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HomeMy WebLinkAbout2023/07/18 - Regular Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5" St, Shelton, WA 98584 July 18, 2023 1. Call to Order—The Chairperson called the regular meeting to order at 9:04 a.m. 2. Pledge of Allegiance—Cmmr. Shutty led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—Kevin Shutty; Commissioner District 3 —Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following:notice of cannabis license application for Deep Well Farms and license renewal information for both liquor and cannabis license holders. 4.1.2 Economic Development Council sent in the 2023 Quarter 2 Report. 4.2 Loretta Swanson read the 2023 County Road Chip Seal and Restriping Projects news release. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr.Neatherlin/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes 8. Approval of Action Agenda 8.1 Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant#8097307-8097847 $1,615,100.44 Direct Deposit Fund Warrant#98012-98420 $ 845,658.66 Salary Clearing Fund Warrant#7007471-7007507 $1,127,515.79 Treasurer Electronic Remittance $ 737,063.54 8.2 Approval for the County Administrator to sign the agreement with Corrections Technology Group(CTG)to replace and expand the Jail camera and video system for the net price of $286,427. 8.3 Approval of the revised 2024 Budget Rates for Information Technology(IT)from$1,230,000 to$1,300,000 for Munis Cloud storage and network switches. 8.4 Approval for the Chair to sign the 10-year lease agreement with North Mason Fire Authority for the building located at 490 NE Old Belfair Highway to relocate certain County services for $2,000 a month. 8.5 Approval to set a Public Hearing for Tuesday,August 15,2023 at 9:15 a.m.to consider amendments to Title 16—Plats and Subdivisions and Title 17—Zoning relating to Road Standards and overall language cleanup. 8.6 8.7 Approval of the letter of support for the Mason County 2025-2045 Comprehensive Plan Periodic Update to the Washington State Department of Commerce. 8.8 Approval for the Public Works Director to sign the Latecomer Agreement between Harbor Custom and Mason County. 8.9 Approval to sign the letter of concurrence with Lewis County's appointment of Brian Mittge to the Timberland Regional Library Board of Trustees to fill an unexpired seven-year term which will expire December 31,2029. 8.10 Approval of the Resolution adopting the Mason County Imaging and Destruction of Paper Records(Scan and Toss)Policy. (Exhibit A,Resolution No.2023-039) 8.11 Approval for the Parks and Trails Director to apply for the Recreation and Conservation Office (RCO)2023 Local Parks Maintenance Grant to resurface the Latimer's Landing parking lot and boat launch for the estimated cost of$26,476. 8.12 Approval for the Chair to sign the Blake Reimbursement Agreement with the Washington State Administrative Office of the Courts(AOC). 8.13 Approval of the revised Department of Social and Health Services(DSHS)General Terms and Conditions(GTCs)removing certain COVID-19 obligations and will expire June 30,2029. 8.14 Approval of the letter of support for Public Utility District No. 1's Community Wildfire Defense Grant Program Application to do a comprehensive vegetation management(VM) project to clear vegetation fuels within their easement land and to procure the highline truck and equipment needed to maintain cleared easements moving forward. 8.15 Approval of the letter of support for Public Utility District No. 1's Office of Clean Energy Demonstrations(OCED)funding request for the Highway 106 Distribution Line Rebuild and Intertie Project. 8.16 Approval of the Public Health Consolidated Contract(CONCON)amendment no. 13 to add and amend certain statements of work and to increase the allocation by$1,378,486 for a revised maximum consideration of$5,341,192. 8.17 Approval of the Resolution replacing Resolution no.2020-40 adopting the updated Real Property and Right of Way Acquisition Procedures for Public Works Projects. (Exhibit B, Resolution No.2023-040) 8.18 Approval to appoint Susan"Rachel"Hansen as a"Spender"to the Mason County Lodging Tax Advisory Committee(LTAC)for a two-year term expiring July 18,2025. 8.19 Approval of the Memorandum of Understanding(MOU)with Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff to update the 2022-2024 Collective Bargaining Unit language in Article 11 Hours of Labor. 8.20 Approval of the FY24-25 Consolidated Homeless Grant(CHG)and subcontracts with Crossroads Housing, Turning Pointe Survivor Advocacy, Youth Connection, Community Lifeline, and Quixote Communities. 8.21 Approval of the FY24 Emergency Housing Fund(EHF) contract in the amount of$884,950. 8.22 Approval to reschedule the Public Hearing from Tuesday,August 1, 2023 at 9:15 a.m. to July 31, 2023 at 9:00 a.m.for review and consideration of the submitted responses to the Request for Proposals (RFP)for the Solid Waste long haul transport and disposal and approval to potentially take action to award the contract. Cmmr.Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.22. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business(Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 21July 18 , 2023 Commission Minutes 10.1 Public Hearing to approve the twenty-four Open Space applications to the recommendations of the County Assessor. Staff:Diane Zoren Diane Zoren shared this Public Hearing is to consider the 24 Open Space applications for 2022. The applications have been reviewed by the County Assessor who is recommending approval for all 24. Some applications have conditions. Cmmr.Neatherlin/Shutty moved and seconded to approval of the twenty-four Open Space applications as recommended by the County Assessor. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:26 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smit ,CIA of the Board Sharon Trask,Chair x XTI-)- a dy Neather m,Vice-Chair &4W Kevin S tty, ommissioner 31July 18 , 2023 Commission Minutes eh�o\� A RESOLUTION NO. 1023-03°I A RESOLUTION ADOPTING A SCAN AND TOSS POLICY WHEREAS, RCW 40.14, Preservation and Destruction of Public Records defines and classifies public records and sets out the requirements for maintaining,preserving and destroying of public records in accordance with State Records Retention Schedules,and defines the functions, duties and responsibilities of the State Archivist; and WHEREAS, WAC 434-662, Preservation of Electronic Public Records, provides for the secure preservation of electronic records for their minimum retention period for present and future access and/or transfer to the Washington state digital archives for retention so that valuable legal and historical records of the state may be centralized, made more widely available, and permanently preserved; and WHEREAS, WAC 434-663, Imaging Systems, Standards for Accuracy and Durability, sets out the requirements for imaging source documents and the requirements for maintaining imaged documents in accordance with the Washington State Archivist Retention schedules; and WHEREAS, the State Archivist on May 15, 2012, published the Requirements for Destruction of Non-Archival Paper Records After Imaging (Version 1.1); and WHEREAS,in the interest of creating efficiencies in the management of its public records, Mason County wishes to adopt a Scan and Toss Policy in compliance with and meeting the requirements of RCW 40.14, WAC 434-662, WAC 434-663 and the State Archivist requirements for imaging and destruction of non-archival records, NOW,THEREFORE,BE IT RESOLVED,that the Board of County Commissioners of Mason County hereby adopts the Scan and Toss Policy as shown as "Attachment A". DATED this of , 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie SmiQ CIA of the Board Sharon Trask, Chair APPROVED AS TO FORM: A "/ Rand eatherlin, Vice-Chair Tim Whitehead, Chief Deputy 02 Prosecuting Attorney Kevin Shutty, ommissioner Page 1 of 8 Attachment A MASON COUNTY IMAGING AND DESTRUCTION OF PAPER RECORDS (SCAN AND TOSS)POLICY A. PURPOSE The purpose of this policy is to outline the requirements Mason County shall meet to lawfully destroy paper-based source records after they have been converted to a digital format by imaging (scanning). & REFERENCES • Washington State Records Retention Schedules • RCW 40.14 Preservation and Destruction of Public Records • WAC Chapter 434-662 Preservation of Electronic Records • WAC Chapter 434-663 Imaging Systems, Standards for Accuracy and Durability. C. DEFINITIONS 1. "Archival records"are those public records of state and local government agencies which are determined by the state archivist as having continuous historical value and must be permanently preserved and have been or may be transferred to the custody of the State division of archives after their approved retention has been met. 2. "Lossless compression"recreates a compressed file as an identical match to its original form. All lossless compression uses techniques to break up a file into smaller segments, for storage or transmission,that get reassembled later. 3. "Lossy compression"is a technique that does not decompress data back to one hundred percent(100%) of the original. Lossy methods provide high degrees of compression and result in smaller compressed files,but there is a certain amount of visual loss when restored. D. POLICY It is the policy of Mason County to comply with state requirements when destroying paper- based source records after they have been converted to a digital format by imaging (scanning). E. PROCEDURE 1. "Scan and Toss" Checklist a. Departments shall complete the"Scan and Toss" Checklist and retain a digital copy in their records. The checklist shall be signed by the department head or designee. Page 2 of 8 b. If there are questions,please contact the Public Records Coordinator or designee prior to the destruction of paper records. 2. The disposition authority number(DAN) for NON-ARCHIVAL paper records that have been scanned and then are to be destroyed is GS50-09-14. 3. Records Eligible for"Scanning and Tossing" a. Only"NON-ARCHIVAL"records are eligible for early destruction after scanning. The County shall use only records retention schedules approved for its use by the Local Records Committee in accordance with RCW 40.14.070. Current approved records retention schedules for local government agencies are available on Washington State Archives' website at www.sos.wa.gov/archives. 