 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of a 1.75% general wage increase for non-represented employees effective January 1, 2023. Background/Executive Summary: Human Resources recommends a 1.75% general wage increase for non-represented employees effective January 1, 2023. This increase will maintain parity with increases for members of current Collective Bargaining Agreements within the County. This wage increase will also help to address market issues that arise out of the Classification and Compensation study. Budget Impact (amount, funding source, budget amendment): Total approximate 2023 budget impact is $116,000: general fund $72,700 and special funds $43,300. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of a 1.75% general wage increase for non-represented employees effective January 1, 2023. Attachments: Proposed Non-Represented Salary Scale RESOLUTION NO. __________ AMENDING RESOLUTION NO. 2022-061 TO UPDATE THE NON-REPRESENTED SALARY SCALE TO REFLECT A 1.75% GENERAL WAGE INCREASE WHEREAS, RCW 36.16.070 states that “…the Board of County Commissioners shall fix the compensation of all employees…”; and WHEREAS, the Board has determined a 1.75% general wage increase for all Non-Represented employees to maintain parity with recommended increases proposed for the members of current Collective Bargaining Agreements within the County; and WHEREAS, consistent with Board Resolution No. 2020-76, the Board will continue to allow step increases for Non-Represented employees, consistent with policy; and NOW, THEREFORE BE IT RESOLVED, the Board of County Commissioners does hereby amend the Non-Represented Salary Table by 1.75% general wage increase effective January 1, 2023. DATED this _____ day of November 2022. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Kevin Shutty, Chair ____________________________________ Sharon Trask, Vice-Chair ____________________________________ Randy Neatherlin, Commissioner Attachment A Page | 1 of 2 NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 47 County Administrator 3601 46 Public Health & Human Services Director 1015 Public Works & Utilities Director 4005 Undersheriff 3000 Human Resources Director 2900 Community Development Director 2070 44 Deputy Director Public Works/Utilities & Waste Mgmt 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 Chief Superior Court Administrator 4650 41 Jail Lieutenant 3005 Chief District Court Administrator 1180 40 Engineering and Construction Manager 4030 Central Services Manager 1153 39 Chief Finance Officer 2000 Budget & Finance Manager 1155 38 DEM/Parks & Trails Manager 2059 Water & Wastewater Manager 4015 Chief Civil Deputy 3001 County Surveyor 4058 Facilities Manager 2058 35 Juvenile Court Services Deputy Administrator 1052 34 Road Operations & Maintenance Manager 4021 33 Engineer III 4033 Community Health Manager 2171 Environmental Health Manager 2169 32 Project Support Services Manager 4201 31 Public Works Finance Manager 2011 30 Engineering & Construction Assistant Manager 4029 Attachment A Page | 2 of 2 NON -REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 29 Equipment Maintenance Supervisor 4080 Finance Manager 2010 Road Operations & Maintenance Supervisor 4022 Chief Deputy Treasurer 1139 Chief Deputy Assessor 1099 Administrative Manager 2149 Chief Deputy Clerk 1108 Juvenile Detention Manager 3800 28 Engineer II 4032 27 Elections Superintendent 1080 26 Engineer I 4031 25 Program Manager I 2200 Therapeutic Court Program Manager 2199 23 Public Works Office Administrator 2045 21 Financial Analyst Risk & Safety Compliance Manager 1057 Personnel Analyst 1152 Noxious Weed Coordinator 2226 Personnel & Risk Analyst 4230 Public Records Coordinator 3602 20 Office Manager 2040 19 Official Court Recorder/Judicial Assistant 1193 