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HomeMy WebLinkAbout2023/05/23 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 May 23, 2023 9:00 a.m. May 23.2 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 Teams. Please click the Teams meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognize d 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 Mason County Board of Equalization Membership News Release 4.3 Lodging Tax Advisory Committee Membership News Release 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 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 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 and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8096120-8096317 $ 795,513.92 Direct Deposit Fund Warrant # 96406-96802 $ 799,381.10 Salary Clearing Fund Warrant # 7007346-7007382 $ 1,108,248.69 Treasurer Electronic Remittance $ 653,686.39 8.2 Approval to reappoint the following members to the Mason County Lodging Tax Advisory Committee (LTAC) for two-year terms expiring May 31, 2025: Greg Oldham (generator), Shaun Tucker (generator), Deidre Peterson (spender), and Duane Wilson (spender). 8.3 Approval to dissolve the Memorial Hall Committee. 8.4 Approval to set a Public Hearing for Tuesday, June 20, 2023 at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2023 budget. 8.5 Approval of the January 2023 – December 2026 Collective Bargaining Agreement (CBA) for Teamsters Union Local No. 252 Mason County Community Family Health. 8.6 Approval of the January 2023 – December 2026 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38, I.A.M. Mason County Deputy Prosecuting Attorneys. 8.7 Approval to appoint Kevin Frankeberger as a member and David Mallory as an alternate member to the Board of Equalization (BOE) for a two-month interim until July 31, 2023. 8.8 Approval of the agreement with Inspect2GO for cloud-based food inspection software services for $7,300 per year. 8.9 Approval for the Deputy Director of Utilities and Waste Management to execute an agreement with Kitsap County to continue providing residential household hazardous waste collection and disposal for Mason County to June 30, 2024 with the option to extend for an additional year. 8.10 Approval for the Chair to execute the Adopt-a-Road agreement between Mason County and the following volunteer organizations: Jim and Brenda Jensen assigning Bear Creek Dewatto Road from milepost 3.15 to milepost 5.15 as their designated adopted area and In Memory of Cody Shea Kenyon assigning Sunnyside Road from milepost 0.20 to milepost 3.45 as their designated adopted area. 8.11 Approval of the Resolution amending Resolution no. 2023-031 updating the Mason County Personnel Policy adding Section 7.5 Administrative Leave to give the County Administrator, in conjunction with Human Resources, authority to place an employee on administrative leave. 8.12 Approval to hire an extra-help Noxious Weed Control Inspector for the Mason County Noxious Weed Control Board. 8.13 Approval of the professional services contract with Olympic Health and Recovery Services (OHRS) for the Mason County Law Enforcement Co-Responder Program using Treatment Sales Tax funds in the amount of $180,000. 8.14 Approval to set a Public Hearing for Tuesday, June 20, 2023 at 9:15 a.m. to consider the adoption of the Washington 2021 Building Code including the new building and fire protection code standard titled WA Wildland Urban Interface Code (WAWUI) as mandated by the State Building Code Council. 8.15 Approval to advertise a Request for Proposals (RFP) for consultant services for the 2025-2045 Periodic Comprehensive Plan Update and Environmental Impact Statement (EIS). 8.16 Approval of the letter of support for Energy Northwest’s Electronic Vehicle (EV) grant application. 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: May 23, 2023 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Notice of Liquor License Approvals for Olympic Oyster Co. and Model T Pub &Eatery,Notice of potential discontinuation of Cannabis License for Cannabis Co-op,Liquor& Cannabis License renewal information, Special Occasion Liquor License Requests received from the Humane Society of Mason County,North Mason Humane Society, and North Mason Food Bank, and Notice of Liquor License Application received from JW&JH Corp. 4.1.2 Mason County Advisory Board Application received from the following: Andrea Exo for the Historic Preservation Advisory Committee. 4.1.3 Comments regarding the Sure Wood Timber Sale received from the following: Sue Klemp, John H and Liz E,Arianna Garofalo,Karla Oman,Eileen Perfrement, Claudia Martin,Alice Flegel,Michael Siptroth, Sherri Dysart, Craig Moran,Anne Peterson,Lary Coppola(Port of Allyn),Nolan Johannsen,Marta Tahja-Syrett,Reva Fowler, Sylvia Mallett-Meeks,Peggy Morell,Iner Lofgren, and Mason County Climate Justice. Attachments: Originals on file with the Clerk of the Board. wdS�71II�}On State Licensing and Regulation b• PO Box 43098 Liquor and Cannabis Board Olympia (3 98504-3098 0 Phone—(360) 664- 60 Fax—(360) 753-2710 May 3, 2023 OLYMPIC OYSTER CO. LLC RECEIVED 38470 N US HIGHWAY 101 LILLIWAUP, WA 98555-9680 Re: OLYMPIC OYSTER CO 38470 N US HIGHWAY 101 Mason County Commissioners LILLIWAUP, WA 98555-9680 LICENSE # 434705— 2M U B I: 604-042-884-001-0001 Your application for a SNACK BAR license has been approved. This license is valid through May 31, 2024. Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at (360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, please contact the Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. License information and requirements: Allows a licensee to sell beer by the opened bottle or can (no taps permitted) for on- premises consumption only. • Beer sold under this license must be purchased from a beer distributor or brewery. • Snack food as defined in WAC 314-02-010(15) must be available whenever beer is sold or served. • Snack bars must have designated seating for on-premises consumption of beer. Service and consumption may only take place in the designated seating area as shown on your approved floor plan. The designated seating area: Snack Bar Decisions 03/2020 Page 2 of 2 License No.-434705 o Must be contiguous to the point of sale; o Must be monitored by an employee while beer is sold, served or consumed; o May not be located in a different room from the point of sale; and, o May not be out of direct sight of the point of sale (cameras or other monitoring devices are not considered direct sight). • All employees involved in the sale and service of alcohol, their supervisors, and managers of the liquor licensed establishment must have a valid MAST permit within 60 days of employment. General information about your license type: • State liquor laws and rules for Snack Bars can be found in RCW 66.24.350; WAC 314-02-065; and WAC 314-02-010(15). When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). Maintaining your license Changes in ownership and location require prior Board approval. If you wish to make such changes, please contact our office for assistance. Contact Department of Revenue's Business Licensing Service for information on renewing your license. Dean Lawsmo Liquor Licensing Specialist 360-664-1623 cc: Southwest Enforcement Mason County Commissioners File Snack Bar Decisions 03/2020 Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone-(360) 664-1600 Fax-(360) 753-2710 May 5, 2023 DECEIVED FREYMAN ENTERPRISES, LLC 4dAY 0 j 2023 PO BOX 710 HOODSPORT, WA 98548-0710 Mason County Commissioners Re: MODEL T PUB & EATERY 24281 N US HIGHWAY 101 HOODSPORT, WA 98548-9456 LICENSE #361901 - 2N U B 1605-011-633-001-0001 Your SPIRITS/BR/WN REST LOUNGE - license has been approved. This license is valid through May 31, 2024. Starting summer of 2023, Department of Revenue/Business License Services (DOR/BLS) will be sending business licenses and renewal notices to the email address you have on file with your Secure Access Washington (SAW) account. You can view or update your business locations email address at My DOR Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at(360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, please contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. All employees involved in the sale and service of alcohol, their supervisors, and managers of the liquor licensed establishment must have a valid MAST permit within 60 days of employment. Persons under 21 years of age are not permitted in the lounge, except for musicians or employees who qualify under RCW 66.44.316. "Minors prohibited" signs must be posted at all restricted area entrances, and other locations as necessary, to clearly mark restricted area boundaries. SB/W Rest 9/3/14 DECISIONS Page 2 License No.-361901 Beer to be sold under this license must be purchased from a beer distributor or brewery. Wine sold under this license may be purchased from another retailer with a Wine Retailer Reseller endorsement. If you purchase spirits from a Spirits Retailer licensee, you must keep records.by stock- keeping unit(SKU) of all your purchases, including the identity of the seller and the quantities purchased. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). Your request to provide service in your outside area is approved subject to the following conditions: 1. You must own or have leasehold rights to the area where liquor will be served. 2. If food service is required, it must be available in the outside area when liquor is being , served. 3. The outside service area must be enclosed with a 42" barrier. Entrances to the outside area may not be wider than ten feet. If a licensee has more than one entrance along one wall/side, the total of all entrance areas on that side may not exceed ten feet. If the interior access into the premises is restricted (bar/lounge) or the entire premises is restricted, minor restriction signs must be posted. 4. Alcoholic beverages must be prepared in the liquor service area of the premises. 5. An employee must be responsible for control of the area when liquor is being served and consumed. 6. Lighting in the outside service area must comply with WAC 314-11-055. 7. The Board may withdraw this approval if problems arise. Alterations or changes in ownership require prior Board approval. If you wish to make such changes, please contact our office for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. `Victoria Chiarettelsmo Liquor Licensing Specialist 360-664-1608 cc: Southwest Enforcement Mason County Commissioners File SB/W Rest 9/3/14 Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 May 17, 2023 REcEi Y E® AM 17 202.3 CANNABIS CO-OP Mason County 442 SE STATE ROUTE 3 Commissioners SHELTON, WA 98584-9192 LICENSE: 429129 - 7A U BI: 603-344-725-001-0003 This letter is to notify you that your cannabis license number 429129 will be discontinued if an appeal is not received. You may no longer engage in the production, sale, or service of cannabis at the above location. If you wish to appeal this action, we must receive your appeal request by the close of business, no later than twenty (20) calendar days from the date this notice was emailed to you. Please submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 If an appeal is requested a Statement of Intent will be emailed to you with a form to formally request a hearing. Sincerely, Customer Service /JMA Licensing & Regulation T: 360 664-1600 cc: Mason County Silverdale Enforcement Cannabis Examiners Unit Finance 10/2019 Washington State fIECEIVED Liquor and Cannabis Board MMAMM VAW P 0 BOX 43098 �'�� www.liq.wa.gov Fax e: (360) 753.2710 Mason County Commissioners May 06, 2023 Dear Local Authority: RE: Cannabis License Renewal Applications In Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose cannabis licenseswill expire in abount 90 days. This is your opportunity to object to these license renewal requests as authori2ed by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a cannabis license rnewal: This letter must: fax or mall a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents Which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . I_f you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submlti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration data or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-dlsclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b)) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their cannabis license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order Ionobhei0garH6Arrdebawio3be Board members have final authority to renew the cannabis license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 314-66.165 (2)(a)) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the cannabis license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664.1600 or email us at looalauthority@sp.leb.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIO 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 05/06/2023 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20231031 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . HIGH MAINTENANCE, LLC STONEHENGE GARDENS 414111 NON-RETAIL PRIVILEGES 470 NE TOONERVILLE DR BLDG 1 CANNABIS PROCESSOR BELFAIR WA 98528 7705 2 . FORBIDDEN FARMS LLC FORBIDDEN FARMS 412275 CANNABIS PRODUCER TIER 3 421 BE SELLS DR SUITE A SHELTON - WA 98584 7790 3 . TINY DANCER ORGANICS LLC CANNABIS CO-OP 429129 NON-RETAIL PRIVILEGES 442 BE STATE ROUTE 3 CANNABIS PROCESSOR SHELTON WA 98584 9192 Washington State RECEIVED Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 May 06, 2023 Mason County Dear Local Authority: Commissioners RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per ROW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see ROW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure it Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. ROW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Oblection If the Board decides to renew the license over your objection, you will be notified in writing• At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The. administrative law -judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at localauthority@sp.lcb.wa.gov. Sincerely, Rebecca Smith — --- — - - - — Rebecca Smith, Director, Licensing and Regulation Division LID 864 07l10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 05/06/2023 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20230831 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . ANAYA - SAHAGUN INC 2 MARGARITAS 354297 SPIRITS/BR/WN REST LOUNGE - 18341 E STATE RT 3 ALLYN WA 98524 0000 2 . LAKELAND VILLAGE GOLF COURSE, LARELAND VILLAGE GOLF COURSE 070712 SPIRITS/BR/WN REST LOUNGE_ + 200 E OLD RANCH RD ALLYN------ __ ___ _ WA 98524 3 . MOMO EVENT AND MARINA LLC FAIR HARBOR MARINA 359609 GROCERY STORE - BEER/WINE 5050.E GRAPEVIEW LOOP RD GROCERY STORE - BEER/WINE ALLYN WA 98524 9767 4 . PROCTOR PUB LLC WOODSHED BAR AND GRILL 353991 SPIRITS/BR/WN REST LOUNGE - 23698 NE STATE ROUTE 3 BELFAIR WA 98528 0000 5 . S.M. MCDOUGALL, INC. MODEL T PUB & EATERY 361901 SPIRITS/BR/WN REST LOUNGE - 24281 N US HWY 101 HDOD3PORT WA 98548 0000 6 . THE HARDWARE DISTILLERY CO. THE HARDWARE DISTILLERY CO. 407749 CRAFT DISTILLERY 24210 N HWY 101 HOODSPORT WA 98548 9456 7 . HAMA HAMA COMPANY HAMA HAMA COMPANY 404916 BEER/WINE REST - BEER/WINE 35846 N'US 101 LILLIWAUP WA 98555 0000 8 . TAYLOR STATION LLC TAYLOR STATION 357262 SPIRITS/BR/WN REST LOUNGE + BE 62 LYNCH RD SHELTON WA 98584 0000 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 05/06/2023 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON. - (BY ZIP CODE) FOR EXPIRATION DATE OF 20230831 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 . ATWAL-CORPORATION ARCADIA CHEVRON _ 080754 GROCERY STORE - BEER/WINE 1730 OLYMPIC HWY S SHELTON WA 98584 1638 10 . SMOKIN MO'S LLC SMOKING MO'S - 087080 MICROBREWERY 233 S 1ST ST SPIRITS/BR/WN REST LOUNGE + SHELTON __� WA_ _98584 2243 _ _ - KEGS TO GO 11 . NORTH FORTY LODGING LLC ALDERBROOK RESORT AND SPA 353944 HOTEL 10 EAST ALDERBROOK DR HOTEL - UNION WA 98592 0000 12 . NORTH FORTY LODGING LLC MV LADY ALDERBRGOK 424582 SPIRITS/BR/WN REST SHIP/LOUNGE + 10 E ALDERBROOK DR UNION WA 98592 9426 13 . NORTH FORTY LODGING LLC UNION CITY MARKET 419551 BEER/WINE REST - BEER/WINE 5101 E STATE ROUTE 106 OFF PREMISES UNION WA 98592 9511 WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS MAY 5, 2023 RECEIVED SPECIAL OCCASION M: 093031 HUMANE SOCIETY OF MASON COUNTY Mason County 24070 STATE ROUTE 3 ry BELFAIR, WA 98528 Commissioners DATE: AUGUST 12, 2023 TIME: 5 PM TO 9 PM AUGUST 19, 2023 5 PM TO 9 PM AUGUST 26, 2023 5 PM TO 9 PM SEPTEMBER 2, 2023 5 PM TO 9 PM PLACE: WHITE BARN DECOR - 23611 NE ROUTE 3, BELFAIR CONTACT: LYNDA HASKELL (DOB: 4.28.1951) 203-406-5261 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO- 2. Do you approve of location? YES NO- 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES_ NO LAW ENFORCEMENT YES_ No HEALTH 6 SANITATION YES_ NO_ FIRE, BUILDING, ZONING YES_ NO_ OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE BE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS MAY 5, 2023 SPECIAL OCCASION #: 090035 NORTH MASON HUMANE SOCIETY RECEIVED 24070 STATE ROUTE 3 BELFAIR, WA 98528 AY 05 2023 DATE: JUNE 24, 2023 1i1 TIME: 5 PM TO 9 PM ( ALL 4 DAYS) JULY 1, 2023 Mason County JULY 8, 2023 Commissioners JULY 15, 2023 PLACE: WHITE BARN - OUTDOORS - 23611 NE WA -3, BELFAIR CONTACT: LYNDA HASKELL (DOB: 4.28.1951) 206-406-5261 SPECIAL OCCASION LICENSES + _Licenses to sell beer on a specified date for consumption at a specific place. • License to sell wine on a specific date for consumption at a specific place. • _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. • _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES_ NO 2. Do you approve of location? YES_ NO- 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES_ NO LAW ENFORCEMENT YES_ No HEALTH & SANITATION YES_ NO FIRE, BUILDING, ZONING YES_ NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS MAY 11, 2023 SPECIAL OCCASION k: 090037 RECEIVED NORTH MASON FOOD BANK t 22417 STATE ROUTE3 i,hy BELFAIR, WA 98528 DATE: JULY 22, 2023 Mason County Commissioners TIME: 5 PM TO 9 PM ( ALL 3 DAYS) DULY 29, 2023 AUGUST 5, 2023 PLACE: WHITE BARN - 23611 NE STATE ROUTE 3, BELFAIR CONTACT: TARA SCHMIDT (DOB: 12.31.1978) 775-220-1506 SPECIAL OCCASION LICENSES • _Licenses to sell beer on a specified date for consumption at a specific place. • _License to sell wine on a specific date for consumption at a specific place. • _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. • _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES_ NO 2. Do you approve of location? YES_ NO- 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES_ NO LAW ENFORCEMENT YES_ NO_ HEALTH & SANITATION YES_ NO_ FIRE, BUILDING, ZONING YES_ NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Washington State Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.w&gov TO:MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE:ASSUMPTION DATE: 5/08/23 From JW&JH,CORP Dba SUNSET BEACH GROCERY&DELI APPLICANTS: SOMANG INC License: 350485 -2N County:23 KIM,SUNGHYUN UBI: 605-205-593-001-0001 1962-07-10 KIM, HANNAH Tradename:SUNSET BEACH GROCERY&DELI 1968-06-01 Address: 17151 SR-106 RECEIVED BELFAIR WA 98528-8525 Phone No.: 503-544-6010 SUNG HYUN KIM Mason County Commissioners Privileges Applied For. GROCERY STORE-BEERIWINE As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES No 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE DECEIVED MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Mason County Fax 360-427-8437; Voice 360-427-9670, Ext.419;275.4467 or 462-5269 Commissioners I AM SEEKING APPOINTMENT TO VA(, 0gT�'��JnPj -A-D�/�'elf �('Jlt,(IV(I�►n+�f ADDRESS: nuzg - CfTY21F. VOTING PRECINCT: WORK PHONE: ORAREAINTECUJN YOU me) E-MAL _-_-__ -_------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT (IF RETIRED.PREVIOUS EXPERIENCE) (ACT1VmES OR MEMBERSHIPS) COMPANY: I(j� tN i (xy��, /Aw pvl WS POSITION: '.>,n r-{{1jIp1�/���P L, ��9— COMPANY: tZIC. LLCM YRS 'b POSntOK *Ljdl:L.-�L C 8w" � ------------------------------------------------------------------------------------------- tn your words,what do you perceive is the role or purpose of the Board, Commtttee or Council for which you are applying: I MJSV 'ME- AaQ 24 c B .A � Kl raMMr=rA nil OANULD PW b -MID IFAE2GE CAN- tU-Ca¢a_.i'. oWWPV-g OW mwkTr 14051 -11�-k-AA AND HEII or2S fDI7- -{t9TW4&AlA-'i _:hjU 10P3�- _� [ NA Q .I2--5-S-Ing=ED0J f3E�P Qhjh� W rt4+ :RE Mt ani S :hND =hm �jwo� Itg'= &jLbgjS Whet interests,skills do yvu wish to offer the Board,Committee,or Council? 1�1�JF { � Wra�rI fi31��1C- � ttnt�l �1 b Fez gt )157 M�{ Sk S MCu/b� +twDeO_C I S - .FlL1_ IStTOlC 9kA lNIC4 4M-r= ,9S 4 Q Please list any financial, professional, or voluntary emotions which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? �qrl-S Realistically,how much time can you give to this position? q Cuar,e"y Y V"ea"Y I S DailyI! Office Use Only g re Ifl ix vs17 Appointment Date s 08L. Tenn Expire Date Cassidy Perkins From: McKenzie Smith Sent: Monday, May 8, 2023 9:37 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Sue Klemp as correspondence? Thank you! H (.0 I'V E Warm regards, !<,Y McKenzie Smith Clerk ofthe Board Mason County Mason County Commissioners Office Commissioners (360)427-9670 ext.589 1 msmith@-masoncountywa.gov higp://www.masoncountywa.gov "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such, any e-mail sent to and/or from the County may be subject to public disclosure. From:Sue Klemp<sueklemp@gmail.com> Sent: Monday, May 8, 2023 9:00 AM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin<RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmaii.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 23! Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email,and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Please add your voice against these timber sales. Let our county retain such all too rare areas of older growth forests and the habitats they provide. Thank you, Sue Klemp (she/her) Repent?I can't start repenting at my time of life. I'd never get any work done.Anyway, 1 ain't sorry for most of it. --- Nanny Ogg(Carpe.lugulum,Terry Pratchett) i Cassidy Perkins From: McKenzie Smith Sent: Monday, May 8, 2023 9:36 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Liz Ellis as correspondence? Thank you! R EC EI V E® Warm regards, Ii AY 1!1L McKenzie Smith Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext. 589 1 msmith(2masoncountywa.pov Cornmissioners h!ip://www.masoncountywa.pov ""Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW As such, any e-mail sent to and/or from the County may be subject to public disclosure. From:John H and Liz E<groovyjoker@gmail.com> Sent: Monday, May 8, 2023 7:08 AM To: McKenzie Smith <MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 231 Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Part of Allyn Commissioners and Mason County Climate Justice. As a former employee of the DNR, I encourage Mason County to make informed decisions independent of what this agency suggests. Thank you, Liz Ellis t Cassidy Perkins From: McKenzie Smith Sent: Monday, May 8, 2023 11:24 AM To: Cassidy Perkins Subject: Fw: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Arianna to correspondence? Thank you so much! Warm regards, McKenzie Smith Clerk of the Board Records Specialist Mason County Commissioners Office (360)427-9670 ext.589 1 msmithng masoncountywa.gov httv://www.masoncountywa.zov •*Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From:Arianna Garofalo<arianna.athina.garofalo@gmail.com> Sent: Monday, May 8, 2023 10:40 AM To: McKenzie Smith; Kevin Shutty; Sharon Trask; Randy Neatherlin; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 231 Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email,and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password,DO NOT DO SOI Instead,report the incident. Hello, I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Sincerely, R E C LO E LD Arianna Garofalo ;ar !)8 cry Mason County Commissioners t Cassidy Perkins From: McKenzie Smith Sent: Monday, May 8, 2023 1:30 PM To: Cassidy Perkins Subject: FW:Timber Sales- Opposed To Sherwood and Plumb Bob sales - Support Port of Allyn's Commissioners and MCC's Solution Good afternoon Cassidy, Would you please add the below email from Karla as correspondence? Thank you so muc 14ECEIVED Warm regards, McKenzie Smith Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext.589 1 msmithOmasoncountywa.gov Commissioners http://www.masoncountywa.2ov r*please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such, any e-mail sent to and/or from the County may be subject to public disclosure. From: Karla Oman<karlaoman@yahoo.com> Sent: Monday, May 8, 2023 1:18 PM To: Randy Neatherlin<RandyN@masoncountywa.gov>; kdhutty@masoncountywa.gov; Sharon Trask <STrask@ maso ncountywa.gov> Cc:McKenzie Smith<MSmith@masoncountywa.gov> Subject:Timber Sales-Opposed To Sherwood and Plumb Bob sales-Support Port of Allyn's Commissioners and MCC!'s Solution Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Dear Mason County Commissioners, I am writing you today regarding the Sherwood and Plumb Bob timber sales,which I vehemently oppose. I live right at the Tahuya River estuary on North Shore Road. My parents purchased property just beyond Bald Point in 1952,and I spent all my summers here as a kid, and now live here full time. I am a voter. I spend money in the community. I have a voice, and am using it now, and will continue in the future, loudly. I will be watching what the Commissioners do regarding the Sherwood/ Sure Wood and Plumb Bob timber sales, and will be voting accordingly. My career was specifically in emergency management,disaster recovery and business continuity. My industry played an integral part in the recoveries at the Oso landslide,and I have watched clear cutting in horror of what it does to the environment, how it contributes to climate change, and how clear cutting decimates our wildlife.Additionally, I have observed and been directly impacted by what clear cutting does to roads infrastructure-all areas below clear cuts suffer greatly in inclement weather where runoff just runs down the hills, downing trees. I can point to many instances where this has occurred on North 1 Shore Road, an area of which I am most familiar. I know it occurs elsewhere in Mason County,too.And that impacts Mason County funds. Additionally,let's talk about public process.The BNR stacked the decks and ignored it.They also have failed in required environmental review. Now I turn my attention to you, and what you will do.Will you honor your constituents? Or will you fold? In a nutshell, timber sales benefit someone somewhere in the State,but take away from Mason County. Funds from the timber sales go elsewhere.And people like me, Mason County taxpayers, get to pay. Pay with money, pay with lesser quality of life,pay with landslides and road closures, pay with disrupted utilities (power), pay with decimated wildlife, pay with climate change,pay with losing old growth forest which is essential in combating climate change. I support the Port of Allyn Commissioners'letter to the BNR, as well as the Mason County Climate Justice's open letter and proposed resolution. It is very clear to me that you should, too. I will be on tomorrow`s meeting Zoom, and watching your actions very closely. Sincerely, Karla Oman Pardon any missing or errant characters... 2 Cassidy Perkins From: McKenzie Smith Sent: Monday, May 8, 2023 1:29 PM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good afternoon Cassidy, Would you please add the below email from Eileen as correspondence? Thank you so much! RECEIVED Warm regards, McKenzie Smith JAY 08211h Clerk ofthe Board Mason County Commissioners Office Mason County (360)427-9670 ext.589 1 msmithamasoncountvwa.gov Commissioners http://www.masoncountywa.gov "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Eileen Perfrement<biddinger.gene2@gmail.com> Sent: Monday, May 8, 2023 12:40 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov>; Mason County Climate Justice <masoncountyclimatejustice @gmail.com> Subject: Please take action to save Sherwood Forest before it's auctioned on May 231 Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. I am concerned about the disappearing mature forests in Mason County.They are important for wildlife habitat, particularly the salmon,very important to our ecosystem. I am also concerned about air and water quality, which mature forests help protect. In addition, I am concerned about the land slides that are likely to occur below the clear cut. I believe the small amount of school funding that will result from the sale is not worth the environmental impact.This said from a 35 year veteran of teaching public school in Washington, the last 20 years in the Shelton School District. Thank you, Eileen Perfrement 1 Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 8:40 AM To: Cassidy Perkins Subject: FW: Sherwood Forest Good morning Cassidy, Would you please add the below email from Claudia as correspondence? Thank you so much! Warm regards, McKenzie Smith Clerk of the Board Mason County Commissioners Office (360)427-9670 ext. 589 1 msmith@masoncountywa.gov Mason County http://www.masoncountywa.gov Commissioners "Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, any e-mail sent to and/or from the County may be subject to public disclosure. --Original Message--- From: Claudia Martin<claudiamartinmft@att.net> Sent: Monday, May 8, 2023 11:22 PM To: McKenzie Smith<MSmith@masoncountywa.gov> Subject: Sherwood Forest Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I am a resident of Lakeland. We are very lucky to be near a forest that contains old growth trees and a beautiful forest fauna. These are old forests and becoming very rare. It has become time to save these forest for both the future and for climate preservation. These forest are a privilege and I would very much like to be able to take my Great Grandchildren through them as a special park. So they might to be able to learn and know the importance of the varied plant life they contain. It is time Mason county step up and establish a special park with these forests. They are needed in more than one way. Destroying them is a tragedy.The acreage here is small but extremely beautiful it is time to preserve it for future generations. Thank you. Claudia 1 Martin Sent from my iPad 1 Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 8:40 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 231 Good morning Cassidy, Would you please add the below email from Alice as correspondence? Thank you so much! (" Warm regards, RECEIVED` McKenzie Smith Clerk of the Board Mason County Commissioners Office (360)427-9670 ext.589 1 msmith@masoncountywa.gov Mason County http://www.masoncountywa.gov Commissioners "Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. —Original Message-- From:A P<nostampz@outlook.com> Sent: Monday, May 8, 2023 9:59 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin<RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 231 Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Hello, My husband and I own property in Mason County. I have seen way too much old growth be cut down. It is a tragedy for our county,and state. We must protect the old growth! That is why I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. I can't urge you enough: Do not allow any timber sales in old growth woods.You have the power to save the trees which give life. Sincerely, Alice Flegel 1 Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 8:40 AM To: Cassidy Perkins Subject: FW: Save Sherwood Forest! #WorthMore Standing Good morning Cassidy, Would you please add the below email from Michael as correspondence? Thank you so much , � . V Warm regards, McKenzie Smith Clerk of the Board Mason County Commissioners Office (360)427-9670 ext. 589 1 msmithgmasoncountywa.gov Mason County hgp://www.masoncountvwa.gov Commissioners **Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW As such, any e-mail sent to ancb'or from the County may be subject to public disclosure. From: flybi112@wavecable.com <flybi112@wavecable.com> Sent: Monday, May 8, 2023 8:16 PM To: McKenzie Smith<MSmith@masoncountywa.gov> Subject:Save Sherwood Forest! #WorthMore Standing Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Dear Mason County Commissioners, Please act now to Save Sherwood Creek and Forest! There are good reasons to stop DNR's proposed clear cutting of Sure Wood Timber. Hundreds of Mason County residents/voters signed petitions, participated in meetings, spoke (or signed up to but were denied), held signs, and took time to go door to door. The Trails End Community Club wrote to the DNR Board not to cut Sherwood and did the Port of Allyn Board, plus requested of you to take action to request DNR set aside Sherwood Forest for Preservation as the WA State recently approved. If the 120-100-80-60 year old trees are cut, they will not be replaced= they are our chance to have older forests! The entire watershed, numerous animal, plant, and human communities are dependent on the Sherwood Creek! Our kids and adults need natural places to thrive. Please make Saving Sherwood Forest a priority now, so that we all can benefit in the future! For the Forest, Animals, and Waters, Michael Siptroth t z Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 8:40 AM To: Cassidy Perkins Subject: FW: Public Hearing 5/9/23 -Written comments Attachments: BOCC Comment Sure Wood 5.9.23.docx Good morning Cassidy, Would you please add the below email from Sherri as correspondence? Thank you so much!RECEIVED Warm regards, McKenzie Smith Clerk ofthe Board Mason County Commissioners Office Mason County (360)427-9670 ext.589 1 msmith(7a masoncountvwa.eov Commissioners httl)://www.masoncountywa.gov "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From:Sherri Dysart<sherridysart@gmail.com> Sent: Monday, May 8, 2023 7:11 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin<RandyN@masoncountywa.gov> Subject: Public Hearing 5/9/23-Written comments Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Hello. I plan to provide public testimony on 5/9/23, in person. My comments are probably longer than 3 minutes,so I am also sending them via email. Thank you. Sherri Dysart 1 TO: Mason County Commissioners Date: 5/9/2023 My name is Sherri Dysart. I live in Mason County. I am asking that the Mason County Commissioners consider the request from Port of Allyn Commissioners concerning the Sure Wood timber sale. I have lived in Mason County for 40 years. My husband and I settled here after graduating from Washington State University, where we both earned degrees in Forest Management. I worked for a privately owned timber company for 30 years. My husband owned and managed his own forest management company for 15 years. We understand the importance of the industry for the jobs and goods it provides. We are not anti-logging; we are "pro" responsible forest management. Responsible forestry includes being aware of the evolution of scientific research, and responding appropriately to such research. There has been an astonishing distortion of science, promoted by the timber industry. One of the things I learned from my forestry professors at WSU was to carefully evaluate who was funding the research we were reading. I am painfully aware that much of the research underpinning WA state laws, and influencing state agencies and elected officials has been, in fact, funded by the timber industry. A recent LTE to The Journal, published 5/4, repeated the lie `The oldest trees remain after harvest, and the new forests will provide younger more vibrant—growing trees that sequester more carbon than older declining trees." This lie has been thoroughly debunked by recent research. Nature, Volume 507, published 1/15/2014 . "Rate of tree carbon accumulation increases continuously with tree size" "Here we present a global analysis of 403 tropical and temperate tree species, showing that for most species mass growth rate increases continuously with tree size. Thus, large, old trees do not act simply as senescent carbon reservoirs but actively fix large amounts of carbon compared to smaller trees; at the extreme, a single big tree can add the same amount of carbon to the forest within a year as is contained in an entire mid-sized tree." In other words the mature trees in the Sure Wood timber sale, particularly those in Unit 4 of the sale, are thecarbon workhorses in this complex ecosystem where many of the trees are 80 to over 100 years old. Rather than declining in their ability to sequester carbon, they are continuing to "bulk up", increasing their carbon sequestration rates. This sale is on Common School Trust Lands, implying that the revenue generated by the harvest of this forest will benefit schools in Mason County. This is another lie. First of all, 31% of the revenue from the harvest will go back to the Department of Natural Resources to pay for that agencie's operating budget. The remaining revenue is funneled into the School Construction Assistance Program. There is no guarantee that the revenue generated by harvesting the Sure Wood timber sale will benefit any school in Mason County. On the contrary, recent analysis done by the OSPI shows that the revenue from harvests in rural counties, like Mason, is funding school construction in Redmond. Superintendent Chris Reykdal said it in plain English in a recent letter to legislators: .." the persistent narrative that we need to harvest timber or extract resources to fund schools is a 20th century concept. School construction funding derived from trust lands is less than 2% of our annual school construction capital spend and it continues to decline. There is a powerful conversation that is necessary in this state about trust land revenues, climate change, forest resiliency, carbon capture, and rural economic development, including industries that benefit from natural resources. I hope any conversation about these critical issues will migrate away from the false narrative that harvest and extraction is "necessary" to fund schools." Isn't it about time to make decisions about the mature forests in Mason County based on the best available science and with clear-headed economic analysis? I hope you will make a decision that will truly benefit the people of Mason County. Sherri Dysart Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9,2023 8:40 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good moming Cassidy, Would you please add the below email from Craig as correspondence? Thank you so much!RECEIVED Warm regards, McKenzie Smith ,1 ay !, Clerk of the Board Mason County Commissioners Office (360)427-9670 ext. 589 1 msmithfa masoncountywa.gov Mason County hn://www.masoncountywa.gov Commissioners "Please note:Mason County complies with the Public Records Act Chapter 41.56 RCW As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Craig & Marcella Moran<doghaven360@gmail.com> Sent: Monday, May 8, 2023 5:20 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin<RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 23! Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Please protect this critical wildlife habitat. Should this be taken down,the remaining bear and cougar will invariably be flushed into our communities,where the conflict would be solved with killing of the animals by WDFW. There is nowhere else for them to go. The benefits of this forest to the environment also cannot be overstated. Climate change continues to ravage the country, We need more of these types of forests, not less! As you know,they provide a cooling and air filtering effect, which is critical to our health as well. Once this forest is gone, it's gone forever. The wildlife habitat,the wildlife, the cooling,the filtering,all gone. This is our home too. As our elected representatives we are asking for you to please help us to protect this critical forest. Thankyou! Regards, Craig Moran Allyn t Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 8:40 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Anne as correspondence? Thank you so much VE® Warm regards, McKenzie Smith Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext. 589 1 msmithgmasoncountvwa.eov htto://www.masoncountywa.eov Commissioners "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Anne Peterson <tekdca6@hotmail.com> Sent: Monday, May 8, 2023 4:58 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 23! Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Sent from Mail for Windows Please save our forest!!!! Anne Peterson 1 Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 12:53 PM To: Cassidy Perkins Subject: FW: Sure Wood Timber Sale Attachments: 2023-05-01_MC Commissioners-Timber Sale_Signed.pdf Good afternoon Cassidy, Would you please add this as correspondence? This will need to be before the previous public comments regarding Sherwood Forest. DECEIVED Warm regards, McKenzie Smith ,�AY , Clerk of the Board Mason County Commissioners Office (360)427-9670 ext. 589 1 msmith(a�masoncountvwa.gov Mason County http://www.masoncountvwa.eov Commissioners "Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW As such, any a-mail sent to and/or from the County may be subject to public disclosure. From:Sharon Trask<STrask@masoncountywa.gov> Sent:Wednesday, May 3, 2023 7:35 AM To: Mark Neary<MNeary@masoncountywa.gov>; McKenzie Smith <MSmith@masoncountywa.gov> Subject: Fw: Sure Wood Timber Sale FYI sklawow Trask. Mason County Commissioner District 3 Office 360-427-9670 X419 Cell 360-688-0055 strask@masoncountvwa.aov From: Lary Coppola<Ifc@portofallyn.com> Sent:Tuesday, May 2, 2023 3:07 PM To: Kevin Shutty; Randy Neatherlin; Sharon Trask Cc: LeAnn Dennis; Judy Scott Subject:Sure Wood Timber Sale Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is 1 safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Please see the attached letter concerning the Sure Wood Timber Sale Lary Coppola a Executive Director The Port of Allyn Ifc onportofallyn.com a www.Dortofalivn.com (360) 275-2430—Office a (360) 801-3935—Wireless P.O. Box 1 • 18560 E. State Highway 3, Allyn, WA 98524 Please Consider Our Environment Before Printing This Email Special Public Disclosure Notice To Recipient(s) Information contained in any communicadon to or hem the Pod of Allyn,Including attachments,although possibly containing wnhdendai and/or commercially sensdfve hdormation,may be considered public records and therePore subject to Ne disclosure roquimments of Washington's Public Records Act,Ch.42.55 RCW.Email correspondence is maintained and archived by the Port of Allyn In accordance with applicable previsions of Washington's Public Records Act and public disclosure of yourcommunieation maybe required.If you am not,or believe you maynot be,the intended recipient,please advise the senderlmmedialely via return e-mail orby telephone at(300)275.2430,delete this email,and deshoyany ceples. 2 Port of Allyn Port Commissioners: May 1, 2023 Ted Jackson Mason County Commissioners 411 N. 5th Street Judy Scott Shelton, WA 98584 John A.Sheridan Dear Commissioners I Lary u'oo pola The Pod of Allyn finds that the Sure Wood Timber Sale would negatively impact local economic Execvdevelopment and requests your support in remedying this situation. LeAnn Dennis Operations Manager In accordance with Resolution 2023-006, and Section 31310(1)(b) of the newly passed Capital Budget, the Port of Allyn Commissioners respectfully request that you write a letter of support to the Department of Natural Resources to transfer the Sherwood Forest out of the Common Schools' Port Facilities: Trust in exchange for replacement forestland. The Dock at Allyn Thank you for protecting resources in the Port of Allyn's Port District and ensuring that Mason The All Yn County receives its fair share of the Capital Budget. Boat Launch The North Shore Marina Sincerely, Digitally signed by Digitally signed by ( Digitallysigned The North Shore Judy JkJudy Scott John A. John A.Sheridan Ted j,byTed Jadaon Boat Launch Date_2023.05.02 Date-2023.05.02 / Date:2023.05.02 Scott Sheridan,5:o342-a7•oo' JaCK50, '`,5:oa,o2 o,roo' 15:03:22-07'00' U fi The Allyn Waterfront Park Judy Scott, Commission Chair John A. Sheridan, Vice-Chair Ted Jackson, Commissioner I The Allyn Kayak Park and Launch The Port of Allyn Water Company I 18560 E State Route 3 PO Box 1 Allyn,WA 98524 360-275-2430 info®portofallyn.com w .portofallyn.com I Cassidy Perkins From: McKenzie Smith Sent: Tuesday, May 9, 2023 12:48 PM To: Cassidy Perkins Subject: FW: Sure Wood and Plumb Bob Timber Sales Good afternoon Cassidy, Would you please add the below email from Nolan to correspondence? Thank you! R EC EIY ED Warm regards, 6r McKenzie Smith 7,jAy C, t '; a Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext.5891 msmith(&masoncount ma.gov Commissioners httv://www.masoncountywa.go "Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Nolan Johannsen <nrjohannsen@gmail.com> Sent:Tuesday, May 9, 2023 9:49 AM To: McKenzie Smith<MSmith@masoncountywa.gov> Subject:Sure Wood and Plumb Bob Timber Sales Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Hello, As a resident of Lakeland Village and as a person who voted for the current county commissioners, I would like for you Commissioner's to support the Port of Allyn Commissioner's letter. We need to save what is left of uncut timber in Sherwood Forest from clear cutting.There are only 152 acres left of the 2000+acres that have not been cut. It would be a tragedy to not save the remainer for future generations.You, Commissioner's have the opportunity to save those Legacy Forests . I believe in lumber production but I also believe in leaving part of the forest as is to protect those plants and animals that depend on older growth forests. I also believe in leaving the forest in sensitive areas to protect water runoff, soil erosion and water quality which is important in this situation. These old trees are disappearing fast in this county not only due to forest cutting but also due to increase building and builder's greed for profit from a plot of land.Those old trees are not coming back.So now is the time to change your thinking before it's too late and then later wish that you had acted to protect those forest.Thank you! Nolan Johannsen (A retired Agronomist and one who in my earlier years worked for the US Forest Service and Soil Consevation Service) t Cassidy Perkins From: McKenzie Smith Sent: Wednesday, May 10, 2023 8:09 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Marta as correspondence? Thank you! E Ic ..,,, � SE® Warm regards, McKenzie Smith 12 Clerk ofthe Board Mason County Commissioners Office Mason County . (360)427-9670 matt.589 1 msmithamasoncountvwa.eov http://www.masoncountvwa.gov Commissioners "Please note. Mason County complies with the Public Records Act Chapter 42.56 RCW.As such, any e-mail sent to and/or from the County may be subject to public disclosure. From: Marta Tahja-Syrett<martatahjasyrett@gmail.com> Sent:Tuesday, May 9, 2023 6:18 PM To: McKenzie Smith<Msmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin<RandyN@masoncountywa.gov> Subject: Please take action to save Sherwood Forest before it's auctioned on May 231 Caution:External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. 1 Cassidy Perkins From: McKenzie Smith Sent: Wednesday, May 10, 2023 8:09 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below email from Reva as correspondence? Thank you! R E 4 "J iED Warm regards, McKenzie Smith i Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext. 589 I msmithpmasoncountywa.gov Commissioners hM2://www.masoncountvwa.gov "Please note: Vtason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to andior from the County may be subject to public disclosure. From: Reva Fowler<fowlerrev@gmail.com> Sent:Tuesday, May 9, 2023 4:53 PM To: McKenzie Smith <MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 23! Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Our legacy forests are critical in preserving the genetic, biological, and ecological diversity that enable the Western Washington natural forests to sustain life for millennia before hasty and ill-considered 'harvesting' began creating the environmental concerns that we face today. We MUST implement careful stewardship of the limited legacy that remains. Please Save Sherwood Forest today, and act with informed stewardship of our forests in the future. Reva Fowler Shelton Sent from Mail for Windows h.641'D Virus-free.www.avg.com 1 Cassidy Perkins From: McKenzie Smith Sent: Monday, May 15, 2023 8:35 AM To: Cassidy Perkins Subject: FW: Please take action to save Sherwood Forest before it's auctioned on May 23! Good morning Cassidy, Would you please add the below comment from Sylvia to correspondence? Thank you so much! Warm regards, RECEIVED � �`'ECE ;g McKenzie Smith • ' I v ED Clerk of the Board Mason County Commissioners Office (360)427-9670 ext. 589 1 msmith@masoncountywa.gov http://www.masoncountywa.gov Mason County Commissioners *"Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. --Original Message-- From: Sylvia mallett-meeks<sylviamallettmeeks@hotmail.com> Sent:Wednesday, May 10,2023 2:35 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov>; masoncountyclimatejustice@gmail.com Subject: Please take action to save Sherwood Forest before it's auctioned on May 23! Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. I support the letters/proposals from the Port of Allyn Commissioners and Mason County Climate Justice. Sent from my iPhone 1 Cassidy Perkins From: McKenzie Smith Sent: Monday, May 15, 2023 8:47 AM To: Cassidy Perkins Subject: FW: RE Next Monday's briefing on managing timber forest lands Good morning Cassidy, Would you please add the below email from Peggy to correspondence? Thank you so much E't r ED Warm regards, �( McKenzie Smith :; Clerk of the Board Mason County Commissioners Office Mason County (360)427-9670 ext. 589 i msmith(o)masoncountywa.gov hM://www.masoncountywa.gov COfnn115SiOnePS •*Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such, any e-mail sent to and/or from the County may be subject to public disclosure. From: Peggy Morell<peggy.morel I@gmail.com> Sent: Friday, May 12, 2023 2:18 PM To: McKenzie Smith<MSmith@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.gov>; Randy Neatherlin <RandyN@masoncountywa.gov> Subject: RE Next Monday's briefing on managing timber forest lands Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender,are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Good afternoon, I attended and provided public comment at last Tuesday's Mason County Commissioners' meeting on the issue of Sherwood State Forest. I want to thank all of you for the very welcoming atmosphere you created for residents of Mason County to come and speak to their county representatives. I have been a public servant for 20+ years, serving in the fields of public health and land use and transportation planning, specifically in the areas of community engagement. My experience of the Mason County public comment process last week was hands down one of the best in my time spent in decision-making spaces. You were all welcoming, very clear on the process, and made accommodations for the number of people who showed up to speak even though it took longer than you had scheduled. You showed a familiarity with both sides of the issue and spoke to us directly from your positions not only as decision-makers for Mason County but as part of the larger collaboration with the state. Your willingness to continue to answer questions after the commissioners' meeting was exceptional. 