4. Scanning Requirements a. Records SHALL be scanned and verified in a systematic and consistent fashion that ensures a complete and accurate copy of the source record. Records that are not completely and accurately captured must not be destroyed. b. Scanning/Imaging Requirements The County adopts the following quality control procedures and work instructions to ensure a consistent capture of complete and accurate copies of original records. All staff with scanning responsibilities shall be trained to ensure that they are familiar with these requirements and procedures. (Per Washington State archives —Agencies are not required to use any specific systems, applications, or scanners) Specific quality control procedures include: • Enhancements or other manipulations of the scanned images (such as de- skew, de-speckle, etc.)to improve the quality of the resulting image. • Routine use of scanning targets to verify configuration settings. • Visual comparisons and inspections of each imaged record and source document, or of selected images and source documents. • Regular calibration and testing of systems and scanners. • Periodic checks that the indexing/metadata is accurate and appropriate. • In instances where a complete and accurate image cannot be obtained and verified,the source document shall be retained for the entire minimum retention period(and the image should be labeled or tagged as "best scan possible"). • In instances where the content of the source document is not completely legible (faded receipt, coffee stain covering information, etc.),the source document shall be retained for the entire minimum retention period. If the image is more legible than the source documents,retention of the source Page 3 of 8 document is not necessary. If vendors are doing the imaging,they shall comply with the requirements as specified in this policy. 5. Formatting Requirements a. There are some differences between the most commonly used formats. Formats are subject to changes and updates, and newer versions may not always be backwards compatible or be suitable for long-term preservations. b. Short-term records (6 years or fewer)either a lossless or lossy image format may be used. Acceptable file formats are: • TIFF,PNG • PDF, PDF/A • JPEG, JPEG 2000 c. Long-term records (more than 6 years)require lossless image formats to ensure preservation. The current recommended formats are: • TIFF [Group 4 for Black&White (bitonal) images; Group 5 for grayscale and color images] • PNG • For"ARCHIVAL"images that are to be transferred to Washington State Digital Archives,the recommended format is TIFF (Group 4 or Group 5 for scanned images) • If a department chooses to use data compression to save space, a lossless compression method must be used for long-term records OUTPUT - _. .DENSITY Black&White (Bitonal) Minimum of 200 DPI fonts no smaller than 6-point) Recommended 300 DPI Black&White (Bitonal) (maps, engineering drawings, and other Minimum of 300 DPI documents containing fonts smaller than 6- Recommended 300 DPI point, fine detail, or poor contrast Grayscale 8-bit Minimum of 200 DPI Recommended 300 DPI Color 24-bit RGB Minimum of 150 DPI Recommended 300 DPI 6. Requirements for Organizing,Indexing, and Metadata a. Indexing is a way to attach metadata that facilitates access,retrieval, and management of information. Developing a consistent structure is key to managing and maintaining images. Page 4 of 8 b. Departments should develop consistent naming conventions and file/directory structures to facilitate organization,identification, access and retrieval for users. c. Departments should capture appropriate business and recordkeeping metadata [such as type of record, Disposition Authority Number(DAN), destruction date, etc.] 7. Requirements for Managing, Storing, and Retaining Images a. Images SHALL be stored,maintained and accessible for the entire length of the required retention period. Departments should factor in not only the retention period(e.g., six years),but also the trigger or the cut-off that starts the retention clock. For example, a record with a minimum retention of"six years after life of building"would likely be retained for much longer than just six years. b. Departments SHALL retain legal custody of the imaged records. If Departments choose to use outside (including other government agencies and"cloud" storage, but excluding Washington State Archives)to store/host the imaged records: • Contracts/agreements shall require that legal custody of the records remains with the originating agency and that all imaged records (including associated metadata)be returned to the agency, in a format accessibly by the agency, at the end of the contract/agreement. • Departments should undertake appropriate mitigation strategies to ensure that they can fully recover records (including associated metadata)which have not met their minimum retention period in the event of a vendor failure. c. Imaged records SHALL be protected against alteration and/or deletion, damage, or loss throughout the entire retention period. Specific protective measures may include, but are not limited to: • Establishment of security protocols, and approved administrators and users • Employment of system check and error-checking utilities • Implementation of back-ups and disaster preparedness measures • Storage of a regular backup at least 50 miles off-site to enable recovery and access to the imaged records in the event of a wide-spread disaster or emergency d. Imaged records SHALL remain accessible for the minimum retention period. To address technology changes, agencies are to either: • Maintain the ability to retrieve and view imaged records in systems and file formats that the agency is currently using; or, • Migrate or export the record images (including associated metadata)to succeeding systems and file formats throughout their required retention periods Page 5 of 8 8. Destruction Requirements a. Imaged