Official Court Recorder/Family Law Facilitator 1192 Clerk of the Board/Records Specialist 1056 Administrative Clerk 1055 17 Administrative Assistant 1040 13 Administrative Secretary 1046 Legal Secretary 2152 11 Senior Deputy Coroner 3071 10 Receptionist/Secretary 2041 Therapeutic Courts Caseworker 1185 1 Central Shop Assistant 4099 Attachment B RANGE ENTRY ANNUAL STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX ANNUAL 47 148,634.69$ 12,386.22$ 12,695.88$ 13,013.28$ 13,338.61$ 13,672.07$ 14,013.88$ 14,364.22$ 14,723.33$ 14,907.37$ 15,093.71$ 181,124.55$ 46 122,367.80$ 10,197.32$ 10,458.84$ 10,727.01$ 11,002.01$ 11,284.15$ 11,573.43$ 11,862.77$ 12,159.34$ 12,311.33$ 12,465.22$ 149,582.65$ 45 99,666.28$ 8,305.52$ 8,513.16$ 8,719.48$ 8,937.47$ 9,156.69$ 9,385.65$ 9,620.78$ 9,859.55$ 9,982.80$ 10,107.58$ 121,291.01$ 44 97,270.71$ 8,105.89$ 8,308.54$ 8,512.46$ 8,725.27$ 8,938.65$ 9,161.53$ 9,390.53$ 9,625.67$ 9,745.99$ 9,867.81$ 118,413.74$ 43 94,890.04$ 7,907.50$ 8,105.19$ 8,303.10$ 8,510.68$ 8,718.22$ 8,937.45$ 9,159.09$ 9,389.31$ 9,506.68$ 9,625.51$ 115,506.15$ 42 92,670.59$ 7,722.55$ 7,915.61$ 8,108.38$ 8,311.09$ 8,512.46$ 8,726.79$ 8,944.78$ 9,167.66$ 9,282.25$ 9,398.28$ 112,779.38$ 41 90,378.35$ 7,531.53$ 7,719.82$ 7,907.50$ 8,105.19$ 8,304.26$ 8,511.26$ 8,724.35$ 8,942.34$ 9,054.12$ 9,167.29$ 110,007.52$ 40 88,247.58$ 7,353.96$ 7,537.81$ 7,722.55$ 7,915.61$ 8,107.11$ 8,310.45$ 8,518.63$ 8,731.69$ 8,840.84$ 8,951.35$ 107,416.22$ 39 86,087.49$ 7,173.96$ 7,353.31$ 7,534.03$ 7,722.38$ 7,909.99$ 8,107.11$ 8,310.45$ 8,518.63$ 8,625.11$ 8,732.93$ 104,795.12$ 38 84,030.24$ 7,002.52$ 7,177.58$ 7,352.74$ 7,536.56$ 7,720.13$ 7,914.87$ 8,109.54$ 8,314.07$ 8,418.00$ 8,523.22$ 102,278.68$ 37 81,972.75$ 6,831.06$ 7,001.84$ 7,172.72$ 7,352.03$ 7,532.77$ 7,720.13$ 7,913.65$ 8,110.78$ 8,212.16$ 8,314.81$ 99,777.77$ 36 80,018.09$ 6,668.17$ 6,834.88$ 7,002.52$ 7,177.58$ 7,352.74$ 7,537.66$ 7,726.32$ 7,919.74$ 8,018.73$ 8,118.97$ 97,427.62$ 35 78,092.99$ 6,507.75$ 6,670.44$ 6,833.48$ 7,004.32$ 7,175.18$ 7,353.96$ 7,538.86$ 7,727.52$ 7,824.11$ 7,921.91$ 95,062.95$ 34 76,241.16$ 6,353.43$ 6,512.27$ 6,669.44$ 6,836.17$ 7,003.74$ 7,178.84$ 7,358.85$ 7,542.58$ 7,636.87$ 7,732.33$ 92,787.92$ 33 74,374.69$ 6,197.89$ 6,352.84$ 6,507.75$ 6,670.44$ 6,833.48$ 7,003.74$ 7,178.84$ 7,358.85$ 7,450.84$ 7,543.97$ 90,527.65$ 32 72,626.20$ 6,052.18$ 6,203.49$ 6,354.65$ 6,513.52$ 6,670.64$ 6,837.15$ 7,008.61$ 7,183.77$ 7,273.57$ 7,364.49$ 88,373.83$ 31 70,804.18$ 5,900.35$ 6,047.86$ 6,196.69$ 6,351.61$ 6,506.53$ 6,668.17$ 6,835.91$ 7,007.38$ 7,094.98$ 7,183.66$ 86,203.97$ 30 69,157.54$ 5,763.13$ 5,907.21$ 6,050.94$ 6,202.21$ 6,353.43$ 6,512.61$ 6,673.06$ 6,840.81$ 6,926.32$ 7,012.90$ 84,154.81$ 29 67,482.83$ 5,623.57$ 5,764.16$ 5,902.77$ 6,050.34$ 6,197.89$ 6,354.65$ 6,512.61$ 6,675.52$ 6,758.97$ 6,843.45$ 82,121.44$ 28 65,865.74$ 5,488.81$ 5,626.03$ 5,763.13$ 5,907.21$ 6,050.94$ 6,201.55$ 6,358.34$ 6,517.54$ 6,599.01$ 6,681.50$ 80,177.96$ 27 64,264.31$ 5,355.36$ 5,489.24$ 5,622.35$ 5,762.91$ 5,901.55$ 6,050.94$ 6,201.55$ 6,355.91$ 6,435.36$ 6,515.81$ 78,189.66$ 26 62,735.90$ 5,227.99$ 5,358.69$ 5,488.81$ 5,626.03$ 5,763.13$ 5,905.21$ 6,054.61$ 6,206.48$ 6,284.06$ 6,362.61$ 76,351.35$ 25 61,192.84$ 5,099.40$ 5,226.89$ 5,354.10$ 5,487.95$ 5,621.17$ 5,761.93$ 5,904.01$ 6,053.38$ 6,129.05$ 6,205.66$ 74,467.97$ 24 59,752.87$ 4,979.41$ 5,103.89$ 5,227.99$ 5,358.69$ 5,488.81$ 5,626.01$ 5,765.61$ 5,911.36$ 5,985.25$ 6,060.07$ 72,720.83$ 23 58,282.59$ 4,856.88$ 4,978.30$ 5,099.40$ 5,226.89$ 5,354.10$ 5,488.81$ 5,626.01$ 5,765.61$ 5,837.68$ 5,910.65$ 70,927.84$ 22 56,901.98$ 4,741.83$ 4,860.38$ 4,979.41$ 5,103.89$ 5,229.23$ 5,359.00$ 5,492.50$ 5,629.68$ 5,700.05$ 5,771.30$ 69,255.56$ 21 55,505.48$ 4,625.46$ 4,741.09$ 4,856.88$ 4,978.30$ 5,100.65$ 5,227.99$ 5,357.80$ 5,491.30$ 5,559.94$ 5,629.44$ 67,553.24$ 20 54,168.34$ 4,514.03$ 4,626.88$ 4,740.59$ 4,859.10$ 4,978.16$ 5,101.85$ 5,230.43$ 5,360.24$ 5,427.25$ 5,495.09$ 65,941.06$ 19 52,860.02$ 4,405.00$ 4,515.13$ 4,625.46$ 4,741.09$ 4,856.88$ 4,979.41$ 5,103.07$ 5,231.68$ 5,297.07$ 5,363.29$ 64,359.43$ 18 51,611.31$ 4,300.94$ 4,408.47$ 4,515.25$ 4,628.13$ 4,741.83$ 4,859.37$ 4,981.85$ 5,105.55$ 5,169.37$ 5,233.99$ 62,807.86$ 17 50,347.45$ 4,195.62$ 4,300.51$ 4,406.22$ 4,516.38$ 4,626.72$ 4,743.07$ 4,860.59$ 4,983.07$ 5,045.36$ 5,108.42$ 61,301.10$ 16 49,142.21$ 4,095.18$ 4,197.56$ 4,300.94$ 4,408.47$ 4,515.25$ 4,629.16$ 4,744.30$ 4,861.79$ 4,922.56$ 4,984.09$ 59,809.11$ 15 47,951.88$ 3,995.99$ 4,095.89$ 4,196.84$ 4,301.76$ 4,405.00$ 4,514.03$ 4,625.46$ 4,741.83$ 4,801.10$ 4,861.12$ 58,333.42$ 14 46,791.60$ 3,899.30$ 3,996.78$ 4,093.98$ 4,196.33$ 4,298.50$ 4,406.22$ 4,516.47$ 4,630.38$ 4,688.26$ 4,746.87$ 56,962.39$ 13 45,659.40$ 3,804.95$ 3,900.07$ 3,994.79$ 4,094.66$ 4,195.62$ 4,299.72$ 4,407.46$ 4,517.71$ 4,574.18$ 4,631.36$ 55,576.34$ 12 44,557.50$ 3,713.12$ 3,805.95$ 3,899.30$ 3,996.78$ 4,093.98$ 4,196.84$ 4,302.18$ 4,408.69$ 4,463.79$ 4,519.59$ 54,235.10$ 11 43,484.90$ 3,623.74$ 3,714.34$ 3,804.95$ 3,900.07$ 3,994.79$ 4,095.18$ 4,198.08$ 4,302.18$ 4,355.96$ 4,410.41$ 52,924.94$ 10 42,455.78$ 3,537.98$ 3,626.43$ 3,713.12$ 3,805.95$ 3,899.30$ 3,995.99$ 4,096.43$ 4,199.31$ 4,251.80$ 4,304.94$ 51,659.33$ 9 41,412.50$ 3,451.04$ 3,537.32$ 3,623.74$ 3,714.34$ 3,804.95$ 3,899.30$ 3,997.23$ 4,096.43$ 4,147.63$ 4,199.48$ 50,393.73$ 8 40,427.85$ 3,368.99$ 3,453.21$ 3,535.52$ 3,623.91$ 3,713.12$ 3,806.17$ 3,900.48$ 3,998.47$ 4,048.46$ 4,099.06$ 49,188.73$ 7 39,428.28$ 3,285.69$ 3,367.83$ 3,451.04$ 3,537.32$ 3,623.74$ 3,713.12$ 3,806.17$ 3,902.96$ 3,951.75$ 4,001.15$ 48,013.78$ 6 38,502.99$ 3,208.58$ 3,288.80$ 3,370.23$ 3,454.48$ 3,537.98$ 3,626.16$ 3,716.79$ 3,809.88$ 3,857.50$ 3,905.72$ 46,868.62$ 5 37,562.30$ 3,130.19$ 3,208.45$ 3,285.69$ 3,367.83$ 3,451.04$ 3,537.98$ 3,626.16$ 3,716.79$ 3,763.25$ 3,810.29$ 45,723.47$ 4 36,680.73$ 3,056.73$ 3,133.15$ 3,208.58$ 3,288.80$ 3,370.23$ 3,454.79$ 3,541.67$ 3,628.65$ 3,674.01$ 3,719.93$ 44,639.17$ 3 35,784.01$ 2,982.00$ 3,056.55$ 3,131.41$ 3,209.70$ 3,286.93$ 3,370.23$ 3,454.79$ 3,541.67$ 3,585.94$ 3,630.76$ 43,569.14$ 2 34,917.09$ 2,909.76$ 2,982.50$ 3,055.49$ 3,131.87$ 3,208.58$ 3,288.13$ 3,371.45$ 3,454.79$ 3,497.97$ 3,541.70$ 42,500.38$ 1 34,093.89$ 2,841.16$ 2,912.19$ 2,982.00$ 3,056.55$ 3,130.19$ 3,208.58$ 3,288.13$ 3,371.45$ 3,413.59$ 3,456.26$ 41,475.16$ Non-Represented Salary Range Alignment Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.13 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Consolidated Homeless Grant Amendment D Background/Executive Summary: The Department of Commerce has added Amendment D to the Consolidated Homeless Grant (CHG) creating a permanent eviction prevention rental assistance program through RCW 43.185C.185. An additional $761,607 has been allocated through June 30, 2023. Funds will be subcontracted to Crossroads Housing for an amended contract term of November 1, 2022 through June 30, 2023. Budget Impact (amount, funding source, budget amendment): $530,000 to be subcontracted to Crossroads Housing. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to subcontract additional funds in the amount of $530,000 to Crossroads Housing for the eviction prevention program. Attachments: CHG Amendment D Crossroads Housing CHG Amendment 4 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.14 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Consolidated Homeless Grant Eviction Prevention Program – Shelton Family Center Background/Executive Summary: The Department of Commerce created a permanent eviction prevention rental assistance program through RCW 43.185C.185, adding an additional $761,607 to the Consolidated Homeless Grant (CHG) through June 30, 2023. Grant funds will be subcontracted to Shelton Family Center for the purpose of assisting people who are experiencing homelessness to obtain and maintain housing stability for the period of November 1, 2022 through June 30, 2023. Budget Impact (amount, funding source, budget amendment): $178,295 to be subcontracted to Shelton Family Center. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to subcontract with Shelton Family Center for the eviction prevention program in the amount of $178,295 for the period of November 1, 2022 through June 30, 2023. Attachments: Shelton Family Center CHG Contract Mason County Agenda Request Form To: Board of Mason County Commissioners From: Daniel Goodell, Presiding Judge; Jim Madsen Chief Administrator Ext. 206 Department: Superior Court Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.15 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request to increase the Superior Court Commissioner from 37 hours/week to 40 hours/week. Background/Executive Summary: During our 2023 budget meeting with the Board of County Commissioners, the Superior Court discussed significant changes to the civil protection order statutes that were enacted on 7/1/22 as a result of ESSHB1320. At the time we discussed the increased workload we were experiencing in our Protection Order and Ex-Parte dockets as a result of the law changes. Currently the Court has Protection Order dockets on Mondays, Wednesdays, Thursdays, and Fridays. These dockets are starting to become overwhelmed with these complex cases. To accommodate the increase in workload we would like to schedule a Tuesday Protection Order docket which would be held by our Superior Court Commissioner. Our Superior Court Commissioner’s current contract is for 37 hours per week (.925 FTE) and we are requesting that this be increased to a full FTE at 40 hours a week to allow for the new docket and prep time. Budget Impact (amount, funding source, budget amendment): For 2022 the budget increase would be about $1,303 in salary and benefits. For 2023 the budget request would be $12,952 in Salary and $2,343 in Benefits for a total of $15,295. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to add an additional three hours to the Superior Court Commissioner position making it a full-time employee (FTE). Attachments: Court Commissioner Professional Services Agreement COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Tirsa C. Butler (Commissioner), and Mason County Superior Court (Court) and Mason County (County). The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows: Section One - Appointment of Commissioner Pursuant to RCW 2.24.010, the Court hereby appoints Tirsa C. Butler as Court Commissioner for a term beginning November 16, 2022 and ending December 31, 2023, and she hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1. Pursuant to RCW 2.24.020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2. Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court. 3. Commissioner’s work schedule shall be 40 hours per week, normally to be scheduled during regular business hours of Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. Additional hours outside of regular court hours may be required as otherwise scheduled. 4. Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte 5. During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4.2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court. 6. Commissioner will successfully complete the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Three - Compensation Pursuant to RCW 2.24.030, County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 85% of the salary of a Superior Court Judge. As of July 1, 2022 Commissioner’s rate of pay is as follows: $14,391.14 per month ($83.03 per hour) for a total annual salary of $172,693.65. In the event the salary of a Superior Court judge is modified by the Washington Citizen’s Commission on Salaries for Elected Officials, the Commissioner’s salary/rate of pay will also be modified using the following formula: Superior Court Judicial salary X 85%. Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies. Commissioner shall receive the same insurance premium contribution as regular full-time employees. Deductions by County from Commissioner’s pay will include applicable taxes, an amount equal to an employee’s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties. This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument. Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 Signed this ____ day of Signed this ____ day of ________, 2022: _________, 2022: MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS ____________________________ _______________________________ CADINE FERGUSON-BROWN, Judge RANDY NEATHERLIN Commissioner District 1 _______________________________ DANIEL L. GOODELL, Judge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this ____ day of ________, 2022: ____________________________ TIRSA C. BUTLER Approved as to form: MASON COUNTY PROSECUTOR’S OFFICE By _____________________________ COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4 ACKNOWLEDGEMENT I, Tirsa C. Butler, acknowledge receipt of a copy of Mason County’s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies). I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person’s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran’s status, sexual orientation, or disability (known or perceived). Signed: _______________________ Date: __________________ TIRSA C. BUTLER Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.16 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Memorandum of Agreement with the Port of Allyn Background/Executive Summary: On December 14, 2009 the Port of Allyn briefed the Commissioners with a request to encumber reclaimed water from the North Bay sewer system. Encumbering the reclaimed water would help mitigate any negative hydraulic impact to Sherwood Creek from the Port of Allyn’s new well/water right. The North Bay sewer utility reclaims approximately 365,000 gallons per day. The 2.7-acre foot per month referenced in the agreement is approximately 880,000 gallons per month or 8% of a normal month reclaimed water production. The Port of Allyn would like to codify this Memorandum of Agreement at the request of the Squaxin Island Tribe. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the Chair to sign of the Memorandum of Agreement with the Port of Allyn to codify the letter between Mason County and the Port of Allyn concerning the mitigation of any negative hydraulic impact to Sherwood Creek. Attachments: Agreement Memorandum of Agreement This agreement is entered into on this ____ Day or ____________ 2022 between the Port of Allyn, and the Mason County Commissioners. This purpose of this agreement is to codify the letter between the parties dated December 22, 2009 concerning the mitigation of any negative hydraulic impact to Sherwood Creek. • On December 14, 2009, the Mason County Commissioners discussed the Port’s request to encumber reclaimed water from North Bay sewer system. • On December 22, 2009, a letter agreeing to do so was issued by the Mason County Commissioners. (Copy Attached). As part of the current approval process for the Port’s new well, which it is under a mandate by the Department of Ecology to construct and have operable by March 1, 2024, the Squaxin Island Tribe has requested that the above referenced letter be codified by this Memorandum of Agreement. In late November 2009 the Port of Allyn requested that the Mason County Board of Commissioners consider allocating 2.7 acre-feet per month of reclaimed water from the North Bay-Case Inlet Water Reclamation Plant towards groundwater infiltration. The purpose of this allocation was to mitigate any negative hydrologic impact to Sherwood Creek that may have resulted as a consequence of approving the water right application the Port of Allyn had before the Department of Ecology at the time as part of its pending approval of its Water System Plan. During the briefing with the Mason County Commissioners on December 14, 2009 they agreed that this request would promote the beneficial use of the treatment plant's reclaimed water. This Memorandum of Agreement between the Mason County Commissioners and the Port of Allyn heretofore permanently allocates 2.7 acre-feet per month in perpetuity to infiltration and/or irrigation to supplement the Port’s water removal. Signed this _____ day of _____________, 2022 ________________________ __________________________ Judy Scott, Commission Chair Kevin Shutty, Commission Chair Port of Allyn Mason County Commission Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle & Jason Dracobly Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 7, 2022 Agenda Date: November 8, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.17 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval to place an order for four Police Interceptor Utility vehicles to replace two canceled Police Interceptor Utility vehicles & two canceled Tahoe Canine vehicles and update the 2023 Sheriff’s Office Motor Pool vehicle rates Background/Executive Summary: The Board of County Commissioners approved the order of three replacement PPVs (Police Pursuit Vehicle) on July 5th consisting of one Police Interceptor Utility vehicle and two Tahoe Canine vehicles, and one more PPV on October 11th to include a Police Interceptor Utility vehicle to replace wrecked vehicle #73. Enterprise recently notified the County that these four vehicle orders have been canceled by the factory due to the high volume of orders and small quantity of our order. The other option for the County is to order these four vehicles through a dealership at a higher cost. The PPV Tahoe vehicles are not currently available through a dealership and the MCSO has determined that two Interceptors in place of two Tahoes may be utilized as canine vehicles. For general vehicle order supply, Enterprise expects inventory to become more available with rising interest rates in the next few months. With the PPVs it is not the same. The vehicles are so scarce and special order that most dealers don’t place regular orders so the same supply challenges will continue on longer than for regular vehicle orders. Taking this into consideration we would ask the Board to consider approval of ordering now the vehicles for any new Sheriff Deputy positions approved during the 2023 budget process. Budget Impact (amount, funding source, budget amendment): The estimate received from Enterprise at this time is $51,970 per Police Interceptor Utility. The original quote received for the Interceptors was $45,290 each and the Tahoes were quoted at $53,898 each. The total 2023 budget impact for the order change is estimated at $7,885 through the County’s 4 year lease program. Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to place an order for four Police Interceptor Utility vehicles to replace two canceled Police Interceptor Utility vehicles & two canceled Tahoe Canine vehicles and update the 2023 Sheriff’s Office Motor Pool vehicle rates Attachments: Police Interceptor Utility Quote #6821911, 10/27/2022 Revised 2023 Sheriff Motor Pool Rates Prepared For:Mason County Sheriff's Office - Patrol Date 10/27/2022 Dracobly, Jason AE/AM S3M/RJL Unit # Year 2023 Make Ford Model Police Interceptor Utility Series Base All-Wheel Drive Vehicle Order Type In-Stock Term 48 State WA Customer#605454 $ 51,760.00 Capitalized Price of Vehicle 1 $ 0.00 *Sales Tax 0.0000% State WA $ 400.00 *Initial License Fee $ 0.00 Registration Fee $ 210.00 Other: (See Page 2) $ 0.00 Capitalized Price Reduction $ 0.00 Tax on Capitalized Price Reduction $ 0.00 Gain Applied From Prior Unit $ 0.00 *Tax on Gain On Prior $ 0.00 *Security Deposit $ 0.00 *Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. Order Information Driver Name Exterior Color (0 P) Agate Black Interior Color (0 I) Charcoal Black w/Unique HD Cloth Front Lic. Plate Type Government GVWR 0 $ 51,970.00 Total Capitalized Amount (Delivered Price) $ 909.48 Depreciation Reserve @ 1.7500% $ 283.84 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 $ 1,193.32 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment Liability Limit $0.00 $ 23.00 Physical Damage Management Comp/Coll Deductible 5000 / 5000 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 23.00 Additional Services SubTotal $ 105.01 Sales Tax 8.8000% State WA $ 1,321.33 Total Monthly Rental Including Additional Services $ 8,314.96 Reduced Book Value at 48 Months $ 400.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 20,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE Mason County Sheriff's Office - Patrol BY TITLE DATE * INDICATES ITEMS TO BE BILLED ON DELIVERY. 1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Open-End (Equity) Lease Rate Quote Quote No:6821911 Printed On 10/27/2022 10:01:31 AM Page 1 of 6 Other Totals Description (B)illed or (C)apped Price Initial Administration Fee C $ 60.00 Pricing Plan Delivery Charge C $ 150.00 Courtesy Delivery Fee C $ 0.00 Total Other Charges Billed $ 0.00 Total Other Charges Capitalized $ 210.00 Other Charges Total $ 210.00 Open-End (Equity) Lease Rate Quote Quote No:6821911 Printed On 10/27/2022 10:01:31 AM Page 2 of 6 VEHICLE INFORMATION: 2023 Ford Police Interceptor Utility Base All-Wheel Drive - US Series ID: K8A Pricing Summary: INVOICE MSRP Base Vehicle $45,750 $47,165.00 Total Options $2,876.00 $3,060.00 Destination Charge $1,495.00 $1,495.00 Total Price SELECTED COLOR: Exterior:UM-(0 P) Agate Black Interior:96-(0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 119WB 119" Wheelbase STD STD 153 Front License Plate Bracket NC NC 17T Switchable Red/White Lighting in Cargo Area $47.00 $50.00 19K H8 AGM Battery (850 CCA/92-amp)$103.00 $110.00 43D Dark Car Feature $24.00 $25.00 44B Transmission: 10-Speed Automatic Included Included 47A Police Engine Idle Feature $244.00 $260.00 500A Order Code 500A NC NC 51T Driver Only LED Spot Lamp (Whelen)$394.00 $420.00 55F Remote Keyless Entry Key Fob w/o Key Pad $320.00 $340.00 59W 4G LTE Wi-Fi Hotspot Credit NA NA 60A Grille LED Lights, Siren & Speaker Pre-Wiring $47.00 $50.00 60R Noise Suppression Bonds (Ground Straps)$94.00 $100.00 61B OBD-II Split Connector $52.00 $55.00 63B Side Marker LED Sideview Mirrors $273.00 $290.00 68B Police Perimeter Alert $635.00 $675.00 76D Underbody Deflector Plate $315.00 $335.00 76P Pre-Collision Assist w/Pedestrian Detection $136.00 $145.00 85R Rear Console Plate $42.00 $45.00 9 Unique HD Cloth Front Bucket Seats w/Vinyl Rear Included Included 425 50 State Emission System STD STD 52P Hidden Door-Lock Plunger $150.00 $160.00 96_01 (0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear NC NC 99W Engine: 3.3L V6 Direct-Injection Hybrid System Included Included PAINT Monotone Paint Application STD STD STDAX 3.73 Axle Ratio Included Included STDGV GVWR: 6,840 lbs (3,103 kgs)Included Included STDRD Radio: AM/FM/MP3 Capable Included Included STDTR Tires: 255/60R18 AS BSW Included Included STDWL Wheels: 18" x 8" 5-Spoke Painted Black Steel Included Included UM_01 (0 P) Agate Black NC NC $50,121.00 $51,720.00 Open-End (Equity) Lease Rate Quote Quote No:6821911 Printed On 10/27/2022 10:01:31 AM Page 3 of 6 CONFIGURED FEATURES: Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: liftgate Driver And Passenger Mirror: power remote manual folding side-view door mirrors Convex Driver Mirror: convex driver and passenger mirror Spoiler: rear lip spoiler Skid Plates: skid plates Door Handles: black Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip Front Tow Hooks: 1 front tow hooks Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material : class III trailering with harness, hitch Body Side Cladding: body-coloured bodyside cladding Grille: black grille Convenience Features: Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows Remote Keyless Entry: keyfob (all doors) remote keyless entry Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror Driver and Passenger Vanity Mirror: driver and passenger-side visor mirrors Overhead Console: mini overhead console with storage Glove Box: locking glove box Driver Door Bin: driver and passenger door bins Dashboard Storage: dashboard storage Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 2 12V DC power outlets Entertainment Features: radio AM/FM stereo with seek-scan Speed Sensitive Volume: speed-sensitive volume Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers Internet Access: Fleet Telematics Modem internet access 1st Row LCD: 1 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: integrated roof antenna Lighting, Visibility and Instrumentation Features: Headlamp Type projector beam LED low/high beam headlamps Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster Tinted Windows: deep-tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance Tachometer: tachometer Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer Trip Odometer: trip odometer Printed On 10/27/2022 10:01:31 AM Page 4 of 6 Front Pedestrian Braking: pedestrian detection Forward Collision Alert: forward collision Water Temp Gauge: water temp. gauge Engine Hour Meter: engine hour meter Clock: in-radio display clock Systems Monitor: systems monitor Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil-pressure warning Water Temp Warning: water-temp. warning Battery Warning: battery warning Lights On Warning: lights-on warning Key in Ignition Warning: key-in-ignition warning Low Fuel Warning: low-fuel warning Low Washer Fluid Warning: low-washer-fluid warning Door Ajar Warning: door-ajar warning Trunk Ajar Warning: trunk-ajar warning Brake Fluid Warning: brake-fluid warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Spare Tire Type: full-size spare tire Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Security System: security system Police Perimeter Alert with video recording Electronic Stability: electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints Seats And Trim: Seating Capacity max. seating capacity of 5 Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Rear Seat Type: rear 35-30-35 split-bench seat Rear Folding Position: rear seat fold-forward seatback Leather Upholstery: cloth front seat upholstery Rear Seat Material: vinyl rear seat upholstery Headliner Material: full cloth headliner Floor Covering: full vinyl/rubber floor covering Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob Printed On 10/27/2022 10:01:31 AM Page 5 of 6 Interior Accents: metal-look interior accents Cargo Space Trim: carpet cargo space Trunk Lid: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie-downs Cargo Light: cargo light Cargo Tray: cargo tray/organizer Standard Engine: Engine 318-hp, 3.3-liter V-6 (hybrid regular gas) Standard Transmission: Transmission 10-speed automatic w/ OD Printed On 10/27/2022 10:01:31 AM Page 6 of 6