1 My understanding is that you will be having a briefing next Monday on managing timber forest lands. A couple of points to clarify from last Tuesday's meeting and to consider in your deliberations on Monday: • While I don't know what phone or email comments you received outside of last Tuesday's county commissioner meeting, no one who spoke on Tuesday was under the impression or stated that Sherwood State Forest was "old growth" forest. We know the definition and the difference. More to the point, it's part of the challenge of asking that Sherwood Forest be left intact. While it's not "old growth" and therefore eligible for protection by the DNR, it is an older, mature forest at the last stage before reaching old growth status. The carbon sequestering capabilities of both the trees and the forest soil are at their height, surpassing that of plantation forests and -- as timber industry spokespeople continue to insist -- IKEA furniture. Even our Commissioner of Public Lands, Hilary Franz, understands and has advocated for the value of leaving these older growth forests untouched as our giants of tomorrow. https://www.seattletimes.com/seattle-news/environment/amid- cl i mate-crisis-a-pro posal-to-save-wash i ngton-state-forests-for-carbon-storage-not- lo in • No one at last Tuesday's meeting expressed anti-logging sentiments. This is about recognizing the greater value to the public in preserving an asset that can continue to provide relief for the residents of Mason County in the face of increasing flooding, landslides and excessive heat we are all experiencing in Mason County among other benefits shared by community members last Tuesday. It's not even required that you personally or in your role as elected official put any value on or belief in the impacts of a changing climate. If left intact, Sherwood State Forest will continue to deliver its benefits regardless. • I heard a lot last Tuesday about the State Trusts Lands program being a policy requiring the cooperation of all participating agencies. I get that. But that can still be true in the face of last year's Washington State Supreme Court ruling that there are additional uses of trust lands that are of benefit to the public besides auctioning off the timber. Even without using the Capital Budget option of purchasing replacement land to protect Sherwood Forest, the DNR's own records show thousands of acres of plantation forests on state trust lands in the South Puget Sound region currently available for harvest. Rather than "pushing the problem down the road" this option says please use the plantation forests as they were designed to be used -- to provide timber products and jobs -- and don't misuse our few remaining mature forests that could deliver greater benefits if left standing. This is not about just having pretty trees to look at, as has been suggested, or a case of "of course everybody loves the forest" as was heard at the April BNR meeting as a way to dismiss public concerns. This is 500+ residents of Mason County asking their elected representatives to take the time to research, discuss and consider what is in the best interests of the people you serve. Respectfully, Peggy Morell Union, Mason County 2 Cassidy Perkins From: McKenzie Smith Sent: Monday, May 15, 2023 9:26 AM To: Cassidy Perkins Subject: FW:Thank you for supporting public working forests Good morning Cassidy, Would you please add the below email from Iner to correspondence? Thank you so much!Warm regards, RECEIVED McKenzie Smith Clerk of the Board m!,AY i5 Mason County Commissioners Office (360) 427-9670 ext. 589 1 msmith@masoncountywa.gov Mason County http://www.masoncountywa.gov Commissioners "Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, any e-mail sent to and/or from the County may be subject to public disclosure. -----Original Message----- From: Iner Lofgren <ilofgren@salishseafoods.com> Sent: Sunday, May 14, 2023 9:30 PM To: McKenzie Smith <MSmith@masoncountywa.gov> Subject:Thank you for supporting public working forests Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Dear Mason County Commissioners, Thank you for supporting our public working forests. State trust lands in Mason County support local jobs and generate much-needed funding for public schools and other local services.These trust lands are working forests that also provide clean water, recreational opportunities and quality wildlife habitat. We would lose many of these benefits if more public working forests are shut down using state funding under the Climate Commitment Act or under DNR's "carbon project" 30%of the forests in Mason County are owned by the federal government through the National Park Service and U.S. Forest Service and are set aside from sustainable timber management. Nearly 50% of DNR state trust lands in western Washington are already set aside from timber harvests under a Habitat Conservation Plan and old-growth protections. Proposals to withdraw even more working forests in Mason County, including the Sure Wood timber sale,threaten over 1,000 direct jobs supported by the forest products sector in Mason County. The withdrawal of more DNR state trusts lands from timber harvests in Mason County won't reduce carbon emissions. Instead, it will result in more imports of wood products from other countries, including those that don't share our high 1 environmental standards, and require increased use of more energy intensive building materials like concrete and steel. Scientists at the local and international level, including the Intergovernmental Panel on Climate Change (IPCC), recognize the climate benefits of forest management,timber harvest, and using more wood products—not less. Thank you for not supporting efforts to shut down working public forests, including the Sure Wood timber sale. Please keep state trust lands working for Mason County. Sincerely, Iner Lofgren z MASON COUNTY CLIMATE JUSTICE PO BOX 1585, SHELTON, WA 98584 May 8, 2023 Commissioners Sharon Trask, Randy Neatherlin, and Kevin Shutty RECEIVED Mason County Commissioners Office 411 N 5th St Building 1 Mason County Shelton, WA 98584 Commissioners Dear Mason County Commissioners, On May 2, 2023, you received a letter from the Port of Allyn Commissioners requesting your help in protecting economic development in the Port of Allyn. We ask that you listen to the Port Commissioners' request, as well as the voices of the hundreds of Mason County residents represented by this letter. Please help create a win-win solution by writing a letter to the Board of Natural Resources before May 22, requesting that the Department of Natural Resources purchase alternative working forest as replacement for canceling the Sure Wood Timber Sale in Sherwood Forest, using money from the recently passed capital budget (Section 3130 of Engrossed Senate Bill 5200) set aside by the state legislature for situations exactly like this. To date, more than 500 Mason County residents have signed a petition opposing DNR's planned Sure Wood Timber Sale, which would remove 99%of all trees in 154 acres in Sherwood Forest between Trails End Lake and Lakeland Village in Allyn, WA. Mason County residents' concerns related to this timber sale include: • Lowered property values • Disregard of homeowner interests • Undemocratic process at the Board of Natural Resources • Increased noise pollution during and after harvest • Loss of public recreation area • Loss of wildlife habitat • Negative impacts on air quality, water quality, and salmon recovery • Loss of traditional cultural harvest areas for Squaxin Island Tribal Members • Increased flooding, erosion, and run-off • Negative impacts on physical health, mental health, and safety • Diminished food security • Economic unfairness for rural,forested counties' • And more Addressing the concerns of local residents now will also ensure a good legacy for future generations. The part of Sherwood Forest planned for harvest is approximately 80-to-100 years old and includes some of the oldest forest left in the area,with stand origin dates as early as 1924 according to DNR maps. Only 6.3%of forest stands left in the Sherwood Creek watershed have origin dates older than 1946.2 Please don't allow that number to decrease any further. The proposed solution involves no net loss of working forest and no cost to Mason County. In fact, this solution will grow the state's investment in Mason County,while also increasing forested acreage in Mason County. The process for protecting Sherwood Forest by acquiring state-funded replacement forestland must be initiated by a letter from county commissioners. Time is of the essence. Sure Wood Timber Sale is scheduled for auction May 23, 2023. After that, it will cost the state money to cancel any contracts. The sooner you can send a letter to the Board of Natural Resources, the more time they will have to consider the request of Mason County elected officials and residents.We urge you to initiate this process by writing a letter to the Board of Natural Resources right away. For your convenience, we have drafted a sample resolution and letter to BNR for you, as well as included the relevant section of the capital budget, the Port of Allyn resolution/letter, and some additional relevant information. As County Commissioners,you have the unique power to orchestrate a win-win solution that will bring in millions of state dollars to Mason County, increase forested [and in Mason County, keep trust beneficiaries whole, safeguard property values, protect our local ecology, champion the voices of local elected officials and community, and ensure that Sherwood Forest thrives for the benefit of generations to come. With respect for your leadership and hope for your wise action, Mason County Climate Justice, on behalf of 535 residents of Mason County and Squaxin Island Tribal & Community Members 'The Sure Wood Timber Sale is located on Commons Schools trust land. Revenue from such timber sales go into a statewide school construction fund called School Construction Assistance Program(SOAP).SCAP funding comes from many sources,mostly sources other than timber revenue. In 2015-2021,timber revenue made up only 8%of SCAP funding and less than 2%of school construction overall. Furthermore,SCAP funding from timber harvest is fundamentally inequitable to rural,forested counties like Mason County.As WA State Superintendent of Public Instruction and member of the Board of Natural Resources Chris Reykdahl admitted to the Seattle Times: "the money from this[common schools] trust is disproportionately going to urban communities even though the revenue and the timber is generated in rural communities."For example,in 2015-2021(the most recent data that exists), DNR clearcut 597 acres in Mason County to generate$9.2 million in timber revenue for SCAP.Of that,only$2.3 million made it back into Mason County school districts.In other words,timber harvest on school trust lands provided a negative seventy-five percent(-75%) return on investment for Mason County over a 7-year period.A few legislative bills were introduced this past session to remedy this inequity, but they did not pass this year.(Sources:OSPI School Facilities Construction Projects Funding releases,DNR Annual Reports,BNR Timber Proposals,and BNR Timber Auction Results.)For more details,please watch the public comment presentation at the beginning of the May 1 Port of Allyn meeting: https://www.youtube.com/Iive/wbpIIFaPn7Q?feature=share&t--91 2 Source: DNR forest inventory data RESOLUTION NO.2023- A RESOLUTION PROTECTING SHERWOOD FOREST,OPPOSING THE SURE WOOD TIMBER SALE, AND REQUESTING REPLACEMENT FORESTLAND FUNDED FROM THE CAPITAL BUDGET WHEREAS,the mission of Mason County government is to provide essential and mandated services which will preserve and benefit the health, safety, and welfare of the general public; and WHEREAS,the proposed Sure Wood Timber Sale would threaten the health, safety, and welfare of Mason County residents without providing a net economic benefit to Mason County; and WHEREAS,the Port of Allyn Commissioners submitted a letter of request on May 2, 2023 to the Board of County Commissioners of Mason County requesting their support in protecting Sherwood Forest by requesting replacement forestland funded by the state capital budget(through the mechanism described in Sec. 3130 of Engrossed Senate Bill 5200); and WHEREAS,Sec. 3130(1)(b) of Engrossed Senate Bill 5200 appropriates$70 million dollars towards purchasing state forestland as replacement for transferring out of trust up to 2,000 acres of structurally complex, carbon dense forestland currently existing on state trust lands with, prior to the transfer, a letter of support issued to DNR by the legislative authority of the county in which the forestland is located; and WHEREAS,Sherwood Forest is structurally complex, carbon dense forestland currently existing on state trust lands in Mason County; and WHEREAS,the Mason County Commissioners are the legislative authority of the county in which the forestland is located and have the opportunity to bring millions of dollars of state funding into Mason County; and WHEREAS,the WA State Department of Natural Resources has scheduled the Sure Wood Timber Sale for auction oh May 23, 2023 but has the authority to cancel the sale before then with no loss to trust beneficiaries; and NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Mason County authorize writing a letter of support before May 22, 2023 for protecting Sherwood Forest through the mechanism described in Sec. 3130 of Engrossed Senate Bill 5200 to the Board of Natural Resources and Commissioner of Public Lands Hilary Franz. DATED this day of May, 2023. ATTEST: BOARD OF MASON COUNTY COMMISSIONERS MASON COUNTY,WA MacKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice-Chair Tim Whitehead, Chief DPA Kevin Shutty, Commissioner r MASON COUNTY COMMISSIONERS' OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 May 9, 2023 Commissioner of Public Lands Hilary Franz and the Board of Natural Resources PO Box 47001 Olympia,WA 98504-7000 Dear Commissioner Franz and the Board of Natural Resources, In accordance with Resolution No. 2023-_(see attached) and the wishes of our local residents, the Board of County Commissioners of Mason County respectfully request that you cancel the Sure Wood Timber Sale so that together we can pursue: (1) Permanently protecting Sherwood Forest by taking it out of the common schools trust and (2) Purchasing replacement land under the funding mechanism described in Section 3130 of the recently passed capital budget(Engrossed Senate Bill 5200). Furthermore, we request that replacement land be found in Mason County to best protect our economic interests, as well as the health, safety, and welfare of the general public. We look forward to working together on this win-win solution. Sincerely, Sharon Trask, Kevin Shutty, Randy Neatherlin, Chair Commissioner Commissioner x Port Of Allyn Part Commissioners: May 1,2023 Ted Jackson Mason County Commissioners 411 N. 5th Street Judy Scott Shelton, WA 98584 John A. Sheridan Dear Commissioners Lary Coppola The Port of Allyn finds that the Sure Wood Timber Sale would negatively act local economic Executive Director y g y impact development and requests your support in remedying this situation. LeAnn Dennis Operations Manager In accordance with Resolution 2023-006, and Section 31310(1)(b) of the newly passed Capital Budget, the Port of Allyn Commissioners respectfully request that you write a letter of support to the Department of Natural Resources to transfer the Sherwood Forest out of the Common Schools Port.Facilities; Trust in exchange for replacement forestland. The Dock at Allyn Thank you for protecting resources in the Port of Allyn's Port District and ensuring that Mason The All n County receives its fair share of the Capital Budget. y Boat Launch The Shore Marina Sincerely', r {{,� The North Shore Judy Digitally cosigned by John A. Digitchn All Digitally Ted Digitally signed Ted Jackson Boat Launch udy/—'Datie,.52023.05.02 .Date.2023.05.02 ,�.Dat_e:2023.05.02 Scott � 15:03:22-0T00, Sherida'n15:6342-07'00- Jacksour 15:04:02-0T00- The Allyn waterfront Park Judy Scott, Commission Chair John A. Sheridan,Vice-Chair Ted Jackson, Commissioner I The Allyn Kayak Park and Launch The Port of Allyn Water Company 18560 E State Route 3 PO Box 1 Allyn,WA 98524 360-275-2430 info®portafallyn.com www.portofallyn.com PORT OF ALLYN RESOLUTION NO.2023-6»K A RESOLUTION OPPOSING THE SURE WOOD TIMBER SALE TO PROTECT ECONOMIC DEVELOPMENT IN THE PORT OF ALLYN WHEREAS,the Port of Allyn's primary function is to promote and support economic development; and WHEREAS,the Sherwood Forest provides important economic benefits to the Port of Allyn, and WHEREAS,the.Sure Wood.Timber Sale (or any clearcut logging of Sherwood Forest)would negatively impact economic development in the Port of Allyn; and WHEREAS,the Board of Natural Resources is authorized to approve, cancel, or postpone all state trust timber sales; and WHEREAS, Sec. 3130(1)(b)of Engrossed Senate Bill"5200 appropriates$70 million dollars towards purchasing state forestland as replacement for transferring out of trust up to 2,000 acres of structurally complex, carbon dense forestland currently existing on state trust lands with, prior to the transfer, a letter of support issued to DNR by the legislative authority of the county,in which the forestland is located; and WHEREAS, Sherwood Forest is structurally complex, carbon dense forestland currently existing on state trust -lands in Mason County; and WHEREAS, any act consistent with the authority and prior to the effective date of this Resolution is hereby ratified and affirmed; and WHEREAS,the provisions of this Resolution are declared separate and severable.The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Resolution or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of the Resolution, or the validity of its application to other persons or circumstances; and' WHEREAS, this Resolution shall become effective immediately upon adoption and signature as provided by law. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS, the Board of Commissioners of the Port of Allyn formally requests that the Board of Natural Resources cancel the Sure Wood Timber Sale; and IT IS FURTHER RESOLVED, the Board of Commissioners of the Port of Allyn formally requests that the Mason.County Commissioners write a letter of support for protecting Sherwood Forest through the mechanism' described in Sec. 3130 of Engrossed Senate Bill 5200. ADOPTED by the Board of Commissioners of the Port of Allyn this 1 st day of May 2023. COMMISSIONERS: 1 Judy Scott hair Jo J a is Chair _ Te" s n, Secretary Engrossed Substitute Senate Bill 5200 Capital Budget (2023), bill as passed Sec. 3130. FOR THE DEPARTMENT OF NATURAL RESOURCES Page 148, Carbon Sequestration Forests The appropriation in this section is subject to the following conditions and limitations: $83,000,000 of the appropriation is provided solely for the purchase of property to be managed for increased carbon sequestration and carbon storage through sustainable harvests and as replacement trust lands for existing encumbered forested state trust lands; and for structurally complex, carbon dense, forested state trust lands that may be transferred from trust status.The amount provided in this section is also to be used to carry out additional silvicultural activities on state trust lands, to convene a stakeholder group and conduct additional analysis related to the management of forested state trust lands, and to cover department costs to implement this section. Of the amount provided in this section: w . (1)(a)$7o'000 000 ofthe appropnatio provided solely b!purchase forestiand in counties west of the crest of the Cascade mountains, all of Skamania county, and the western portion of Klickitat county. When feasible and appropriate, the department should prioritize the purchase of lands at risk of conversion to a nonforested use. Once purchased, the land must be considered as part of the land bank created in RCW 79.19.020. The property must be purchased before the transfer of any existing trust land is fully executed. The department must transfer the appropriated amount into the natural resources real proReV replacement account in accordance with RCW 79.17.210.33 (b)Up t d acres of structurally complex, carbon dense forestland currently existing on state trust lands may be transferred out of trust status with, prior to the transfer, a letter of suppor{ issued to the department;by the legislative authority of the county,in which'the forestland is located! Forestland transferred out of trust status'according to this subsection (1)(b) must be replaced with lands purchased in (a)of this subsection (1). Replacement lands must be of equal value to the lands transferred.The department must prepare s preliminary identification of the acres intended to be`— transferred out of trust status under this subsection Li)(b) and submit it to the board of natural resources no later than December 31, 2023i (c) The remainder of the new purchased land may be used as exchange land for any - encumbered state forest lands in Clallam, Jefferson, Pacific, Skamania, and Wahkiakum counties. Any exchanged land under this purpose must be designated as state forest transfer land and be managed under the department's habitat conservation plan and policy for sustainable forests. (d) Forested state trust lands exchanged with lands purchased under this subsection (1) may be designated by the department as natural area preserves or natural resource conservation areas without being subject to the requirements of chapter 79.70 and 79.71 RCW. The legislative authority of the county from which the real property was transferred may not request that the department distribute a percentage of the proceeds associated with the valuable materials to the legislative authority of the county from which the real property was transferred. (e) By December 1, 2023, the department must submit an initial progress report to the legislature on the implementation of this subsection (1). (2) $10,000,000 of;the appropriation is provided solely for the department to enhance forest stand growth on managed;trust lands in western Washington, employing silviculture to increase growth and vigor of the trees for healthy, resilient forests. (3)$2,500,000 of the appropriation is provided solely for the department to: (a) Contract with an independent facilitator to convene a stakeholder group comprised of a balanced representation of relevant stakeholders and tribal interests to: (i) Collaborate on approaches related to the conservation and management of older, carbon dense, structurally complex forest stands located on lands managed by the department; increasing carbon sequestration and storage in forests and harvested wood products from department managed forestlands; generating predictable beneficiary revenue; maintaining timber supplies that support local industry; and addressing economic needs in rural counties;2 (ii) Develop an understanding of current timber supply by region and the effect of potential changes to forest management practices on regional wood supply for the timber market, including an analysis of what is currently known about the needs of existing forest industry infrastructure and what information gaps exist; and (iii) Explore concepts and strategies relevant to the sequestration and storage of carbon in forests and wood products from forested state trust lands managed by the department, including the effect of potential changes to forest management practices, that satisfy the department's trust management responsibilities; and (b) Contract with universities or other researchers or consultants for additional analysis or existing research that is beneficial in the execution of this section, which must include an analysis of: (i) The existing and future demand for wood supply by region, including levels required to maintain existing industry related infrastructure, and modeled impacts on wood supply increases or decreases based on potential changes to forest management practices; (ii) Carbon accounting and quantification methodologies outlined by the intergovernmental panel on climate change as well as emerging scientific research. The methodologies considered must be used to verify and assess the potential increases or decreases in carbon sequestration and storage, in both forests and harvested wood products based on potential changes to management practices on forested state trust lands that also account for increases or decreases in the availability of wood products harvested from forests managed by the department. (c)A report of the stakeholder group's findings, including any information received in work performed in (b) of this subsection (3), must be submitted to the appropriate committees of the legislature by December 1, 2023.33 (4) $500,000 of the appropriation is provided solely for the department to analyze the appropriateness of using consulting businesses for buying large forest parcels in a competitive marketplace as a way to execute the provisions of this section, and, if appropriate, enter into contracts for that purpose. If the department does not enter into a contract or contracts with consultants for the purposes of purchasing large forest parcels, the funding appropriated for this subsection (4) may be solely used for the purposes of subsection (3) of this section. Appropriation: Natural Climate Solutions Account—State. . . . . . . $83,000,000 Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . $0 Future Biennia (Projected Costs). . . . . . . . . . $320,000,000 TOTAL. . . . . . . . . . . . . . . . . . . . . . $403,000,000 Economic Return on DNR School Trust Lands: 2015-2021* • Where does revenue from timber sales on DNR School Trust Land go? • 70%to SCAP (statewide school construction)funding • 30%to DNR • SCAP funding comes from many sources • Timber revenue made up only 8% of SCAP and<2%of all school construction funding • How is SCAP distributed? • Total funding distributed statewide: $2.7 BILLION ($226 million from timber revenue) • Total funding received by Mason County school districts: $28 million (2.3 million from timber revenue) 'Sources:OSPI[Schaal Facilities Consbuctlan Pr.]cM Funding¢leases),DNR(Annual Reports,BNRTlmbet Ptopatalg Dmbef AURfon Results)&Port afklyn(Budgets) 1 Economic Return on DNR School Trust Lands: 2015-2021* THE BOTTOM LINE • Mason County gave out 3x what we got back in school construction funding (3% timber revenue contributed vs. 1% SCAP funding received) • DNR School Trust Lands is delivering a -75% ROI: Mason County gave up 597 acres of forest and $9.2 million in timber revenue... BUT only received $2.3 million back from that 7-year investment • Indirect costs: Lowered property values near clearcuts • Property t"revenue is 57-85%of Port of Allyn revenue (2015-2023) • Timber excise tax revenue is less than 1%of Port of Allyn revenue (2015-2023) •Sources:OSPI(SchoolFdfifles Comtmaion Pmje FuMingmleaes),DNR(Annual Reports,BNR Tmbn Prapasah,Tmber Auction Results)&Port afAlbn(Budgeb) 2 w � s A Google Earth,, N sl , Y k Home's D.ireMy Below Unit of Sure Wood Timber Sale[' 44,3_� _ r AA m t 5os Co ap NEWS RELEASE May 23, 2023 - MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5Tn ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Board of Equalization Membership The Board of Mason County Commissioners is seeking applicants to fill a regular member position and an alternate member position on the Mason County Board of Equalization. The three-year terms end on May 31,2026. Applicants must reside in Mason County. The Board of Equalization is a three-member board appointed by the Mason County Commissioners. Two alternate members may also be selected. The Board's responsibility is to ensure that all property valuations are at 100%of market value, so an equitable tax assessment can be established. Taxpayers may appeal their assessments, including assessments of real and personal property, forest land,timber,and open space. The Board also considers denial of senior citizen property tax exemptions. Taxpayers can file a petition with the Board of Equalization and a hearing will be scheduled to present their appeal of their assessment for timely filed and completed petitions. Depending on the number of appeals heard each year,the Board may meet up to three days a week, throughout the year. Board members are paid$100 per diem,when in session. As required by RCW 84.48.042, the successful applicant must attend training, provided by the Washington State Department of Revenue, within one year following appointment or reappointment. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5t' Street, Shelton, or by calling Shelton 360-427-9670, ext. 380; or visit the Mason County website at www.masoncoun, wa.gov. The positions are open until filled with the first review June 6,2023. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner 5os Co ap NEWS RELEASE MAY 23, 2023 - MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: LODGING TAX ADVISORY COMMITTEE MEMBERSHIP The Mason County Commissioners are seeking applicants to fill a spending position for the Mason County Lodging Tax Advisory Committee. Pursuant to Mason County Code Chapter 2.96,the Lodging Tax Advisory Committee(LTAC)shall consist of at least five members appointed by the Board of County Commissioners. The committee shall include: At least two representatives of businesses that are required to collect the lodging tax (Generators) - At least two members who are persons involved in activities that are authorized to be funded by lodging tax revenue (Spenders) One Mason County Commissioner who shall serve as the Chair of the Lodging Tax Advisory Committee LTAC reviews and makes recommendations to the Commissioners for awarding the lodging tax. The Board of County Commissioners shall review the membership of the Lodging Advisory Tax Committee annually and make changes as appropriate. Interested persons are encouraged to apply for the Lodging Tax Advisory Committee by completing an Advisory Board Application Form that can be downloaded from the Mason County website at https://masoncgLi t a.gov/forms/advisory/Advisoryboardgpp.pdf or by calling the Commissioners' Office at(360)427-9670 ext.419.Completed applications should be submitted to the Commissioners'Office at 411 North 5'Street in Shelton.Position will remain open until filled. If there are any questions regarding the open position, please contact Diane Zoren at (360) 427- 9670 ext. 747 or dlzAmasoncounWya.gov. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Kevin Shutty, Randy Neatherlin, Chair Commissioner Commissioner C Mason County Agenda Request Form Y �1 t! To: Board of Mason County Commissioners From: Cassidy Perkins Ext.419 Department: Support Services Briefing: ❑ Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): Click or tap here to enter text. Agenda Date: May 23,2023 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: 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#8096120-8096317 $ 795,513.92 Direct Deposit Fund Warrant#96406-96802 $ 799,381.10 Salary Clearing Fund Warrant#7007346-7007382 $ 1,108,248.69 Treasurer Electronic Remittance $ 653,686.39 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 $ 20,162,071.15 Direct Deposit YTD total $ 8,529,886.32 Salary Clearing YTD total $ 8,513,684.02 Approval of Treasurer Electronic Remittances YTD total $ 3,462,703.67 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 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Cassidy Perkins Ext.419 Department: Support Services Briefing: ❑ Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Reappointment Lodging Tax Advisory Committee Members Background/Executive Summary: Pursuant to Mason County Code Chapter 2.96,the Lodging Tax Advisory Committee(LTAC)shall consist of at least five members appointed by the Board of County Commissioners. The committee shall include: At least two representatives of businesses that are required to collect the lodging tax(Generators) - At least two members who are persons involved in activities that are authorized to be funded by lodging tax revenue(Spenders) - One Mason County Commissioner who shall serve as the Chair of the Lodging Tax Advisory Committee LTAC reviews and makes recommendations to the Commissioners for awarding the lodging tax. The Board of County Commissioners shall review the membership of the Lodging Advisory Tax Committee annually and make changes as appropriate. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release,community meeting, etc.): A news release will be placed on May 23,2023,regarding an upcoming vacancy for a spending position. Requested Action: Approval to reappoint the following members to the Mason County Lodging Tax Advisory Committee for 2- year terms expiring May 31,2025: Greg Oldham(Generator), Shaun Tucker(Generator),Deidre Peterson (Spender),and Duane Wilson(Spender). Attachments: C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Cassidy Perkins Ext.419 Department: Support Services Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 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: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Approval to dissolve the Memorial Hall Committee. Background/Executive Summary: The Memorial Hall Committee is a seven-member board that oversees the utilization and maintenance of the Veteran's Memorial Hall and to set policy and rental fees regarding use of the Hall. The topic of dissolution has been reviewed and approved by legal.All concerns that would have been discussed with the Memorial Hall Committee will now be eligible for discussion with the Veterans Advisory Board whose meetings are currently held at the Memorial Hall. Said concerns will be brought back to the Commission by County staff who attend the Veterans Advisory Board meetings. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval to dissolve the Memorial Hall Committee. Attachments Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): May 22, 2023 (continued from May 15, 2023) Agenda Date: May 23, 2023 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Draft Requests for Supplemental Appropriations and Amendments to the first Budget Amendment Public Hearing for 2023 Background/Executive Summary: Requests for supplemental appropriations and amendments to the 2023 budget are attached. This request includes changes to beginning and ending fund balances to reflect actual beginning cash balances as of January 1, 2023. Budget Impact (amount, funding source, budget amendment): Total proposed increase / <decrease> to 2023 authorized expenditure appropriations: <$1,426,060>, breakdown by fund as follows: General Fund (001): $840,392 American Rescue Plan Act (155): <$2,437,073> Skokomish Flood Zone (192): <$5,963> Island Lake Management (199): <$9,022> Rustlewood Sewer & Water (411): $98,686 Information Technology (500): $86,920 Changing the 2023 budgeted beginning fund balances to reflect actual cash will have a positive net change on most ending fund balances, but several funds will go into the negative with this change and will either need to reduce expenditures or add additional unanticipated revenue. The proposed expenditure changes to the funds are reflected in the list above. Public Outreach (news release, community meeting, etc.): RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive Mason County Agenda Request Form weeks prior to the budget hearing. Requested Action: Request to set a public hearing for June 20, 2023 at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2023 budget. Attachments: Draft Resolution for 2023 Proposed Budget Amendments and 2023 Budget Amendment #1 Detail and Detailed Budget Entries C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Human Resources Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ® Human Resources ® Legal ❑ Information Technology 0 Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• January 2023—December 2026 Collective Bargaining Agreement(CBA)for Teamsters Union Local No. 252 Mason County Community Family Health Background/Executive Summary: The exclusive representatives of the Teamsters Union Local No.252 representing Mason County Community Family Health have reached a tentative agreement with Mason County for the 2023-2026 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. Budget Impact(amount, funding source,budget amendment): Supplemental—funded by Ending Fund Balance Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the January 2023—December 2026 Collective Bargaining Agreement(CBA)for Teamsters Union Local No.252 Mason County Community Family Health. Attachments Collective Bargaining Agreement on file with Clerk of the Board COLLECTIVE BARGAINING AGREEMENT January 1, 2023 - December 31, 2026 BETWEEN TEAMSTERS UNION LOCAL NO. 252 P A OapT H E Ry�O O �Pv OT O -► m 2 � d�f anti MASON COUNTY COMMUNITY AND FAMILY HEALTH AND MASON COUNTY CO���A 1854 TABLE OF CONTENTS PREAMBLE...................................................................................................................................................................... 5 ARTICLE 1 -DEFINITIONS............................................................................................................................................. 5 ARTICLE2-RECOGNITION........................................................................................................................................... 6 2.1 RECOGNITION.................................................................................................................................................. 6 2.2 NEW CLASSIFICATIONS.................................................................................................................................... 6 ARTICLE 3-UNION SECURITY...................................................................................................................................... 7 3.1 MEMBERSHIP .................................................................................................................................................. 7 3.2 NONDISCRIMINATION-UNION ACTIVITY............................................................................................................. 7 ARTICLE 4- NO STRIKE/NO LOCKOUT...................................................................................................................... 8 ARTICLE 5-MANAGEMENT RIGHTS AND RESPONSIBILITIES................................................................................. 8 ARTICLE 6-UNION/EMPLOYER RELATIONS............................................................................................................ 8 6.1 UNION ACCESS ............................................................................................................................................... 8 6.2 FACILITY USE.................................................................................................................................................. 9 6.3 STEWARDS...................................................................................................................................................... 9 6.4 ORIENTATION.................................................................................................................................................. 9 6.5 BULLETIN BOARDS.......................................................................................................................................... 9 6.6 CONTRACT DISTRIBUTION................................................................................................................................. 9 6.7 NEGOTIATIONS RELEASE TIME.......................................................................................................................... 9 6.8 GRIEVANCE RELEASE TIME.............................................................................................................................10 6.9 UNION BUSINESS............................................................................................................................................10 ARTICLE 7-EMPLOYMENT..........................................................................................................................................10 7.1 PROBATIONARY PERIODS................................................................................................................................10 7.2 TYPES OF EMPLOYMENT..................................................................................................................................1 1 7.3 CONTRACTORS...............................................................................................................................................11 7.4 STUDENTS/INTERNS ......................................................................................................................................12 ARTICLE 8-HOURS OF WORK AND OVERTIME .......................................................................................................12 8.1 WORKDAY/WORKWEEK.................................................................................................................................12 8.2 WORK SCHEDULES.........................................................................................................................................12 8.3 REST/MEAL BREAKS.....................................................................................................................................12 8.4 OVERTIME......................................................................................................................................................13 8.5 Comp TIME....................................................................................................................................................13 ARTICLE 9-EMPLOYMENT PRACTICES....................................................................................................................13 9.1 NONDISCRIMINATION.......................................................................................................................................13 9.2 JOB POSTING.................................................................................................................................................14 9.3 PROMOTIONS .................................................................................................................................................14 9.4 PERSONNEL FILE/POLICIES............................................................................................................................14 9.5 EVALUATIONS ................................................................................................................................................14 9.6 DISCIPLINE/CORRECTIVE ACTION ...................................................................................................................15 ARTICLE 10-SENIORITY..............................................................................................................................................16 10.1 DEFINITIONS..................................................................................................................................................16 10.2 APPLICATION OF SENIORITY............................................................................................................................17 10.3 PROBATIONARY PERIOD.................................................................................................................................18 10.4 LOSS OF SENIORITY.......................................................................................................................................18 10.5 LAYOFFS......................................................................................................................................................19 10.6 NOTICE.........................................................................................................................................................19 10.7 MEETING WITH UNION ....................................................................................................................................19 10.8 AFFECTED GROUP.........................................................................................................................................20 10.9 VACANT POSITIONS .......................................................................................................................................20 10.10 SENIORITY LIST.............................................................................................................................................20 10.11 ORDER OF LAYOFF........................................................................................................................................20 10.12 COMPARABLE EMPLOYMENT.........................................................................................................................21 10.13 LAYOFF OPTIONS.........................................................................................................................................21 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 2 10.14 REDUCTION HOURS/FTE.............................................................................................................................22 10.15 RECALL ......................................................................................................................................................22 10.16 VACATION&LEAVE CASH OUTS/PAY..........................................................................................................23 10.17 UNEMPLOYMENT CLAIMS..............................................................................................................................23 ARTICLE11 -WAGES ...................................................................................................................................................23 11.1 WAGE SCHEDULE........................................................................................................................................23 11.2 HIRE-IN RATES...........................................................................................................................................23 ARTICLE 12-OTHER COMPENSATION......................................................................................................................24 12.1 BILINGUAL PAY...........................................................................................................................................24 12.2 CALL-BACK PAY.........................................................................................................................................24 12.3 LEAD WORKER...........................................................................................................................................24 12.4 WORK IN A HIGHER CLASSIFICATION.............................................................................................................24 12.5 MILEAGE REIMBURSEMENT..........................................................................................................................25 12.6 LONGEVITY.................................................................................................................................................25 12.7 CERTIFICATION S/LICENSURES......................................................................................................................25 ARTICLE13 -HOLIDAYS...............................................................................................................................................25 13.1 HOLIDAYS...................................................................................................................................................25 13.2 RELIGIOUS HOLIDAYS..................................................................................................................................26 13.3 HOLIDAY OBSERVANCE................................................................................................................................26 13.4 HOLIDAY ON DAY OFF.................................................................................................................................26 13.5 HOLIDAY COMPENSATION ............................................................................................................................26 ARTICLE14-VACATION..............................................................................................................................................26 14.1 VACATION ACCRUAL...................................................................................................................................26 14.2 VACATION SCHEDULING...............................................................................................................................27 14.3 VACATION PAY............................................................................................................................................27 14.4 VACATION UPON TERMINATION.....................................................................................................................27 ARTICLE15 -SICK LEAVE............................................................................................................................................27 15.1 SICK LEAVE ACCRUAL.................................................................................................................................27 15.2 SICK LEAVE USAGE.....................................................................................................................................27 15.4 COORDINATION-WORKER'S COMPENSATION................................................................................................28 15.5 FAMILY MEMBER.........................................................................................................................................28 15.6 SICK LEAVE CASH OUT................................................................................................................................28 ARTICLE 16-LEAVES OF ABSENCE..........................................................................................................................28 16.1 IN GENERAL................................................................................................................................................28 16.2 JURY DUTY/COURT....................................................................................................................................29 16.3 MILITARY LEAVE.........................................................................................................................................29 16.4 BEREAVEMENT............................................................................................................................................29 16.5 MAINTENANCE OF SENIORITY.......................................................................................................................29 16.6 LEAVE WITHOUT PAY..................................................................................................................................29 16.7 FAMILY LEAVE-FM LA...............................................................................................................................30 16.8 MATERNITY LEAVE......................................................................................................................................30 16.9 INCLEMENT WEATHER..................................................................................................................................30 16.10 WASHINGTON STATE PAID LEAVE COMPLIANCE.............................................................................................30 16.