records are to be destroyed only after the minimum required retention period as specified by the approved records retention schedule currently in effect. b. Records SHALL NOT be destroyed when required for: • Existing public records request in accordance with chapter 442.56 RCW; or, • Ongoing or reasonably anticipated litigation; or, • Other legal requirements, federal statues, grant agreements, etc.; or, • Archival transfer c. If changes to the records retention schedules have occurred between the digitizing of the record and their planned destruction, and those changes have altered the minimum retention period(or the ARCHIVAL designation) of the imaged records, departments shall follow the current approved retention schedule. d. Departments should follow defensible disposition practices for the destruction of imaged records. This includes following a regular and systematic schedule for destruction processes. These practices should be consistent with the Washington Secretary of State Archives and Records Management procedures for the lawful destruction of public records in other formats. e. Departments shall document the destruction of both paper and scanned records. • Documenting the destruction of public records, including scanned images, provides departments with evidence to prove that the records were retained for at least the minimum retention periods. • Departments shall document that the paper was converted and destroyed lawfully under the appropriate disposition authority, and that the images are also destroyed lawfully once the retention requirements have been met. 9. Archival Paper Records Disposition after Imaging a. "ARCHIVAL"records SHALL NOT be destroyed. The County may scan"ARCHIVAL"records in accordance with state requirements and this policy. However, after imaging is completed and verified, the department shall arrange for appraisal and/or transfer of both the paper and the images to Washington State Archives for preservation. Copies of the current approved records retention schedules are found on the Washington State Archives website: www.sos.wa.gov/archives. If there are questions,please contact the Public Records Coordinator or designee for assistance. b. Do NOT destroy ARCHIVAL paper records after scanning. Page 6 of 8 • Departments can image paper records which have been designated as Archival (including Potentially Archival). • However, departments SHALL NOT destroy these paper records after scanning, even if the department is following the state law"scanning" requirements and this policy. 10. Additional advice regarding the management of public records is available from Washington State Archives: www.sos.wa.gov/archives or recordsmana ement:sos.wa.gov. F. RESPONSIBILITIES The Public Records Coordinator shall administer this policy. JAPolicies\Scanning Policy\Scan.Toss.policy-and-procedure.Final.docx Page 7 of 8 MASON COUNTY SCAN&TOSS CHECKLIST/APPROVAL FORM Department: Date: Contact Name: Phone: Disposition Date Range of Records Authority No. Records Series Title Requested for D Destruction 1. ARE THE RECORDS ELIGIBLE? ❑ Only"NON-ARCHIVAL"records are eligible for early destruction after scanning. 2. ARE TBE RECORDS BEING SCANNED TO ENSURE A COMPLETE AND ACCURATE COPY? ❑ Quality control procedures implemented to ensure capture of complete and accurate copies. ❑ Short-term records(6 years or fewer)imaged with an acceptable file format such as PDF,PDF/A, JPEG or TIFF. ❑ Long-term records(longer than 6 years)imaged with an acceptable lossless file format such as TIFF or PNG. ❑ Black&White(bitonal)documents containing fonts no smaller than 6-point and grayscale records scanned with a resolution of at least 200 dpi. ❑ Black&White(bitonal)maps,engineering drawings,and other bitonal documents containing fonts smaller than 6-point, fine detail, or poor contrast, scanned with a resolution of at least 300 dpi. ❑ Color records scanned with a resolution of at least 150 dpi. (300 dpi recommended) 3. ARE IMAGES ACCESSIBLE AND PROTECTED FOR THE ENTIRE REQUIRED RETENTION PERIOD? ❑ Appropriate steps taken to protect images from deletion, alteration,or other damage/loss. ❑ Appropriate planning and strategies implemented for migration and technology changes. ❑ Appropriate index methodology to search documents. APPROVALS: Department Records Management Coordinator Date Supervisor/Director/Records Officer Date exh0A g RESOLUTION NO. 2D23-D4O REPLACING RESOLUTION 202040 UPDATING THE REAL PROPERTY ACQUISITION PROCEDURES FOR PUBLIC WORKS PROJECTS WHEREAS, The Mason County Department of Public Works engages in projects designed to improve the County's transportation infrastructure; and WHEREAS, said projects frequently require the acquisition of additional right of way from abutting property owners; and WHEREAS, certain federal and state laws and regulations set forth procedures for the acquisition of real property, including rights of way; and WHEREAS, the Board of County Commissioners finds that adherence to said laws and regulations in all real property and right of way acquisition activities of County staff is appropriate and required; and WHEREAS, Resolution 2020-40 approved May 19, 2020 adopted the County Real Property and Right of Way Acquisition Procedures; and WHEREAS, Public Works is prompting the Board of Commissioners to update these procedures to reflect changes to personnel. NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached hereto, are hereby adopted and mandated for use by Public Works staff in connection with all transportation improvement projects and other activities in pursuit of the Public Works mission; and NOW THEREFORE, BE IT FURTHER RESOLVED that the Real Property and Right of Way Acquisition procedures found in Mason County Resolution 2020-40 are hereby replaced. DATED this J&day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Y A2VQ a `?tom McKenzie Smi , Clerk of the Board - - �Sharon Tras<, Chair APPROVED AS TO FORM: Ran y Neathe n, Vice Chair Tim Whit ad Chief I Kevin Shutty, C mmissioner MASON COUNTY DEPARTMENT OF PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 Phone(360)427-9670 x450 Fax(360)427-7783 MASON COUNTY Exhibit A — MISSION The mission of Mason Right of Way Procedures for Public Works Projects County Government is to provide essential& mandated services which The County of Mason (Agency), needing to acquire real property (obtain an interest in will preserve & benefit the and/or possession of) in accordance with the Uniform Relocation Assistance and Real health,safety,&welfare of the general public in a Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) professional and courteous and state law(Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC)hereby adopts manner through the effective and equitable management the following procedures to adhere to all applicable laws, statutes, and regulations. The of available public Agency is responsible for the real property acquisition and relocation activities on resources. administered b the Agency and must acquire right of way ROW m projects Y g Y q g Y ( ) Mason County recognizes accordance with the policies set forth in the Washington State Department of that its employees& Transportation Right of Way Manual M 26-01 and Local Agency Guidelines(LAG). volunteers are the foundation upon which these services are provided. Below is a list of Agency staff, by names and position titles, that are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provides a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. 1. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: i. PROGRAM ADMINISTRATION: Oversee delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are carried out in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Ensures Agency's approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff, • Oversight of ROW consultants; o use of consultant contract approved by WSDOT o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by staff& consultants o Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation prior to offers being made; • Oversight and approval of Administrative Offer Summaries (AOS)per policy; ROW Procedure for Public Works Page 1 of 7 • Oversight and approval of Administrative Settlements per policy; • Ensure Agency has a relocation appeal process in place prior to starting relocation activities; • Obligation authority for their Agency; • Obtain permits (Non-Unifonn Relocation Act(URA)); • Ensures there is a separation of functions to avoid conflicts of interest. • Verifies whether ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate and maintain the proposed projects (see LAG Appendix 25.174, 25.175, & 25.176). Mike Collins, P.E, P.L.S, County Engineer, Dave Smith, Engineering& Construction Manager, Kobree Glaser, Assistant Engineering& Construction Manager and Loretta Swanson, Director Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at http•//www wsdot wa Qov/LocalProgramsiROWServices/Training.htm ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal work; • Use Appraiser from WSDOT's Approved Consultant List if Agency does not have qualified staff, • Prepare ROW Funding Estimate (not required to be completed by an appraiser&only when there are federal funds in the ROW Phase); • Prepare AOS; • Obtain specialist reports; • Coordinate with engineering, program administration, acquisition,relocation,and/or property management as necessary. Contract with a qualified Consultant iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to make sure they are adequate, reliable,have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal review work; • Use review appraiser from WSDOT's Approved Consultant List if agency does not have qualified staff, • Ensures project wide consistency in approaches to value, use of market data, and costs to cure; ROW Procedure for Public Works Page 2 of 7 • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Contract with a qualified Consultant iv. ACQUISITION: Acquire,through negotiation with property owners, real property, or real property interests (rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; • To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires property valued at $10,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare AOS justification and obtain approval; • Prepare Administrative Settlement and obtain approval; • Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase); • Review title, and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with ROW plans,valuation, and title reports; • Provide a negotiator disclaimer; • Maintain a complete, well organized parcel file for each acquisition; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management as necessary. Tina—Lovejoy Schaefer,Right of Way Agent and Mike Mclrvin, County Surveyor Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at http://www wsdot wa gov/LocalProp,ranis/ROWServicesfrraining.htm V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by a federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations,policies, and procedures. Responsibilities/Expectations: • Prepare and obtain approval of relocation plan prior to starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for Agency approving authority prior to making payment; • Provide and maintain a comprehensive written account of relocation activities for each parcel; ROW Procedure for Public Works Page 3 of 7 • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW; • Coordinate with engineering,program administration, appraisal,acquisition, and/or property management as necessary. Contract with a qualified Consultant vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of ROW,excess lands, and improvements acquired on federal aid projects for the Agency. Ensures property management activities are completed in compliance with federal and state laws, regulations,policies,and procedures. Responsibilities/Expectations: • Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities; • Keep ROW free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Ensure occupants and personal property is removed from the ROW; • Maintain a complete, well organized property management file; • Coordinate with engineering,program administration, appraisal, acquisition, and/or property management as necessary. Tina-Lovejoy Schaefer,Right of Way Agent and Mike McIrvin, County Surveyor b. Any functions for which the Agency does not have qualified staff,the Agency will contract with another local agency with approved procedures,a qualified consultant,or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions will need to work closely with their ROW Local Agency Coordinator(LAC)and Local Programs to ensure all requirements are met. When the Agency proposes to have staff approved to negotiate who have limited experience in negotiation for FHWA funded projects,the LAC must be given an opportunity to review all offers and supporting data prior to offers being made to the property owners. c. The Agency's Administrative Settlement Procedures indicating the approval authorities and the procedures involved in making administrative settlement needs to be included with these procedures (see Exhibit A). d. An Agency wishing to take advantage of the ADS process,properties valued up to $25,000 or less, need to complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, ROW, construction stages,and for a three-year period following acceptance of the projects by WSDOT. 3. Approval of the Agency's procedures by WSDOT Local Programs may be rescinded at any time the Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. ROW Procedure for Public Worts Page 4 of 7 Sharon Trask, Chair Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date ROW Procedure for Public Works Page 5 of 7 Exhibit A Agency's Administrative Settlement Policy The County of Mason, hereinafter referred to as"AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, hereby specifies the AGENCY'S administrative settlement policy and approving authorities for making administrative settlements. Administrative settlements are occasionally required in addition to just compensation in order to acquire needed right of way through negotiation. These administrative settlements can help eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain the background leading to the need for an administrative settlement and a memo to the file shall be prepared detailing the rationale and justification. The level of authority to offer administrative settlements is as follows: ■ Acquisition Negotiator- Just compensation plus up to an additional $5000.00. ■ Engineering and Construction Manager- Just compensation plus up to an additional $10,000.00. ■ Public Works Director or Deputy Director/County Engineer- Just Compensation plus up to an additional $25,000.00. ■ Mason County Board of County Commissioners, Chair- Just Compensation plus any administrative settlement offer in excess of$25,000.00. Agency Minimum Compensation Policy Public Works may establish policy that provides for minimum payments for temporary construction Easements (TCE) and right of way ranging from $250.00 for TCE and $1,000.00 for permanent rights per tax parcel to acquire. Sharon Trask, Chair Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date ROW Procedure for Public Works Page 6 of 7 Exhibit B Waiver of Appraisal Agency's Administrative Offer Summary (AOS) The County of Mason,hereinafter(Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration(FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation(WSDOT) as follows: Rules A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the ROW Funding Estimate is$25,000.00 or less including cost-to cure items. A True Cost Estimate shall not be used with this procedure. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers$10,000 or less. C. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers over$10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the AOS as no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An ADS is prepared using comparable sales found at the time of preparation. B. The AOS is submitted to the Director, County Engineer or Engineering& Construction Manager for approval. Upon signature a first offer to the property owner(s) is authorized. Sharon Trask, Chair Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date ROW Procedure for Public Works Page 7 of 7