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE..................................................................30 ARTICLE 17-HEALTH &WELFARE............................................................................................................................31 17.1 HEALTH AND LIFE INSURANCE......................................................................................................................31 17.2 RETIREMENT...............................................................................................................................................31 ARTICLE18 -TRAINING.................................................................................................................................................32 18.1 TRAINING....................................................................................................................................................32 18.2 TRAINING REIMBURSEMENT..........................................................................................................................32 ARTICLE 19-LABOR/MANAGEMENT COMMITTEES..............................................................................................32 19.1 PURPOSE OF COMMITTEE.............................................................................................................................32 19.2 COMPENSATION ..........................................................................................................................................32 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 3 ARTICLE 20-HEALTH &SAFETY................................................................................................................................32 20.1 SAFE WORKPLACE......................................................................................................................................32 20.2 HEALTH&SAFETY PLAN.............................................................................................................................33 20.3 DRUG FREE WORKPLACE ............................................................................................................................33 20.4 WORKPLACE VIOLENCE...............................................................................................................................33 ARTICLE 21 -GRIEVANCE PROCEDURE.....................................................................................................................33 21.1 GRIEVANCE DEFINED...................................................................................................................................33 21.2 GRIEVANCE PROCEDURE .............................................................................................................................34 21.3 UNION/EMPLOYER GRIEVANCE ...................................................................................................................35 21.4 SCHEDULE OF MEETINGS.............................................................................................................................35 ARTICLE 22 -GENERAL PROVISIONS.........................................................................................................................36 22.1 SAVINGS CLAUSE........................................................................................................................................36 ARTICLE 23-ENTIRE AGREEMENT............................................................................................................................36 23.1 DURATION CLAUSE......................................................................................................................................36 23.2 ENTIRE AGREEMENT....................................................................................................................................36 SIGNATURES..................................................................................................................................................................37 ATTACHMENT A-SALARY TABLE .............................................................................................................................38 ATTACHMENT A-SALARY TABLE (CONT.)...............................................................................................................39 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or"Employer," and Teamsters Union Local #252, hereinafter referred to as the"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. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly, and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamsters Union Local #252. 1.2 "Employer" shall mean the Board of Mason County Commissioners and Mason County as identified in the Preamble to this Agreement. 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 Attachment 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 partner, grandparent, parent (biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's spouse 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, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis, is a legal guardian, or is 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 Employer. 1.7 "Overtime" shall mean all Employer-required work, which has been performed more than forty (40) hours per week. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 5 1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.9 "Working Day" shall mean for the purpose of timelines associated with grievances, appeals and policy issues, an 8-hour working day, excluding holidays. 1.10 "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 1 It 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 the Teamsters Union Local 252, Centralia, Washington, has the right to bargain for all full-time and regular part- time employees of Mason County Community Services, Office of Community and Family Health, excluding supervisors, confidential employees, and clerical employees. 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 in Attachment A, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented in Attachment A, 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 orjointly. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 6 ARTICLE 3—UNION SECURITY 3.1 MEMBERSHIP 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. Within ninety (90) days of the new employee's start date, the Union shall have no less than a thirty (30) minute orientation with new employees during the employee's regular work hours. The Union will explain that it is 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 the Union 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 disabilityor 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. The 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 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 a Steward in the Union or serving on a Union committee. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 7 ARTICLE 4 - NO STRIKE / NO LOCKOUT 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 5— MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this 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, training, 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, promotions, 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. I Layoff 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. ARTICLE 6— UNION / EMPLOYER RELATIONS 6.1 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. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 8 6.2 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 Steward 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 5:00pm to 8:00am and 12:00pm to 1:00pm, unless otherwise approved by the Employer. 6.3 STEWARDS The Union may designate Steward(s) for each County Department. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as the list is received, in writing, by Human Resources. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Steward shall inform their supervisor of the need to be away from their work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that time. If such is the case, then the Department Head shall allow the Steward time to perform their 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 6.8, 6.9 and 21.4. 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. 6.4 ORIENTATION During the new employee orientation process, Human Resources will provide access to the Collective Bargaining Agreement and will notify the new hire of their shop steward. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 6.5 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. All material shall be signed by an Officer of the Union. The Union will limit the posting of any material on the Employers' premises to its bulletin board. 6.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to employees in the unit. 6.7 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 9 6.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards or Officers 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 or Officers 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. 6.9 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 6.3, 6.8 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 Officer 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. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. ARTICLE 7— EMPLOYMENT 7.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six (6) month probationary period for new employees up to an additional six (6) months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. 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 six (6) months of work, consistent with Article 9.3. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 10 7.2 TYPES OF EMPLOYMENT 7.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. 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. Medical benefits are consistent with Article 17.1. 7.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment 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 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 EMPLOYEES: An 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. 7.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. "Contractors"who are not employees of the Employer will be permitted to do bargaining unit work where both the need is occasional and temporary and when there are not regular staff either qualified or available to do such work. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 11 Should the Employer consider Subcontracting, the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present-any alternative means of cost-savings besides subcontracting for the County to consider. Although the County has the final decision on whether to subcontract, that decision must be based on economic response after considering alternatives presented by the Union. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 7.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 8— HOURS OF WORK AND OVERTIME 8.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40) hours of time actually worked or compensated for within a seven (7)day period (typically Sunday 12:00 am through Saturday 11:59 pm). Changes in the work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 8.2. 8.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 am to 5:00 pm, unless the Manager establishes an alternate work schedule pursuant to 8.3, below. The regular workweek shall normally consist of five (5) consecutive workdays with two (2) consecutive days off. Regular part-time employees normally are scheduled to work less than forty(40) hours per workweek. FLEX TIME: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and their manager. These work schedule adjustments shall not result in the application of the overtime provisions. ALTERNATE WORK SCHEDULES: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Manager, with prior notification to the employee and the Union, in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5)working days' notice from the Manager. Less than five (5) working days' notice may be given if mutually agreed between the employee and Manager. Employees may request an alternate work schedule, which is subject to approval by the Manager. CALL OUT TIME: When an employee is called out to work outside of their regular work hours, the employee shall be paid a minimum of two (2) hours' pay at the appropriate rate. The two (2) hour minimum shall not apply if the hours worked are immediately before or after the employee's regular work hours. 8.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Department Head. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 12 the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday. 8.4 OVERTIME Any employee who works more than forty(40) hours in a workweek shall be paid one and one-half(1 1/2)times their straight-time hourly rate for all such overtime hours worked. All overtime hours worked shall be approved by the Manager. Any work on a Sunday that is required by the Manager, and which falls outside of the employee's regular workweek or work schedule shall be compensated at two times the employee's regular hourly rate of pay. Upon a request to work beyond the regular workday, by mutual agreement, the parties may agree upon an adjusted workweek for that specific workweek, for purposes of employee convenience and to avoid overtime. 8.5 COMP TIME The Department Head or Manager may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the rate of one and one-half (1 1/2) their regular rate of pay for all overtime hours worked. Comp time earned may be used only on the days mutually agreed by the employees and the County. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches eighty (80) hours maximum. For employees hired on or after January 1, 2020, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used or paid out by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. 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. Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. All references to gender in this Agreement are intended to refer equally to all gender pronouns. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 13 9.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than ten (10) calendar days before the position is filled. The posting shall indicate the salary range for the position, the required or preferred minimum qualifications and/or experience, the Department to whom the position will report and the application process. 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 (from a I to a II, or III) 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. When an employee is promoted (for example Community Health Specialist I to ll, or III) they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage increase. The date of promotion will become the employee's new anniversary step date. 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 Department Head, or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine their 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 timelines 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 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 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 14 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. Evaluations are not grievable, however, 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 admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 15 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 in order to allow a Union representative an opportunity to attend. If a Union representative is not available or a 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 such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 1. That the Employer did forewarn employee of possible consequences of conduct. 2. That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer. 3. That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule. 4. That the Employer conducted its investigation objectively. 5. That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule. 6. That the Employer applied its rules, orders, and penalties without discrimination under the circumstances. 7. That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 10— SENIORITY 10.1 DEFINITIONS Classification Seniority: The service time spent in a job classification within the bargaining unit. County/Employer Seniority: The total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire, upon completion of the original six (6) month probationary period. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 16 Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra-Help position. Time in service in a temporary position shall count for leave accrual or step movement purposes only. A temporary employee or a regular employee in a temporary position who is hired without a break in service directly into a regular position in the same classification shall be credited for Office/Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 10.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 10.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff, or failure to respond to two offers of recall to former or comparable employment. 10.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency, or reorganization. Reductions in force are identified by classification within the affected Office or Department. 10.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 10.1.5 Layoff Alternatives Several alternatives exist for affected employees including: 1. Assume a vacant position - per Article 10.13.1 2. Bump - displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 10.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more County seniority as defined by this Article. 10.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 17 Seniority shall be applied in the following manner: For the purpose of layoff, seniority shall mean time spent in a job classification within the bargaining unit. For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. 10.2.1 Postings / Promotions Regarding job postings, promotion and reassignment, "qualifications" and/or "ability" will be the primary consideration, with such posting or promotion being consistent with Article 9 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. 10.2.2 Layoffs Classification Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office/ Department Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 10.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 10.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. If an employee is being recalled to a new position, the employee's qualification, and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 10.2.3. 10.3 PROBATIONARY PERIOD Upon successful completion of the probationary period for newly hired employees, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Classification seniority shall then be based on continuous service with the Department in that classification. A probationary employee does not have the right to grieve dismissal. 10.4 Loss OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on layoff status who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: ❖ resignation 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 18 ❖ discharge; ❖ retirement; ❖ Layoff/Recall list of more than eighteen (18) months; ❖ failure to respond to two (2) offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. 10.5 LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full- time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. For purposes of this article, a layoff is further identified as an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month (i.e., any reduction in hours which results in a regular position being less than their budgeted FTE). The Employer may reduce the work force because of lack of work or lack of funds. Total Classification Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by county seniority, consistent with Article 10.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. If normal attrition is not feasible, then the Employer shall determine which position(s) will be eliminated. The least senior employee(s) in the affected job classification(s) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position and unique skills are not required. 10.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 10.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 10.6 to discuss the reasons and the timelines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take a leave of absence without pay, provided the Employer notify the Union of the proposed request. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 19 10.8 AFFECTED GROUP The following procedure shall apply to any layoff: 10.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTE's to be affected by the layoff. The employee(s) holding such FTE's, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Classification seniority, within the affected job classification shall be selected for layoff, consistent with Article 10.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Classification seniority within a job classification is equal, County seniority will be the determining factor. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 10.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 10.13. 10.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 10.9 VACANT POSITIONS Positions will be filled in accordance with Article 10.2 and other sections of this Article. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 10.13.1. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 10.10 SENIORITY LIST The Employer will provide the Union with a seniority list of all employees within the bargaining unit annually or upon request. . If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 10.11 ORDER OF LAYOFF The least senior employee (by Office/Department Seniority)within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 20 help or temporary basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 10.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and workweek are substantially similar. 10.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 10.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available, and the employee can perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 10.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. they have more seniority than the employee they will bump; 2. the job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; 3. they previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and 4. they provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of their bumping right result in a greater benefit to the employee than previously held (e.g., a promotion or increase to full-time, if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14)calendar days' written notice of the layoff. If the employee is eligible to bump another employee pursuant to the conditions outlined in this subsection, then that third employee identified for layoff shall be laid off. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 10.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the Employer shall make the final decision. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 21 An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. 10.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 10.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The Employer shall determine the salary for non-regular positions not represented by the bargaining unit. 10.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 10.15 RECALL Any Regular employee who is laid off shall have their name placed on a recall list for the classification they were laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their department that they are qualified to perform. It shall be the responsibility of each person on a recall list to keep the County informed of their current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the County has mailed a certified letter (return receipt request) to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen (18) months and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which they were laid off, and refuses the offer to return, their name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification in the bargaining unit shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff), shall accrue vacation leave 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 22 at the same accrual rate in effect as of the date of layoff, and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit class ifi cation(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 10.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 10.16 VACATION & LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 15.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 10.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 11 —WAGES 11.1 WAGE SCHEDULE. Effective January 1, 2023, through December 31, 2026, each employee shall have their base wage as set forth in Appendix A adjusted by the increase as set forth below: INCREASE 1/1/23 2.00% 1/1/24 2.00% 1/1/25 2.00% 1/1/26 2.00% 11.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or with prior related experience may be placed at a step in the salary range consistent with current personnel policy. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 23 ARTICLE 12— OTHER COMPENSATION 12.1 BILINGUAL PAY Eligible employees shall receive Bi-Lingual pay for the certification level authorized by the Employer: ❖ Seventy-five dollars ($75.00) per month for the General certification ❖ One hundred dollars ($100.00) per month for the Medical certification ❖ One hundred twenty-five dollars ($125.00) per month for the Legal certification Eligibility requirements: a. The County shall determine if Bi-Lingual pay shall be utilized, the language(s) that Bi- Lingual is payable for and the number of employees eligible for Bi-lingual pay. Spanish is the current payable language. b. Bi-Lingual general, medical, or legal certification through DSHS. The County, at its discretion, may choose which certification(s) are required and acceptable substitutes, such as certification from other states. 12.2 CALL-BACK PAY All employees will respond to emergency callouts unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half(1'/2)times the regular rate, unless an adjusted work week is mutually agreed upon per Article 8.4. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 12.3 LEAD WORKER The County Department Head, with the approval of Human Resources, may designate an employee as a Lead Worker; 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 shall receive an additional 5% above their applicable rate of pay. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker will typically direct, oversee and/or organize the work of other employees. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. 12.4 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: a. providing work coverage during an authorized vacation period; b. providing work coverage during an authorized sick leave; c. providing work coverage for an authorized leave of absence; or d. providing work coverage for a currently vacant position. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 24 If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent (5%) increase. 12.5 MILEAGE REIMBURSEMENT 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 Mason County Vehicle Use Policy for all miles driven on such business. 12.6 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit 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. The longevity benefit will be implemented in accordance with the following schedule: Total Years of Service Completed Additional Pay Increment Beginning of 11th Year of County Service 1.5% Beginning of 16th Year of County Service 3.0% Beginning of 21st Year of County Service 4.5% Beginning of 26th Year of County Service 6.0% 12.7 CERTIFICATIONS/LICENSURES The County shall pay for the costs of all physical examinations, immunizations, testing (other than the basic Washington State Driver's License), and/or training that the County has required as a condition of continuing employment in the employee's classification. This benefit shall be for current employees only; it excludes the cost(s) of any certification/testing/examination required to meet the conditions of employment for the prospective employee's position. Should an employee seek to transfer to a new position requiring certification/testing/examination to meet the minimum requirements for the position, the cost shall be borne by the employee. Mason County will reimburse the annual cost of the licensure for all nurses within this bargaining unit. The payment of the nurses' Iicensure will initially be paid by the employee (Nurse) and then reimbursed in accordance with current practice for reimbursement. ARTICLE 13 - HOLIDAYS 13.1 HOLIDAYS The following list will be the annual recognized paid holidays: New Year's Day Labor Da Martin Luther King Day Veterans' Da Armistice Da President's Day Thanksgiving Da Memorial Day Day After Thanksgiving July Fourth Christmas Eve Da Juneteenth Christmas Da Two 2 - Floating Holidays For any holiday to be paid an employee must be in paid status the employee's scheduled workday before and the employee's scheduled workday after the holiday. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 25 13.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 13.3 HOLIDAY OBSERVANCE When a recognized holiday falls on Saturday, the day preceding it will be allowed, and when falling on Sunday, the day following will be allowed as a regular paid holiday. If any of the listed holidays under this agreement cannot be accommodated as an observed holiday on an employee's regularly scheduled day, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same pay period, or the employee will be compensated in accordance with Article 8.4 13.4 HOLIDAY ON DAY OFF When a holiday falls on an employee's scheduled day off, an alternate day off will be approved within the same workweek. 13.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight (8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees shall receive paid holidays 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. ARTICLE 14—VACATION 14.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6) months' employment shall be entitled to and receive vacation leave with pay as follows: 1st throw h 3rd year of employment 96 hours 4t" through 7t" year of employment 120 hours 8t" through 9t" year of employment 144 hours 101" through 11t" year of employment 160 hours 12t" through 14t" year of employment 176 hours 15t" through 16t" year of employment 184 hours 171" through 19t" year of employment 192 hours 20t" year or more 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 PIERS 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 and the fifteenth of the month. The 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. Employees shall accumulate one-twelfth (1/12t") of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 26 benefit when the maximum accrual has been attained, except when approved in writing by the Department Head. 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. Regular and temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. 14.2 VACATION SCHEDULING Vacation leave must be requested in writing, in advance, and is subject to the written approval of the Department Head or designee. Vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they have successfully completed the initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. 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. 14.3 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. 14.4 VACATION UPON TERMINATION When a Regular and Temporary full-time or Regular and Temporary part-time employee's employment terminates, the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. 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 accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours, at the 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 pay 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. Sick Leave cannot be taken before it is actually earned. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 27 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 they would have received from the Employer if able to work. SICK LEAVE -ADJUSTMENT FOR WORKER'S COMPENSATION: 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 their time loss compensation and their full regular salary unless the employee elects not to use their sick leave. C. Should an employee receive Worker's Compensation for time loss and they also receive sick leave compensation, their sick leave accrual prior to the time loss will be reduced by the total number of hours they were on sick leave minus the number of hours at full salary for which they are paid 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 accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation 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. 15.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as defined in Article 1.6. 15.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused 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 their estate. Employees hired on or after January 1, 2011, shall not be eligible to receive any cash out of their accrued sick leave upon separation from County service, and there shall be no cash out benefit provided to their estate upon the employee's death. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 28 As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized, or 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' paid bereavement leave may be taken 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 taken at the employee's request. Immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations for purposes of this article: 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. 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 PFML, FMLA or military leave. 16.6 LEAVE WITHOUT PAY An employee may request a leave of absence without pay for up to a period of(1)year.As appropriate for the type of leave requested, all allowable leave balances must be exhausted prior to taking a leave of absence without pay, except for using vacation leave during an employee's probationary period. If a leave of absence without pay is granted, the employee shall have return rights to their previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 10, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 29 Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have their date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during their probationary period, the probationary period would be extended for the same duration as the leave without pay. 16.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). All leave balances must be exhausted prior to an employee taking leave without pay. The Employer will grant leave consistent with state and federal law. Family leave shall be 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. 16.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time, consistent with the retention provision as provided in Article 16.7. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 16.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 16.10 WASHINGTON STATE PAID LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. 16.11 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The County and Union mutually agree to comply with all Washington State Long Term Services Trust Act laws, in accordance with RCW 50B.04. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 30 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. ARTICLE 17— HEALTH &WELFARE 17.1 HEALTH AND LIFE INSURANCE The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. A. Effective January 1, 2023, the contribution shall be increased to one thousand four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. 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. C. Effective January 1, 2025, the contribution shall be increased to one thousand five hundred and seventy dollars ($1570) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. D. Effective January 1, 2026, the contribution shall be increased to one thousand six hundred and twenty-two dollars ($1622) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Eligible employees are those Regular and Temporary full-time and Regular and Temporary part- time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time payouts upon separation from employment) or more per month during the calendar year. The above contribution is to be applied to premiums for PEBB Medical Plan and current County vision, dental, and life insurance plans. In the event the County's maximum monthly contribution is insufficient to provide 100% of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (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 shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 17.2 RETIREMENT 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 31 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, at a minimum quarterly, concerning suggestions and issues of a general nature affecting the Union and the Employer relations. 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. The parties therefore establish a Labor/Management Committee consisting of up to three(3) members from the Bargaining Unit and the Union staff representative, up to three (3) members from the Employer, including a representative from Human Resources, and one (1) representative from the Employer acting as clerk. The committee will meet from time to time during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. 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 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. 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. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 32 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. 20.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness For Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return-to-work provisions of the Employer's substance abuse policy. 20.4 WORKPLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against an employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 GRIEVANCE DEFINED The purpose of this 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. 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. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written 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 automatically permit the Union or the employee to advance the grievance to the next step in the grievance procedure. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 33 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 their Union representative or they 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 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 with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head 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. 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 and Union Steward/Union Representative to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the employee and the Union Steward/Union Representative 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 parties may request the Public Employment Relations Commission (PERC) to supply a list of seven (7) qualified arbitrators. If a list of 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 written referral to arbitration must be made within thirty (30) calendar days after the decision of the Human Resources Director, and a copy of the referral provided to the Department Head and the Human Resources Director. The referral to arbitration will 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 34 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 their 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 records 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 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: ❖ Investigate any grievance or dispute so that the same can be properly presented in accordance with the grievance procedure. ❖ 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. ❖ Confer with a staff representative of the Union and/or employees on Employer 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 35 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 6.3, obtaining coverage to ensure 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 provisions 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 parties shall meet within thirty (30) days for renegotiation 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 January 1, 2023, through December 31, 2026. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. 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. The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 36 SIGNATURES DATED this day of TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Brian Bla sdell, Secretary-Treasurer Sharon Trask; Commissioner ?�Zm--Ja-dk-B sines ent Kevin Shutty; Commissioner ATTEST. McKenzie Smith; Clerk of the Board Randy Neatherlin; Commissioner 1) ORIGINAL 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 37 ATTACHMENT A- SALARY TABLE All bargaining unit employees who were at step 6 on or before 1213112021 will receive their step increase to step 7 on 11112023 and their anniversary date for step increases will change to January 1, all other eligible employees will move to step 7 on their regular anniversary date in 2023. Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four 4 decimal laces. Effective 1/1/2023 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 5,747.21 5,890.89 6,038.20 6,189.12 6,343.83 6,502.44 6,665.00 6,831.62 Community Health Spec II 5,336.86 5,470.28 5,607.04 5,747.21 5,890.89 6,038.16 6,189.11 6,343.84 Community Health Spec 1 4,395.79 4,505.66 4,618.31 4,733.81 4,852.11 4,973.42 5,097.76 5,225.20 Public Health Nurse Ill 6,092.49 6,244.79 6,400.92 6,560.95 6,724.96 6,893.08 7,065.41 7,242.05 Public Health Nurse II 5,519.48 5,657.49 5,798.91 6,092.49 6,244.79 6,400.92 6,560.94 6,724.96 Public Health Nurse 1 5,125.40 5,253.55 5,384.88 5,519.48 5,657.49 5,798.91 5,943.88 6,092.48 Public Health Ed Ill 5,159.38 5,288.37 5,420.57 5,556.08 5,694.99 5,837.36 5,983.29 6,132.87 Public Health Ed II 1 4,767.61 1 4,886.84 1 5,009.01 1 5,262.57 1 5,394.14 1 5,528.98 5,667.20 1 5,808.88 Public Health Ed 1 4,557.43 4,671.36 1 4,788.16 1 4,907.84 1 5,030.57 1 5,156.33 5,285.24 5,417.37 "Includes one-time market adjustments for the following: Community Health Specialist I— 10%, Public Health Nurse 1-III—5%, and Public Health Educator I—5% Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four(4)decimal places. Effective 1/1/2024 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec Ill 5,862.15 6,008.71 6,158.96 6,312.90 6,470.71 6,632.49 6,798.30 6,968.26 Community Health Spec II 5,443.60 5,579.69 5,719.18 5,862.15 6,008.71 6,158.92 6,312.89 6,470.71 Community Health Spec 1 4,483.71 4,595.77 4,710.68 4,828.48 4,949.15 5,072.89 5,199.71 5,329.71 Public Health Nurse Ill 6,214.34 6,369.68 6,528.94 6,692.16 6,859.46 7,030.95 1 7,206.72 7,386.89 Public Health Nurse 11 5,629.87 5,770.64 5,914.89 6,214.34 6,369.68 6,528.94 6,692.16 6,859.46 Public Health Nurse 1 5,227.91 5,358.63 5,492.58 5,629.87 5,770.64 5,914.89 6,062.76 6,214.33 Public Health Ed Ill 5,262.57 1 5,394.14 1 5,528.98 1 5,667.20 1 5,808.89 5,954.11 6,102.96 6,255.53 Public Health Ed 11 4,767.61 4,886.84 5,009.01 5,262.57 5,394.14 5,528.98 1 5,667.20 5,808.88 Public Health Ed 1 4,648.57 4,764.79 4,883.93 5,005.99 5,131.18 5,259.46 5,390.94 5,525.72 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 38 ATTACHMENT A- SALARY TABLE (Cont.) Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four 4)decimal places. Effective 1/1/2025 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 5,979.40 6,128.88 6,282.14 6,439.16 6,600.12 6,765.14 6,934.27 7,107.62 Community Health Spec II 5,552.47 5,691.28 5,833.57 5,979.40 6,128.88 6,282.10 6,439.15 6,600.13 Community Health Spec 1 4,573.38 4,687.69 4,804.89 4,925.05 5,048.14 5,174.35 5,303.71 5,436.30 Public Health Nurse 111 6,338.63 6,497.08 6,659.51 6,826.01 6,996.65 7,171.57 7,350.85 7,534.63 Public Health Nurse II 5,742.47 5,886.06 6,033.18 6,338.63 6,497.08 6,659.51 6,826.00 1 6,996.65 Public Health Nurse 1 5,332.47 5,465.80 5,602.43 5,742.47 5,886.06 6,033.18 6,184.01 6,338.61 Public Health Ed 111 5,367.82 5,502.02 5,639.56 5,780.55 5,925.06 6,073.19 6,225.02 6,380.64 Public Health Ed II 4,862.96 1 4,984.58 5,109.19 5,367.82 5,502.02 5,639.56 t--t5L,78800-55 5,925.06 Public Health Ed 1 4,741.55 4,860.08 4,981.60 5,106.11 5,233.81 5,364.65 5,498.76 5,636.23 Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four 4 decimal places. Effective 1/1/2026 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec 111 6,098.99 6,251.46 6,407.78 6,567.94 6,732.12 6,900.44 7,072.95 7,249.77 Community Health Spec 11 5,663.52 5,805.11 5,950.24 6,098.99 6,251.46 6,407.74 6,567.93 6,732.13 Community Health Spec 1 4,664.85 4,781.44 4,900.99 5,023.55 5,149.10 5,277.84 5,409.78 5,545.03 Public Health Nurse 111 6,465.40 6,627.02 6,792.70 6,962.53 7,136.58 7,315.00 7,497.87 7,685.32 Public Health Nurse 11 5,857.32 1 6,003.78 6,153.85 6,465.40 6,627.02 6,792.70 6,962.52 7,136.59 Public Health Nurse 1 5,439.11 5,575.11 5,714.48 5,857.32 6,003.78 6,153.85 6,307.69 6,465.39 Public Health Ed III 5,475.18 5,612.06 5,752.35 5,896.16 6,043.57 6,194.65 6,349.52 6,508.26 Public Health Ed 11 1 4,960.22 5,084.27 1 5,211.37 1 5,475.18 1 5,612.06 1 5,752.35 1 5,896.16 1 6,043.56 Public Health Ed 1 4,836.38 4,957.28 5,081.24 5,208.23 5,338.48 5,471.94 1 5,608.74 5,748.95 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 39 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Public Works Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• January 2023—December 2026 Collective Bargaining Agreement(CBA)for Mason County and Deputy Prosecuting Attorneys Woodworkers Local Lodge W38,I.A.M. Background/Executive Summary: The exclusive representatives of the Woodworkers Local Lodge W38,I.A.M representing Mason County Deputy Prosecuting Attorneys have reached a tentative agreement with Mason County for the 2023-2026 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. Budget Impact(amount, funding source,budget amendment): Supplemental—funded by Ending Fund Balance Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the January 2023—December 2026 Collective Bargaining Agreement(CBA)for Mason County and Deputy Prosecuting Attorneys Woodworkers Local Lodge W38,I.A.M. Attachments Collective Bargaining Agreement on file with Clerk of the Board COLLECTIVE BARGAINING AGREEMENT By and Between MASON COUNTY And the MASON COUNTY PROSECUTING ATTORNEY co 1854 And WOODWORKERS LOCAL LODGE W38, I.A.M pF MACH/�y�sTs9y a O o y Q a� Z n January 1, 2023 Through December 31, 2026 Table of Contents PREAMBLE ........................................................................................................................ 3 ARTICLE I: RECOGNITION................................................................................................ 3 ARTICLE II: GRIEVANCES................................................................................................. 4 ARTICLE III: NON-DISCRIMINATION ................................................................................ 7 ARTICLE IV: WAGES AND BENEFITS .............................................................................. 7 ARTICLE V: HOLIDAYS ..................................................................................................... 9 ARTICLE VI: VACATION LEAVE........................................................................................ 9 ARTICLE VII: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA....................................10 ARTICLE VIII: CIVIL LEAVE ..............................................................................................13 ARTICLE IX: LONGEVITY.................................................................................................13 ARTICLE X: SAVINGS CLAUSE .......................................................................................14 ARTICLE XI: DURATION...................................................................................................14 APPENDIX A-WAGE TABLE ........................................................................... 15 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 2 of 15 PREAMBLE This Agreement entered into by Mason County and the Mason County Prosecuting Attorney, hereinafter referred to as the "Employer" and Woodworkers Local Lodge W38, I.A.M., hereinafter referred to as the "Union," has as its purpose the promotion of harmonious relations between Mason County, the Employer and the Union, and the establishment of an equitable and peaceful procedure for the resolution of differences, in the public interest. ARTICLE I: RECOGNITION Section 1 . The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries, hours and other conditions of employment for all full-time and regular part-time deputy prosecuting attorneys in the Prosecutor's office, hereinafter referred to as"employee", "employees", "DPA"or"DPAs", except for Rule 9 interns and confidential employees. Section 2. 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 disabilityor 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 15t" 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 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 3 of 15 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, and 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. ARTICLE II: GRIEVANCES This section shall recognize the authority of the Prosecuting Attorney under RCW 36.27.040 to revoke at-will appointments to his or her appointed Deputies, and that the provisions of RCW 41 .56.030(2) shall not require a prosecuting attorney to alter the at- will relationship by this section. Section 1. The purpose of this grievance procedure is to promote harmony and efficiency between the employees and the Employer by providing for the timely settlement of grievances without fear of discrimination or reprisal. Section 2. The term "grievance" shall mean any dispute between the Employer and the Union or an employee covered by this Agreement, concerning the interpretation, application, claim, or breach or violation of the terms of this Agreement and established personnel matters. Section 3. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. Section 4. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by appropriate parties by mutual agreement in writing with copies to the Union and the Employer. Section 5. Failure of the Employer to comply with any time limitations of a procedure in this Article shall automatically permit the aggrieved employee to advance his/her grievance to the next step of these procedures. Section 6. A grievance of interest to several employees may be filed as a "group" grievance at Step 2 of the Grievance Procedure and be processed within the time limits set forth herein. Either the Union or the Employer may initiate a grievance. The Employer 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 4 of 15 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 go to mediation. Section 7. Grievance Procedure: Step 1. Within fourteen (14) calendar days of the incident, giving rise to the grievance or within fourteen (14) calendar days of the date the grievant knew or reasonably should have known of the incident-giving rise to the grievance, the employee and/or the shop steward or other representative of the Union shall discuss the grievance with the Prosecutor. The Prosecutor shall notify the employee of any decision on the grievance within fourteen (14) calendar days of the discussion with the employee. The decision of the Prosecutor shall be final on grievances that are not directly related to Article IV, Wages and Benefits. Step 2. If the grievance is directly related to Article IV, Wages and Benefits, then within fourteen (14) calendar days after receipt of the response or expiration of the time for response in Step 1, the employee and/or Union shall reduce to writing a statement of the grievance, which shall contain the following: a. the facts upon which the grievance is based; b. the Article(s) and/or Section(s) of the Agreement allegedly violated; and c. the remedy sought. The written grievance shall be filed with the Human Resources Director, with a copy to the Prosecutor. The Human Resources Director shall schedule a meeting with the Union Representative, affected employee(s) and the Prosecutor (or designee) to hear and seek to resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human Resources Director shall provide a written response to the Union Representative, employee(s) and the Prosecutor. If the grievance is not resolved at Step 2, it may be advanced to arbitration by the Union. Section 8. Grievance Arbitration: A. Should the Union choose to advance the grievance to arbitration, written notification of its intent to arbitrate shall be submitted to the Prosecutor and Human Resources Director within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter, the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by the parties from the Public Employment Relations Commission (PERC) within thirty (30) calendar days of the date the Union filed its notice of intent to arbitrate with the County. B. If a list of 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. 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 5 of 15 C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following- 1. a stipulated agreement of the question or questions at issue. If unable to stipulate, parties shall frame their own question or questions and the arbitrator shall have authority to define the question as a first order of business at any subsequent hearing; 2. statement of facts and position of each respective party; and 3. copy of the grievance and related correspondence. The arbitration hearing shall be scheduled at a date, time and location mutually acceptable to the parties. D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as follows: 1. 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. 2. 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. 3. Each party may call witnesses. 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. 4. 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. 5. 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. ARTICLE III: NON-DISCRIMINATION Section 1. Neither the Employer, Union, nor any employee shall in any manner whatsoever discriminate against any employee on the basis of race, color, religion, creed, sex, marital status, national origin, age, or sensory, mental or physical handicaps; Except, that such factors 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 6 of 15 may be considered in employment decisions where determined to be a bona fide occupational qualification under the guidelines promulgated by the Federal Equal Employment opportunity commission. Section 2. No employee shall be discharged or discriminated against for engaging in lawful Union activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or exercising the employee's rights as a Union member, or for acting in compliance with the rules of professional conduct as mandated by the Washington State Supreme Court. ARTICLE IV: WAGES & BENEFITS Section 1. Effective January 1, 2023, through December 31, 2026, each employee shall also have their base wage as set forth in Appendix A and adjusted by an across-the-board increase as set forth below: INCREASE 1/1/2023 2.00% 1/1/2024 2.00% 1/1/2025 2.00% 1/1/2026 2.25% Step increases shall occur on the employee's anniversary date. If an employee's performance is unsatisfactory, the Prosecuting Attorney may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory. The anniversary date is defined as the employee's actual date of appointment to their current job classification. The actual day of pay increase shall be the 1st or the 16t" 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). Section 2. The County shall pay any court-sanctioned fine levied against an employee where, in the reasonable judgment of the Prosecutor, such employee was fined in the good faith performance of his duties. Section 3. The County shall pay the regular, active annual dues to the Washington State Bar Association for each employee covered by this Agreement. Should an employee terminate employment with the County prior to July 1 of the current calendar year, they shall reimburse the County a pro-rated share of dues paid to be deducted from their last paycheck. Section 4. The County shall provide indemnification and defense of an employee from liability that may arise out of the good faith performance of his/her duties. Section 5. The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. This contribution is to be applied to premiums for PEBB medical and WCIF 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 7 of 15 dental, vision and life or, with the provision of adequate notice to the County, applied to the premiums of such other carrier or carriers as designated by the Union. Eligible employees are those regular full-time and regular part-time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per month during the calendar year. A. Effective January 1 , 2023, the contribution shall be increased to one thousand, four hundred and sixty-six dollars ($1,466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1 , 2024, the contribution shall be increased to one thousand, five hundred and eighteen dollars ($1,518) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1 , 2025, the contribution shall be increased to one thousand, five hundred and seventy dollars ($1,570) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. D. Effective January 1 , 2026, the contribution shall be increased to one thousand, six hundred and twenty-two dollars ($1 ,622) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Section 6. The Employer shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. Section 7. 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. Section 8. Clothing Allowance: All employees shall receive, payable on the second pay date in July of the current calendar year, an annual clothing allowance of five hundred dollars ($500) for professional business attire. Section 9. The County and Union mutually agree to comply with all Washington State Long Term Services Trust Act statutes, in accordance with RCW 50B.04. 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 8 of 15 ARTICLE V: HOLIDAYS Section 1. The following is a list of the annual recognized holidays for employees in the Prosecutor's Office: New Year's Day Labor Da Martin Luther King Day Veterans' Da Presidents' Day Thanksgiving Da Juneteenth Friday after Thanksgiving Da Memorial Day Christmas Eve Da Independence Day Christmas Da Two 2 Floating Holidays Christmas Eve may be taken off based on the operational needs of the County and the prior approval of the Prosecutor, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval. Section 2. Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one, but not both. Section 3. When a recognized holiday falls on Saturday, the Friday preceding it will be allowed; and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a regular paid holiday. Section 4. Floating holidays may be taken at the discretion of the employee, provided the approval of the Employer is obtained, and one (1) week's advance notice is given. The one (1) week notice requirement may be waived by the Employer. Floating holidays not used by the end of the calendar year, during which they accrued, will be lost. ARTICLE VI: VACATION Section 1. Each regular full-time employee shall accrue paid vacation leave as follows: 1st through 3rd year of employment 96 hours 4t" through 7t" year of employment 120 hours 8t" through 9t" year of employment 144 hours 10t" through 11t" year of employment 160 hours 12t" through 14t" year of employment 176 hours 15t" through 16t" year of employment 184 hours 17t" through 19t" year of employment 192 hours 20t" year or more of employment 200 hours Section 2. All new employees must satisfactorily complete six (6) months of service to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra-help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 9 of 15 Section 3. Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Section 4. The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first (1st) and the fifteenth (15t") of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth (16t") and the last day of the month. Section 5. The Prosecuting Attorney is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted, in writing, at least two (2) weeks prior to taking vacation leave. Section 6. The maximum vacation leave hours that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave accrual will be added to the employee's vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained. Section 7. Eligible employees will be paid for unused accrued vacation leave upon termination of employment with Mason County, provided that no employee may receive payment for more than four hundred (400) hours. ARTICLE VII: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA Section 1. Sick Leave: 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. Regular full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the rate of eight (8) hours per month for each month of employment. Regular 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 a full-time employment Sick leave cannot be taken before it is actually earned, and sick leave accrual may not exceed one thousand two hundred (1,200) hours. 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. Authorized uses of sick leave may be utilized for immediate family as defined below. "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 spouse 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 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 10 of 15 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 Employer or designee. Section 2. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment for unused 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. Employees hired on or after January 1, 2011, 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. Section 3. Sick Leave Adjustment for Workers Compensation: 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 he/she also receives 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 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 accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation 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 an employee has no sick leave accumulated, or has exhausted all sick leave, vacation leave, or comp time, may be substituted. Section 4. Bereavement Leave: The County will provide regular, full-time and part- time employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two (2) additional days chargeable to accrued sick leave will be granted at the request of the employee. Immediate family for purposes 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 11 of 15 of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-in-law, grandfather-in-law, mother-in-law, father- in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, or niece. Section 5. Family Leave: The County and the Union mutual agree to comply with all State and Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the employee. 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. For purposes of this Article, the definition of "immediate family" will be found in Article VII, Section 1. 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. Section 6. The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave law, per RCW 50A.04. Section 7. Maternity Disability Leave: Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female Employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA or otherwise entitled under disability or sick leave paid status). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the Employer's expense. At the end of the disability leave, the Employee is entitled to return to the same job or a similar job of at least the same pay. Employees must use their accrued sick leave and vacation, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the Employee's leave may be switched over to unpaid leave. Section 8. Military Leave: 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. In addition to benefits granted under USERRA, 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). 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 12 of 15 Section 9. Leave Without Pay: Except in the case of Family Medical Leave Act related leave (and/or other protected leaves), an employee may be granted leave without pay with prior approval of the Prosecutor or designee. ARTICLE VIII: CIVIL LEAVE Section 1. Jury Duty: The County provides all employees leave for jury service. Regular full-time and part-time employees who have completed their probationary period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible. Upon completion of jury duty, you are required to provide your supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. An employee who is called to jury service for a matter which is discovered to be likely multiple-week litigation agrees to ask to be excused from such service on the basis of hardship to the Employer. Section 2. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If you are paid by the County for time you are testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless you are a party in the case. ARTICLE IX: LONGEVITY Section 1. Longevity: Employees hired on or after January 1, 2023, shall receive longevity pay (commencing upon completion of their 101" year of service) in addition to their base pay as set forth below. Employees hired before January 1, 2023, shall receive longevity pay (commencing upon completion of their 5t" year of service), in addition to their base pay, as set forth below: Continuous Years of Service Monthly Amount 6th through loth year $65.00 flat rate 11t" through 14t" year 1.5% above base 15t" through 19t" year 3.0% above base 20t" through 24t" year 4.5% above base 25t" year and over 6.0% above base ARTICLE X: SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law, all other provisions shall remain in full force and effect. If any provision in this Agreement is determined to be invalid, the parties shall meet to renegotiate the substance of the provision if demanded by either party. 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, AM Page 13 of 15 ARTICLE XI: DURATION This Agreement shall be effective upon ratification and shall remain in full force and effect through December 31, 2026, by mutual agreement superseding previous Agreements in term and effective date. Any retroactive application of provisions of this agreement shall apply only to those eligible employees under this bargaining unit who are actively employe by Mason County on the date of ratification. Either party may commence negotiations of a successor agreement by filing written notice to the other party pursuant to the provisions of Chapter 41.56 RCW. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2023. BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL MASON COUNTY LODGE W38, I.A.M. Sharon Trask, Commissioner rry Bickett, Union Representative Randy Neatherlin, Commissioner Kevin Shutty, Commissioner MASON COUNTY PROSECUTING ATTORNEY Michael Dorcy, Prosecutor 2023-2026 Agreement-Mason County Deputy Prosecuting Attomeys/Woodworkers Local Lodge W38, IAM Page 14 of 15 APPENDIX A-WAGE TABLE Effective 1/1/2023 STEPS GWI2.00% 1 2 3 4 5 6 7 8 Deputy Prosecuting Attorney 1 5,734.86 5,878.23 6,025.19 6,175.81 6,330.20 6,488.45 6,650.19 6,817.02 Deputy Prosecuting Attorney II 6,986.37 7,160.75 7,340.26 7,523.51 7,711.82 7,905.17 8,102.34 8,305.77 Senior Deputy Prosecuting 8,513.04 1 8,725.38 1 8,945.28 1 9,167.71 1 9,396.90 1 9,631.82 1 9,872.64 10,119.45 Attorney Effective 4/1/2023 STEPS One-Time Market Adjustment 1 2 3 4 5 6 7 8 5.125 Deputy Prosecuting Attorney 1 6,028.77 6,179.49 6,333.98 6,492.32 6,654.62 6,820.99 6,991.01 7,166.39 Deputy Prosecuting Attorney 11 7,344.42 7,527.74 7,716.44 7,909.09 8,107.05 8,310.31 8,517.58 8,731.44 Senior Deputy Prosecuting 8,949.34 9,172.55 9,403.72 9,637.55 9,878.49 10,125.45 10,378.61 10,638.07 Attorney Effective 1/1/2024 STEPS GWI2.00% 1 2 3 4 5 6 7 8 Deputy Prosecuting Attorney 1 6,149.35 6,303.08 6,460.66 6,622.17 6,787.72 6,957.41 7,130.83 7,309.72 Deputy Prosecuting Attorney 11 7,491.31 7,678.29 7,870.77 8,067.27 8,269.19 8,476.52 8,687.94 8,906.07 Senior Deputy Prosecuting 9,128.32 9,356.00 9,591.80 9,830.31 10,076.06 10,327.96 10,586.19 10,850.83 Attorney Effective 1/1/2025 STEPS GWI2.00% 1 2 3 4 5 6 7 8 Deputy Prosecuting Attorney 1 6,272.33 6,429.14 6,589.87 6,754.61 6,923.47 7,096.56 7,273.44 7,455.91 Deputy Prosecuting Attorney 11 7,641.13 7,831.86 8,028.19 8,228.62 8,434.58 8,646.05 8,861.69 9,084.19 Senior Deputy Prosecuting 9,310.89 9,543.12 9,783.63 10,026.91 1 10,277.59 10,534.52 10,797.91 11,067.85 Attorney Effective 1/1/2026 STEPS GWI2.25% 1 2 3 4 5 6 7 8 Deputy Prosecuting Attorney 1 6,413.46 6,573.80 6,738.15 6,906.59 7,079.25 7,256.23 7,437.10 7,623.67 Deputy Prosecuting Attorney II 7,813.06 8,008.07 8,208.82 8,413.76 8,624.36 8,840.59 9,061.08 9,288.58 Senior Deputy Prosecuting 9,520.38 9,757.84 10,003.77 10,252.52 10,508.83 10,771.54 11,040.86 11,316.88 Attorney 2023-2026 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 15 of 15 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Becky Rogers Ext. 268 Department: Human Resources Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ® Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Appointment of Kevin Frankeberger(Member)and David Mallory(Alternate Member)to the Mason County Board of Equalization for a Two-Month Interim until July 31,2023 Background/Executive Summary: It is necessary to make interim appointments to the Board of Equalization(BOE)while a news release is in circulation seeking applicants to fill both regular and alternate positions. Budget Impact(amount, funding source,budget amendment): Members receive$100 per diem when in session,the per diem is budgeted. Public Outreach (news release,community meeting, etc.): News Release will be circulated beginning May 23,2023 seeking applicants to fill open positions,first review period is June 6,2023. Requested Action: Approval to appoint Kevin Frankeberger as a member and David Mallory as an alternate member to the Board of Equalization(BOE)for a two-month interim until July 31,2023. Attachments News Release C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑X Finance ❑ Human Resources © Legal ❑X Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Food Establishment Inspection Software Background/Executive Summary: Food inspections are currently conducted using paper forms in the field. Our inspectors then come back to the office and duplicate that inspection in our current permitting and licensing system (SmartGov). Our goal is to go paperless for our food inspections and eliminate the duplication of effort we currently have for documentation. We are not currently able to use SmartGov for food inspections in the field and have identified Inspect2GO as a cost effective and capable service to augment our current program. Additionally, this service includes an online portal where anyone can look up a food establishment to view inspection reports. The cost for set-up and 1 year of service is$7,300 with a recurring cost of$7,300/year which will be supported by our Foundational Public Health Services funding. This proposal has been reviewed and approved by the IT Steering Committee. Budget Impact(amount, funding source,budget amendment): $7,300/year covered by our existing Foundational Public Health Services funding. Public Outreach (news release,community meeting, etc.): None Requested Action: Approval of the agreement with Inspect2GO for cloud-based food inspection software services for$7,300 per year. Attachments Proposal and Statement of Work Master Service Agreement Insp ect2Gd Proposal and Statement of Work For Inspect2GO Environmental Health Software Package Prepared For Mason County, WA April 5, 2023 TABLE OF CONTENTS 1. Executive Summary................................................................................. 2. Links..................................................................................................... 3. Cover Letter........................................................................................... 4. Preliminary SOW (Statement of Work) ......................................................... 5. Schedule............................. .................................................................. 6. Price .................................................................................................... 7. Terms of Sale........................................................................................... 1 Page Inspect 1) EXECUTIVE SUMMARY Inspect2GO software meets all criteria requested by Mason County. The software improves the agency's efficiency, regulatory compliance, state reporting capability, tracking, permitting, in-house reporting, public access and field inspection capabilities. 2) RELATED LINKS J!Tj Pad Food E.1imll.hm-1 1-poch-A rDA' k ay'from Oklahoma Cry,. InspectUW RETAIL • •D BIG Productivity improvement metrics resulting from Inspect2G0 0Improvement JlPeroentap) --..No FDA RETAIL . . r GRAN Oklahoma City-County Inspections per Year per Inspector -500 -700 -200 40%* FDA Standard p4 63% 76% 13 Points 20% a, 1 H r A cleWy Supports e MFDA M II d5tandarda FDA Standard#6 51% 91% 40 Points 79% Sottware,for FDA Retail Food 1 *Strong financial Return On Investment(ROI)since staff is more efficient 40% Efficiency Improvement Example: . Food Inspection: The below efficiency improvement figures were https://inspect2go.com/food published by the Oklahoma City-County Health . FDA & Regulatory Compliance Department and presented at the NEHA 2021 https://inspect2go.com/fda-food-standards conference by County staff(see 5-Min, 30-Sec mark on this video) https://www.youtube.com/watch?v=HINUbdQiQRU&t=334s 2 1 P a g e Insp ect2Gd 3) COVER LETTER 4/5/2023 To: Sunni Evans Mason County, WA Regarding: Environmental Health Software Dear Ms. Evans, Inspect2go hereby submits this proposal for its Environmental Health Software Package. The system is configured for the needs of Mason County, WA, per the Statement of Work section of this document. Sincerely, Paul Smith President Inspect2go, Inc. 949.429.4620 psmith@inspect2go.com 1001 Avenida Pico#C110, San Clemente, CA 92673 3 1 P a g e Insp ect2Gd . - ELIMINARY STATEMENT OF WORK FORMS: ® Food Program-Annual Food Application 3/29/2023 1:48 PM ® Food Program- Mobile Food Application 3/29/2023 1:48 PM ® Food Program-Temporary event Application 20... 3/29/2023 1:48 PM ® RED-BLUE&Observation Forms 3/29/2023 1:48 PM APP: • Offline capable iPad app • 2 forms provided • Regulatory code dropdowns • Photos, signatures, buttons, notes, etc. CLOUD: • Migrate —300 establishment `demographic' data (no historical data, no images and no inspections) • Scheduler (inspections, re-inspections...) • Permit— Print and send only (invoicing and payments are through a separate, unrelated system that Inspect2go does not interface with nor integrate with) • Permit applications (on back end, web-based, for Agency staff to fill in) • State Reports— Each of the following can be run for any time period between any start date and finish date (like December 1, 2022 to December 31, 2022, for example): o Inspections Conducted ■ Total ■ Routine ■ Temporary ■ Pre-Op o FBI o Red Points o Total points • An inspections report that can be posted by the county IT staff to the county website with inspection score for each restaurant that month. • Complaints: o This limited system does not include our complaint module for intake, assignment, investigating, tracking... o Instead, the system includes the following limited capability: ■ Within a permitted establishment, a section is available to log a complaint including: • basic description • how the complaint was received (phone, email, in-person, other agency) • reporting party information (name, phone number, email) ■ The system can print out the list of complaints for a given establishment ■ The system has no other capability related to complaints other than the limited items above PUBLIC PORTAL: • Public portal like this one to show inspection reports, but without photos https://occhd.inspect2go33.com/searchinspection.aspx 4 Page In s p ect2Gd 5) SCHEDULE Phase Description 1 ORDER • Year#1 Payment and Purchase Order are received 2 DISCOVERY • Kickoff Meeting • Customer provides complete and final versions of all documents and data related to the project • Company/Customer discussions are held to discuss all details • Depending on the complexity of the project, our Account Manager might visit the customer in- person for up to 1-week to shadow all agency users, and discuss the project with all agency staff and with the IT department. 'Unnecessary for Mason WA 3 SPECIFICATION • Specification (including lead times) is completed by Company and signed by both parties. • Any new requirements, documents or data that are provided after this phase will substantially delay delivery. 4 CONFIGURE/BUILD • Build ensues • UI approval of all major screens • Periodic meetings to review work in progress 5 TEST • 15t Module UAT - User Acceptance Testing of first Modules 6 TEST • Additional Modules UAT 7 DELIVERY • Release of system to customer for production use • Training is conducted (Unlimited training is included. Agency-wide training usually occurs during the 2-week period following product approval. Additional retraining is also provided when system enhancements are implemented 8 SUPPORT • Ongoing Support • Some ongoing refinements remain Estimated Delivery: Lead Time: Phases 1, 2, 3 and 5 vary by client and are outside of our control. However, the lead time between the completion of Phase 3 and initiation of Phase 5 is within our control and is estimated at 10 weeks. 5 1 P a g e nsp ect2Gd 0 Description $ Year-1 $ Year 2+ Per this proposal document and it's Statement of Work $7,300.00 $7,300.00/y Additional Fee per item for Additional Fee per item for Year's Optional Adders Year-1 2+ Windows-compatible mobile app in place of iPad mobile app Additional $13,000.00 Additional 8,000.00/year Notes: 1. The year 1 fee is due with the purchase order. All other fees (years 2 onward) are due at the beginning of each following year. For example, the year 2 fee is due 365 days following the date of the initial system purchase order. 2. Note: The price is comprehensive and includes implementation, licensing, training and maintenance. 7) TERMS OF SALE Refer to separate Master Service Agreement (MSA). In the event of a conflict between any terms of the MSA and terms of this SOW, the applicable terms of this SOW shall control. 6 1 P a g e 1ncninr%t MASTER SERVICE AGREEMENT VERSION Z This Master Service Agreement ("Agreement") is made this day of 20 between Inspect2go, Inc., a California Corporation with a principle office at 1001 Avenida Pico #C110, San Clemente, California ("Company"), and with a principle office at ("Customer"). WHEREAS, Company is engaged in the business of providing a full range of information technology consulting services; and WHEREAS, Customer desires to retain Company to perform information technology services and functions; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the parties have agreed and do agree as follows: AGREEMENT 1. Contracted Services, This Agreement shall apply to the delivery of information technology services, support, and functions as further described in the Statements of Work (SOW) that may be proposed and approved by the parties. Any such approved SOW shall be incorporated herein by reference (the services and functions described in any SOW are hereafter referred to as the "Services"). In the event that the scope of the Services is expanded, revised, or modified, for any SOW incorporated herein, the parties shall prepare and sign an amended or new SOW (or change order), which likewise shall be attached hereto and incorporated herein by reference. Absent the execution of a SOW, this Agreement does not, in and of itself, represent a commitment by Customer to receive any Services from Company or pay Company any fees. 2. Term of Agreement. (a) The term of this agreement is 5 years with commencement on the Effective Date set forth above. After the Term, and contingent upon continued funding and with the mutual agreement of both parties, this contract may be renewed at the same rate, and term, plus an increase of 2.8%/year for inflation. In the event that the SOW provides for a different Term, the SOW Term will control for that specific Statement of Work only. (b) Either party shall have the option to terminate this Agreement, without cause, by providing one hundred twenty (120) days' notice of its intent to terminate the Agreement without cause. In the event that a SOW provides for a different termination notice period, the SOW termination clause will control for that specific SOW only. (c) The Agreement can be terminated for cause, as defined in paragraph 14(a) herein, at any time provided the alleged breaching party is provided an opportunity to cure the alleged breach in the manner set forth in paragraph 14(a) below or a Permitted Delay, as defined in paragraph 14(d) herein, does not apply. 3. Fees and Payment Terms. (a) In exchange for the Services performed by Company, as set forth in any SOW, Customer agrees to compensate Company at the rates identified in the fee schedule set forth in a SOW. Such rates ui��eci2G0, Inc. - www.ni5Pec«yu.cuin This document contains confidential, proprietary, trade secret information of Inspect2GO, Ins. Page 1 of 11 1ncninr%t are exclusive of any federal, state, or local sales or use taxes, or any other taxes or fees assessed on, or in connection with any of the Services rendered herein. Customer will pay all undisputed invoices with fifteen (15) days of receipt thereof. (b) In addition, Customer shall reimburse Company its actual out-of-pocket expenses as reasonably incurred by Company in connection with the performance of Services. Additional expenses for materials, services, 3rd party software, training and hardware may only be incurred by Company and charged to Customer if prior written approval from Customer has been obtained. (c) A late charge of one and one-half percent (1'/z%) per month, or the legal maximum if less, shall accrue on past due billings unless Customer notifies Company of a billing dispute in writing prior to the payment due date. Customer shall be responsible for any costs incurred by Company in the collection of unpaid invoices including, but not limited to, collection and filing costs and reasonable attorney's fees of not less than fifteen percent (15%) of the outstanding balance due. (d) Recurring Fees and Due Dates — Fees are due in advance of each year of service. The first year of service begins upon receipt of both the purchase order and the full Year 1 Total Payment, which initiates the project. Payments for subsequent years are due on the same calendar date as the purchase order, on each subsequent year (for example, the year 2 fee is due 365 days following the date of the purchase order). Recurring fees are due regardless of the status of the project. Customer may cease recurring payments for non-performance in which case the Termination section of this document shall apply. (e) Refunds: All setup, milestone, maintenance and recurring payments, and all other payments are final. No refunds shall be provided under any circumstances. (f) If payments are not current, then Company will stop providing services and Customer must immediately discontinue use of the software. (g) Inflation: Beginning year 5, the annual fee will increase each year according to the rate of inflation according to the Consumer Price Index (CPI) 4. Specification and Out of Scope Services. a. Project work by Company initiates upon receipt of (1) purchase order, (2) initial payment, (3) signed MSA and (4) signed SOW. Company/Customer meetings are then be held to determine the exact software requirements. Company then drafts an SRS (System Requirements Specification, i.e., "Specification") for review by Customer. The SRS shall become an amendment to the SOW. Project lead time then begins upon signed execution of SRS by both parties. b. OUT OF SCOPE - ANY SERVICES EXCEEDING THOSE SET FORTH IN ANY SOW INCORPORATED HEREIN SHALL BE CONSIDERED OUT OF SCOPE. NO OUT OF SCOPE SERVICES WHATSOEVER WILL BE PROVIDED UNLESS SPECIFIED IN A CHANGE AUTHORIZATION ORDER (CAO). FOR ANY OUT OF SCOPE WORK, COMPANY WILL (1) CHARGE AN ADDITIONAL FEE AND (2) EXTEND THE DELIVERY DATE BY AT LEAST THE AMOUNT OF TIME THAT PASSES FROM THE DATE OF THE INITIAL SOFTWARE PURCHASE ORDER, TO THE DATE OF THE CAO. For example, any new or modifications to 11 i�pect2GG, n ic. - www.n iZ>PeU«yu.cui n This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 2 of 11 Incriant documents (inspection forms, permits, reports, etc.), data, functional requirements, hosting, server requirements, security features, access, process flow or any other new information that is provided to Company after the SOW has been executed shall be considered out of scope work. Any Customer requirement that is not clearly, completely and accurately specified in the SOW shall be considered out of scope work. Fees for such additional services or out of scope work will be set forth on a Change Authorization Order (CAO), which will also provide a description of the changed or additional service(s) being requested. Once a CAO is signed by both parties, it will be incorporated into the Agreement and have the same legal effect as the SOW that is incorporated into the Agreement. 5. Ownership. "Software" refers to all Software provided by Company for use by Customer, including without limitation all mobile applications, web-based applications, SaaS services, database, server, desktop and other software, nomenclature, screen designs, intellectual property, customizations, configurations, reports and contents created, utilized, enhanced or published by the Company. All Software shall become and remain in the exclusive possession and control of the Company (except to the extent utilized by Customer in accordance with the Agreement). All Software provided by the Company or used by the Company in service to this Agreement shall remain the property of the Company. All company technology shall be and remain the exclusive property of the Company. Customer shall acquire no ownership right in any of the Software provided by the Company. Customer agrees to use the same safeguards against unauthorized use of the Company's Software as it uses with respect to its own data and proprietary or sensitive information. Company agrees to provide a perpetual non-exclusive (and except as otherwise set forth herein, a royalty-free) license for utilization of the Software. Customer agrees not to sell or commercialize any Software, Software features or capabilities. Customer represents and warrants to Company that with respect to any and all written and other materials it has made or will make available to Company (including without limitation example checklists, inspection forms, documents, data and reports) shall be free of proprietary claims or claims or potential claims of unauthorized use on the part of Customer, Company or any third party. Company shall not be limited in any way from selling, marketing, promoting, or commercializing products related to this project, or that utilize materials or other information provided by Customer. Any use or improvement of the Software by the Customer must be with the signed written permission of Company. To the best of its knowledge, any material and intellectual property provided by Company does not infringe on the intellectual property of others. 5. Independent Contractor. The parties enter into this Agreement as independent contractors and nothing within this Agreement shall be construed to create a joint venture, partnership, agency, or other employment relationship between the parties. All Company employees who are assigned to perform services at any Customer owned or leased facility shall be considered to be an employee of Company only and will not be considered an agent or employee of Customer for any purpose. Company will be solely responsible for payment of all compensation owed to its employees, including all applicable federal, state and local employment taxes and will make deductions for all taxes and withholdings required by law. In no event will any Company employee be eligible for or entitled to any benefits of Customer. 6. Confidential Information. Customer acknowledges that it may receive confidential information, including proprietary information and/or trade secrets from Company in the course of Company's performing the services described in this Agreement. Confidential information shall be deemed to include all information Customer receives from the Company except information specifically designated in writing as non-confidential. Examples include, but are not limited to Inspect2go software functionality, Inspect2go software demonstrations, Inspect2go software screenshots, Inspect2go Videos (of customer meetings, or of the product or any Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 3 of 11 Incriant other Inspect2go related videos), Inspect2go's SOW, Inspect2go's MSA, Inspect2go's Specification, Process Flow Charts, Prices, etc. Customer agrees to maintain the secrecy of the Company's information and agrees not to use it, commercially exploit it, share with a competitor of the Company, share with a potential customer of the Company or publish or otherwise make such information publically available. Each party agrees to be responsible for any breach of this Agreement by its representatives. If either party or any of its representatives becomes legally compelled to disclose any of the confidential information of the other, such party will provide the disclosing party with prompt prior written notice of such requirement so that the disclosing party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, the receiving Party agrees to disclose only that portion of the confidential information which it is advised by counsel is legally required to be disclosed. Notwithstanding anything to the contrary in this Agreement, it is understood that a breach of this Paragraph would cause irreparable harm, that money damages would not be adequate to compensate a party for a breach of this Paragraph, and that the disclosing party will be entitled to equitable relief, including injunction and specific performance, in the event of any breach of the provisions of this Paragraph. No failure or delay by either party in exercising any right, power or privilege hereunder will operate as a waiver thereof. 8. Nonsolicitation of Employees. Customer will not, either directly or indirectly (except through Company) solicit, hire, contact, or contract with any Company employee, contractor, subcontractor (collectively referred to as Staff) of the Company during the term of this Agreement and for a two (2) year period following termination thereof (hereafter the "Nonsolicitation Term"). Customer will maintain confidentiality of the names and contact information of all Staff. 9. Customer Responsibilities. In addition to any obligations and responsibilities described in the SOW or elsewhere in this Agreement, Customer shall be responsible for the following: (a) To ensure that the necessary business and application knowledge is available and conveyed from the Customer's existing support team to Company's support team. (b) Provide ready access to all appropriate computing platforms, servers, data, documentation, and personnel (i.e., end users and technical representatives) necessary to fully understand the current business systems and environments throughout the life of the engagement. (c) Provide external communications capability and/or access to its work facility to enable Company's on-site project team to access the Customer's information technology system 24/7. (d) Unless stated otherwise in the SOW, the software shall be hosted by Company. In regard to Customer-hosted versions of the software, Customer shall (1) provide unrestricted, unencumbered, 24/7 access to all servers, databases, software and other technology related to the project and (2) meet all technical requirements (for servers, databases, hardware, software and other technology) that are provided by Company at any time during the Term. (e) Customer shall assign an employee or representative to be present at the work facility for any after hours or weekend Services provided by Company. In the event that Customer declines or fails to assign an employee or representative to be present during such hours, Customer waives any and all claims for any property damage or loss that occurs during such time that Company's employee(s) is on the Customer's work facility. (f) Provide passwords and access to Company employees as needed. Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 4 of 11 lncnant . (g) All third party fees, if applicable, are the sole responsibility of the Customer and Inspect2Go is not responsible for these fees. Examples may include all fees related to payments (banking fees, payment gateway, setup, payment processing, etc.), Apple Volume Purchase Program, wireless/data connectivity, 3rd party hardware (ipads), etc. Some projects have no third party fee. Customer will purchase licenses for the following, If applicable (to be discussed with Company) a. Publication of Mobile Apps: Customer (not company) shall purchase and maintain the proper accounts with the technology provider for any offline-capable mobile app. In the case of Apple for example, this is the Apple Volume Purchase Program which costs approximately $200/year. The customer (not Inspect2go) will purchase this account and ensure that it is fully operational so that Inspect2go can publish the app for the customer's use. b. No Firewalls: The customer must remove any firewalls or other security or protective services on any equipment utilized by Inspect2go that in any way affect the installation, use or successful implementation of inspect2go software. For example, if and iPad is used, there must be no software installed on the iPad that impedes the ability of the mobile app to be published and utilized on the iPad. c. Wireless service and data plans d. Payment Gateway and API (all banking, payment gateway, payment processing related software and fees are the sole responsibility of the Customer) e. Domain(s) for hosting f. Any and all 3rd party software licenses for (1) by use of the client and (2) those necessary for Company to perform its development, software integration, testing and maintenance. g. All third party fees (if any) are the sole responsibility of the Customer and Inspect2Go is not responsible for these fees. h. Others (TBD) (h) Hardware— Provide and support 1) All related hardware such as mobile devices, computer terminals, printers, etc. 2) Wireless connectivity of adequate reliability and bandwidth to utilize the software 3) Unless otherwise specified in the SOW, customer's field device shall be: a) iPad b) 32 GB c) Latest IOS d) Cellular/Data model e) Cellular/Data plan (high speed for multi-photo upload) (i) Data Protection, Security and Regulations — It is the Customer's sole responsibility, and it is not the company's responsibility, to specify any and all security, regulatory, data protection and all other legal requirements (if any exist) of the system. Other than the standard SSL Certificate, Role Based Access and unique Username/Password logins, the system meets no such requirements whatsoever, unless specifically stated in the Company's SOW. (j) Data Migration: If any data migration is required from Customer's existing systems, all data must be provided to Company by Customer, in full, prior to initiation of any work on the project, as part of the SOW, as follows: a. In a format specified by Inspect2GO b. Complete, normalized, categorized, clean and error free Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 5 of 11 ncnAr%t c. Provided in its complete and final form prior to the date of execution of the System Requirements Specification, with no changes or additions to the data whatsoever after the SRS is signed. d. Data extract will be treated as a one-time import process. That means all departmental data must relate to the same time period and contain all the dependency data/references. A consensus from all agency departments/users is needed for the same start date. e. Properly formatted and consistent. For example: addresses shall be broken down by city, state, zip, etc. f. Only data is imported, with no images or files. g. Comprehensive, satisfying all data fields for all departments h. If the main data has references/lookups (as opposed to being self-contained in the main data extract), then separate extracts are needed for the lookup tables. Each extract shall be identified and separated: for example, each lookup table must have its own named extract file. (k) Project Manager - Customer will assign a Project Manager to be the primary contact person for Company. This individual will: 1) Have full knowledge of Customer needs and full understanding of all project related documents 2) Set aside sufficient time to work with Company throughout the project 3) Have possession of (without delay) the equipment (connected computer and mobile device) for testing 4) Create itemized, clear lists of bugs and issues that may not be caught by Company's in-house QC team 5) Have authority to approve final lists of test results/bugs/changes 6) Be able to quickly and thoroughly respond to Company questions. 24-hour response is expected on most questions. 7) Have authority to approve payments to Company 10. Warranty of Services. Any warranty offered by Company for Services provided herein shall be set forth in the SOW. In the absence of any warranty language in the SOW, Company warrants that all Services performed pursuant to this Agreement will be performed in accordance with the general standards and practices of the information technology industry in existence at the time the Services are being performed. IN THE EVENT THAT THERE IS NO WARRANTY SET FORTH IN THE SOW, THE FOREGOING EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, ORAL OR WRITTEN, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT APPLICABLE. 11. Indemnification. Customer will indemnify, save harmless, and defend Company and all employees, officers, directors, agents, suppliers and subcontractors (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to this document or the services provided by Company. 12. Limitation of Liability. In no event shall Company or the "indemnified parties" listed above be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by customer or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if Company has been advised of the possibility of such damages. In no event will Company's (or indemnified parties') liability for any damages, losses and causes of actions whether in ili�pect2GO, Inc. - www.in5Pec«yu.cuin This document contains confidential, proprietary, trade secret information of Inspect2GO, In,,. Page 6 of 11 Incnant . contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 6-month period prior to the date the damage or loss occurred or the cause of action arose. Company (and indemnified parties) shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control. User agrees to and understands that this software is to be used for informational purposes only. Any information and/or result achieved from the software shall in no way be construed as verification and/or approval of the food, facility, process, property, vehicle or other item in question. This software and its results and/or score/report shall in no way be considered a substitute for a licensed and/or certified inspection of the food, facility, process, property, vehicle or other item. Company specifically disclaims any and all warrantees associated with the use and/or results of the software. Company shall not be liable for any claim of damage/liability whatsoever from any cause of action from use of the software. The software and use thereof makes no representation whatsoever on any local, city, county, state, and/or federal ordinance/law. User acknowledges that the software is not intended for any use in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage. 13. Equal Opportunity Employer. Company is an Equal Opportunity Employer and does not discriminate in recruitment, hiring, transfer, promotion, compensation, development, and termination of its employees on the basis of race, color, sex, age, marital status, national origin, handicap, religious beliefs, veteran's status or other protected category as required by applicable Federal, State and local laws. Customer likewise represents that it will not discriminate in the referral or acceptance of Consultants hereunder on the basis of race, color, sex, age, marital status, national origin, handicap, religious beliefs, veteran's status or other protected category as required by applicable federal, state and local laws. 14. Termination. (a) Termination for Cause: If either party believes that the other party has failed in any material respect to perform its obligations under this Agreement (including any Exhibits or Amendments hereto), then that party may provide written notice to the other party's management representative describing the alleged failure in reasonable detail. If the alleged failure relates to a failure to pay any sum due and owing under this Agreement or if Customer makes an unauthorized solicitation of a Company employee or other staff under the provisions of paragraph eight (8) herein, the breaching party shall have ten (10 business days after notice of such failure to cure the breach. If the breaching party fails to cure within ten (10) business days, then the non-breaching party may immediately terminate this Agreement, in whole or in part, for cause by providing written notice to the management representative of the breaching party. With respect to all other defaults, if the breaching party does not, within thirty (30) calendar days after receiving such written notice, either (a) cure the material failure or (b) if the breach is not one that can reasonably be cured within thirty (30) calendar days, then the non-breaching party may terminate this Agreement, in whole or in part, for cause by providing written notice to the management representative of the breaching party. (b) Termination for Bankruptcy: Either party shall have the immediate right to terminate this Agreement, by providing written notice to the other party, in the event that (i) the other party becomes insolvent, enters into receivership, is the subject of a voluntary or involuntary bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (ii) a substantial part of the other party's property becomes subject to any levy, seizure, assignment or sale for or by any creditor or government agency. Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 7 of 11 Incriont (c) Payments Due: The termination of this Agreement shall not release either party from the obligation to make payment of all amounts then or thereafter due and payable. (d) Permitted Delays: Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any services pursuant hereto in whole or in part, as a result of delays caused by the other party or an act of God, or other cause beyond its reasonable control and which it could not have prevented by reasonable precautions, including failures or fluctuations in electric power or telecommunication equipment, and such nonperformance shall not be a default hereunder or a ground for termination hereof. Company's time of performance shall be enlarged, if and to the extent reasonably necessary, in the event: (i) that Customer fails to submit information, instructions, approvals, test results/feedback, bug lists, or any other required element in the prescribed form or in accordance with the agreed upon schedules; (ii) of a special request by Customer or any governmental agency authorized to regulate, supervise, or impact Company's normal processing schedule; (iii) that Customer requests any "Out of Scope Services" (iv) that Customer fails to provide all hosting requirements (refer to "Customer Hosting"), (v) that customer fails to provide any of the "Customer Responsibilities" (vi) that Customer fails to provide any equipment, software, premises, data, server access, documentation (inspection forms, permit examples, etc.), specifications (SOW, etc.) or performance called for by this Agreement, and the same is necessary for Company's performance hereunder. Company will notify Customer of the estimated impact on its processing schedule, if any. Meeting the project schedule is dependent upon Customer response and third parties; therefore, Company does not commit to meeting the schedule, but will exert reasonable efforts to do so. (e) Third Party: Company is not responsible for the performance of third party items that it does not supply (3rd party software, networking equipment, computers, wireless services, etc.) (f) Continuation of Services: Company will continue to perform Services during the notice period unless otherwise mutually agreed upon by the parties in writing. In the event that Customer provides the notice of termination and directs Company not to perform the services through the notice period, Customer agrees to pay Company an amount equal to the amount normally due to Company for the notice period. Upon termination by either party, Customer will pay Company for all services performed and charges and expenses reasonably incurred by Company in connection with the services provided under this Agreement through the date of termination. (g) Use of Software: Upon termination of the Agreement (with or without cause and by either party) Customer shall cease all use of the Product/Software and the perpetual, or any other license to use the software shall terminate. 15. Miscellaneous Clauses: (a) Data base/Storage Limits Item Details Maximum Cloud Total storage for all data, images and 50 GB Storage scanned documents Cloud 1 GB Database iPad Storage Assuming 32 GB iPad is purchased. <32 GB However 64 GB and 128 GB iPads are Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 8 of 11 Incn�Ir�t `:�y` available (note - use iOS 12.0 or higher) iPad App (this spec is unaffected by the storage 20 MB Database capacity of the iPad) Photo Gallery (depending on the storage capacity of 10GB the iPad) Exceeding these limits may cause the software to fail. Some items such as cloud storage may be increased for an additional fee. (b) Offline vs. Online: i. Online — All software provided by Company includes an online component. This is compatible with the latest version of Google Chrome only, and will not function without a reliable, continuous, wireless data connection of adequate bandwidth. This software functions across multiple device types but is optimized for desktop PC screens. ii. Offline — An offline component is not provided unless it is specifically listed as a deliverable in the SOW. Offline software consists of a Native Mobile App. This app will only function on the one type of mobile device type and one operating system version to be specified in the SOW. Customer must not update its operating system version unless permission is given by Company, otherwise the software may be adversely affected. Offline functionality is very limited and only those functions that are specifically listed in the SOW as "Offline Functions" are available offline. (c) Non-Restrictive Relationship. Company may provide the same or similar services to other customers and Customer may utilize other information technology service providers that are competitive with Company. (d) Waiver. The rights and remedies provided to each of the parties herein shall be cumulative and in addition to any other rights and remedies provided by law or otherwise. Any failure in the exercise by either party of its right to terminate this Agreement or to enforce any provision of this Agreement for default or violation by the other party shall not prejudice such party's rights of termination or enforcement for any further or other's default or violation or be deemed a waiver or forfeiture of those rights. (e) Force Maieure. Neither party will be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: strikes, lockouts, or other industrial disturbances; civil disturbances; fires; acts of God; acts of a public enemy; compliance with any regulations, order, or requirement of any governmental body or agency; or inability to obtain transportation or necessary materials in the open market. (f) Notices. All notices required under or regarding this Agreement will be in writing and will be considered if delivered personally, mailed via registered or certified mail (return receipt requested and postage prepaid), given by facsimile (confirmed by certification of receipt) or sent by courier (confirmed by receipt)addressed to the following designated parties: If to Company: If to Customer: Company Name: Inspect2go Customer Name: Attention: Paul Smith Attention: Address: 1001 Avenida Pico #C110 Address: Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 9 of 11 Incriont , San Clemente, CA 92673 (g) Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected. (h) Marketing: Customer allows Company to publish press releases (upon receipt of the order and upon meeting milestones), a case study and video about the project. Customer agrees to participate by providing a quote in the press releases, staff for an interview and video of actual use of the software by company, and contribute to the case study. Company agrees to provide a link on it's website to the Company's website regarding the technology. (i) Users: Unless specifically stated in a "Users" section of the SOW, there will be no Users of the system other than those of the specific Customer. No other Departments, Agencies, Public or others will log into, interact with nor utilizes the software in any way. (j) Integration: The Company's product is stand-alone, and no software interfacing or communication with 3rd party software, or communication with 3rd party vendors, or any type of integration what-so-ever is included within the project unless it is specifically listed as a Software Integration Project in the SOW. 3rd party software examples include but are not limited to databases, permitting systems, financial software (AR/AP, Accounting, Payment Processing, Time Tracking, Payroll), Microsoft Products (Windows, Outlook, Office), email, GIS and any systems of other government agencies beyond the Customer (such as State of Federal systems). In regard to any Software Integration that is listed in the SOW, each 3rd party must provide to the Company fully functional APIs for their respective products that meet all of the Company's needs. Any licenses need by company, or unforeseen costs related to such integration, is not included in the Company's price, and such costs must be paid by Customer. (k) SaaS: Company technology is delivered via a SaaS (Software as a Service) business model. The software is not licensed to 3rd parties for resale. Company services are turnkey per the SOW. Unless specifically stated otherwise in the SOW, Company may utilize any technology stack that it choses for the project. (I) Payment Integration — For systems with Payment Integration, Customer must provide: i. A wildcard SSL certificate ii. Username/Password for Payment Gateway APIs (both sandbox for testing, and live) iii. 3rd party tools shall be paid by customer (for PCI compliance, etc.) (m) Subcontractors: Company staff may include domestic or offshore contractors (n) Captions. The section headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement. (o) Entire Agreement. This Agreement and the SOW(s) and/or CAO(s) incorporated herein constitute the entire agreement between the parties and supersede any prior or contemporaneous communications, representations, documents, communications, requests for proposals or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement. If any term or provision of this document is in conflict with the SOW(s), those portions of the SOW(s) shall prevail. Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 10 of 11 Incrigant (p) Amendments. This Agreement and the Exhibits may be amended only by an instrument in writing executed by the parties hereto. Any written work order submitted by Customer shall not amend the terms of this Agreement and will only be considered (1) a statement of the work to be performed; (2) set forth any deadlines or schedules; and (3) the additional fees to be charged, if any, for any out of scope work or services stated on the work order. (q) Applicable Law. This Agreement is made under and will be construed in accordance with the law of California without giving effect to that state's choice of law rules. The forum for any dispute or litigation arising out of this Agreement shall be resolved confidentially through binding arbitration at JAMS in Orange County, CA (http://www.jamsadr.com/) according to the laws of the state of California. (r) Supersedes Previous Agreements. This Agreement supersedes all prior or contemporaneous negotiations, commitments, agreements (written or oral) and writings between the Company and Consultants with respect to the subject matter hereof. All such other negotiations, commitments, agreements and writings will have no further force or effect, and the parties to any such other negotiation; commitment, agreement or writing will have no further rights or obligations there under (s) Successors and Third Party Beneficiaries. This Agreement shall inure to the benefit of Company and Customer and any successors or assigns of Company and Customer. No third party shall have any rights hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COMPANY CUSTOMER Organization Inspect2go, Inc. By Title Signature Date Inspect2GO, Inc. • www.inspect2go.com This document contains confidential, proprietary, trade secret information of Inspect2GO, Inc. Page 11 of 11 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson Ext. 199 Department: Utilities&Waste Management Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason—Kitsap County Household Hazardous Waste Disposal Interlocal Agreement Background/Executive Summary: Mason County has an interlocal agreement with Kitsap County to allow Mason County resident disposal of Household Hazardous Waste(HHW)at the Kitsap County HHW Facility in Bremerton. This agreement expires June 30,2023 and may be extended for an additional year. Public Works is requesting the Board authorize an extension to June 30,2024 with language included to extend an additional year,if requested by Mason County. Budget Impact(amount, funding source,budget amendment): The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund#402 and LSWFA grant funds from Ecology. The current Agreement,that took effect in July 2021,has a maximum annual payment of $55,000($50 per customer x$1,100 customer).The amendment will increase to a maximum payment of $60,500($55 per customer x 1,100 customers). Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the Deputy Director of Utilities and Waste Management to execute an agreement with Kitsap County to continue providing residential household hazardous waste collection and disposal for Mason County to June 30,2024 with the option to extend for an additional year. Attachments Current Agreement CONTRACT NO. KC-346-21 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") for the purpose of providing a permanent site with year-round availability for proper disposal of household hazardous waste ("HHW")to Mason County residents at the Kitsap County Household Hazardous Waste Collection Facility. BACKGROUND WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan (hereinafter the "Plan") was written pursuant to Revised Code of Washington (RCW) 70.95.220 and adopted by the Kitsap County Commissioners; and WHEREAS, Kitsap constructed the HHW Collection Facility(hereinafter"the Facility")and has operated the Facility since April 18, 1996; and WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to Kitsap County residents; and WHEREAS, HHW disposal is funded through a combination of tipping fees collected at Olympic View Transfer Station and the Local Solid Waste Financial Assistance Agreement between the State of Washington Department of Ecology and Kitsap County; and WHEREAS, Mason residents have utilized the Facility over the past twenty-five (25)years and desire to continue use of the Facility; and WHEREAS, Kitsap and Mason share common goals to protect watersheds; protect groundwater and drinking water quality; provide opportunities for residents to properly dispose of HHW; educate residents about potential hazards regarding storage of hazardous products; and WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these common goals; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the waste stream set forth in Attachment A, attached hereto; and WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the fee to Mason set forth below; and WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements pursuant to Chapter 39.34 RCW; NOW THEREFORE, the parties mutually agree as follows: The recitals are hereby incorporated into the Agreement by this reference. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 11 P a g e Kitsap shall make its facility services available to Mason residents according to the terms of this Interlocal Agreement, and shall serve as the "lead entity" in the ongoing administration and implementation of this Agreement. Mason agrees to (a) advertise the expanded opportunities for HHW collection to Mason residents; and (b) provide Kitsap with Mason specific MRW education materials for distribution to Mason customers. Mason agrees to reimburse Kitsap $50.00 per documented Mason customer. Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year (1,100 customers) unless specifically approved in writing in advance. Kitsap shall submit monthly invoices for collection and disposal services pursuant to this Agreement to which Kitsap is entitled to compensation. Invoices shall detail the number of Mason customers who utilized the Facility. Mason shall make payment within thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to support billings under this Agreement. This Agreement shall commence at time of signing, with the effective date on July 1, 2021, for purposes of cost reimbursement for services, and shall extend through June 30, 2023. The parties may agree to extend this Agreement for an additional year by amendment as set forth below. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion, that such termination is in the best interests of Kitsap County. Termination of this Agreement by Kitsap at any time during the term, whether for default or convenience, shall not constitute a breach of this Agreement. Mason County may terminate this Agreement upon provision of sixty (60) days written notice to Kitsap, and shall be liable for all actual costs incurred through the termination date specified in such notice, consistent with the per customer fees prescribed above. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period by Mason, Kitsap shall not be obligated to provide services after the end of the current fiscal period. Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their sole expense, including attorneys' fees, from and against any and all claims, demands, losses, damages, liabilities, and expenses of any nature whatsoever, including, but not limited to personal injury or property damage, arising out of the performance of this Agreement, whether the demand, loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected and appointed officials, officers, employees and agents, except for injury or damages caused by the sole negligence or willful misconduct of either Kitsap or Mason, its elected or appointed officials, officers, employees or agents. This Agreement may be amended only upon the written agreement of the parties executed with the same formalities required for the execution of this Agreement. There will be a review of per customer costs if an extension is desired. No separate entity is created by this Agreement and any property purchase under this Agreement shall be the property of the purchaser. KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 2 1 P a g e This Agreement shall be, at a minimum, recorded with the Kitsap County Auditor Any notices and payments shall be mailed to: For Kitsap County: For Mason County: Kitsap County Public Works Mason County Public Works Department Solid Waste Division Utilities and Waste Management Division 614 Division Street, MS-27 P.O. Box 578 Port Orchard, Washington 98366 Shelton, Washington 98584 Attn: Christopher Piercy Attn: Richard Dickinson DATED this_[J�Nday 2. , 2021 DATED this day_ _ , 2021 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP__COUNTY, WASHINGTON Randi Neatherlin, Chair ROBERT ELDER, Chair Kevin Shutty, Commissioner ED ARID E. WOLFE, ommissioner NA A a —Sharon Trask, Commissioner CHARLOTTE GARRIDO, CommissiM/ , �! COm ATTEST: ATTEST: 1 co / SHIttC'.�°. McKenzie ith, tl6rk of the Board Dana Daniels, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM:by the Kitsap County Prosecuting Attorney's Office Tim Whitehead, Chief DPA KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 3 1 P a g e ATTACHMENT A A-Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons KC-346-21 Mason County Interlocal Agreement for HHW Disposal Service for Residents 2 P a g e C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins Ext.450 Department: Public Works Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 15,2023 Agenda Date: May 23,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Adopt-a-Road Applications Background/Executive Summary: Mason County Board of Commissioners established the Adopt-A-Road litter control program(County Code Chapter 12.48)allowing volunteers to register to pick up roadside litter off of County maintained roads. Public Works has received two applications submitted by the following volunteer organizations. 1. Jim and Brenda Jensen—Bear Creek Dewatto Road from milepost 3.15 to milepost 5.15. 2. Ginger Kenyon and Chelsey Dugger(herein referred to as `In Memory of Cody Shea Kenyon')— Sunnyside Road from milepost 0.20 to milepost 3.45. It has been determined that both organizations are eligible to participate in the program. Public Works Transportation Technician,Tim Rhoades,has spoken with them and will meet with each group on site,if approved by the Board,to go over risks,responsibilities, safety rules, and answer any questions. The Agreements are for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. Public Works agrees to furnish and pick up trash bags,provide safety materials and training aids,along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff's Office. Budget Impact(amount,funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for the Chair to execute the Adopt-A-Road Agreement between Mason County and the following volunteer organizations: Jim and Brenda Jensen assigning Bear Creek Dewatto Road from milepost 3.15 to C Mason County Agenda Request Form Y /A t! milepost 5.15 as their designated adopted area and In Memory of Cody Shea Kenyon assigning Sunnyside Road from milepost 0.20 to milepost 3.45 as their designated adopt area. Attachments• Adopt-a-Road Applications Vicinity Maps RECEIVED APPENDIX MAY 0 !I 2023 ADOPT-A-ROAD 16DiViBtN�f�'P89E "IRKS APPLICATION Name of Volunteer Organization Mailing Address, City,State, Zip Code List the sections of road you are interested in cleaning in order of preference: n 1. ?x-�C-C �� tk G &b A Road Name Vicinity 2. <�L1�cw�cl�t> (��c�lcQ C�c � - 2 r,,.\c \nxs'v Road Name Vicinity 3. Road Name Vicinity Sections of County road are assigned on a safety and first-come,first-serve basis. If the sections your group has identified above are not available the Mason County Public Works Department will suggest other alternatives. Volunteer Organization Representatives: Signature: Representative#1 Name of Rel resentative(Print or Type) Mailing Address, City, State, Zip Code � Day 7nT er Evening phone number V\\m �t nSP-v1 . Sig atu : Representative#2 Name of Representative(Print or Type) Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator 100 W Public Works Drive Shelton,WA 98584 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this date and between Mason County,a municipal subdivision of the State of Washington he"-rein�'k�pnoown as the"County"and 6 Sally 7�ISV-� :a volunteer organization herein known as the"Grantee". Whereas,the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40;and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore,the County does herby authorize the Grantee to participate in the Adopt-A-Road Program by picking up litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct cleanup activities in a safe manner and under any conditions as may be repaired by the County for the safety of the participants. Safety of participants is the number one priority of the program,and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew,and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommend interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more than ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on County road shoulder within the assigned area during cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned are.) All parking of vehicles shall be in compliance with State Law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight(8) minors(between ages of 15 to 18 years of age) participating in the cleanup activity. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building 1 during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday,during the afternoon on the day before a legal holiday,or during holiday weekends. 13. To provide the County a roster(Medical Aid Coverage Record)of individual participants in the cleanup within seven (7)calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2)working days of the injury. Notification shall include: • Name • Nature of injury • Date and time of injury • How the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form"for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site,and at least one Person with a valid First Aid Card be present during cleanup activities. B. The County does herby agree to: 1. To designate a program administer to act as a contact person for this agreement. 2. To furnish and install a maximum of two (2)Adopt-A-Road signs with the Grantees name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee,in cleaning up litter if necessary(i.e.,when large, heavy or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer Litter Crew Ahead"advance warning sign and stand, and make available hard hats,safety vests for all participants,and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed,the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end upon the date of termination unless terminated by the County,or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name From to Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination :January 31, Name of Volunteer Organization \ Mailing Address, City,State,Zip Code 6t MA a 1,6 1, Signature: Re&esentative#1 Name of Representative (Print or Type) Mailing Address,City,State,Zip Code of Representative#1 , Day phone number Evening phone number Si ature: Representative#2 Name of Representative (Print or Type) Mailing Address, City,State,Zip Code of Representative#2 Day phone number Evening phone number Return To: Chairman of the Board, Mason County Mason County Public Works 100 W Public Works Drive Shelton, WA 9BS84 RECEIVED ADOPT-A-ROAD MAY 0 4 2023 APPENDIX 3 AGREEMENT h,iASON COUNTY PUBLIC WORKS ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth Mailing Address,City,State,Zip Code )Phone Number Person to notify in case of emergency Phone Number Relatiohship WARNING! — PLEASE READ CAREFULLY Participants in the Mason County Public Works Adopt-A-Road Litter Control Program are advised that working adjacent to a County road is a VERY DANGEROUS ACTIVITY,with risks of serious injury or even death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. Each participant shall exercise due care in performing litter pickup activities. Participants must receive safety training provided by the Grantee Organization utilizing materials and training aids furnished by the Organization and appropriate protective clothing during cleanup activities. By signature below, I acknowledge that I have read this form completely,and I understand the responsibilities,the hazards and the privileges of participation in the Adopt-A-Road Program. My participation in this program is voluntary, and I agree to accept the risks connected with this activity, and further agree on damages,including injury or death from participating in this program. eLta)-Vld (� &- L4=Z�-a.3 Signature of Participant Date Signature of Parent or Guardian if Participant is under 18 years of age Date ADOPT-A-ROAD APPENDIX 3 AGREEMENT ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth LMailing Address,City,State,Zip Code Phone Number Person to notify in case of emergency Phone Number Relatio�ws p WARNING!- PLEASE READ CAREFULLY Participants in the Mason County Public Works Adopt-A-Road Litter Control Program are advised that working adjacent to a County road is a VERY DANGEROUS ACTIVITY,with risks of serious injury or even death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. Each participant shall exercise due care in performing litter pickup activities. Participants must receive safety training provided by the Grantee Organization utilizing materials and training aids furnished by the Organization and appropriate protective clothing during cleanup activities. By signature below, I acknowledge that I have read this form completely,and I understand the responsibilities,the hazards and the privileges of participation in the Adopt-A-Road Program. My participation in this program is voluntary,and I agree to accept the risks connected with this activity, and further agree on damages, including injury or death from participating in this program. Sigture ofParticipant Date Signature of Parent or Guardian if Participant is under 18 years of age Date Adopt-A-Road - BEAR CREEK DEWATTO #79800 "The Jensen Family" MP 3.15-5.15 3 A O m n v � a --- ------------------ m o ----------- ---------------------------- --------- --- - -- - a 0 z - ---- ----- ----- ------------ -- ------ --- z m NE gEgR CREEK DEW `9�R ATTO RD h'O NE LgUREL rRD_ NE DALY DR -------------------- ------ Bremerton Notional i Airport Tahuya La WStore Forest N / Sources: Esri, HERE,Garmin,USGS, Ir WA 3 ' we 0 0.1 0.2 0.4 0.6 0.LIes]Communiti (Hong Kon ©OperiStreet Map(and) - Adopt -Road contributors,C+C-BY-SA KLCEIVED APPENDIX 1 MAY 0 2 2023 ADOPT-A-ROAD U9R4%Lq01ftRKS APPLICATION 11y °ll�l vYu >7� 6-dwhett Kercyo� Name of Volunteer Crganiz Mailing Address, City, State, Zip Code List -the sections of road you are interested in cleaning in order ofpreference: I�- Road Nafhe Vicinity 2. Road Name Vicinity 3. Road Name Vicinity Sections of County road are assigned on a safety and first-come,first-serve basis. If the sections your group has identified above are not available the Mason County Public Works Department will suggest other alternatives. V lunteer Organization Representatives: � 6 ncc,� Y& Irn Signature: Representat #1 Name oe Representativ (Print or Type) Mailing Address, City, State, Zip Code Day phone number Evening phone number %~ ice. er- Signature: R p esentative#2 ame of Repr sentative( rint or Type) Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator 100 W Public Works Drive Shelton,WA 98584 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this date and between Mason County,a municipal subdivision of the State of 1(( �n Washington herein known as the"County'�a/n�d �� IV) �` � D V 1 A , :a volunteer organization herein known as the "Gra tee'. Whereas,the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40;and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore,the County does herby authorize the Grantee to participate in the Adopt-A-Road Program by picking up litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct cleanup activities in a safe manner and under any conditions as may be repaired by the County for the safety of the participants. Safety of participants is the number one priority of the program,and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew,and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than jaur tjMg pkx year Additional clean ups should be done as necessary to maintain a neat appearance. Recommend interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more than ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned.road parked on County road shoulder within the assigned area during cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned are.) All parking of vehicles shall be in compliance with State Law. 7. To require that all participants shall be 154ears of age or older. The Grantee shall furnish supervision by one more adults for every eight(8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building 1 during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12, Cleanups shall not be scheduled during a legal holiday,during the afternoon on the day before a legal holiday,or during holiday weekends. 13. To provide the County a roster(Medical Aid Coverage Record)of individual participants in the cleanup within seven(7)calendar days following the cleanup activity. 14. To report any injuries, incurred by participants during cleanup activities,to the County, within two (2)working days of the injury. Notification shall include: • Name • Nature of injury • Date and time of injury • How the injury occurred 15. Furnish to the County an"Adopt-A-Road Registration Form"for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site, and at least one .Person with a valid First Aid Card be present during cleanup activities. B. The County does herby agree to: 1. To designate a program administer to act as a contact person for this agreement. 2. To furnish and install a maximum of two(2)Adopt-A-Road signs with the Grantees name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee, in cleaning up litter if necessary(i.e.,when large, heavy or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer Litter Crew Ahead"advance warning sign and stand,and make available hard hats,safety vests for all participants,and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. once these have been completed,the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end upon the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. I I, i ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Names 561 VLV1q,5(6U 90CJ p From WA W Lti QDcJ to M1_ 3, Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination :January 31, 1 n MeftVIA D l J�du SV1Plt 1 1 an or Name of Volunteerbrganization Mailing Address, City,State,Zip Code q f Ci/dl (A I nYY 611,1t §ignaturEU Representati #1 Name of Representative (Print or Type) Mailing Address, City,State,Zip Code f Representative#1 )( Day phone number Evening phone number Ghelw 7�geX . Signatur�ntative#2 Name of Repre entative (Print or Type) Mailing Address, City,State,Zip Code of Representative#2 Day phone number Evening phone number Return To: Chair of the Board, Mason County Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 ADOPT-A-ROAD APPENDIX 3 AGREEMENT ADOPT-A-ROAD REGISTRATION FORM l nan v Name of Participant(Pri t or Type) Date of Birth ' Mailing Address,City,State,Zip Code Phone Number /hf/LXM �Uo(jkr � Person ton tify in case of emergency Phone Number Relationship WARNING! - PLEASE READ CAREFULLY Participants in the Mason County Public Works Adopt-A-Road Litter Control Program are advised that working adjacent to a County road is a VERY DANGEROUS ACTIVITY,with risks of serious injury or even death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. Each participant shall exercise due care in performing litter pickup activities. Participants must receive safety training provided by the Grantee Organization utilizing materials and training aids furnished by the Organization and appropriate protective clothing during cleanup activities. By signature below, I acknowledge that I have read this form completely,and I understand the responsibilities, the hazards and the privileges of participation in the Adopt-A-Road Program. My participation in this program is voluntary, and I agree to accept the risks connected with this activity, and further agree on damages, including injury or death from participating in this program. ih/ffl� r"'Ib 1 11Z3 Signatur f Participant Date Signature of Parent or Guardian if Participant is under 18 years of age Date Adopt-A-Road - SUNNYSIDE ROAD #42360 "In Memory of Cody Shea Kenyon" MP 0.20-3.45 N SW GRASS! Co NSUNNyS,DF Rp W SKOKOMISH VALLEY RD 0 m° r< ATE RD FELLS GpJ'/FO yi<< RD •N 'QNi 9c GO n T us 101 O W CALIFORN�A FtD N Esri, HERE,Garmin, USG S, I w-+ �e 0 0.175 0.35 0.7 1.05 1.4 on ©OpenStreetMap(and) Mlles nity — Adopt-A-Road contributors,CC-BY-SA 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): May 22, 2023 Agenda Date: May 23, 2023 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Update to Personnel Policy 7.5 Administrative Leave Background/Executive Summary: Human Resources has updates to assist the Board in the coordination of county administrative and personnel programs and follow guidance from the Risk Pool. Changes and additions are necessary at this time to reflect best practices, clarification of what is currently practiced, and ensure the document is organized and updated appropriately. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending Resolution No. 2023-031 updating the Mason County Personnel Policy 7.5 Administrative Leave to give the County Administrator, in conjunction with Human Resources, may place an employee on administrative leave. Attachments: Personnel Policy Resolution Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert, Mason County Noxious Weed Control Program Coordinator Ext. 592 Department: WSU Extension – Mason County Noxious Weed Control Board Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): May 22, 2023 Agenda Date: May 23, 2023 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal Information ☐ Technology Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: Approved: Il Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request to hire an extra-help noxious weed inspector position, for a period of approximately five months. Background/Executive Summary: The Mason County Noxious Weed Control Board requests to hire an extra-help noxious weed inspector to support ongoing projects, including the program’s giant hogweed, knotweed, and perennial pepperweed control projects, and work in the Olympic National Forest. Historically the program has consisted of the fulltime program coordinator, an extra-help noxious weed specialist position with benefits, and an extra-help noxious weed inspector with no benefits. Budget Impact (amount, funding source, budget amendment): Additional funding from WA State Parks and Recreation and Washington State Department of Agriculture in the amount of $13,000 will support the employment of one extra help noxious weed inspector for five months. Due to additional funds in salary and benefits, no budget amendment is required. Public Outreach (news release, community meeting, etc.): n/a Requested Action: The request to hire an extra-help noxious weed inspector for the Mason County Noxious Weed Control Board be placed on the action agenda for approval. Attachments: 1.Noxious Weed Control Inspector Position Description 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): May 22, 2023 Agenda Date: May 23, 2023 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Professional Services Contract with Olympic Health & Recovery Services (OHRS) for Mason County Law Enforcement Co-Responder Program Background/Executive Summary: Intent to pursue a Law Enforcement Co-Responder Program initially briefed 4/17/23. Public Health & Human Services and Mason County Sheriff’s Office (MCSO) have developed a law enforcement co- responder program in partnership with the Thurston Mason Behavioral Health Administration and Olympic Health and Recovery Services (OHRS). Co-Responder teams – two Crisis Clinicians and two Peer Specialists – will be stationed at MCSO and will respond to behavioral health crises and mental- health related calls that do not rise to the level of need for incarceration. The program will be partially funded by OHRS ($220,846) and Mason County Treatment Sales Tax ($180,000). The target start date is July 1, 2023. Budget Impact (amount, funding source, budget amendment): Treatment Sales Tax - $180,000 Public Outreach (news release, community meeting, etc.): None Requested Action: Move to 5/23/23 Action Agenda for approval Attachments: MC Contract – Law Enforcement Co-Responder Program Mason County Agenda Request Form To: Board of Mason County Commissioners From: Todd Cunningham, Building Official Randy Collins, Fire Marshal Ext. 359 Department: Community Services Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): May 22, 2023 Agenda Date: May 23, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Public Works Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Discussion of the State of Washingtons 2021 Building Code adoption including, the new building and fire protection code standard titled; WA Wildland Urban Interface Code (WAWUI) as mandated by the state building code council, state code adoption cycle under the provisions of RCW 19.27. Background/Executive Summary: The State of Washington has adopted the various 2021 international codes with state amendments as part of the upcoming state mandated code adoption cycle scheduled for July 1, 2023. Included in this code adoption cycle is the WAWUI code. The code is intended to work in concert with the state building and fire codes in providing for a comprehensive approach to enhance protection of property and structures throughout the state from exposure to wildland fires. Budget Impact: Fees will be recovered through the county’s DCD fee schedule. A new fee will be recommended for the WAWUI code projected to cover cost for plan review and inspections. These fees will be brought before the commissioners at a future meeting and added to the DCD fee schedule once approved. Public Outreach: Outreach includes customer contact through our website and handouts, discussion contact with stakeholders at the counter and through staff, contact with the Olympia Master Builders and the WA Building Industry Association. Requested Action: Place on the May 23 Action Agenda to set the public hearing for adoption of the new codes on June 20, 2023. Attachments: List of State Codes adopted, County website announcements, WAWUI checklist (Draft), Journal Notice, Title 14 amendments. Mason County, Washington, Code of Ordinances Title 14 BUILDINGS AND CONSTRUCTION Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:14 [EST] (Supp. No. 62-2-23) Page 1 of 62 Title 14 BUILDINGS AND CONSTRUCTION Chapter 14.04 STATE BUILDING CODES ADOPTED1 14.04.010 State Building Codes adopted. (a) 2018 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), hereafter IBC, including the 2018 International Existing Building Code (IEBC), adopted in accordance with Washington Administrative Code (WAC), Chapter 51-50; including IBC Sections 101 through 112, including IBC Appendix Chapters, C (Agricultural Buildings), G (Flood Resistant Construction), H (Signs) and J (Grading). Excluding IBC, Chapter 1, subsection 101.4.3 (Plumbing); excluding Sections 113 through 116; excluding Appendix Chapter H, Section H106 (Electrical for Signs). (a) 2021 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), hereafter IBC, including the 2021 International Existing Building Code (IEBC), adopted in accordance with Washington Administrative Code (WAC), Chapter 51-50; including IBC Sections 101 through 112, including IBC Appendix Chapters, C (Agricultural Buildings), G (Flood Resistant Construction), H (Signs) and J (Grading). Excluding IBC, Chapter 1, subsection 101.4.3 (Plumbing) and 101.4.6; excluding Sections 113 through 116; excluding Appendix Chapter H, Section H106 (Electrical for Signs). (a) 2021 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), hereafter IBC, including the 2021 International Existing Building Code (IEBC), adopted in accordance with Washington Administrative Code (WAC), Chapter 51-50; including IBC Sections 101 through 112, including IBC Appendix Chapters, C (Agricultural Buildings), G (Flood Resistant Construction), H (Signs) and J (Grading). Excluding IBC, Chapter 1, subsection 101.4.3 (Plumbing) and 101.4.6; excluding Sections 113 through 116; excluding Appendix Chapter H, Section H106 (Electrical for Signs). (b) 2018 Edition of the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council (ICC), hereafter the IRC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-51. Excluding IRC, Chapter 11, Energy Efficiency regulations pursuant to WAC 51-11R and Chapters 25 through 43, Plumbing and Electrical Provisions regulated pursuant to WAC 51-56 and WAC 296-46B. Adopting Appendix Chapters, CR (Light Straw-Clay Construction) and S (Strawbale Construction). (b) 2021 Edition of the International Residential Code for One-and Two-Family Dwellings as published by the International Code Council (ICC), hereafter the IRC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-51. Excluding IRC, Chapter 11, Energy Efficiency regulations pursuant to WAC 51-11R and Chapters 25 through 43, Plumbing and Electrical Provisions regulated pursuant to WAC 51-56 and WAC 296-46B excluding section R112, board of appeals. 1Editor's note(s)—Ord. No. 50-16, Att. A, adopted Aug. 9, 2016, repealed the former Ch. 14.04, § 14.04.010, and enacted a new Ch. 14.04 as set out herein. The former Ch. 14.04 pertained to state and uniform codes adopted and derived from Ord. No. 44-10, adopted May 25, 2010; Ord. No. 32-13, adopted June 18, 2013. Formatted: Strikethrough Formatted: Strikethrough Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 2 of 62 (b) 2021 Edition of the International Residential Code for One-and Two-Family Dwellings as published by the International Code Council (ICC), hereafter the IRC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-51. Excluding IRC, Chapter 11, Energy Efficiency regulations pursuant to WAC 51-11R and Chapters 25 through 43, Plumbing and Electrical Provisions regulated pursuant to WAC 51-56 and WAC 296-46B excluding section R112, board of appeals. (c) 2018 Edition of the International Fire Code as published by the International Code Council (ICC), hereafter the IFC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-54. Adopting Chapters, C (Fire Hydrant Locations and Distribution), E (Hazard Categories), F (Hazard Ranking), G (Cryogenic Fluids), H (Hazardous Materials Management Plan), I (Fire Protection Systems—Non-Compliant Conditions), and L (Requirements for Firefighter Air Replenishment Systems). (c) 2021 Edition of the International Fire Code as published by the International Code Council (ICC) hereafter the IFC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-54A; including Appendix Chapters, C (Fire Hydrant Locations and Distribution), F (Hazard Ranking), G (Cryogenic F luids), H (Hazardous Materials Management Plan), I (Fire Protection Systems —Non-Compliant Conditions). (c) 2021 Edition of the International Fire Code as published by the International Code Council (ICC) hereafter the IFC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-54A; including Appendix Chapters, C (Fire Hydrant Locations and Distribution), F (Hazard Ranking), G (Cryogenic Fluids), H (Hazardous Materials Management Plan), I (Fire Protection Systems —Non-Compliant Conditions). (d) 2018 Edition of the International Mechanical Code as published by the International Code Council (ICC), hereafter the IMC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-52, including the 2018 International Fuel Gas Code, 2018 National Fuel Gas Code-National Fire Protection Association (NFPA) 54, and the 2017 Liquified Petroleum Gas Code-NFPA 58. (d) 2021 Edition of the International Mechanical Code as published by the International Code Cou ncil (ICC), hereafter the IMC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51 -52, including the 2021 International Fuel Gas Code, 2021 National Fuel Gas Code -National Fire Protection Association (NFPA) 54, and the 2020 Liquified Petroleum Gas Code-NFPA 58. Excluding IMC Section 113 through 116. (e) 2018 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), hereafter the UPC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-56. Excluding Chapter 1, Section 107 (Board of Appeals). (e) 2021 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), hereafter the UPC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-56. Excluding Chapter 1, Section 107. (f) 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the International Conference of Building Officials. (f) 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the International Conference of Building Officials. Excluding Section 205.1 Board of Appeals. (g) 2018 Edition of the International Energy Conservation Code as published by the International Code Council (ICC), herein after the Washington State Energy Code (WSEC) as adopted by the Washington Administrative Code (WAC) 51-11R (Residential) and 51-11C (Commercial). Formatted: Strikethrough Formatted: Indent: Left: 0", First line: 0" Formatted: Strikethrough Formatted: Strikethrough Formatted: Font color: Red, Expanded by 0.1 pt Formatted: Strikethrough Formatted: Font color: Red, Expanded by 0.1 pt Formatted: Strikethrough Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 3 of 62 (g) 2021 Edition of the International Energy Conservation Code as published by the International Code Council (ICC), herein after the Washington State Energy Code (WSEC) as adopted by the Washington Administrative Code (WAC) 51-11R (Residential) and 51-11C (Commercial). (h) 2021 Edition of the International Wildland-Urban Interface Code as published by the International Code Council (ICC), as adopted, and amended by the Washington Administrative Code (WAC) 51- 54A. (Ord. No. 50-16, Att. A, 8-9-2016; Ord. No. 2021-007, Att. A, 1-19-2021) Chapter 14.08 BUILDING CODE AMENDMENTS2 14.08.010 General. 2018 International Building Code (IBC) and 2018 International Residential Code (IRC) are hereby amended. The amended sections shall supersede that section or table as numbered in said Building Code of Mason County. The amended sections are as follows [in this chapter]. 2021 International Building Code (IBC), 2021 International Residential Code (IRC) and the 2021 International Wildland Urban Interface Codes are hereby amended. The amended sections shall supersede that section or table as numbered in said Building Code of Mason County. The amended sections are as follows [in this chapter]. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 50-16, Att. A, 8-9-2016; Ord. No. 2021-007, Att. A, 1-19-2021) 14.08.030 IBC/IRC Section 105.1, Permits required. Section 105.1 is adopted, and supplemented with the following: (1) Permits shall be required for all docks, piers, and floats, excluding: the normal maintenance and repair of boathouses; and floats which are less than 120 square feet, are detached and chain anchored. Permits shall also be required for seawalls, bulkheads, or other similar structures, regardless of type of construction, including, but not limited to, rock, rip rap, pilings, wood and concrete block. (2) Permits shall be required for park trailers, recreational park trailers, manufactured housing, commercial structures, commercial coaches, factory builtfactory-built housing. (3) Permits shall be required for the construction of vehicular and/or pedestrian bridges. Submittal documents such as plans, calculations and specifications must be stamped and approved by an engineer licensed in the State of Washington. is required. 2Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.08 in its entirety to read as herein set out. Former Chapter 14.08 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. Formatted: Strikethrough Formatted: Font color: Red, Strikethrough Formatted: Strikethrough Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 4 of 62 The building official may review and approve small private foot bridges not for vehicular use. (4) Tenant Review Applications, Commercial (COM) Permits shall be required for commercial use buildings when there is a change in tenant prior to occupancy whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification. When a building is constructed with future tenant spaces intended to be finished or occupied at a later date, a separate permit is required for each tenant space prior to any tenant occupancy. The permit fee shall be as adopted under the current building permit fee schedule. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 35-15, Att. A, 8-18-2015) 14.08.031 IBC/IRC Section 105.2, Work exempt from permit. The International Building Code is clear on one important fact when it comes to exemptions. "Exemptions from permit requirements ... shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of th[e] International Building Code or any other laws or ordinances of [its] jurisdiction."1 3 Even though a building permit may not be required, provisions of the state code are still in force and effect. In this section, Sections [A]105.2 and R 105.2 of the International Building Code and International Residential Code are adopted herein by reference and supplemented with the following: (1) Agricultural buildings: A single-story building or structure directly related to an agricultural activity defined to include: farming; forestry; ranching; algaculture; aquaculture; apiculture (beekeeping); horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, Christmas trees, flowers, sod, or mushrooms; timber and pasturage. Agricultural buildings shall be exempt when eight hundred sixty-four square feet or less with a wall height not to exceed sixten sixteen feet, and setback ten feet from all other structures. This exemption does not apply to buildings used for the purpose of growing or producing medical or recreational cannabis which shall remain subject to the authority and restrictions of Mason County Code Chapter 17.17 (Recreational Marijuana). (2) Storage (Non-Agricultural) Buildings: Single-story buildings or structures used for the storage of belongings, not designed for human habitation, and not used for remunerative purposes. These structures shall not be a place of human habitation or a place of employment, nor shall it be a place used by the public. Storage buildings shall be exempt when five hundred seventy-six square feet or less with a wall height not to exceed ten feet and shall be setback ten feet from all other structures. (3) Cargo containers, also known as intermodal freight containers, are standardized, reusable portable vessels that were originally designed for use in intercontinental traffic of freight and designed to be mounted on a rail car, truck or ship. When such containers are used as a building or structure, they are subject to the provisions of the building code as adopted and modified by Mason County. Accordingly, a building permit is required to locate and use such structures. The site and building construction plans shall be adequate to demonstrate compliance with building, fire and site regulatory standards. Structural calculations are required for altered or structurally connected containers. As with other prefabricated structures such as portables or manufactured homes, building code approval of cargo containers may be obtained through the Washington State's Factory Built Structure 3IBC § 105.2 Formatted: Strikethrough Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 5 of 62 Agency. Cargo Containers shall be exempt when five hundred seventy-six square feet or less with a wall height not to exceed ten feet and shall be setbackset back ten feet from all other structures. (4) Agricultural, storage buildings and cargo storage containers shall be exempt from the permitting requirements of Title 14 only when: a. The property owner must obtain an affidavit of exemption and certify through the use of an affidavit recorded on title: i. That the exempt structure will meet the definitions in 14.08.031(1) (2)or(3);and ii. That the structure is not located within a critical area unless it complies with Chapter 8.52 MCC, Resource Management; and iii. That it complies with setback requirements in accordance with Title 17 MCC, Zoning; and iv. That it is built to the latest version of the International Residential Code and International Building and Fire Code; and v. That it exceeds one hundred twenty square feet in accordance with the 2015 International Building Code or two hundred square feet in accordance with the 2015 Residential Code; and v. That it exceeds one hundred twenty square feet in accordance with the 2021 International Building Code or two hundred square feet in accordance with the 2021 Residential Code; and vi. That if required, construction documents prepared by a registered design professional be submitted with each affidavit of exemption. vii. Buildings or structures used for the storage of belongings, not designed for human habitation, and not used, for remunerative purposes. These structures shall not be a place of human habitation or a place of employment, nor shall it be a place used by the public. b. Plumbing and mechanical permits are still required. c. The maximum height of the structure not to exceed those described in 14.08.031(1) (2) or (3). d. The exemption does not apply to structures located within a floodway. e. Cargo containers under the exemption need not have an engineered foundation but must be placed on a hard, level surface and attached to the ground with approved wind and seismic ties. . f. Cargo containers used exclusively for storage are exempt from the requirement for exit doors. g. The proposed structure must adhere to other applicable Mason County, state, and federal regulationsregulations, or ordinances. (5) Decks exceeding two hundred square feet that are not more than thirty inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by WAC 51-51-0311 Section R311.4, are exempt from permitting requirements under [this section]. (Ord. No. 30-17, att. A, 6-6-2017; Ord. No. 38-17, 7-11-2017; Ord. No. 38-15, Att. A, 8-18-2015) Editor's note(s)—Ord. No. 38-17, adopted July 11, 2017, did not specify manner of inclusion, hence, codification as subsection 14.08.031(5) was at the discretion of the editor. 14.08.140 IWUIC Section 102.6 Existing conditions. Formatted: Strikethrough Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 6 of 62 The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the Uniform Code for the Abatement of Dangerous Buildings or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 14.08.150 IWUIC Section 106.3 Work exempt from permit Exemption from the permit requirements of the IWUIC shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the IWUIC code or any other laws or ordinances of this jurisdiction, exemption does not allow the permit exemption requirements for the structures listed herein to be in violation of the provisions of the IWUIC for fire protection or construction materials. The code official is authorized to stipulate conditions for permits. Permits shall not be issued where public safety would be at risk, as determined by the code official. Unless otherwise provided in the requirements of the International Building Code or the International Fire Code, or any other ordinance of the jurisdiction, a permit shall not be required for the following as modified: (1) Agricultural buildings: A single-story building or structure directly related to an agricultural activity defined to include: farming; forestry; ranching; algaculture; aquaculture; apiculture (beekeeping); horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, Christmas trees, flowers, sod, or mushrooms; timber and pasturage. Agricultural buildings shall be exempt when eight hundred sixty-four square feet or less with a wall height not to exceed sixteen feet, and setback ten feet from all other structures. This exemption does not apply to buildings used for the purpose of growing or producing medical or recreational cannabis which shall remain subject to the authority and restrictions of Mason County Code Chapter 17.17 (Recreational Marijuana). (2) Storage (Non-Agricultural) Buildings: Single-story buildings or structures used for the storage of belongings, not designed for human habitation, and not used for remunerative purposes. These structures shall not be a place of human habitation or a place of employment, nor shall it be a place used by the public. Storage buildings shall be exempt when five hundred seventy-six square feet or less with a wall height not to exceed ten feet and shall be setback ten feet from all other structures. (3) Cargo containers, also known as intermodal freight containers, are standardized, reusable portable vessels that were originally designed for use in intercontinental traffic of freight and designed to be mounted on a rail car, truck or ship. When such containers are used as a building or structure, they are subject to the provisions of the building code as adopted and modified by Mason County. Accordingly, a building permit is required to locate and use such structures. The site and building construction plans shall be adequate to demonstrate compliance with building, fire and site regulatory standards. Structural calculations are required for altered or structurally connected containers. As with other prefabricated structures such as portables or manufactured homes, building code approval of cargo containers may be obtained through the Washington State's Factory Built Structure Agency. Cargo Containers shall be exempt when five hundred seventy-six square feet or less with a wall height not to exceed ten feet and shall be set back ten feet from all other structures. (4) Agricultural, storage buildings and cargo storage containers shall be exempt from the permitting requirements of Title 14 only when: a. The property owner must obtain an affidavit of exemption and certify through the use of an affidavit recorded on title: Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 7 of 62 i. That the exempt structure will meet the definitions in 14.08.031(1) (2)or(3);and ii. That the structure is not located within a critical area unless it complies with Chapter 8.52 MCC, Resource Management; and iii. That it complies with setback requirements in accordance with Title 17 MCC, Zoning; and iv. That it is built to the latest version of the International Residential Code and International Building and Fire Code; and v. That it exceeds one hundred twenty square feet in accordance with the 2021 International Building Code or two hundred square feet in accordance with the 2021 Residential Code; and vi. That if required, construction documents prepared by a registered design professional be submitted with each affidavit of exemption. vii. Buildings or structures used for the storage of belongings, not designed for human habitation, and not used, for remunerative purposes. These structures shall not be a place of human habitation or a place of employment, nor shall it be a place used by the public. b. Plumbing and mechanical permits are still required. c. The maximum height of the structure not to exceed those described in 14.08.031(1) (2) or (3). d. The exemption does not apply to structures located within a floodway. e. Cargo containers under the exemption need not have an engineered foundation but must be placed on a hard, level surface and attached to the ground with approved wind and seismic ties. f. Cargo containers used exclusively for storage are exempt from the requirement for exit doors. g. The proposed structure must adhere to other applicable Mason County, state, and federal regulations, or ordinances. (5) Decks exceeding two hundred square feet that are not more than thirty inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by WAC 51-51-0311 Section R311.4, are exempt from permitting requirements under [this section]. 14.08.155 Section 106.8 Expiration. Expiration of permits shall be as set forth in the Mason County Code, Title 14, Section 14.08.035. 14.08.160 Section 110.2 Enforcement. Enforcement shall be in accordance with the applicable provisions of the Mason County Code as referenced. 14.08.165 Section 112 Service Utilities. Section 112 is deleted. Installation of service utilities shall be as set forth under the provisions of the Washington State, Department of Labor and industries, Electrical Division. 14.08.175 IWUIC Section 113 Means of Appeals. Appeals of orders, decisions or determinations made by the building official/fire marshal shall be as set forth in the Mason County Code, Title 15 Mason County Development Code, Section 15.11.010 Appeals of Administrative Interpretations and Decisions. Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 8 of 62 Chapter 14.12 VIOLATION AND PENALTIES4 14.12.030 Violation and penalties. 14.12.030 IBC Section 114 and IRC Section R113, Violation and penalties Shall be as prescribed in Title 15, Mason County Code. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.14 MINIMUM QUALIFICATION REQUIREMENTS FOR FIRE CODE INSPECTION5 14.14.010 Minimum qualification requirements for International Fire Code (IFC) inspection. (a) Fire districts in Mason County who choose to do fire safety inspections using the adopted fire code shall have qualified inspectors to do the inspections. Qualified inspectors shall have a current certification in either the International Fire Service AccrediationAccreditation Congress (IFSAC) Fire Code Inspector Certification, or the International Code Council (ICC) - Fire Inspector I Certification, and evaluation/approval by the Mason County fire marshal. (b) For the purpose of this chapter, a fire safety inspection is defined as any on-site visit to a commercial, residential, or other occupancy for the purpose or effect of identifying compliance or noncompliance of the fire code not directly related, or as a result, of a fire incident. (c) Fire safety inspections done by fire districts that are forwarded to the fire marshalsmarshal’s office for compliance shall be done so in writing in a format provided and/or approved by the county. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 50-16, Att. A, 8-9-2016) 4Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.12 in its entirety to read as herein set out. Former Chapter 14.12 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. 5Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.14 in its entirety to read as herein set out. Former Chapter 14.14 pertained to the same subject matter and derived from Ord. 140-03, 2003; and Ord. 64-07, 2007. Formatted: Strikethrough Formatted: Font: 12 pt, Bold Formatted: Block 1 Title 14 - BUILDINGS AND CONSTRUCTION Chapter 14.15 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 9 of 62 Chapter 14.15 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS6 14.15.015 Definitions. "Building official" shall be the director of the department of community development or the designated building official of the county as appointed by the board of county commissioners for the purpose of compliance and all other activities within the Uniform Code for the Abatement of Dangerous Buildings. "Tax collector" shall be the Mason County Treasurer. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.16 FIRE CODE 14.16.025 IFC Section 110.4, Violation—Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the building or fire code official, or of a permit or certificate used under provision of this code, shall be subject to enforcement as prescribed for in Title 15, Mason County Code. (Ord. 59-04 (part), 2004; Ord. No. 2021-007, Att. A, 1-19-2021) Chapter 14.17 STANDARDS FOR FIRE APPARATUS ACCESS ROADS7 6Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.15 in its entirety to read as herein set out. Former Chapter 14.15 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. 7Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.17 in its entirety to read as herein set out. Former Chapter 14.17 pertained to the same subject matter and derived from Ord. 31-04, 2004; and Ord. 64-07, 2007. Formatted: History Note Formatted: Indent: Left: 0", First line: 0" Created: 2023-04-05 09:20:07 [EST] (Supp. No. 62-2-23) Page 10 of 62 14.17.010 Application. This chapter shall apply to roads, driveways, or other means of access serving structures, facilities, buildingsbuildings, or portions of buildings hereafter constructed, alteredaltered, or moved into or within the jurisdiction and developed under permit from Mason County. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.17.040 Construction. Roadways shall be constructed/designed with an all weatherall-weather driving surface (gravel, crushed rock, concrete or asphalt) and the ability to support the imposed load requirements of fire apparatus. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.17.060 Width. A fire apparatus access road shall be a minimum unobstructed width of twenty feet for commercial structures, or four or more parcels or building sites. The access road may be reduced to twelve feet of unobstructed width with a minimumminimum of ten foot wideten-foot-wide driving surface for one to three parcels or building sites on approval of the fire marshal. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.17.080 Pullouts. A ten-foot wideten-foot-wide fire apparatus access road exceeding three hundred feet in length will be required to make provisions for the passing of fire apparatus by providing approved pullouts. Pullouts shall be reasonably located, based on sight distance, road curvature, and grade; and shall be a minimum size of eight fe et wide and thirty feet long with tapered ends. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.17.090 Dead end roads. A dead enddead-end fire apparatus access road longer than three hundred feet is required to provide provisions for the turning around of fire apparatus within one hundred fifty feet of any facility or structure. See exhibits of the ordinance codified in this chapter: Exhibit A — Hammer Head Turn Around, B — Modified Hammer Head, C — Cul-de-Sac Turn Around, D and E — Pullouts, for examples of accepted turnarounds and pullouts. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 21-19, Attach. A, 3-12-2019) Editor's note(s)—Exhibits A—E to Ords. No. 21-19, adopted March 12, 2019, are not set out herein but are available at the office of the clerk of the board. Created: 2023-04-05 09:20:08 [EST] (Supp. No. 62-2-23) Page 11 of 62 14.17.110 Automatic fire sprinkler system. A fire apparatus access road, which is newly constructed or existing, and which is in excess of fourteen percent twelve percent (12%) grade, and which is greater than one hundred and fifty feet from a primary access point intersecting with a county or state road right-of-way, to new residential or new commercial construction will require an automatic fire sprinkler system to be installed. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.17.120 Large residential developments. Where more than fifty units are designed in a residential development, either single-family, multifamily, retirement or similar, there shall be a minimum of two access points to the county road system. Such access points shall be located so as to provide for general circulation, alternate emergency vehicle access routes, through access, and general transportation design considerations. One of these access points may be for emergency vehicle use only where the number of units does not exceed two one hundred. Design of an "emergency vehicle use only" access must be approved by the local fire district and fire marshal. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 2021-007, Att. A, 1-19-2021) 14.17.125 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: (1) Where a single gate is provided, the gate width shall be not less than twenty feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than twelve feet. (2) Gates shall be of the swinging or sliding type. (3) Construction of gates shall be of materials that allow manual operation by one person. (4) Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. (5) All Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Electric eEmergency opening devices shall be approved by the fire code official. (6) Methods of locking shall be submitted for approval by the fire code official. (7) Electric gate operators, where provided, shall be listed in accordance with UL 325. (8) Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. (Ord. No. 2021-007, Att. A, 1-19-2021) Formatted: Font color: Red, Strikethrough Formatted: Font color: Red, Strikethrough Formatted: Font color: Red, Strikethrough Formatted: Not Strikethrough Formatted: Strikethrough Title 14 - BUILDINGS AND CONSTRUCTION Chapter 14.19 SALE AND DISCHARGE OF FIREWORKS Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:08 [EST] (Supp. No. 62-2-23) Page 12 of 62 Chapter 14.19 SALE AND DISCHARGE OF FIREWORKS 14.19.040 Supervision of public displays. All public fire workfirework displays shall be conducted or supervised by a pyrotechnic operator licensed in accordance with the laws of the state of Washington. (Res. No. 40-16, Attach. A, 7-12-2016) Chapter 14.22 FLOOD DAMAGE PREVENTION8 Article II. Definitions 14.22.040 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: "A-Zone" or "zone A" means those areas shown on the flood insurance rate maps (FIRM) as that area of land within the floodplain which would be inundated by the base flood (100-year or one percent annual chance) flood. "Accessory structure" means nonresidential structures such as detached garages, sheds, garden buildings, pole buildings, and barns which are considered normal for farming and ranching activities. Also known as "appurtenant structures." "Administrator" means the director of the Mason County Department of Community Development or designee. "Appeal" means the right to request for a review of the administrator's interpretation of any provision of this chapter or a request for a variance. 8Editor's note(s)—Attachment B of Ord. No. 09.14, adopted Feb. 11, 2014, amended ch. 14.22 to read as herein se out. Former ch. 14.22 pertained to the same subject matter, consisted of §§ 14.22.010—14.22.190, and derived from Ord. 59-91, 1991; Ord. 16-00, 2000; Ord. 10-02, 2002; Ord. 9-03, 2003; Ord. 81-07, 2007; and Ord. 87-08, 2008. Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 13 of 62 "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Also known as "special flood hazard area." "Avulsion" means a sudden cutting off of land by flood, currents, or change in course of a body of water. "Avulsion risk areas" are the areas which have been determined to have too high a risk of avulsion to permit new structures or expansion of existing structures. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. "Base flood elevation" means the computed elevation to which floodwater is anticipated to rise during the base flood. Base flood elevations (BFEs) are shown on flood insurance rate maps (FIRMs) and on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of structures. The relationship between the BFE and a structure's elevation determines the flood insurance premium. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Building" means a walled and roofed structure, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. The terms "structure" and "building" are interchangeable in the national flood insurance program (NFIP). Residential and nonresidential structures are treated differently. A residential building built in a floodplain must be elevated above the base flood elevation (BFE). Nonresidential buildings may be elevated or floodproofed. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V. "Critical facility" means facilities for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use, or store hazardous materials or hazardous waste. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, diking, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. The area contained within ring levees is considered to be part of the development area due to its impact on flood waters. "Development permit" see definition for "permit" under this chapter. "Elevated building" means for insurance purposes, a non basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevation certificate" means the official FEMA form (FEMA Form 086-0-33) used to track development, provide elevation information necessary to ensure compliance with community flood plain management ordinances, and determine the proper insurance premium rate. "Emergency" means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time period too short to allow for normal development permit Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 14 of 62 application and review. All emergency development shall be consistent with all Mason County Development Regulations. "Engineering reports" are reports compiled under this chapter to address flood-related issues shall be by an engineer licensed in the state of Washington with knowledge and experience in hydrology. The method and rigor of all investigation, analysis and design shall be in accordance with current generally accepted engineering standards. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation of runoff of surface waters from any source; (3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; (4) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined by (1) above. A flood inundates a floodplain. Most floods fall into three major categories: riverine flooding, coastal flooding, and shallow flooding. Alluvial fan flooding is another type of flooding more common in the mountainous western states. "Flood insurance rate map (FIRM)" means the official map on which the federal insurance administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards (also known as the flood elevation study). "Floodplain" means any land area susceptible to being inundated by floodwaters from any source. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management—regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Flood protection elevation" means one foot above the base flood elevation. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Footprint" means the total area of the first floor of a structure, regardless of how the structure is supported, or the total perimeter of any development other than a structure. Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 15 of 62 "Frequently flooded areas" are critical areas designated by Mason County in its Resource Ordinance. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Under limited circumstances, variances may be issued for functionally dependent uses provided that the structure is protected by methods that minimize flood damages during the base flood and there are no additional threats to public safety. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. In AO zones, all new construction and substantial improvements of residential structures shall have the lowest floor including basement elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM; or at least two feet if no depth number is specified. All new construction and substantial improvements of nonresidential structures shall meet the above requirements or, together with attendant utility and sanitary facilities, be floodproofed to the same elevation. "Historic structure" means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the secretary of the interior or b. Directly by the secretary of the interior in states without approved programs. "Lot" means a designated parcel, tract, or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section 14.22.170(1)(B). "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 16 of 62 "Permit" means a written authorization from Mason County for any construction or development activity on all lands regulated by this chapter. Such permits shall include, but are not limited to, excavation and grading, permits for fills and excavations under Appendix J Chapter 70 of the International Building code Uniform Building Code, shoreline permits for developments regulated by the Mason County Shoreline Master Program, building permits for all structures under the International Building Code Uniform Building Code or Title 14, Mason County Code, or written authorization for development under this chapter. "Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or any other entity, including agencies of the state or local government unit however designated. "Recreational vehicle" means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Repetitive loss" means flood-related damages sustained by a structure on two occasions during a ten-year period for which the costs of repairs at the time of each such flood event on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. "Special flood risk zone" means the regulatory floodway and zones A and AE floodplain of the Skokomish River, Vance Creek and tributaries, as identified on flood insurance rate maps 530115 panels 0425, 0428, 0429, 0433, 0434, 0436, 0437, 0441, and 0442, dated June 20, 2019, or as amended. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. Chapter 14.24 FLOOD AND SLIDE CONTROL Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 17 of 62 14.24.050 Responsibility and authority of planning director. The planning director is vested with the responsibility, authority, and means to: A. Delineate or assist the administrator, at their his request, in delineating the limits of the areas having special flood (and/or mudslide) hazards on available local maps of sufficient scale to identify the location of building sites; B. Provide such information as the administrator may request concerning present uses and occupancy of the flood plain (and/or mudslide area); C. Cooperate with federal, state, and local agencies and private firms which undertake to study, survey, map and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards; D. Submit on the anniversary date of the community's initial eligibility an annual report to the administrator on the progress made during the past year within the community in the development and implementation of flood plain (and/or mudslide area) management measures. (Res. 524 (2), 1975). Chapter 14.25 MOBILE HOMES9 14.25.010 Definitions. "Alteration" is the replacement, addition, modification, or removal of any equipment or installation that affects the construction, planning considerations, fire safety, or the plumbing, mechanical, and electrical systems of a mobile home. The installation of whole house water treatment that requires cutting into the existing plumbing is considered an alteration and requires a permit, an inspection and an alteration insignia from the Washington State Department of Labor and Industries, Factory Assembled Structures Division. The following are not considered alterations: Repairs to equipment with approved parts, modification of a fuel burning appliance according to the listing agencies specifications, adjustments and maintenance of equipment. "Alteration insignia" is an insignia issued by the the Washington State, Department of Labor and Industries to verify that an alteration to a mobile home meets the requirements of Federal Law 24CFR3280 24CFR3285 and Chapter 296-150M WAC. "Forced relocation" is when an existing mobile home park facility is either closed or converted resulting in the existing mobile homes located within the facility to be relocated. Reference RCW Chapter 59-21 for additional terms and information. "HUD "is the United Stated Department of Housing and Urban Development with headquarters located in Washington, D.C. 9Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.25 in its entirety to read as herein set out. Former Chapter 14.25 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. Formatted: Font color: Red, Strikethrough Formatted: Strikethrough Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 18 of 62 "Installation permit" is an authorization from the Mason County Department of Community Development and applicable review agencies or departments to locate a mobile home in Mason County. Commonly referred to as a building permit for the set upsetup of a mobile home. "Labor and Industries (L&I)" is the State of Washington, Department of Labor and Industries. "Mobile home" is a factory dwelling built prior to June 15, 1976 to standards other than the HUD Code and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. Additional terms are defined in Chapter 296-150M WAC. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.28 ADDRESSING ORDINANCE10 14.28.040 Address posting requirements. (a) At such time that the department of community development assigns an address, the property owner shall place, within thirty days the assigned mile point number, in contrasting reflective material, at the driveway entrance so that it is clearly visible from the roadway in both directions. (b) When there is a long sharedlong-shared driveway, easement or any situation where there could be confusion in finding an entrance, mile point numbers shall be posted together at the main access point, and at each turn and/or driveway entrance, in contrasting reflective material, to provide direction to the parcel. (c) Recreational properties, parcels without structures and any other parcels with an assigned address shall affix said address with thirty days of assignment as described herein. (d) Posting is required to the front of any structure within thirty days of its erection. (e) Mile point number and or alphabetic unit designation posting shall contrast with any background, should be clearly visible on the front of the structure and shall meet the setback requirements as described in 14.28.040 subsection (j). (f) Residential address numbers shall be Arabic numerals. Alphabetic designations will be of the English alphabet. (g) Single-family residence mile point numbers shall be a minimum of four inches high with a minimum stroke width of one-half inch. (h) Water frontWaterfront properties with fire boat access shall post mile point numbers in a minimum of six inches with a three-fourths inch stroke, the mile point number, in contrasting reflective material, on the front of a dock or post visible from the water. 10Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.28 in its entirety to read as herein set out. Former Chapter 14.28 pertained to similar subject matter and derived from Ord. 107-97, 1997; and Ord. 64-07, 2007) Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 19 of 62 (i) New and existing commercial buildings shall have approved numbers and or letters, building numbers and or letters or approved building identification posted in conformance with 14.28.040 subsection (j) (j) Multifamily residential and commercial structure mile point number or unit designation posting requirements: Fifty feet or less, setback shall post a six-inch minimum with a three-fourths inch stroke. Fifty feet or more, setback shall post a twelve-inch minimum with a one and one-half inch stroke. Designating unit on a building will be no less than six inches in height with minimum three-fourths inch stroke. Designating unit on a door will be no less than four inches in height with minimum one-half inch stroke. One hundred-footOne-hundred-foot setback or less shall post eighteen-inch minimum with two-inch stroke. One hundred-footOne-hundred-foot setback or greater shall post twenty-four-inch minimum with three-inch stroke. (k) For all properties where more than two buildings exist or as otherwise required by the fire marshal, a map of the facility shall be provided at the entrance from the public roadway to serve as a directory to assist in the rapid and safe response of emergency responders. The map shall be approved by the fire marshal and clearly show all buildings, roadways, access points, hydrants, and other fire protection features. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.28.050 Administration. (a) The Mason County Community Development Director, or his their designee, shall be the administrator of this ordinance. The department of community development or designee of the department shall be responsible for designating the development and maintenance of maps indicating road names, a catalogue of road names, assigning names to roads, and be responsible for insuring that proposed road names are in conformance with the road designations and to avoid duplication of existing road names. (b) It will be the responsibility of the department of community development to set forth the addressing fee in accordance with the department's fee schedule. (c) Whenever, in the course of administration and enforcement of this ordinance, it is found desirable to make any administrative decision, unless other standards are provided in this ordinance, a decision shall be made so that the result will not be in conflict with the intent and purpose of this ordinance. (d) If any section, subsection or other portion of this ordinance is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such section, subsection or portion shall be deemed a separate portion of this ordinance. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.28.060 Definitions. "Address" means the assigned mile point number, district indicator, road name and road designation. "Named road" means any road in the U.S., state and county road system in Mason County and any private road recognized by the Mason County Department of Community Development. Formatted: Space After: 0 pt Formatted: Indent: Left: 0" Formatted: Font color: Red, Strikethrough Created: 2023-04-05 09:20:09 [EST] (Supp. No. 62-2-23) Page 20 of 62 "Addressable parcel" means any parcel having access to any road, private road, private easementeasement, or shared driveway within unincorporated Mason County, including the state and U.S. road system. "Road," "street," "drive," "avenue," "boulevard" means a straight or irregular connecting road that does not dead-end, or a dead-end road that is likely to be extended to another road in the future. "Court," "place," "lane," "way" means a road terminating in a non-extendable cul-de-sac, or a road that dead-endsdead ends that will not likely be extended in the future. "Private road" means any road, access, easement, or shared driveway named by procedure as described in [Section] 14.28.120 of this ordinance, which is not part of the state, U.S. or county road maintenance system. "State route" and "U.S. Highway" means a road belonging to the Washington State Route system, or U.S. highway system. "Loop," "circle" means a road which connects back to itself or returns back to the same road (at any point) from which it originated. "Point of origin" means the point at which a road begins as accessed from another road (from major to minor roads). These road origins shall be established by the Mason County Department of Community Development. Any road that originates inside and incorporated municipality and extend into the county shall have address numbers that coordinate with that municipality. "Mile point number" means the numeric portion of an assigned address. "Parcel development" means any land use permit or action, including, but not limited to, construction permits, that require permitting from Mason County Departments or Agencies. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.28.090 Districts. Mason County shall be divided into five districts as determined by the official map. (1) N - North District (the area north of the Skokomish River and on the Westside of the Hood Canal): (a) North Side - starts at the where the Hood Canal meets the northern county boundary and follows the northern county boundary west to the northwestern corner of the county. (b) South Side - starts at the mouth of the Skokomish River (where it meets the Hood Canal) and follows the Skokomish River west (upstream). At the north/south split in the Skokomish River the boundary follows the south fork of the Skokomish River upstream to the township 22/21 north line. The boundary then follows the township 22/21 north line west to the western county boundary. (c) East Side - starts at the where the Hood Canal meets the northern county boundary and follows the west side of the Hood Canal south to the mouth of the Skokomish River. (d) West Side - starts at the northwestern corner of the county and follows the western county boundary south to Township 22/21 north line, except that all addresses on Highway 101 north of the State Route 3 interchange are in the north addressing district. (2) W - West District (the area west of U.S. Hwy. 101 and south of the Skokomish River). (a) North Side - starts at where U.S. Hwy. 101 crosses the Skokomish River. The boundary then follows the Skokomish River west (upstream). At the north/south split in the Skokomish River the Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 21 of 62 boundary follows the south fork of the Skokomish River upstream to the Township 22/21 north line. The boundary then follows the Township 22/21 north line west to the western county boundary. (b) South Side - starts at the southwestern corner of the county and follows the southern county boundary east to where it meets U.S. Hwy. 101. (c) East Side - starts at where U.S. Hwy. 101 crosses the Skokomish River. The boundary then follows the west side of U.S. Hwy. 101 south to the intersection with West C St. (at the Shelton City limits). The boundary then follows the Shelton City limits south to the end South 2nd St. (where the city limits make a ninety-degree turn, near W Tree Frog Ln.). The boundary then goes straight south to Mill Creek following parcel boundaries that roughly parallel South 2nd St. (South 2nd St. does not extend south of W Wilson St.). The boundary then follows Mill Creek upstream to its intersection with U.S. Hwy. 101. The boundary then follows the west side of U.S. Hwy. 101 south to the southern county boundary. (d) West Side - starts at the southwestern corner of the county and follows the western county boundary north to the Township 22/21 north line, except that any parcel addressed off of State Route 3 between U.S. Hwy. 101 and the southern Shelton City Limits will be in the southeast addressing district. All addresses on U.S. Hwy. 101 south of the State Route 3 interchange are in the west addressing district. The west side of Lake Cushman is addressed in the west addressing district although the lake itself is located in the north addressing district due to access issues. (3) E - East District (the area between Belfair and Shelton, including Allyn, Grapeview and Union). (a) North Side - starts at where U.S. Hwy. 101 crosses the Skokomish River. The boundary then follows the Skokomish River downstream to the Hood Canal. The boundary then follows the center of the Hood Canal east to the Township 23/22 north line. Then go east along the T23N/T22N line to the eastern county boundary. (b) South Side - starts at the mid-point (over the water) of where Oakland Bay meets the city of Shelton boundary. The boundary then follows Hammersley Inlet east to Pickering Passage. The boundary turns north along Pickering Passage and runs between Harstine and Sqauxin Squaxin Island (through Peale Passage) to the south county boundary. (c) East Side - starts where the T23N/T22N line intersects the eastern county boundary and follows the eastern county boundary south to where the "south side" boundary turns north (leaving the county boundary) to go between Harstine and Squaxin Island (through Peale Passage). (d) West Side - start at where U.S. Hwy. 101 crosses the Skokomish River. The boundary then follows the east side of U.S. Hwy. 101 south to the intersection with the Shelton City Limits. The boundary then follows the Shelton City Limits east to the mid-point over Oakland Bay where the "south side" boundary picks up, except that Harstine Island is part of the east addressing district. (4) NE - Northeast District (Belfair and the Tahuya Peninsula Area). (a) North Side - starts where the Hood Canal meets the Township 23/24 north/county boundary line and follows the Township/county boundary line east to the northeast corner of the county. (b) South Side - starts in the middle of the Hood Canal near Union and follows the canal east to the Township 23/22 north line. From there the boundary follows the Township 23/22 north line east to the eastern county boundary. (c) East Side - the boundary starts at the northeast corner of the county and follows the county boundary south to the Township 23/22 north line. Formatted: Double strikethrough Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 22 of 62 (d) West Side - starts where the Hood Canal meets the Township 23/24 north/county boundary line and follows the east side of the Hood Canal down to near Union where it meets the south side boundary in the middle of Hood Canal. (5) SE - Southeast District (the Arcadia/Lynch Road area including the Kamilche Peninsula). (a) North Side - starts where south end of South 2nd St. touches Shelton City limits. From there the boundary follows the Shelton City Limits east to Hammersley Inlet. Then the boundary follows Hammersley Inlet east to Pickering Passage. (b) South Side - starts where Totten Inlet meets Pickering Passage near Arcadia Point. From there the boundary follows the southern county boundary (through the middle of Totten Inlet) to where U.S. Hwy. 101 meets the southern county boundary. (c) East Side - starts in the middle of Pickering Passage near Arcadia Point and goes north along Pickering Passage to Peale Passage. Then the boundary goes south along Peale Passage (between Squaxin and Harstine Island) to the southern county boundary. (d) West Side - starts at where U.S. Hwy. 101 meets the southern county boundary. From there the boundary follows the east side of U.S. Hwy. 101 north to Mill Creek. The boundary then follows Mill Creek east (downstream). The boundary goes straight north following parcel boundaries to the Shelton City Limits at the end of South 2nd St. except that Hope and Squaxin Island are in the southeast addressing district. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.28.100 Addressing. Addresses shall consist of four items in this order: Mile point number, district indicator, road name and road designation. Large complexes shall also be assigned an alphabetic unit designation as described below: Example: 3410 SE Outback Road (a) The mile point number for a parcel shall be determined by the distance measured to the nearest one- tenth of a mile from the point of origin of the named road to the driveway access of that parcel. Mile point numbers shall be determined by the side of the road that the driveway access is located. Right side access shall be even numbered ending in zero; left side access shall be odd numbered ending in one. With the exception of a shared driveway or easement which may use up to a five number sequence of right 0, 2, 4, 6 and 8 or left, 1, 3, 5, 7 and 9. Shared driveway or easement numbers shall be issued at the discretion of the department of community development and may be subject to [Section] 14.28.120. (b) Residential multiunit structures, condos, town homes and duplexes (except those with individual driveways) etc., shall be numbered with a single address for the complex, then an individual building alphabetical designation and a single unit numeral. For example: 91 E Sterling Rd. Unit A-1, indicating the complex address of 91, building designation of A and unit number 1. (c) Multistory apartment complexes with a common entranceway shall be addressed as individual building numbers and unit addresses. For example: Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 23 of 62 On the right side of Sterling Rd., building one is 90 E. Sterling Rd., building two is 92 E. Sterling Road, building three is 94 E. Sterling Rd., etc., Floor one of building one is numbered from left to right starting 100, 102, 104, 106 etc. Floor two is numbered left to right 200, 202, 204, 206, etc. On the left side of Sterling Road, building one is 91 E. Sterling Rd., building two is 93 E. Sterling Rd., building three is 95 E. Sterling Rd., etc., Floor one of building one is numbered left to right 101, 103, 105, 107 etc. Floor two is number left to right 201, 203, 205, 207, etc. (d) Commercial multi unitmulti-unit buildings will have one numeric address per building with alphabetic unit designations. For example: 24230 NE State Route 3 units from left to right A, B, C, D, E and F. (e) For large industrial complexes each building with shall have an individual address with alphabetic unit designations for individual tenants of the building or as otherwise designated and approved by the fire code official or fire marshal. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.28.110 Road signs. (a) All roads maintained by Mason County shall display the proper signing, including road name and district indicator. (b) Mason County shall be responsible for the placement and maintenance of all road signs required for implementing this ordinance for county maintainedcounty-maintained roadways. (c) Roadways within Mason County, maintained and signed by the Washington State Department of Transportation, will be the responsibility of that department. (d) Private roads not maintained by Mason County shall be signed in conformance with this ordinance within thirty days of naming the private roadway. (e) Parcel owners using the private roadway shall be responsible for the cost and maintenance of private road signs. (f) Streets and roads shall be identified with approved signs and directional maps when required pursuant to section 14.28.040. (g) Temporary signs shall be installed at each street intersection when development of new roadways allows passage by vehicles. Signs shall be a minimum of twenty-four inches in length or a maximum of sixty inches to accommodate varying name lengths. Height shall be a minimum of eight inches with five-inch letters describing the geographical indicator first then the road name ending in the road type indicator as described in the State Sign Fabrication Manual M55.05. For example: E Island Lake Dr. SE Brewer Rd. W Countryside Ct. (h) Signs shall be of green permanent waterproof materials with white reflective lettering. All sign supports shall be of a breakaway design, having the ability to break away if struck by a vehicle. (i) The sign shall be a minimum height of seven feet from the bottom of the sign to surface of the ground, for visibility. Formatted: Font color: Red, Strikethrough Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 24 of 62 (j) The sign shall be located as to not interfere with site distance or road maintenance operations. (k) Private road signing, placement and maintenance shall be the responsibility of the property owner(s). (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.30 PARK TRAILER/RECREATIONAL PARK TRAILER INSTALLATIONS FOR PARK TRAILERS/RECREATIONAL PARK TRAILERS11 14.30.010 Definitions. "Insignia" is a label attached to each recreational park trailer/park trailer, indicating the unit meets Washington State Department of Labor and Industries rules and regulations and conforms to the American National Standards Institute Standard A119.2 for recreational vehicles and A119.5 for park trailers and Chapter 296-150P WAC for recreational park trailers. "Installation permit" an authorization from the Mason County Department of Community Development to locate a recreational park trailer/park trailer in Mason County. Commonly referred to as a building permit. "Park trailer," see recreational park trailer. "Recreational park trailer" is a trailer type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use. It is built on a single chassis, mounted on wheels, having a gross trailer area not exceeding four hundred square feet in the set up mode measured to the outside of trim boards and is certified by the manufacturer as complying with ANSI A119.5. Additional definitions are defined in Chapter 296-150P Washington Administrative Code (WAC). (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.30.030 County standards for installation of recreational park trailers/park trailers. The establishment and use of a recreational park trailer/park trailer brought into Mason County or moved within Mason County for human habitation shall be permitted once the following conditions have met departmental approval: (a) All recreational park trailers/park trailers shall be installed following the printed manufacturers installation instructions. A copy of these instructions shall be on site for review by the Mason County Building Inspector performing the inspections. (b) If the manufacturer installation instructions are not available the owner may install the unit in accordance with installation instructions to be provided by a licensed design professional in accordance 11Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.30 in its entirety to read as herein set out. Former Chapter 14.30 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. Formatted: Indent: First line: 0" Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 25 of 62 with ANSI A119.5 Section 5-8 and WAC 296 150F. . These installation instructions must be on site for review by the building inspector. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013; Ord. No. 2021-007, Att. A, 1-19-2021) Chapter 14.32 SURVEY RECORDING ACT 14.32.010 Purpose of provisions—Statutory authority. The purpose of this chapter is to implement the Survey Recording Act (Chapter 50, Laws of 1973) and to assist in preserving evidence of land surveys by establishing fees for recording a public record as prescribed by the Act. (Ord. 321 § 1, 1973). 14.32.020 Record of survey—Dimensions—Filing and fees. The record of land surveys shall be eighteen inches by twenty-four inches and filed according to the following fee schedule: (a) Basic fee, first page$25.00 (b) Each additional page$5.00 (c) Each additional owner's name$1.00 (Ord. 140-99 § A (part), 1999; Ord. 321 § 2, 1973). 14.32.030 Record of survey—Fees for copies. Copies of the record of survey shall be provided on request according to the following fee schedule: (a) Basic fee, first page$5.00 (b) Each additional page$2.00 (Ord. 140-99 § A (part), 1999; Ord. 52-84, 1984: Ord. 321 § 3, 1973). 14.32.035 Record of survey—Short plat fees. The following fees apply to the recording of surveys for short plats: (a) Basic fee, first page$25.00 (b) Each additional page$5.00 (Ord. 140-99 § B, 1999). Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 26 of 62 14.32.040 Record of monument—Filing. The record of monument shall be filed without charge on the standard form prescribed by the Department of Natural Resources, Bureau of Surveys and Maps. (Ord. 321 § 4, 1973). 14.32.050 Record of monument—Copies. Copies of the record of monument shall be provided on request according to the following fee schedule: (a) Basic fee$2.00 (Ord. 321 § 5, 1973). 14.32.060 Surveyor's certificate. Certificates shall appear on the record of survey map as follows: SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of _______ in _______, 20___. Name of Person (Signed and Sealed) Certificate No. AUDITOR'S CERTIFICATE Filed for record this _____ day of _______ 20 ___ at _____. M. in book _____ of _______ at page _____ at the request of _______. County Auditor (Ord. 321 § 6, 1973). (Ord. 321 § 9, 1973). Chapter 14.40 FACTORY-BUILT HOUSING, COMMERCIAL COACHES AND COMMERCIAL STRUCTURES12 12Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.40 in its entirety to read as herein set out. Former Chapter 14.40 pertained to the same subject matter and derived from Ord. 45-99, 1999; Ord. 59-04, 2004; and Ord. 64-07, 2007. Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 27 of 62 14.40.010 Definitions. "Commercial coach" is a structure (referred to as a unit) that can be transported in one or more sections; is used for temporary commercial purposes; is built on a permanent chassis; conforms to the construction standards of Chapter 296-150C WAC; may include plumbing, mechanical, electrical and other systems. "Commercial structure" is a structure designed or used for human habitation (such as a dormitory) or human occupancy for industrial, educational, assembly, professional, or commercial purpose. WAC296-150F-0030. "Factory built housing" is housing designed for human occupancy such as a single-family dwelling. The structure of any room is entirely or substantially prefabricated or assembled at a place other than a building site. It may also include a component. A factory built house is also referred to as a "modular" structure. Factory built housing does not include manufactured and mobile housing. "Insignia" is a label attached to the structure by the department of labor and industries to verify the requirements of Chapter 296-150F WAC for factory built housing and commercial structures. It could also be a stamp or label attached to a component to verify that it meets the requirements of Chapter 296-150F WAC. Proof of department of labor and industries insignia shall be required for all new and used factory built housing and commercial structures. Commercial coach insignia information can be obtain in WAC 296-150FC. "Installation permit" is authorization from the Mason County Department of Community Development, th e Mason County Department of Public Works and Mason County Fire Marshal to locate a factory built house, commercial coach or commercial structure in Mason County. Commonly referred to as a building permit. Additional terms are defined in Chapter 296-150F WAC and Chapter 296-150C WAC and by reference these chapters shall be included as part of this chapter. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.44 EXCAVATION AND GRADING13 14.44.030 Definitions. For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section. "Approval" means the proposed work or completed work conforms to this chapter in the opinion of the official. "As-graded" is the extent of surface conditions on completion of grading. "Bedrock" is in-place solid rock. 13Editor's note(s)—Ord. No. 44-10, adopted May 25, 2010, amended Chapter 14.44 in its entirety to read as herein set out. Former Chapter 14.44 pertained to the same subject matter and derived from Res. 141-96, 1996; and Ord. 64-07, 2007. Formatted: Indent: First line: 0" Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 28 of 62 "Bench" is relatively level step excavated into earth or rock material as part of the placement of stable fill. "Borrow" is earth material acquired from another location for use in grading on a site. "Civil engineer" is a professional engineer registered in the state of Washington to practice in the field of civil engineering. "Civil engineering" is the application of knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. "Compaction" is the densification of a fill by mechanical means. "Critical areas" are areas where unstable soils, steep slopes, streams, wetlands, ponds, freshwater and saltwater shorelines, and floodplains are present. "Earth material" is any rock, natural soil or fill or any combination thereof. "Engineering geologist" is a geologist experienced in engineering geology in the state of Washington. "Engineering geology" is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. "Erosion" is the wearing away of the ground surface as a result of the movement of wind, water or ice. "Excavation" is the mechanical removal of earth material. "Fill" is a deposit of earth material placed by artificial means. "Geotechnical engineer." See "Soils engineer." "Grade" is the vertical location of the ground surface. "Existing grade" is the grade prior to grading. "Finish grade" is the final grade of the site which conforms to the approved plan. "Rough grade" is the stage at which the grade approximately conforms to the approved plan. "Grading" is any excavating or filling or combination thereof. "Key" is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Official" is the Director of the Mason County Department of Community Development, Public Works Director or their his qualified representative/s, or agent/s. "Professional inspection" is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. "Site" is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. "Slope" is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" is naturally occurring superficial deposits overlying bedrock. "Soils engineer (geotechnical engineer)" is a civil engineer experienced in the practice of soils engineering (geotechnical engineering) in the state of Washington. Formatted: Indent: First line: 0" Formatted: Font color: Red, Strikethrough Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 29 of 62 "Soils engineering (geotechnical engineering)" is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof. "Terrace" is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.44.050 Permits—Required when. (a) Permits Required. Except as specified in subsection (b) of this section, no person shall do any grading without first having obtained a grading permit from the official. A grading permit shall be required for a project involving excavation or fill that totals two hundred or more cubic yards of graded material and is not exempted below. Grading activities not requiring a grading permit shall comply with the standards listed in Sections 14.44.170 through 14.44.210. (a) Permits Required. Except as specified in subsection (b) of this section, no person shall do any grading without first having obtained a grading permit from the official. A grading permit shall be required for a project involving excavation or fill that total, two hundred or more cubic yards of graded material for lots exceeding one-acre and which do not impact neighboring properties or which are not otherwise exempted in subsection (b). Grading activities not requiring a grading permit shall comply with the standards listed in Sections 14.44.170 through 14.44.210. Lots less than one-acre are subject to permits when excavation or fill exceeds 50 cubic yards unless specifically exempted by subsection (b). (b) Exempted Work. A grading permit is not required for the following: (1) When approved by the official or other authorized representative of the county, grading in an isolated, self-contained area if there is no danger or hazard to adjacent private/public property or other improvements; (2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure provided the excavation does not impact properties outside of the lot where work is being performed. ; (3) An excavation which: (a) is less than two feet in depth, or (b) which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical; (4) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed two hundred cubic yards on any one lot and does not obstruct a drainage course; (4) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support stru ctures, and which meets the requirements of Item (a) above, on any single lot and does not obstruct or alter a drainage course; (5) Cemetery graves; (6) Refuse disposal sites controlled by other regulations; Formatted: Strikethrough Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt, Not Highlight Formatted: Font: 10 pt Formatted: Font: 10 pt, Not Highlight Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt, Not Highlight Formatted: Strikethrough Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt, Not Highlight Formatted: Font: 10 pt Formatted: Font: 10 pt Created: 2023-04-05 09:20:10 [EST] (Supp. No. 62-2-23) Page 30 of 62 (7) Excavations for wells or tunnels or utilities; (8) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property; (9) Exploratory excavations under the direction of a soil engineer or engineering geologist; (10) Grading on public rights-of-way done by or under the supervision or construction control of a public agency that assumes full responsibility for the work; (11) Grading necessary for agricultural operations, unless it causes hazards to property or public road, or obstructs a watercourse or drainage; (12) Maintenance of existing fire breaks and roads; (13) Performance of emergency work necessary to protect life and property when urgent necessity arises. The official shall be notified promptly and the person performing the work shall apply for a permit within ten calendar days; (14) Grading associated with a logging operation under a current forest practice permit, except for class IV- General Permits/s. . Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any other work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of Mason County. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.44.080 Grading designation. Grading in excess of five thousand cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, andengineer and shall be designated as "engineered grading." Grading involving less than five thousand cubic yards shall be designated "regular grading" unless the official requires the grading to be performed as engineered grading. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 31 of 62 14.44.210 Erosion control. (a) Slopes. The faces of cut and fillfilled slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) 14.44.220 Grading inspection. (a) General. Grading operations for which a permit is required shall be subject to inspection by the official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, engineering geologist or testing laboratory retained to provide such services in accordance with subsection (e) of this section for engineered grading and as required by the official for regular grading. (b) Civil Engineer. The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 32 of 62 drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer and submitted for review to the jurisdiction prior to performing the work. (c) Soils Engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the official and the civil engineer. (d) Engineering Geologist. The engineering geologist shall provide professional inspection within such engineering geologist's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations arerecommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. (e) Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The permittee shall engage consultants, if required, to provide professional inspections on a timely basis and shall act as a coordinator between the consultants, the contractor and the official. In the event of changed conditions, the permittee shall be responsible for informing the official of such change and shall provide revised plans for approval. (f) Official. The official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants. (g) Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the official. (h) Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the official in writing of such change prior to the recommencement of such grading. (Ord. No. 44-10, 5-25-2010; Ord. No. 32-13, 6-18-2013) Chapter 14.46 STORM AND SURFACE WATER UTILITY 14.46.010 PurposeEstablishment and Boundaries. Pursuant to Chapter 36.89 RCW there is hereby established Aa storm and surface water utility. iThe Storm and Surface Water Utility boundary is county-wide, excepting incorporated City of Shelton, the Skokomish and Squaxin Island Reservations, Olympic National Park, Olympic National Forest and designated forestland under Chapter 84.33 RCW or timberland under chapter 84.34 RCW. s created for Mason County to develop and implement strategies and actions to reduce the frequency and severity of flooding so hazardous situations are Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 33 of 62 eliminated; water quality improvement in all local streams, water bodies, Puget Sound and Hood Canal are achieved; the loss of important aquatic habitats is minimized. The goal of the utility will be to mediate conflicts between the pressures created by development and the need to conserve Mason County's natural environment. (Ord. 80-08 Attach. A (part), 2008). 14.46.020 BoundariesPurpose. The purpose of the Mason County Storm and Surface Water Utility is to: a. manage and control stormwater runoff to prevent pollution of downstream waters, b. comply with provisions of the Washington State Pollution Control Law and Federal Water Pollution Control Act, c. further the Puget Sound Action Agenda and recovery of Puget Sound, and d. compliment and further the purpose of the Mason County Clean Water District. The boundaries of the utility will change over time. Initially the boundaries of the utility will be the Belfair and Allyn Urban Growth Areas as illustrated on Map 1. Future expansion of boundaries will be based on the following schedule provided in Table 1, unless development impacts, new research, or declining water quality and habitat loss indicates a more aggressive need to include the areas in the utility boundaries earlier. TABLE 1 Belfair and Allyn UGA (Map 1) 2008 Defined Marine Recovery Areas and Shelton UGA (Map 2) June 1, 2009 Defined Shellfish Protection Areas (Map 3) June 1, 2010 Defined Rural Activities Centers and Limited Areas of More Intense Rural Development (LAMIRD) (Map 4) June 1, 2011 County wide** (Map 5) June 1, 2012* * Based on development impacts and water quality ** Designated forestlands will not be included in any utility boundary (1) Within the boundaries of the utility (as defined in Table 1) applicable sections of Chapter 14.48 of this regulation will govern the development of land. This will include provisions of the 2005 most current edition of the Department of Ecology Drainage Manual or any version that might be developed in the future. This will include the use of low impact development techniques. (2) Outside the boundaries of the utility as defined in Table 1, applicable sections of Chapter 14.48 will govern the development of land until they might be added to the boundaries of the utility. (3) Regardless of location, any land employing the master plan development process will be required to meet the requirements of subsection (1) of this section and the required sections of Chapter 14.48. (Ord. 80-08 Attach. A (part), 2008). (Ord. 102-09 Attach. A, 11-17-2009) Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.58" Formatted: Paragraph 1 Formatted: Paragraph 1 Formatted: Paragraph 1 Formatted: Paragraph 1 Formatted: Paragraph 1 Formatted: Paragraph 1 Formatted: Paragraph 1 Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 34 of 62 14.46.030 Utility responsibilitiesAuthority. The Board of Mason County Commissioners are authorized under RCW 36.32.120 to make and enforce ordinances within the unincorporated county related to building, health and safety, public nuisances, and other subjects. RCW 36.89.030 authorizes counties to establish, acquire, develop, construct and improve stormwater control facilities and establish rates and charges to pay for the cost of planning, designing, establishing, acquiring, constructing, maintain, operating or improving stormwater control facilities.utility will have three basic responsibilities: (1) Flooding management; (2) Water quality improvement; (3) Protecting aquatic habitat. (Ord. 80-08 Attach. A (part), 2008). 14.46.031 Organization of the uUtility Responsibilities. The Board of Mason County Commissioners hereby directs Mason County Public Works/Utilities and Waste Management to serve as the county department responsible for administering the storm and surface water utility, in cooperation and coordination with the following will be organized to perform the following functions: Responsible Department Environmental planning and policy development Utilities and Waste Management and Environmental Health Capital facilities planning Public Works Community Development Operations and maintenance Utilities and Waste Management Road Operation and Maintenance Division Code enforcement and technical assistance Community Development and Public Works Development review and inspection Community Development and Public Works Monitoring, research and evaluation Utilities and Waste Management and Environment Health Program management and administration Utilities and Waste Management Public involvement and education Utilities and Waste Management, Environmental Health, Mason Conservation District and WSU Extension (Ord. 80-08 Attach. A (part), 2008; Ord. 102-09 Attach. A, 11-17-2009). 14.46.040 Financial managementUtility Rates and Charges. Reserved There are no annual stormwater fees associated with the creation of the utility at this time. Assessments or fees may become necessary to support the utility and its functions. Any fee system may be based on impervious surfaces, including all hard surfaces on a property including roof areas. Designated forest, agricultural lands, and Formatted: Paragraph 1 Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 35 of 62 open space lands will be exempt from payment of any assessment or fees. Properties greater than twenty acres in size with structures and impervious surfaces will pay a reduced rate. Such rate will be fifty percent of the established rate. Public and private roads constructed of impervious surfacing materials or portion thereof so constructed may be required to pay a fee not to exceed one hundred thousand dollars per year based on maintenance and monitoring needs for retrofit projects. A priority list of projects will be developed before any fee or assessment is collected. These projects can be ones that prevent flooding or manage water quality or preserve aquatic habitat. The first choice for control of any kind should be natural over manmade or built structures. (Ord. 80-08 Attach. A (part), 2008). Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 36 of 62 Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 37 of 62 Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 38 of 62 Created: 2023-04-05 09:20:11 [EST] (Supp. No. 62-2-23) Page 39 of 62 (Ord. 102-09 Attach. A, 11-17-2009) Chapter 14.48 STORMWATER MANAGEMENT* Article I. Findings of Fact, Need and Purpose 14.48.010 Findings of factPurpose and Intent. The purpose and intent of this chapter is to preserve, protect and enhance Mason County’s surface and groundwater. It is the intent of the county to prevent stormwater from becoming a salmon and shellfish habitat limiting factor and to utilize low impact development practices where feasible. This will be accomplished by: 1. Adopting standards and providing minimum requirements and additional measures for new development and redevelopment. These are intended to eliminate, reduce or control the discharge of pollutants to county-owned and operated drainage systems within unincorporated Mason County, and to regulated wetlands, lakes, streams, marine water and groundwater. 2. Identifying illicit discharges and prohibited uses of stormwater facilities. Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 40 of 62 3. Providing enforcement, penalties, and other remedies to ensure compliance. It is further the intent of this chapter to: ▪ Ensure privately constructed, owned, and operated stormwater control facilities have adequate financial resources to be managed properly. ▪ Prevent off-site water quality, erosion, slope stability or drainage impacts from proposed projects. ▪ Recognize local basin plans, shellfish recovery plans, TMDLs and other water quality cleanup plan recommendations and requirements. ▪ Assure compliance with Low Impact Development performance standards unless deemed infeasible. The board of Mason County commissioners of Mason County finds that: (1) This chapter is divided into two parts. The first part defines requirements within the area covered by the storm and surface water utility. Development actions in these areas will be governed by the 2005 most recent Eedition of the Department of Ecology's Stormwater Manual. The Belfair and Allyn UGA's are included in the storm and surface water utility, which was created on June 17, 2008. Other areas of the county may be added as described in Chapter 14.46, to the storm and surface water utility. The second part of the ordinance will regulate development in areas outside the storm and surface water utility including any areas added in the future. Areas outside of the storm and surface water utility are governed by provisions of the 1992 Department of Ecology Stormwater Manual. (2) The 1994 Puget Sound Water Quality Management Plan (as amended) requires all counties and cities within the Puget Sound drainage basin to adopt ordinances to control runoff from new development and redevelopment by January 1, 1995. The plan also directs local governments to adopt stormwater programs, which include minimum requirements for new development and redevelopment set by the plan and in guidance developed by Ecology. (3) Stormwater is a problem associated with land utilization and development and common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, animal wastes and numerous others. Land utilization and development is also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream. Sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain. Stormwater pollution can cause or contribute to closures of shellfish beds and swimming beaches and other restrictions on public use of the waters within Mason County. (4) An expanding population and increased development of land have led to: (A) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds; (B) Drainage and storm and surface water runoff problems within Mason County; and (C) Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways. (5) Continuation of present stormwater practices, to the extent that they exist, will lead to water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the county. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.58" Formatted: Indent: First line: 0.33" Formatted: Bulleted + Level: 1 + Aligned at: 0.33" + Indent at: 0.58" Formatted: Indent: Left: 0.33", First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.58" Formatted: List 2 Formatted: List 2 Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 41 of 62 (6) In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls. (7) Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs). (8) Best management practices can be expected to perform as intended only when properly designed, constructed and maintained. (Ord. 81-08 (part), 2008). 14.48.020 NeedAuthority. The county finds that this chapter is necessary in order to: (1) Satisfy the mandate of Ecology as identified in this section; (2) Minimize or eliminate water quality degradation; (3) Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies; (4) Protect property owners adjacent to existing and developing lands from the undesirable impacts of increased runoff rates; (5) Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses; (6) Preserve and enhance the aesthetic quality of the water; (7) Promote sound development policies, which respect and preserve county surface water and sediment; (8) Ensure the safety of county roads and rights-of-way; (9) Decrease stormwater-related damage to public and private property from existing and future runoff; (10) To protect the health, safety and welfare of the inhabitants of the county. (Ord. 81-08 (part), 2008). 14.48.030 PurposeAdministration. The Director of Public Works/Utilities and Waste Management or their designee is authorized to implement and enforce this chapter. The director shall have the authority to issue permits, impose conditions, provide written approvals, and conduct inspections and investigations as necessary to assure compliance with the provisions of this chapter. The director will coordinate the implementation and enforcement of this chapter with other departments of Mason County government. provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within Mason County. The provisions of this chapter establish the minimum level of compliance, which must be met to permit a property to be developed or redeveloped within Mason County. It is the purpose of this chapter to: (1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies; (2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices; (3) Maintain and protect groundwater resources; Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri) Formatted: Paragraph 1 Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 42 of 62 (4) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns; (5) Decrease potential landslide, flood and erosion damage to public and private property; (6) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions; (7) Maintain and protect the county stormwater infrastructure and those downstream; (8) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts; and (9) Provide guidance on development and construction procedures, which will encourage the preservation of existing natural vegetation to the maximum extent practicable. (Ord. 81-08 (part), 2008). Article II. Definitions 14.48.040 ApplicabilityDefinitions. This chapter applies to unincorporated Mason County. For definitions, see Appendix A attached at the end of this chapter. (Ord. 81-08 (part), 2008). Article III. Stormwater Utility 14.48.050 Stormwater Management Manual for Western Washington adopted. The most recent edition of Ecology's Stormwater Management Manual for Western Washington is adopted by reference. 14.48.060 Definitions Definitions can be found in the Stormwater Management Manual for Western Washington. Stormwater Management Manual for Western Washington adopted. The minimum requirements of the 2005 most recent e Edition of Ecology's Stormwater Management Manual for Western Washington are adopted by reference for the Allyn and Belfair urban growth areas (UGA's) and other areas as defined or added pursuant to Chapter 14.46. As the boundaries of the Mason County stormwater utility are amended to include additional area, the minimum requirements of the 2005 manual shall apply to those additional areas. For information about the utility boundaries, responsibilities, and financial management see Chapter 14.46. In addition to the minimum requirements of the 2005 manual, for new development and redevelopment, no additional stormwater runoff shall be allowed from the property due to added impervious surfaces or disturbed land. The stormwater runoff from new impervious surfaces or disturbed land shall be treated and prevented from flowing off the property being developed. Formatted: Indent: Hanging: 0.33" Formatted: Block 1, Indent: First line: 0.5" Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 43 of 62 (Ord. 81-08 (part), 2008). Article IV. General Provisions 14.48.0670 Abrogation and greater restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 81-08 (part), 2008). 14.48.0780 Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 81-08 (part), 2008). Article V. Applicability 14.48.080 Applicability. Regulated activities shall be conducted only after Mason County public works approves a stormwater site plan, which includes one or more of the following as required by this chapter: (1) Small parcel erosion and sediment control (ESC) plan; (2) Residential site improvement plan accompanied by a written description of the proposed work and improvements; (3) Large parcel erosion and sediment control (ESC) plan; (4) Permanent stormwater quality control (PSQC) plan accompanied by a written description of the proposed work and improvements. Note: Small activities creating less than two thousand square feet of new imperviousness will be required to submit item "1." Residential site development creating more than two thousand square feet of new impervious surfaces will be required to submit items "1 and 2." Nonresidential activities creating more than five thousand square feet of new imperviousness will be required to submit items "3 and 4," prepared by a licensed civil engineer. Residential or nonresidential site development that disturbs an acre or more of land will be required to submit items "3 and 4" prepared by a licensed civil engineer. (Ord. 81-08 (part), 2008). Article VI. Regulated Activities and Allowed Activities Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 44 of 62 14.48.090 Regulated activities. Consistent with the minimum requirements contained in this chapter, the director or their designee shall approve, conditionally approve, or disapprove the following activities, unless exempted in Section 14.48.100 below: (1) New Development. (A) Land disturbing activities; (B) Structural development, including construction; installation or expansion of a building or other structure; (C) Creation of new and replaced impervious surfaces; (D) Class IV general forest practices that are conversions from timberland to other uses; (E) Subdivision, short subdivision and binding site plans, as defined in Ch. 58.17.020 RCW. (2) Redevelopment. (A) On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure,or land disturbing activity, and the value of the proposed improvements exceeds 50% of the assessed or replacement value of the existing site improvements. and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment. (Ord. 81-08 (part), 2008). 14.48.100 Exemptions. Forest practices regulated under Title 222 WAC except for Class IV General forest practices that are conversions from timber land to other uses. Commercial agriculture practices involving working land for production are generally exempt. Conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt. Pavement maintenance practices are generally exempt. Underground utility projects are generally exempt, but subject to Construction Stormwater Pollution Prevention requirements.Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of this chapter. Development undertaken by the Washington State Department of Transportation in state highway right-of- way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 81-08 (part), 2008). 14.48.110 Review and approval. The director may approve, conditionally approve, or deny an application for activities regulated by this chapter. (Ord. 81-08 (part), 2008). Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 45 of 62 14.48.120 Inspection. All activities regulated by this chapter, except those exempt in Section 14.48.100, are subject to inspection by the director. The director may inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work subject to inspection include, but are not limited to, pre- construction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. As required by the director, inspections and/or testing shall be performed by the owner or authorized agent. (Ord. 81-08 (part), 2008). Article VII. General Requirements 14.48.110 1992 Stormwater Management Manual for the Puget Sound Basin adopted. The 1992 most recent eEdition of Ecology's Stormwater Management Manual for the Puget Sound Basin with the exception of the Minimum Requirements Chapter, Volume I, Chapter 2, is adopted by reference to all areas of the county except those noted in Article III. The use of other manuals or methods shall be pre-approved by the director or their designee. (Ord. 81-08 (part), 2008). 14.48.120 Stormwater best management practices (BMPs). (a) General. BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. BMPs are in the 1992 manual. (b) Farm Plan BMPs. For new development that will include "hobby farm" elements such as pastures, corrals, etc., farm plan BMPs are recommended (not required) for incorporation into the site design. Contact Mason County's public works department or the Mason conservation district for further farm plan guidance. (c) Experimental BMPs. In those instances where appropriate BMPs are not in the 1992 manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the 1992 manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outline in the 1992 manual. (Ord. 81-08 (part), 2008). 14.48.1330 Illicit discharges. Illicit discharges to stormwater drainage systems are prohibited. Examples of illicit discharges include, but are not limited to, the following: ▪ Trash or debris; ▪ Construction materials; ▪ Petroleum products; Formatted: Section Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: List Paragraph, Justified, Space Before: Auto, After: Auto, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 46 of 62 ▪ Antifreeze and other automotive products; ▪ Metals in either particulate or dissolved form, in excess of naturally occurring amounts; ▪ Paints, stains, resins, lacquers, or varnishes; ▪ Degreasers and/or solvents; ▪ Commercial and household cleaning materials; ▪ Pesticides, herbicides, or fertilizers; steam cleaning wastes; ▪ Soaps, detergents, or ammonia; ▪ Chlorine, bromine, and other disinfectants; ▪ Heated water; ▪ Swimming pool or hot tub water not in accordance with Section 15.07.060.B.2; ▪ Human and animal wastes; ▪ Sewage; ▪ Food waste; ▪ Collected yard waste; ▪ Concrete and concrete by-products; ▪ Silt, sediment, including dirt, sand, and gravel; ▪ Chemicals not normally found in uncontaminated water; ▪ Any hazardous substance or waste not listed above. Allowable Discharges. The following categories of non-stormwater discharges shall not be considered illicit discharges under this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution of surface water or groundwater: 1. Potable water, provided the water is not chlorinated in excess of 0.1 ppm total chlorine and will have no detectable total chlorine residual upon reaching waters of the state, is pH-adjusted, and the volume and velocity are controlled to prevent erosion and re -suspension of sediments in the stormwater drainage system and in the receiving water. 2. Dechlorinated swimming pool discharges, provided that they are dechlorinated to a concentration of 0.1 ppm, pH-adjusted and re-oxygenated if necessary, and the volume and velocity are controlled to prevent erosion and re-suspension of sediments in the stormwater drainage system and in the receiving water. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Discharge of swimming pool cleaning wastewater and filter backwash water is prohibited. 3. Air conditioning condensation. Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: List Paragraph, Justified, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Justified, Space Before: 0 pt, After: 9.75 pt, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Justified, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Justified, Space Before: 0 pt, After: 9.75 pt, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Justified, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 47 of 62 4. Uncontaminated water from crawl space pumps or footing or foundation drains. 5. Uncontaminated pumped ground water provided there is adequate capacity. 6. Natural uncontaminated surface water or ground water. 7. Uncontaminated roof runoff water. 8. Street and sidewalk wash water, water used to control dust, and external building wash down that does not use detergents, provided the discharge is minimized. 9. Non-stormwater discharges covered by and in full compliance with another NPDES or state waste discharge permit. 10. Discharges from emergency firefighting activities. 11. Discharges containing water tracing dyes used specifically for the purpose of drainage system or pollution investigations. Any persons conducting dye tests, other than county departments must provide verbal notification to the director prior to initiation of the dye test. 12. A person employing properly designed, constructed, implemented, and maintained BMPs and carrying out AKART to prevent pollution of stormwater. Reporting Illicit Discharges. A person must report to the cou nty spills hotline any spill, release, dumping, or other situation that constitutes an illicit discharge to a storm drainage at the earliest possible time, but in any case, within twenty-four hours of obtaining that knowledge. This reporting requirement is in addition to, and does not replace, any other reporting requirements under federal, state, or local laws. Prohibition of Illicit Connections. 1. Prohibition of illicit connections. The construction, use, maintenance, or continued existence of an illicit connection to any municipal storm drainage system is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection, except for connections conveying discharges listed above provided the conditions are met. 2. Exceptions. The director may allow connection to a municipal storm drainage system, through written authorization on a case-by-case basis. Special conditions may be required by the director as part of such an authorization to connect. E. It shall be a violation of this chapter to fail to remove pollutants associated with a discharge from a private storm drainage system that enters the municipal storm drainage system. (Ord. 81-08 (part), 2008). Article VIII. Approval Standards Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) +Body (Calibri), Font color: Custom Color(RGB(49,51,53)), Expanded by 0.1 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), 10 pt Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 48 of 62 14.48.140 Small parcel minimum requirements. The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with small parcel requirements 1 through 4, to prepare a small parcel erosion and sediment control plan, and may need to prepare a small parcel drainage plan/sketch (Mason County's public works department can provide additional instructions, guidance, and examples if a small parcel drainage plan is deemed necessary): (a) creation or addition of less than two thousand square feet of impervious surface area; (b) land disturbing activities of less than one acre. (1) Small Parcel Requirement #1 Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. (2) Small Parcel Requirement #2 Stabilization of Potentially Erodible Denuded Areas. Soil stabilization. All exposed and unworked soils with erosion potential shall be stabilized by suitable application of BMPs, including but not limited to sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with an approved manual. From October 1 through April 30, no soils shall remain exposed for more than two days. From May 1 through September 30, no soils shall remain exposed for more than seven days. (3) Small Parcel Requirement #3 Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs. (4) Small Parcel Requirement #4 Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained by the owner or authorized agent to ensure continued performance of their intended function. (5) Small Parcel Requirement #5 Other BMPs. As required by the director, other appropriate BMPs to mitigate the effects of increased runoff shall be applied. (Ord. 81-08 (part), 2008). 14.48.150 New development and redevelopment—Minimum requirements. Development of individual, detached, single-family residences and duplexes exceeding two thousand square feet of impermeable surfacing must have a small parcel erosion and sediment control plan, and a residential site improvement plan (which includes a written description of the proposed work and development) prepared and submitted for county review and approval. Nonresidential development exceeding five thousand square feet of impermeable surfacing and/or land disturbing activities of one acre or more must have the large parcel ESC plan (if required) and the permanent stormwater quality control (PSQC) plan (if required) prepared and stamped by a licensed civil engineer. All applicants shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques as defined in the most current version of the Stormwater Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 49 of 62 Manual for Western Washington produced by Washington State Department of Ecology, or pursuant to stormwater management requirements adopted by Mason County, where more stringent. (1) New Development. (A) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements #1 through #11 in subsections (3) through (13) of this section. Compliance shall be demonstrated through the implementation of an approved stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate. (B) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements #2 through #11 in subsections (4) through (13) of this section and the small parcel minimum requirements found in Section 14.48.140 above. This category of development shall also prepare a stormwater site plan that includes a small parcel erosion and sediment control plan. Compliance shall be demonstrated through the implementation of an approved stormwater site plan that includes a small parcel erosion and sediment control plan and a PSQC plan. (C) All new residential development and redevelopment (individual, detached, single family residences and duplexes) that includes the creation or addition of two thousand square feet, or greater of new impervious surface area, shall prepare a small parcel erosion and sediment control plan which complies with minimum requirements #1 through #5 in Sections 14.48.140(1) through 14.48.140(5), and shall prepare a residential site improvement plan which includes a written description of the proposed work and development. The small parcel erosion and sediment control plan along with the residential site improvement plan should show and describe how development impacts are proposed to be mitigated. Compliance shall be demonstrated through the implementation of approved erosion and sediment control plan, and a residential site improvement plan. (2) Redevelopment. (A) Where nonresidential redevelopment of greater than or equal to five thousand square feet occurs. The new development minimum requirements #1 through #11, subsections (3) through (13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. A stormwater site plan shall be prepared. (B) In addition to the above requirements, where one or more of the following conditions apply, a stormwater site plan shall also be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (minimum requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin. (i) Existing sites greater than one acre in size with fifty percent or more impervious surface. (ii) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to water bodies: Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 50 of 62 a. Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; b. Listed under Section 303(d) of the Clean Water Act as not expected to meet water quality standards or water quality goals; c. Listed in Washington State's Non-point Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control non-point sources of pollution cannot reasonably be expected to attain or maintain water quality standards. (iii) Sites where the need for additional stormwater control measures has been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act planning. (3) Minimum Requirement #1: Erosion and Sediment Control. All new development and redevelopment that includes land disturbing activities of one acre or greater shall comply with erosion and sediment control requirements 1 through 14, below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of a large parcel erosion and sediment control plan. All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in Section 14.48.130, above. Compliance with th e small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan. The following erosion and sediment control requirements shall be met: (A) Erosion and Sediment Control Requirement #1: Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no exposed and unworked soils shall remain unstabilized for more than two days. From May 1 to September 30, no exposed and unworked soils shall remain unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. (B) Erosion and Sediment Control Requirement #2: Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses. (C) Erosion and Sediment Control Requirement #3: Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from damage by sediment deposition. (D) Erosion and Sediment Control Requirement #4: Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement #1. (E) Erosion and Sediment Control Requirement #5: Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement #1. Supplemental Guidelines: Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, ground water conditions, and other applicable factors. Slopes which are found to be Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 51 of 62 eroding excessively within two years of construction must be provided with additional slope stabilizing measures until the problem is corrected. (i) Roughened soil surfaces are preferred to smooth surfaces on slopes (see BMP E2.35 in Chapter II-5). (ii) Interceptors (see BMP E2.55 in Chapter II-5) should be constructed at the top of long steep slopes, which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length. (iii) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, or pipe slope drain (see BMP E2.25 in Chapter II-5). (iv) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided (BMPs E2.30 and E2.75 in Chapter II-5). (F) Erosion and Sediment Control Requirement #6: Controlling Off-site Erosion. Properties and waterways downstream from development sites shall be protected from damage by erosion due to increases in the volume, velocity, or peak flow rate of stormwater runoff from the project site. (G) Erosion and Sediment Control Requirement #7: Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of the peak flow from a two-year, twenty-four-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems. (H) Erosion and Sediment Control Requirement #8: Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not be discharged offsite or be introduced into any fill area without first being filtered or otherwise treated to remove sediment. (I) Erosion and Sediment Control Requirement #9: Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria: (i) No more than five hundred feet of trench shall be opened at one time, unless provisions are made to protect against adverse stormwater impacts. (ii) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. (iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond. (J) Erosion and Sediment Control Requirement #10: Construction Access Routes. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 52 of 62 (K) Erosion and Sediment Control Requirement #11: Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. (L) Erosion and Sediment Control Requirement #12: Dewatering Construction Sites. Trench dewatering devices shall be discharged in a manner that will not adversely affect flowing streams, drainage systems, or offsite property. Water discharged from dewatering pumps shall be routed through a sediment pond or trap unless it is clear. (M) Erosion and Sediment Control Requirement #13: Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. (N) Erosion and Sediment Control Requirement #14: Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed and in a timely manner to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with an approved manual. (O) Erosion and Sediment Control Requirement #15: Financial Liability. Performance bonding, or other appropriate instruments, may be required to ensure compliance with the approved erosion and sediment control plan. (4) Minimum Requirement #2: Preservation of Natural Drainage Systems. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location to the maximum extent practicable. (5) Minimum Requirement #3: Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (minimum requirement #9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites. (6) Minimum Requirement #4: Runoff Treatment BMPS. All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality storm, defined as the six-month, twenty-four-hour storm. The first priority for treatment of stormwater shall be to infiltrate as much as possible of the water quality design storm into the ground. (Infiltration BMPs practices shall be in accordance with Chapter III-3 of the PSWQA Manual) Pretreatment of stormwater prior to infiltration into the ground may be required in cases where: (A) The stormwater contains high concentrations of undesirable dissolved chemicals that can move through soil. (B) The stormwater contains large amounts of sediment that might clog the infiltrative surfaces in the basin. (C) The soils are extremely pervious and will not properly filter the stormwater as in the case for some gravelly (type one) soils. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director. Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 53 of 62 An adopted and implemented basin plan (minimum requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin. The objectives of providing stormwater treatment BMPs are, for both surface and ground waters, to protect the quality and quantity, to allow attainment of the designated uses, and to meet state standards promulgated under Chapter 173 of the Washington Administrative Code. (7) Minimum Requirement #5: Streambank Erosion Control. The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment BMPs: Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to fifty percent of the existing condition two-year, twenty-four hour design storm while maintaining the existing condition peak runoff rate for the ten-year, twenty-four hour and one hundred- year, twenty-four hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director, and maintained according to the 1992 manual. An adopted and implemented basin plan (minimum requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin. (8) Minimum Requirement #6: Wetlands. Stormwater discharges to wetlands shall maintain the wetland's natural hydroperiod and flows to the extent needed to preserve or enhance its existing functions and values. Prior to proposing discharge of higher volumes of stormwater to a wetland, alternative discharge, detention, and infiltration practices located in areas outside the wetland shall be evaluated and employed by the project engineer where feasible and practicable. These requirements apply to existing natural wetlands and wetlands created as mitigation for loss of wetland acreage. Wetlands constructed and operated solely for use as stormwater treatment/storage areas are exempt from these and most other restrictions that apply to natural wetlands. Constructed wetlands may lose this exemption if not operated and maintained as stormwater areas for three or more years. Other local, state, or federal wetland protection requirements may also apply. (9) Minimum Requirement #7: Water Quality Sensitive Areas. Where the Mason County commissioners or their designee determine that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. An adopted and implemented basin plan (minimum requirement #9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. (10) Minimum Requirement #8: Off-site Analysis and Mitigation. Downstream Analysis May Trigger Additional Requirements. The project engineer shall provide a detailed qualitative analysis of the flow path of the discharge from the project site to the receiving water. This requirement shall apply to all projects where a drainage and erosion control plan is prepared, including those proposing retention facilities. This analysis shall include flow routing, and provide existing pipe and channel sizes and estimated capacities. In addition, the project engineer shall discuss any known or expected downstream erosion, flooding, or water quality problems, including those that may be caused by interflow from the proposed retention facility. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. In making this determination, the director or designee shall consider such factors as the Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 54 of 62 relative size of the new development, availability of other hydrologic work for the drainage area, and the extent to which stormwater generated on the project site is to be infiltrated. Based upon this analysis, the project engineer may determine or the director or designee may require that a quantitative analysis of the conveyance system be performed both upstream and downstream of the project site. A quantitative analysis will not be required for most projects that propose to infiltrate most or all stormwater. This analysis shall determine conveyance system performance for the appropriate design event(s) both with and without the proposed development. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. The director or designee shall consider factors such as the relative size of the new development, availability of other hydrologic work for the drainage area, and the results of the qualitative analysis, in making this determination. The quantitative downstream analysis will include modeling the hydraulics of the proposed project and all other sources of runoff tributary to the receiving water body for the appropriate design event. The project engineer shall include an analysis of the impact of the twenty-four hour, one hundred-year event (in addition to "Design Event" analysis) for each component of the system including pond spillway. The director or designee may impose stricter discharge and/or detention standards if the discharge from the project, evaluated in the context of other existing conditions in the drainage area, is reasonably expected to result in any of the following: (A) Flooding; (B) Loss of aquatic habitat due either to high or low flows; (C) Property damage; (D) Water quality problems; (E) Erosion; (F) Or an unacceptable interruption of vital services. If the project engineer (or director or designee) determines that greater treatment, infiltration and/or storage volumes, lower release rates, or downstream improvements are needed, he/she shall specify project design criteria or other means to relieve the downstream problems (providing that such solution will not violate minimum standards established in the 1992 manual). Other means might include increases in downstream flow capacity and/or offsite detention and infiltration facilities, plans and financing for which will be subject to the approval of the director or designee. (11) Minimum Requirement #9: Basin Planning. Basin Plan Supersedes 1992 Manual. If a proposed project is located in a basin or sub basin for which the county has an adopted basin plan, stormwater requirements specifically identified in the basin plan shall take precedence over those provided in this chapter. However, all other elements detailed in this chapter shall continue to apply to such projects. Basin plans are required to be developed according to an approved manual. (12) Minimum Requirement #10: Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. An operation and maintenance (O&M) Covenant will be required to cover all privately owned and maintained stormwater facilities approved by the director. O&M covenant forms are available at the Mason County public works office. A copy of the completed instrument,A copy of the completed instrument shall be recorded with the county auditors' office by the proponent, and a copy of the recorded instrument is required to be submitted to the public works department prior to final approval of the completed permanent stormwater facilities. Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 55 of 62 (13) Minimum Requirement #11: Financial Liability. Performance bonding, or other appropriate instruments shall be required for all projects to ensure compliance with these standards. (14) Variances from These Standards. Variances from these standards may be allowed at the discretion of the director or designee provided that the proponent will substantially meet flow control and water quality goals established by or implicit in these standards. Compliance with ordinance requirements shall normally occur within the project area, but may be performed as offsite mitigation in certain situations. Examples of cases when variances may be approved includes, but are not limited to, the following: (A) That the special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography, or location, and that literal interpretation of these standards would deprive the property owner of rights commonly enjoyed by other properties similarly situated; or (B) That the site is being remodeled and certain site investigations would be destructive to existing structures; or (C) That remodels of existing projects which are either too small or so configured that in the director's or designee's opinion some requirements of the manual cannot practically be met; or (D) That public works or private sector projects are in an existing road right-of-way, which is not of adequate size to install preferred BMPs and for which right-of-way cannot be expanded because of encroaching structures or setbacks for existing structures. All requests for variances must be submitted in writing to the director or designee, and must clearly state the specific section(s) of the ordinance from which a variance is requested and why. (15) Experimental BMPs. Experimental best management practices are defined as BMPs, which have not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Some so-called experimental BMPs will likely be minor variations on an existing theme. In that case, Ecology would review and approve or disapprove the BMP in as timely a manner as possible. Where new designs are developed (examples of experimental BMPs may be found in Section I-2.17.2 of the PSWQA Manual), the review will be extended through the use of a standing committee of technical experts. These persons will review and comment on the practice, and Ecology will then determine whether or not these BMPs should be approved and/or added to the manual. (A) Approval of Experimental BMPs. Approval to use an experimental BMP may be granted subject to initial approval by the Department of Ecology and the local government. If such experimental BMPs prove useful they may be incorporated into later editions of the manual following appraisal of the results and appropriate technical review conducted by Ecology in collaboration with local governments and other interested parties. Approval to use an experimental BMP will only be granted when a suitable contingency plan using approved BMPs has been provided by the applicant to be used in the event that the experimental BMP does not perform adequately. In addition, several experimental BMPs have been included in the 1992 manual. People may wish to use these BMPs on a trial basis, subject to approval by the local government and provision of a contingency plan. In any event, use of experimental BMPs is encouraged whenever applied research is being undertaken so that more information is made available to facilitate judgement on their applicability and possible adoption as an approved BMP. (Ord. 81-08 (part), 2008; Ord. No. 04-18, Att. A, 2-1-2018; Ord. No. 12-18, Att. A, 2-20-2018; Ord. No. 19-18, Att. A, 3-20-2018). Title 14 - BUILDINGS AND CONSTRUCTION Chapter 14.48 - STORMWATER MANAGEMENT* Article IX. Administration Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 56 of 62 Article IX. Administration 14.48.160 Director. The Mason County public works director or a designee shall administer the technical requirements of this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. Responsibilities for the stormwater utility are defined in Chapter 14.46 of the Mason County Code. (Ord. 81-08 (part), 2008). 14.48.170 Review and approval. The director may approve, conditionally approve or deny an application for activities regulated by this chapter. Copies of Articles IX through XII shall be given to all applicants. (Ord. 81-08 (part), 2008). 14.48.180 Enforcement authority. The director shall enforce this chapter. (Ord. 81-08 (part), 2008). 14.48.190 Inspection. All activities regulated by this chapter, except those exempt in Section 14.48.100, are subject to inspection by the director. The director may inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work subject to inspection include, but are not limited to, pre- construction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. As required by the director, inspections and/or testing shall be performed by the owner or authorized agent. (Ord. 81-08 (part), 2008). Article X. Enforcement 14.48.200 Enforcement authority. The director shall enforce this chapter pursuant to Title 15. 14.48.200 General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 57 of 62 violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action. (Ord. 81-08 (part), 2008). 14.48.210 Stop work order. The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter. (1) Content of Order. The order shall contain: (A) A description of the specific nature, extent, and time of violation and the damage or potential damage; and (B) A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 14.48.220 below may be issued with the order. (2) Notice. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same. (3) Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (4) Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty. (Ord. 81-08 (part), 2008). 14.48.220 Civil penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval order issued, who undertakes new development without first obtaining county approval, or who fails to comply with a stop work order issued under these regulations shall be deemed to be in violation of this chapter and subject to a civil penalty. (1) Amount of Penalty. The penalty shall not be less than fifty dollars or exceed one hundred dollars for each site per day. Each day of continued violation or repeated violation shall constitute a separate violation. (2) Aiding and Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. (3) Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the county. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specified time. (4) Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within ten business days of receipt of the penalty to the county public works director for remission or mitigation of such penalty. Upon receipt of the application, the county public works director may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 58 of 62 of information or factors not considered in setting the original penalty. The decision may be appealed to the board of county commissioners within ten business days of the decision. (5) Appeal of Civil Penalty. Persons incurring a penalty imposed by the director may appeal in writing within ten business days of the receipt of the penalty to the board of Mason County commissioners. The commissioner's decision may be appealed to the Mason County superior court within ten business days of the decision. (Ord. 81-08 (part), 2008). 14.48.230 Penalties due. Penalties imposed under this section shall become due and payable thirty days after receiving it unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after the receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the county is not paid within the time specified, the county shall take actions necessary to recover such penalty. (Ord. 81-08 (part), 2008). 14.48.240 Penalty recovered. Penalties recovered shall be paid to a fund established by the board of Mason County commissioners, dedicated to enforcement, education, and/or enhancement of the stormwater management program. (Ord. 81-08 (part), 2008). Article XI. Exceptions 14.48.250 Right of appeal. All actions of the director shall be final and conclusive, unless within ten business days of the date of the director's action, the original applicant or an adverse party gives written notice of appeal to the board of Mason County commissioners for review of the actions. (Ord. 81-08 (part), 2008). 14.48.260 Findings of fact. Exceptions to minimum requirements may be granted prior to permit approval and construction. An exception may be granted following a public hearing, provided that a written finding of fact is prepared, that addresses the following: (1) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met; (2) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in Created: 2023-04-05 09:20:13 [EST] (Supp. No. 62-2-23) Page 59 of 62 question, and every effort to find creative ways to meet the intent of the minimum standards has been made; (3) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and (4) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements. (Ord. 81-08 (part), 2008). 14.48.270 Prior approval. Any exception shall be approved prior to permit approval and construction. (Ord. 81-08 (part), 2008). 14.48.280 Duration of exception. Exceptions granted shall be valid for two years, unless granted for a shorter period. (Ord. 81-08 (part), 2008). 14.48.290 Board of appeals. After a public hearing and establishing "Findings of Facts," the board of Mason County commissioners may grant an exception from the requirements of this chapter. In granting any exception, the board of Mason County commissioners may prescribe conditions that are deemed necessary or desirable for the public interest. The board of Mason County commissioners, at its discretion, may delegate this responsibility to a hearing examiner. (Ord. 81-08 (part), 2008). APPENDIX A: DEFINITIONS Created: 2023-04-05 09:20:14 [EST] (Supp. No. 62-2-23) Page 60 of 62 A.1 2005 Department of Ecology Stormwater Management Manual for Western Washington For the purposes of this Ordinance the definitions in the 2005 most current edition of the Department of Ecology Stormwater Management Manual for Western Washington shall apply to areas indicated in Article III of this Ordinance. They are provided for reference and used with the 2005 Manual. They shall be superseded by any other definitions for these terms adopted by ordinance unless they are defined in a Washington State WAC or RCW or are used and defined as part of the Minimum Requirements for all new development and redevelopment. In addition to the definitions in the Department of Ecology 2005 Stormwater Management Manual for Western Washington, the following definitions also apply: 1. "2005 “Approved Manual”," "Stormwater Manual" means the 2005 most current eedition of Washington State Ecology's Stormwater Management Manual for Western Washington. The Manual as prepared by Ecology, contains BMP's to prevent, control or treat pollution in stormwater and reduce other stormwater-related impacts to waters of the State. The Stormwater Manual is intended to provide guidance on measures necessary in western Washington to control the quantity and quality of stormwater runoff from new development and redevelopment. 2. "Approval" means the proposed work or completed work conforms to this Ordinance in the opinion of the Director. 3. "Director" see Chapter 14.46, for Director responsibilities. 4. "Ecology" means the Washington State Department of Ecology. 5. "Grade" means the slope of a road, channel, or natural ground. The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit. A. Existing Grade. The grade prior to grading. B. Rough Grade. The stage at which the grade approximately conforms to the approved plan. C. Finish Grade. The final grade of the site, which conforms to the approved plan. Formatted: Font: 11 pt Created: 2023-04-05 09:20:14 [EST] (Supp. No. 62-2-23) Page 61 of 62 A.2 1992 Department of Ecology Stormwater Management Manual for the Puget Sound Basin For the purposes of this Ordinance the definitions in the Department of Ecology 1992 Stormwater Management Manual for the Puget Sound Basin shall apply to areas indicated in Article VII of this Ordinance. They are provided for reference and use with the 1992 Manual. They shall be superseded by any other definitions for these terms adopted by ordinance unless they are defined in a Washington State WAC or RCW. In addition to the definitions in the Department of Ecology 1992 Stormwater Management Manual for the Puget Sound Basin, the following definitions shall apply: 1. "1992 Manual" means the 1992 edition of Washington State Ecology's Stormwater Management Manual for the Puget Sound Basin. The Manual is adopted by reference with the exception of Vol. 1, Chapter 2, which is addressed in Section 14.48.100 of this chapter. Other terms frequently used to mean "the Manual" include: the PSWQA Manual, and the Technical Manual. 2. "Approval" means the proposed work or completed work conforms to this Ordinance in the opinion of the Director. 3. "Civil Engineer" means a professional engineer licensed in the State of Washington in Civil Engineering. 4. "Director" means the Mason County Public Works Director or a designee who shall administer this Ordinance, which cover the application of the 1992 Manual. The Director of Utilities and Waste Management has the responsibility to administer the Storm and Surface Water Utility. For application of the 2005 Manual, which is covered by Chapter 14.46. 5. "Ecology" means the Washington State Department of Ecology. 6. "Grade" means the slope of a road, channel, or natural ground. The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit. A. Existing Grade. The grade prior to grading. B. Rough Grade. The stage at which the grade approximately conforms to the approved plan. C. Finish Grade. The final grade of the site, which conforms to the approved plan. 7. (To) "Grade" means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation. 8. "Large Parcel Erosion and Sediment Control Plan" or "Large Parcel ESC Plan" means a plan to implement BMPs to control pollution generated during land disturbing activity. Formatted: Font: 11 pt Created: 2023-04-05 09:20:14 [EST] (Supp. No. 62-2-23) Page 62 of 62 9. "Permanent Stormwater Quality Control (PSQC) Plan" means a plan, which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a Small Parcel Erosion and Sediment Control Plan. Guidance on preparing a PSQC Plan is contained in the 1992 Manual. 10. "Project Engineer" means, the proponent's Engineer or Engineer's representative who directly supervises the engineering and administration of a construction project. 11. "Regional retention/detention system" means a stormwater quantity control structure designed to correct existing excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment. 12. "Stormwater Site Plan" means a plan, which includes an Erosion and Sediment Control (ESC) Plan and/or a Permanent Stormwater Quality Control Plan (PSQCP). For small sites (less than two thousand square feet of new imperviousness), this plan requirement is satisfied with a Small Parcel Erosion and Sediment Control Plan. For residential sites creating two thousand square feet or more of new impervious surfaces, a small parcel erosion and sediment (ESC) control plan, and residential site improvement plan (including a written description of the proposed development), will be required to be submitted for county review and approval. Guidance on preparing a Stormwater Site Plan is contained in the 1992 Manual or is available from Public Works. Community Development Dept. Important Notice Regarding the 2021 Construction Codes If you are a Developer, Architect, Engineer, Designer or Contractor that performs wor k within the State of Washington, please be advised that a new series of 2021 Building Codes are scheduled to become effective on July 1, 2023. Most of these codes will look familiar and are very similar to the currently adopted 2018 codes available at this link: https://codes.iccsafe.org/codes/washington The State of Washington also revises these adopted codes via state amendments, these amendments can be viewed at: https://sbcc.wa.gov/state-codes-regulations-guidelines as they become available. All plan review applications submitted & deemed complete before the end of the business day on June 30, 2023, will be reviewed under the current Codes (2018 Codes). However, those plan review applications will expire 180 days after the submittal date if a permit has not been issued or become active at which time a new application will be required, and the project must be in compliance with the new 2021 Codes. Any Stock Plans which are submitted for review and have not been previously approved under the 2018 code/s after June 30, 2023, will require that the approved plans be updated to comply with the Mason County Stock Plan Policy. This means that when you apply for a stock plan permit for a plan review application after June 30, 2023, your project must follow the 2021 codes unless previously approved by the County. In all cases stock plans will be required to be updated no later than one year from the date of June 30, 2023, regardless of submittal status. Developers, Architects, Engineers, Designers, Contractors, and others will need to become familiar with the new codes and are advised to participate in training before the new codes take effect. Information will be available on our county website and training classes are available through the following organizations: Washington Building Officials at: www.WABO.org, Building Industry Association of Washington (WBIA) at: www.biaw.com and the International Code Council at: www.ICCSAFE.org. If you have questions regarding the new codes or require further information please contact the Mason County, Community Development Dept. at: (360) 427-9670 Ext 352 and speak with one of our community development staff members. THE WILDLAND URBAN INTERFACE CODE ESTABLISHES REQUIREMENTS FOR BUILDING CONSTRUCTION AND FIRE PROTECTION OF PROPERTY WITHIN DESIGNATED WILDLAND -URBAN AREAS. THE NEW CODE IS INTENDED TO WORK IN CONCERT WITH THE BUILDING AN D FIRE CODES IN PROVIDING A COMPREHENSIVE APPROACH TO ENHANCING THE PROTECTION OF PROPERTIES AND STRUCTURES FROM EXPOSURES TO WILDLAND FIRES. IF YOU WOULD LIKE TO KNOW MORE, PLEASE VISIT THE STATE BUILDING CODE COUNCIL’S STORY MAP AT THIS LINK: HTTPS://STORYMAPS.ARCGIS.COM/STORIES/7016C437623A445997C072A05E2 6AFBB The Washington State Wildland Urban Interface Code implements many changes to the way buildings are constructed in Mason County. There will be new requirements for vegetation management and setback distances to combustible vegetation as well as specific ignition resistant construction requirements. County staff is currently evaluating the WUI code and preparing for adoption and next steps while developing a WUI Code checklist for use by our staff and customers. Please keep an eye out for updates and next steps as we move toward the adoption date of July 1. 2023. You can also find information at the following links: https://codes.iccsafe.org/content/IWUIC2021P1 (The WUI Code as Published by the International Code Council, noting that this will have many revisions by the State of WA) https://wadnr.maps.arcgis.com/apps/View/index.html?appid=21683af70ece4bd495c319915f7a9232 (Takes you to the DNR map where you can look up your address) https://apps.leg.wa.gov/wac/default.aspx?cite=51-55-0500 (Revisions to the WUI Code as revised by Washington Administrative Code (WAC 51-55-0500) Coming Soon!!! The Washington State, Wildland Urban Interface Code (WUI) WILDLAND URBAN INTERFACE “WUI” CODE CONSTRUCTION CHECKLIST FOR ALL NEW RESIDENTIAL AND COMMERCIAL STRUCTURES ADDRESS_______________________________________ APN____________________________________ N/A OK ROOFING (501.4) 1. Do roof coverings have an assembly that complies with a Class “A” rating? 2. Do assemblies that have a space between the roof covering and roof deck, have the space at the end of the eaves fire stopped to preclude entry of flames and embers or have a layer of 72-pound mineral surfaced cap-sheet complying with ASTM D3909 installed over the combustible roof deck? 3. Do roof valleys (when provided), have valley flashings not less than 0.019-inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36” wide underlayment consisting of one layer of No. 72 lbs. cap sheet running the full length of the valley? EXTERIOR WALLS (501.5) Do the exterior walls (other than decks of buildings/structures or accessory structures attached to buildings/structures with habitable spaces), extending from the top of the foundation to the underside of the roof sheathing meet one of the following methods? 1. Materials approved for not less than 1-hour fire resistive construction on the exterior side 2. Approved non-combustible materials 3. Heavy timber or log construction 4. Fire retardant-treated wood, labeled for exterior use and meets 2303.2 of the Building Code 5. Ignition resistant materials complying with 503.2 of the Building Code DECKS AND APPENDAGES (501.6) Do the materials of decks, porches, balconies, and stairs meet any of the following? 1. Ignition resistant material that complies with the performance requirements of 503.2 of this code. 2. Exterior fire-retardant-treated wood 3. Non-combustible material 4. Materials that comply with the minimum performance requirements of section 503.2 when attached exterior wall covering is also either non-combustible or ignition resistant construction 5. Heavy timber construction consisting of: 5.1. Posts that are a minimum of 6”x 6” nominal dimension 5.2. Beams that are a minimum of 6”x 8” nominal dimension 5.3. Joists that are a minimum of 4”x 8” nominal dimension CLEARANCE (501.6.1) Are decks with less than 48” of vertical clearance from finished grade to deck joists enclosed with screen material with openings no greater than ¼” maximum to prevent the accumulation of embers and combustible materials? WAL KING SURFACE (501.6.2) Are the walking surfaces of decks, porches, balconies and stairs constructed with one of the following? 1. Ignition resistant material that comply with the performance requirements of 503.2 of this code. 2. Exterior fire-retardant-treated wood. 3. Non-combustible material. 4. If heavy-timber is used, are decking products: 4.1. 2” nominal dimension lumber 4.2. 5/4” nominal hardwood (teak, mahogany, or other approved materials) 5. Material that complies with the performance requirements of section 501.6.2.1 when tested in accordance with ASTM E2632 and when attached exterior wall covering is noncombustible or ignition resistant materials EXTERIOR GLAZING (501.7) Are exterior windows, window walls, glazed doors, windows in exterior doors and skylights either tempered glass, multilayered glazed panels or have a 20-minute rating? VENTS (501.8) Are attic ventilation openings less than 144 square inches each and made of noncombustible screening material with 1/4” openings or designed and approved to prevent flame and ember penetration? Are attic vents not located in soffits, eave overhands, between rafters or in other overhang areas? Are gable and dormer vents not closer than 10 feet from property lines? If using alternate materials, include them in the appropriate section below and attach product information and certification for the items. Be sure they comply with the appropriate ASTM standard or other approved listing (if used). Exterior Surfaces_______________________________________________________________ ______________________________________________________________________________ Windows/Doors_________________________________________________________________ ______________________________________________________________________________ Roof Vents/Eaves_______________________________________________________________ ______________________________________________________________________________ Decking_______________________________________________________________________ ______________________________________________________________________________ I certify that the construction will comply with all of the Wildland Urban Interface Code. Date_______________ Owner / Authorized Agent_____________________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kell Rowen Ext. 286 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): May 22, 2023 Agenda Date: May 23, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Public Works Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request for Proposals (RFP) for consultant services: 2025-2045 Periodic Comprehensive Plan Update and Environmental Impact Statement (EIS). Background/Executive Summary: Mason County Department of Community Development requests consultant services to assist in the preparation of the 2025-2045 Periodic Comprehensive Plan Update (Comp Plan) and EIS. Start date is no sooner than July 1, 2023. Comp Plan is required to be completed and adopted by June 30, 2025. Budget Impact (amount, funding source, budget amendment): The Washington State Department of Commerce is awarding a non-competitive grant to Mason County in the amount of $350,000 (based on population). Mason County will apply for this award as soon as July 1, 2023. The subsequent consultant contract will not exceed $350,000. Public Outreach (news release, community meeting, etc.): The RFP will go out to the MRSC roster. Once a consultant team is selected, a Public Participation Plan will be drafted to include actions for community and stakeholder outreach and participation throughout the planning process. The County’s Planning Advisory Commission will act as the main platform for meetings, workshops, and hearings. By invitation, staff has already met with the Salish Rotary Club, League of Women Voters, and the County’s TIP-CAP. Requested Action: Place on the Action Agenda to approve the RFP for distribution to qualified consultants using the MRSC Roster. Attachments: Draft RFP Mason County Request for Proposals 2025 Periodic Comprehensive Plan Update and EIS Mason County Department of Community Development 615 W. Alder Street Shelton, WA 98584 Issue Date: May 26, 2023 Due Date: June 16, 2023 REQUEST FOR PROPOSALS 2025 Comprehensive Plan Update and EIS Solicitation Date: May 26, 2023 Last Day for Questions: June 9, 2023, 4:00 PM Proposals Due: June 16, 2023, 4:00 PM PURPOSE The purpose of this Request for Proposals (“RFP”) is to solicit responses from qualified multidisciplinary consultants (“Proposer”) to assist Mason County (“County”) in updating its Comprehensive Plan for the 2025-2045 Periodic Update cycle, as required under the Washington State Growth Management Act (“GMA”). In addition, the County seeks consultant support in updating the Comprehensive Plan Environmental Impact Statement (“EIS”), which was last updated in 1996. The County is seeking consultant support from teams experienced in land use planning and zoning, housing policy, visioning, demographic analysis, environmental analysis/SEPA, community engagement, and other aspects of comprehensive planning. The expected timeline for the Comprehensive Plan Update is to begin in July 2023, with a completion timeline of June 30, 2025. BACKGROUND Mason County encompasses an area of approximately 1,051 square miles, is predominantly rural and is known for its natural beauty, including its rugged coastlines, dense fores ts, and scenic rivers. The County is home to several state parks including Twanoh, Potlatch, and Lake Cushman, which offer a variety of recreational opportunities such as hiking, boating, fishing and camping. The County’s only city is the City of Shelton with a population of just over 10,000 residents. The towns of Allyn and Belfair are the County’s two other non-incorporated Urban Growth Areas (UGAs). Total population is approximately 69,000 people with a median household income of around $58,000 per year. SCOPE OF WORK The County has prepared a Scope of Work, which will be refined by the selected Proposer, in collaboration with the County. The scope of the Proposer’s work includes, but is not limited to the following items: • Project Management Plan: detailed overview of how the Proposer will manage all aspects of the project, and coordination with the County on other related tasks and deliverables. • Public Participation Plan (“PPP”): detailed breakdown of community and stakeholder engagement strategies to implement throughout the duration of the project, to include engagement on the Comprehensive Plan update (Visioning, Elements, etc.), EIS, and updates to development regulations. The PPP should also include an overview of potential outreach materials, communications, and costing assumptions. o In tandem with the PPP, the County will utilize its established Planning Advisory Commission (“PAC”) as the platform for most, but not all, workshops, meetings and public hearings and should be referenced in the PPP. The PAC is a seven member commission served by volunteers appointed by the Board of County Commissioners. • Visioning and Community Engagement: A key first step in community engagement is the Visioning process. The selected Proposer should plan for engagement with community in developing a “Community Vision.” The Proposer is expected to engage community throughout the duration of the project, and at each phase. This should be incorporated in the above referenced PPP. • Public Meetings: Prepare presentations, supporting materials, and present alongside County staff at public hearings, meetings, and workshops, as necessary. These include presentations before the Planning Commission, County Commission, and/or at community workshops/Open Houses. These should be incorporated in the above referenced PPP. • Review and Update Existing Comprehensive Plan: Review and update existing goals and policies for each Comprehensive Plan Element (Land Use; Housing; Utilities; Rural; Transportation; Economic Development) to ensure consistency with the Growth Management Act, and Mason County Countywide Planning Policies. The Countywide Planning Policies and Housing Element will be developed in coordination with the City of Shelton. Mason County desires a new format to its existing 2036 Comprehensive Plan. The Proposer will be expected to identify any updates needed to the County’s land use and zoning maps and shall work collaboratively with the County’s GIS Specialist. Other items include: o Ensure consistency with the adopted 2021 Shoreline Master Plan; o Ensure consistency with the Planned Action Ordinance for the Belfair UGA; o Ensure consistency with the 2022-2027 Parks and Rec Comprehensive Plan; o Ensure consistency with the 2018 Comprehensive Solid Waste Management Plan which will also be updated during the same timeframe; and o Ensure consistency with the adopted 2021 Resource (Critical Areas) Ordinance. • Review and Update Existing Development Regulations, Policies, and Codes: Review existing development regulations to determine necessary updates to ensure consistency with the Comprehensive Plan and requirements under GMA (actual amendments may be processed by County staff depending on scoping, budget, and timing of the adoption of the comprehensive plan update). • SEPA Scoping and Environmental Impact Statement (EIS): An important component of the Comprehensive Plan Update is to prepare an updated EIS. The c urrent EIS was last updated in 1996. • Sub-Area Planning: The County has identified areas that will be critical for determining opportunities for growth, increased residential, commercial, and/or industrial uses, and potential transportation improvements. o UGAs: Allyn; Belfair; and Shelton o Rural Activity Centers (RACs): Hoodsport; Taylor Towne; and Union o Hamlets: Bayshore; Dayton; Deer Creek; Grapeview; Lilliwaup; Matlock; Potlatch; Spencer Lake; and Tahuya Estimated Budget The allocated budget for the project is up to $350,000 for consulting services, expenses related to community engagement, and goods/materials costs. The budget for consulting services includes all tasks for the Comprehensive Plan Update, EIS, and other related items. The final budget, scope of work, and methodology for the overall project will be negotiated with the selected Proposer. The County shall not be responsible for any costs incurred during the preparation of materials and submittal of the Request for Proposal. Required Qualifications • Demonstrated experience and expertise in preparation of Comprehensive Plans and associated EISs including environmental documents. • Experience and expertise in preparation of GMA compliant Comprehensive Plans and/or Sub Area Plans. • Experience working in rural and small urban (growth) areas relating to long-range planning and zoning. • Experience in community outreach and facilitation. Project Timeline The Proposal shall provide a timeline for the project including the anticipated start date, milestone dates and project completion date. Costs/Budget The Proposal shall explain what is included for each budget item. Describe exactly what is included in the pricing for the proposal broken down by Phase and Tasks. The County is interested in considering a range of Tasks within each Phase that can be included or excluded depending on budget constraints and/or timing. Proposal Requirements The Proposal must be submitted by email, not to exceed 20 pages in length and contain the following components: 1. Contact name, address, telephone number and e-mail address. 2. Detailed description of skills, experience, and ability to prepare a Comprehensive Plan Update and EIS with all necessary supporting documents and required public outreach. 3. Identification and designation of roles/responsibilities of key project staff. 4. Minimum of three, maximum of five client references including project type, dates, contact information and description. 5. Proposed Scope of Work in Phases. 6. Proposed budget per Phase and Tasks including time (salary and benefit costs or hourly fee), travel, supplies and other expenses as allowed. 7. Anticipated timeline of proposed activities based on the stated performance start and end date. 8. Statement of acceptance, ability, and willingness to enter into a Professional Services Contract. 9. Statement as to whether the Proposer is a minority- and/or women-owned firm. Note: Proposers are to refrain from submitting proposals that will not be easily printed and duplicated such as those with over-sized paper. Proposal Submission Interested firms should email their proposal pursuant to this RFP. The proposal coversheet should include the following information: firm name, address, phone numbers; and name of Principal-in-Charge and Project Manager. The submittal shall also include resumes of key personnel who will perform the work, including descriptions of similar projects they have been involved with, their role in each project, and professional certifications. Resumes are in addition to the 20-page maximum. Mason County will review all proposals and may request interviews. The County will select the qualified applicant in a priority ranking and will negotiate the estimated professional services based on the general scope of work outlined in the proposal. If agreement with the top-ranking applicant is not reached, the County may negotiate with the next ranked applicant, or reopen the RFP process. Mason County encourages disadvantaged, minority, and women-owned consulting firms to respond. “Mason County, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” Please note that information obtained from sources other than the Project Manager or with respect to this project may not be accurate. Notices related to revisions or updates to the RFP will be provided via e-mail, unless the Proposer requests to receive it by regular mail. Regular mail will be post marked the same date any e-mails are sent. All costs for proposal preparation and negotiation incurred by the Proposer, whether they lead to execution of a contract and agreement with Mason County or not must be borne entirely and exclusively by the Proposer. Mason County reserves the following rights for acceptance, modification, and/or rejection of submitted proposals such as: • Rejection of any or all proposals. • Rejection of any proposal not in compliance with proposal requirements. • Providing addenda, amendments, supplementary material or other modifications to the proposal specifications. • Cancellation of this Request for Proposals without issuance of another Request for Proposals. • Issuance of subsequent requests for new proposals. • Request for submission of further information by the proposer to complete evaluation by Mason County. • Determination to select one or more Proposers for attempted negotiation of a final contract(s). • Decisions made by Mason County will be final. Mason County further reserves the sole right to determine which proposal best serves the County's interest or to reject any or all proposals. 9. Request for Proposal Process and Timeline Issuance of RFP Friday, May 26, 2023 Last Day to Submit Questions Friday, June 9, 2023 Proposals Due Friday, June 16, 2023 Short List of Consultants* Friday, June 23, 2023 Interviews (if required) * June 26 – 30, 2023 Final Selection* Friday, July 7, 2023 Execute Contract* Tuesday, July 18, 2023 *Dates with an asterisk are estimated dates and are for informational purposes only. Proposal Evaluation Criteria Proposals will be reviewed to ensure that they meet the specifications as detailed in this RFP. Proposals that do not meet the requirements will not be scored and will be removed from further consideration. Proposals that pass the technical review will be scored by a Review Committee based on the following criteria: The scoring criteria are subject to change without notice. Proposal Component Rated from 1-10 with 1 being the lowest Demonstrated project experience and skills 1 2 3 4 5 6 7 8 9 10 Capabilities of key project staff 1 2 3 4 5 6 7 8 9 10 Creative Public Outreach practices 1 2 3 4 5 6 7 8 9 10 Experience working in project area 1 2 3 4 5 6 7 8 9 10 Proposed approach (the narrative) 1 2 3 4 5 6 7 8 9 10 Proposed scope-of-work 1 2 3 4 5 6 7 8 9 10 Proposed timelines 1 2 3 4 5 6 7 8 9 10 Proposed deliverables 1 2 3 4 5 6 7 8 9 10 Project budget 1 2 3 4 5 6 7 8 9 10 Inclusion of required Statements 1 2 3 4 5 6 7 8 9 10 Client references 1 2 3 4 5 6 7 8 9 10 Minority and Women’s Business Enterprises 1 2 3 4 5 6 7 8 9 10 After selection, the successful Proposer and the County will enter into a professional services agreement, subject to approval by the Board of County Commissioners. The County shall not be bound or in any way obligated until both parties have executed the agreement. The County reserves the right to award the agreement to the next most qualified Proposer if the successful Proposer does not execute an agreement within thirty (30) days after notification of the award of the bid. Contract Term The County anticipates an initial two (2) year contract (July 2023 – June 2025), with no automatic renewal, however, options for extensions may be negotiated. The County reserves the right to negotiate all elements which comprise the apparent successful Proposer to ensure that the best possible consideration is afforded to all concerned. County representatives and the selected finalist will review in detail all aspects of the requirements and the proposal. During the review of the most favorable, apparent successful proposal, the Proposer may offer, and the County may accept revisions to the proposal. Contact Information Questions should be directed to Marissa Watson, Senior Planner, Mason County Department of Community Development. Marissa can be reached by phone at (360) 427-9670 ext. 367, or by email at mwatson@masoncountywa.gov. All e-mail messages related to this RFP must use the subject line: RFP: Mason County 2025 Periodic Comprehensive Plan Update. Relevant Plans and Information (not exhaustive): • Belfair Planned Action EIS & Subarea Plan • Mason County GIS with Current Zoning • Mason County Housing Needs Assessment (12/28/2022) • Mason County 2036 Comprehensive Plan 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): May 22, 2023 Agenda Date: 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Letter of Support for PUD 1 and PUD 3 Electronic Vehicle Charging Stations Background/Executive Summary: Mason County PUD 1 and 3 are members of Energy Northwest. Energy Northwest is submitting a grant application to install electric vehicle (EV) charging stations along US-101 in Washington state. There is a gap in the availability of charging stations within the City of Shelton, along US 1-1, and in the Olympic Peninsula. As the number of electronic vehicles continues to increase these charging stations will be necessary for our residents as well as the individuals visiting our county. PUD 3 is requesting the Commissioners write a letter of support to the Department of Transportation Federal Highway Administration for Energy Northwests grant application to electrify US-101. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the letter of support for Energy Northwest’s Electronic Vehicle (EV) grant application. Attachments: Energy Northwest Letter of Support MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District KEVIN SHUTTY 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 May 23, 2023 Department of Transportation Washington Division Federal Highway Administration 711 Capitol Way Ste # 501 Olympia, WA 98501 Re: Energy Northwest’s Grant Application for EV Charging Stations To whom it may concern, We are writing to you today on behalf of Mason County, Washington to support Energy Northwest’s grant application to electrify US Highway 101 in Washington state. A significant gap in charging locations exists in the City of Shelton, along US-101, and the Olympic Peninsula, and this area has been designated as a high priority for installation. As the Electronic Vehicle market continues to grow, the lack of charging infrastructure in our area is a significant barrier to our residents wanting to purchase an EV, as well as for tourists traveling through our County. By investing in charging stations, we can encourage people to switch to electric vehicles, which will have a positive impact on the environment and our economy. The installation of charging stations in this area will also provide economic benefits. EV drivers will need to charge their vehicles and will likely spend time and money in our local businesses while they wait. This will help to support our local economy and create new jobs in the clean energy sector. Installing EV charging stations will also improve the County’s overall transportation system. By making it easier and more convenient for people to charge their electric vehicles, we can reduce congestion, encourage people to use public transportation, and alleviate range anxiety for EV travelers. We believe investing in EV charging stations is a smart and necessary step towards a more sustainable and prosperous future for our County. We strongly support this grant application and urge you to consider Energy Northwest’s grant application favorably. Sincerely, Mason County Commissioners Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner