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HomeMy WebLinkAbout2023/08/15 - Regular Board of Mason County Commissioners Proceedings Commission Chambers .,, u t 411 N 5" St, Shelton, WA 98584 August 15, 2023 1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance—Kelly Frazier led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin;Commissioner District 2—Kevin Shutty;Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following:notice of liquor license application for IL Canale, special occasion liquor license application for the Great Bend Music Center,and notice of cannabis license application for GGD Platinum LLC. 4.1.2 Saundra Price,Northwest Park Brokerage, sent in notice of opportunity to compete to purchase template for Allyn View Estates. 4.1.3 Astound Broadband powered by Wave sent in a letter regarding rate increase. 4.1.4 Washington Fish and Wildlife Office sent in a letter regarding the initiation of a species status assessment for the Suckley's bumblebee. 4.2 Mark Neary read the Mason County Noxious Weed Control Board Vacancies news release. 5. Open Forum for Citizen Input Kelly Copp,Harstine Island,shared concerns regarding phone service connectivity on the island. There are large gaps with no cell service,only land line service to call in case of emergency. Cost is an issue and there are not enough customers on the island. 6. Adoption of Agenda Cmmr.Shutty/Neatherlin moved and seconded to adopt the agenda with a slight word change on items 8.2 and 8.3 to read"approval to accept the recommendation of the Hearing Examiner and affirm...". Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Neatherlin/Shutty moved and seconded to adopt the July 17,2023 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8098145-8098361 $2,014,784.10 Direct Deposit Fund Warrant#98421-98830 $ 864,015.53 Salary Clearing Fund Warrant#7007471-7007507 $ 571,071.48 Treasurer Electronic Remittance $ 410,073.38 8.2 Approval to accept the recommendation of the Hearing Examiner and grant affirm the vacation of the right-of-way as petitioned,subject to the conditions contained in the findings, conclusions,and recommendations of the Hearing Examiner for Road Vacation no.413. 8.3 Approval to accept the recommendation of the Hearing Examiner and grant affirm the vacation of the right-of-way as petitioned,subject to the conditions contained in the findings, conclusions,and recommendations of the Hearing Examiner for Road Vacation no.414. 8.4 Approval of the Resolution amending Resolution no.2023-035 to fund the Mason County Flexible Spending Account(FSA)clearing account in the amount of$5,000. (Exhibit A, Resolution No.2023-042) 8.5 Approval of the 2024-2025 Office of Civil Legal Aid(OCLA)contract and reclassification of the Juvenile Deputy position. 8.6 Approval of the rate of$40 per hour for Rule 9 interns handling remote District Court cases for probation violation. 8.7 Approval of the Mason Matters contract for a total of$25,000 per year from July 1,2023 through June 30,2024. 8.8 Approval of the Resolution adopting the revised Park Host Program as set forth in Exhibit A which will be administered by the Parks and Trails Department. (Exhibit B,Resolution No. 2023-043) 8.9 Approval to set a Public Hearing for Tuesday, September 12,2023 at 9:15 a.m.to review final project performance and close out the state Community Development Block Grant(CDBG)for the Microenterprise Assistance Program which ended July 1,2023. 8.10 Approval to advertise a Request for Qualifications(RFQ)for Community Justice Center Design and Development. 8.11 Approval to set a Public Hearing for Tuesday,September 26,2023 at 9:15 a.m.to consider amending the 2023-2028 Six-Year Transportation Improvement Program(TIP)and the 2023 Annual Construction Program. 8.12 Approval of the Resolution for County Road Project no.2051 —Shelton Matlock Road and to authorize the Public Works County Engineer to advertise,set bid dates/times,award contract, and for the County Engineer and/or the Chair to sign all pertinent documents. (Exhibit C, Resolution No.2023-044) 8.13 Approval for Public Works to add an and hire for an additional 1.0 Full-Time Employee(FTE) Administrative Assistant position. 8.14 Approval of the Interlocal Agreement(ILA)with the City of Shelton for the 2025 Mason County and City of Shelton Comprehensive Plan update. 8.15 Approval of the following Mason County Officers, Employees, and Volunteer(s)request for Defense and Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett#172141, case no. 3:23-CV-5654-RAJ-DWC United States District Court Case served upon them on August 7, 2023 via LISPS:Kevin Hanson, Shane Schoeneberg, Randy Newell, Paula Blush. 8.16 Approval of the letter of support for the Medicaid Inmate Exclusion Policy(MIEP)amendment. Cmmr.Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.16. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business(Department Heads and Elected Officials) Mark Neary,County Administrator,gave an update on the nonworking Courthouse elevator. The County hired TKE to fix the elevator;however,more work needs done that was not included in the original quote. Additional parts will need made and will cost$95,484 for a total cost of $256,618.81. Kelly Frazier,Facilities,estimates the work to be completed in 4-6 weeks. Cmmr.Shutty/Neatherlin moved and seconded to approve the County Administrator to sign the change order to increase for 9$5,484.89 order for elevator project in historic courthouse. Motion carried unanimously. N-aye; S-aye;T-aye. Steve Duenkel,Auditor,shared that Elections is on track to certify the August 1 vote and shared 21August 15 , 2023 Commission Minutes an invite to view the process. Steve also shared that the Auditor's Office is ready for the next section of the Secretary of State Information Grant. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider approval of the Ordinance adopting the proposed amendments to Mason County Code Title 16—Subdivisions&Plats and Title 17—Zoning as outlined in Attachments A and B. Staff Kell Rowen(Exhibit D,Ordinance No.2023-045) Kell Rowen shared the code changes to Title 16 and 17 relating to road standards. Public Works is updating their road standards and will bring those changes to the Board. To be consistent,Community Development is amending the code to point to road standards rather than having those road standards in the Belfair Zoning Code, in the Subdivisions and Plats Code,etc.to be consistent in the County and in the Urban Growth Areas(UGAs). Additionally,minor amendments to clarify codes around items prohibited in the cottage industries section,forms,etc.have been included. Cmmr.Shutty/Neatherlin moved and seconded to approve the Ordinance adopting the proposed amendments to Mason County Code Title 16 and 17 as outlined in Attachments A and B. 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 9:35 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smkh,CWrk of the Board Sharon Trask,Chair A4 Raody Neath lin,Vice-Chair `A )x0\ Kevin Shutty,Commissioner 31August 15 , 2023 Commission Minutes RESOLUTION NO. 2�23-i�42 AMENDING RESOLUTION#2023-035 ESTABLISH THE MASON COUNTY FSA(Flexible Spending Account) CLEARING ACCOUNT Fund #001.000000.057.000 WHEREAS, On June 6`h,2023,the Mason County Board of Commissioners approved establishing the Mason County FSA(Flexible Spending Account)Clearing Account, Resolution No.2023-35 for Mason County eligible employees utilizing a third-party vendor Navia Benefit Solutions. WHEREAS,Navia Benefit Solutions needed the ability to direct debit and credit a bank account set up for such Flexible Spending Account(FSA)product(s)for the purposes as contracted and elected to by eligible county employees. WHEREAS,eligible county employees who elected to make use of the Flexible Spending Account(FSA) through Navia Benefit Solutions,agreed to have such funds payroll deducted and such funds will be deposited directly to the Mason County FSA(Flexible Savings Account)Clearing bank account,by the Financial Services Department of the Mason County Auditor's Office. WHEREAS,it appears that debits to this account happen between the bi-monthly employee payroll deposits,causing the account to have negative balances and thus incurs overdraft fees. WHEREAS,a review by the Mason County Treasurer and staff in the Human Resources Department,it is recommended to fund the account in the amount of$5,000.00 to keep sufficient funds available to cover debits in between deposit dates and available for any fees charged to the account. WHEREAS,the Human Resources Department is the responsible party for making deposits of such funds as necessary for administration costs into the Mason County Flexible Spending Account(FSA)Clearing bank account, replenishing the$5,000.00 balance as necessary through the accounts payable process and by December 315L each year, reconciling the monthly bank statement and providing such reconciliation to the Mason County Treasurer's Office. Funding for this account will be by warrant issued from fund 001.000000.057.000. NOW THEREFORE BE IT RESOVLED,that the Board of County Commissioners hereby approves the recommendation of the Mason County Treasurer to fund the Mason County Flexible Spending Account(FSA) Clearing Account in the amount of$5,000.00. DATED this ,of August,2023 BOARD OF COUNTY COMMISSIONERS, ATTEST: MASON COUNTY,WAS�HINGTON McKenzie Smith, Jerk o the Board Sharon Trask,Chair APPROVED AS TO FORM: // \-Xt� Ran y Neath in ice Chair Tim Whitehe a Deputy Prosecutor Kevin Shutty,10 mmissioner AP ROVED: n��QA Lisa Frazier, Mason County Treasurer Cc: Auditor Finance Department,HR,Treasurer,Auditor RESOLUTION NO. Zo23-043 A RESOLUTION AMENDING RESOLUTION 95-08 - PARK HOST PROGRAM WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations,policies, and practices governing such use, and WHEREAS, Mason County Parks and Trails Department owns and operates County Parks for the enjoyment and use of its residents and visitors, and WHEREAS, County Parks receive a great deal of use each year from the public and in many instances park visitors have requested additional maintenance, customer service, security, and staffing, and WHEREAS, the use of park hosts at selected County Parks provide for additional customer service, maintenance, site security, site safety, and volunteerism, and WHEREAS,the Park Host Program has been reviewed by Risk Management and Human Resources and minor updates have been made to the Program; NOW, THEREFORE BE IT RESOLVED that the Board of Mason County Commissioners does hereby adopt the revised"Park Host Program" as set forth in Exhibit A. This Program will be administered by the Parks and Trails Department. Signed this \15*day of August 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: MA% SWIAL -'—Sharon Trask,Chair McKenzie Smith,,elerkbf the Board APPROVED AS TO FORM: Kevin Shutty,C mmissioner R I ovv, —� Tim Whitehead,Chief Civil Randy eatherlin, issioner Deputy Prosecuting Attorney C: Parks&Trails Department J:\DLZ\Parks\Park Host Info\ParkHostProgram Resolution - needs to be revised.doc Exhibit A MASON COUNTY PARKS AND TRAILS DEPARTMENT PARK HOST PROGRAM DUTIES AND INFORMATION Welcome to Mason County Parks! We hope you enjoy your volunteer experience with the Mason County Parks and Trails Department. Mason County Park's volunteer program supports a growing number of citizens who dedicate their time to support regular staff in all aspects of Parks operations. This volunteer program provides the training and opportunity for community members to become involved in the care of Mason County's Parks. The efforts of dedicated volunteers, including individuals, families, businesses and corporations contribute to helping Mason County Parks provide quality park facilities and programs that serve our community. The volunteer program offers assistance in maintaining and operating our park facilities. Volunteer Park Hosts assist park staff with routine visitor services such as greeting guests, answering questions, clean-up, general maintenance, and dispensing information in exchange for free use of area for self-contained recreational vehicle. Expectations • Maintain clean, orderly RV site. • Check with the Mason County Parks staff before adding any additional structures or storage containers at your site. Any plants must be grown in portable containers. • Do not perform vehicle maintenance at your site. • County equipment cannot be used for personal use. • Only camping and recreational equipment may be in public view; all other equipment must be stored out of sight. • It is not appropriate to consume alcohol while on County Park property. Confine any alcohol consumption to inside your RV. • Successfully pass a criminal history check. • No smoking. • Must have cell phone or means to contact County staff and emergency response • Avoid offensive language or conduct. • Avoid displaying signs, decals, bumper stickers, posters that express political or religious viewpoints. • Conducting business such as selling items/products/services for pay in the park is prohibited unless allowed by separate contract with Mason County. • All dogs must have current rabies certificates. Scoop and leash laws apply at all times. Pets must never be left unattended. • Do not accept responsibility for supervising park visitor's children. Duties County budgets and the time of the year determine park staffing and current operations, but also what duties the Parks staff will be requesting you to perform. A host during one month may be asked to pick up litter and weed areas, plus greet visitors, while another host may be asked to provide surveillance, check restrooms and close gates in the evenings. Some of the duties may include: • Greeting and assisting visitors, informing them of Park rules, answering questions and receiving comments about the park and surrounding area. J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 1 Exhibit A • Distributing maps, brochures, and facility information to individuals and groups. • Replenishing restroom and facility supplies when Park staff is not present or unable to do so. Hosts may be requested to help make sure restroom facilities have adequate toilet paper and floors are picked up or swept, or light bulbs are functioning and replaced when needed. • Promoting care of the Park by keeping a clean site and performing minor maintenance tasks such as picking up litter or light duties as outlined by Park staff. Clean facilities and grounds actually help prevent the spread of litter, in addition to providing a welcome sight to visitors. • Being a visible representative of the Park with a sufficient and comfortable knowledge of Park rules and surrounding area activities so you can explain rules plus provide information to visitors. • Opening and closing the park gate. • Being observant for activities within the Park requiring immediate attention. Contacting Parks staff and/or law enforcement when emergencies occur. Remember: You are responsible for minor enforcement of park rules such as alcohol use, rowdy behavior, loud music, etc. You are not responsible for dealing with major items that would be dealt with by law enforcement. • Picking up litter in and around the park • Performing grounds maintenance • Inspecting park grounds • Inspecting, cleaning, and stocking restroom • Raking leaves in the fall • Monitoring special events • Opening and closing entry gate • Clipping brush out of the way • Reporting any damaged tables, trees, or posts to staff • Turning on and off water system for park • Checking and moving sprinklers • Moving or cleaning up around garbage cans • Sweeping cobwebs off buildings • Straightening site posts • Keeping bulletin board information up-to-date • Hosing down buildings and signs • Pruning shrubs and trees, if qualified • Trimming or weeding grass • Minor repairs to picnic tables, buildings • Help with monitoring groups camping at the park who have been issued a Special Use Camping Permit. Appearance/Identification As a Volunteer Host, you will be asked to wear a County Parks and Trails Department identification badge that will identify you as a Volunteer Host to park visitors. Please wear your I.D. badge only while you are on duty. Personal appearance and the appearance of your RV site are a reflection upon the County. Application, Agreement, and Timesheet Park Host applications are available at the Parks Department office and on the County's website —www.co.masoncountywa.gov. J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 2 Exhibit A After your application is received, a member of the park staff will contact you if host openings are available. You will receive an explanation of specific duties and responsibilities and may be interviewed. If you are selected, County Park staff will work with you to make arrangements regarding required duties, dates and training. Once you arrive for your assignment, you will receive further training and orientation. Park staff accepts new applications year-round and most begin making contacts for the next season's hosts in November/December, but some will wait until late winter or even early spring before making contact. You are always welcome to make contact with the Parks Department to inquire about park host status. Before you begin your volunteer service, you will be asked to fill out and sign a number of forms including the Park Host Contract. Each of the forms has a specific purpose; such as to ensure that you understand your job duties, that you are properly trained, and that you understand the policies, rules and regulations under which you volunteer. County Park's staff will explain the purpose of each of the forms if you have any questions. You will be required to obtain the on-boarding training required by Mason County including, but not limited to, Sexual Harassment, Safe Lifting, Slip, Trip and Fall. This training is available electronically and can be obtained off-site or at the Human Resources Office. Timesheets must be completed and submitted to your supervisor at the end of your service or at the end of each month in which you volunteer to ensure that you are covered for medical industrial insurance and liability protection during the time you are volunteering. Sexual Harassment It is the policy of the Mason County Parks that employees, visitors, and volunteers shall be provided an environment that is fair and provides equitable treatment, including freedom from sexual harassment and other inappropriate conduct of a sexual nature. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment, or • Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Examples of inappropriate behavior of a sexual nature can be (but are not limited to): • Written, graphic, or verbal communication, including demeaning or offensive comments, epithets, jokes, slurs, or negative stereotyping based on gender; • Unwelcome requests for sexual favors or social contact; • Non-verbal behavior which may include gestures, leering, pictures, or cartoons; or, J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 3 Exhibit A • Physical behavior such as unwelcome touching, standing too close, cornering, leaning over or brushing against a person's body. If you feel like you are being subject to this behavior, please notify the Operations Supervisor immediately Criminal Background Checks As a volunteer, you will be acting as an agent of the Mason County Parks. Volunteer positions often have access to money or unsupervised access to children under sixteen years of age, developmentally disabled persons or vulnerable adults, you will be required to undergo and pass a conviction or criminal background record check. The expense of such check will be borne by Mason County Parks. Interacting with Visitors The following tips will help you become an effective Volunteer Host when greeting and assisting park visitors: DO O Be a good listener. O Be polite and friendly, with a desire to be helpful. O Be positive about the park, staff, and rules. O Be a good neighbor. Set a good example by obeying the park rules yourself. O Be familiar with park rules and regulations so you can explain them when asked or when you see a violation. Hand out an appropriate rules and regulations if available. If the violation continues, report it to County Park staff. O Give out accurate information. If you can't answer a question, check with park staff. O Refer park visitors with complaints to County Park staff if you cannot address the complaint yourself. O Wave as you walk by and SMILE! DON'T • Don't argue, scold or "chew out" the visitor. • Don't be harsh, sharp, abrupt, hurried, or impatient. • Don't act like a know-it-all or be self-righteous. • Don't be a busybody. Respect.park visitors privacy and their right to "get away" from it all. Providing Information The more you know, the more confident you will feel as you perform your host duties and the more helpful you can be to park visitors. Please don't think we expect you to know the answer to every question you will be asked. (Even the Parks staff gets asked questions they can't answer!) Never be embarrassed to admit to a visitor that you don't know the answer to a question. Tell them you will try to find the answer and get back to them. If the answer is not in your host packet, check with the County Parks staff. If visitors would like additional information beyond what you can provide, you may refer them to the Mason County Parks Office (360) 427-9670, ext. 535 or to the County's website —www.masoncountywa.gov. Parks staff can provide current information about picnic shelter availability, special permits, and other related information. J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 4 Exhibit A Tips for Hosts Read the Mason County Personnel Policies and Procedures— available on the Human Resources website - https:Hmasoncountywa.gov/human-resources/policy.php If possible, arrive a day before the previous hosts leave so you have an opportunity to ask them questions and discuss any special considerations. During the orientation session with park staff, don't hesitate to ask questions, clarify responsibilities, or bring up concerns. Remember: safety first, always. Know your physical limitations and discuss any specific medical problems—allergies, surgeries, diabetes, etc. —with County Park's staff. It is beneficial if you have a current First Aid and CPR certification. Ask for feedback on your performance. You are entitled to receive an evaluation of your host experience by County Park's staff and in turn, you will be given the opportunity to give your feedback. If you get asked a question by a member of the public and you don't know the answer, tell them you'll find the answer and get back to them. What You Get In Return With a one-month commitment of a minimum 15 hours service per week or more, you will receive: • Free RV site and hookups • A "Host" sign for your site • Water, septic, and power • Space size is large enough for a RV up to 50' Insurance Coverage Liability & Medical: Registered volunteers doing work that is approved by the Mason County Parks Department Head or other designee are considered part of the Mason County's self-insured liability program. All volunteer hours for registered activities must be reported to the Parks Department. The Parks Department will report volunteer hours to the Department of Labor and Industry whereby if an injury occurs while performing registered volunteer work, the volunteer may have medical only coverage. A volunteer is NOT covered for loss of employment time due to injury or illness, nor for a lasting disability or death. If you suffer an injury while performing registered volunteer activities the Department Head or other designee will help you to obtain and complete the proper forms to submit for processing. As a volunteer host, you are acting as an agent of Mason County Parks and Trails. Therefore, when you are acting within the accepted limits and scope of your assigned job responsibilities, Mason County may assume responsibility for any liability claims that may be filed. Any claim resulting from criminal activity on a volunteer's part will not be covered by Mason County. Personal Property: Mason County is not responsible for a volunteer's personal belongings/property. It is recommended that all volunteers carry insurance to cover damage to person belongings or property. Personal tools and equipment should not be used to perform volunteer duties. The use of the Park's power tools is strictly prohibited. In addition, Park's tools are not intended for personal use. J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 5 Exhibit A Vehicle Insurance: You will be asked to show proof of vehicle insurance if you use your own vehicle on the job. If special equipment or tools are required to perform your volunteer duties, you will be issued what you need and trained in their use. County equipment is not to be used for personal use. It is not recommended that you use your personal equipment to perform your volunteer duties. If you do, the County is not responsible for damage, replacement or repair to such equipment. For your protection, you should not offer park visitors a ride in your personal vehicle. Taxi service is not one of your volunteer job duties. J:\DLZ\Parks\Park Host Info\Park Host Policy final 2022.docx Page 6 MASON COUNTY COMMISSIONERS RESOLUTION NO: 2023-CA4 COUNTY ROAD PROJECT NO. 2051 WHEREAS,on Mason County Road No.90100,known locally as the Shelton Matlock Road and more specifically located in Sec.24,23,26,27,22,22,21,16,17,and 18,T.20N,R 4W,WM at approximately mile post 1.76 to mile post 7.67;work defined as"construction'in the BARS Manual, Page H-63,et seq,is determined to be necessary and proper; and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Overlay the existing gravel shoulders with hot mix asphalt,remove and replace the existing substandard guardrail. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 10,000 Right of Way S -0- Construction S 1,397.000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this \cJro` day of C A 023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON won Trask,Chair ATTEST: J4/� ln if\AXU Ran y Neat lin,Vice Chair McKenzie Smith, Jerk the Board �arl Kevin utt ,Commissioner APPROVED AS TO FORM: Tim White .DPA cc: Co.Commissioners Engineer JOURNAL: Pub1.1t: 08/1/2023 ►J ORDINANCE NUMBER U)T? -O4�J AMENDMENTS TO MASON COUNTY CODE TITLE 16 8t TITLE 17 ORDINANCE amending Mason County Code (MCC) Title 16— Plats & Subdivisions and Title 17 —Zoning Code related to county road standards and other minor amendments. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS, the Mason County Public Works department is updating the County's Road Standards effecting amendments to Titles 16 and 17; and WHEREAS, additional minor amendments were also needed in Titles 16 and 17; and WHEREAS, on June 26, 2023 the Mason County Planning Advisory Commission held a public hearing to consider the amendments and passed a motion to recommend approval of said amendments; and WHEREAS, the Board of County Commissioners considered the proposed amendments at a duly advertised public hearing on August 15, 2023; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendments to Title 16 and 17 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the MCC, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the MCC Title 16 and 17 as described in Attachment A and B. DATED this \cj-� day of (1 — 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smit , Cler<of the Board 1 - APPROVED AS TO FORM: Kevin Shutty, tommissioner Tim Whi e ea , Chief DPA R ndy Neatherlin, Commissioner z Attachment A Chapter 16.28 DESIGN STANDARDS Sections: 16.28.080 Streets—Specific requirements. Applicants shall be required to comply with Chapter 16.48. (Res.dated 7/1/74(part): Res.dated 12/20/71(part):Res.32§7.08, 1969). Chapter 16.38 LARGE LOT SUBDIVISIONS Sections: 16.38.022 Reserved. 16.38.031 Reserved. Chapter 16.48 Mason County Road Standards Sections: 16.48.010 Mason County Road Standards. The Mason County Road Standards,to be known as the"road standards",are set forth in Section 12.04.030 Mason County Code and shall apply to Title 16 and Title 17 Mason County Code. If any conflict arises between Title 16 and Title 17 of Mason County Code and Section 12.04.030 Mason County Code,Section 12.04.030 shall control. 16.48.020 Specific requirements. (a) The alignment of all major streets shall conform as nearly as possible with that shown on the comprehensive plan.All streets shall conform to the policies in the comprehensive plan or other development plans and land control ordinances as may be adopted by the board. Mason County,Washington,Code of Ordinances Created: 2023-04-05 09:20:18 (EST] (Supp.No.62-2-23) Page 1 of 3 Title 17-ZONING Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA (b) The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions. When adjoining property is not subdivided, principal streets in the proposed plat shall provide access to such unplatted property when necessary. (c) When a subdivision road intersects a county road or a state highway, an approved road-access permit issued by the department of public works or the Washington State Department of Transportation shall be required. (d) Evidence of a recorded maintenance agreement shall be provided for private roads.This agreement shall run with the land and shall describe levels of maintenance, management powers and enforcement provisions. The enforcement provisions shall provide adequate means to assure that the intent of the agreement is complied with by the road maintenance administrators and the property owners. 16.48.030— Private Roads (a)All private roads shall conform to the current road standards as adopted by the board. (b) All private roads constructed for any reason prior to the initiation of the platting procedures shall be subject to all the requirements herein when application is sought. (c) Roads will not be maintained by the county unless such roads have been improved to current county road standards and have been accepted into the county road system. Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA 17.35.020 Standards. The following standards apply to all residential subdivisions and development unless otherwise noted: (1) Reserved. (2) Single family and driveway design.The following standards apply to new developments with more than four lots; (A) Design driveways with minimum amounts of impervious surface and minimum presence on the street to retain green-space and reduce surface water runoff. Driveways must meet the following standards: (i) Driveways and vehicle circulation pavements shall be the minimum size, necessary to accommodate vehicle storage and circulation.The county may require that pavement dimensions be modified to reduce impervious surface.Applicants are encouraged to use pervious materials,where feasible,such as split pavements with lawns or unit pavers in the center of the driveway, (B) Design homes that minimize the impact of garages on the street and enhance the sense of neighborhood.Specifically: (i) All homes should include a porch or covered entry facing the street, Mason County,Washington,Code of Ordinances Created: 2023-04-OS 09:20:32 [EST] (Supp. No.62-2-23) Page 2 of 3 (ii) Garages visible from the street shall be setback at least five feet further than the front wall of the house facing the street; (3) Street Network.The following standards apply to new developments with more than four lots: (A) The street pattern for new residential development shall emphasize a connected network of streets rather than long irregular loops with dead-ends and cul-de-sacs.Such a network will provide better traffic flows,orientation,and shorter trips through the neighborhood. Intersections should occur at no more than four hundred foot intervals; (B) The street pattern should be adjusted for existing topography and other natural features,while maintaining interconnections and function; (C) Streets should interconnect neighborhoods; (D) Allow for future connections where topography permits a street to be extended in the future; (E) Consider alleys in the design of a street system—which have proven useful in reducing on-street parking pressure and pedestrian/driveway conflicts.Alleys are also the most appropriate location for utilities and other service facilities.Alleys also enhance the appearance of the street since garages will be located at the rear of homes; (4) Street Design.The following standards are consistent with the American Association of State Highway Transportation Officials(AASHTO)Green Book and apply to all public streets in residential areas with traffic volumes less than four thousand average daily traffic and speeds less than thirty mph: (A) Residential streets shall be designed per the road standards; (B) The county may approve an alternative street design where the applicant can demonstrate that such alternative design achieves the following: (i) Enhances safety for pedestrians and vehicles, (ii) Provides durable construction but reduces environmental impacts(i.e., less impervious surface), (iii) Street design is appropriate for site given existing topography and vegetation, (iv) Street design is consistent with the purpose of this section and is sufficient to accommodate the projected traffic; (5) Sidewalks and Trails.The following standards apply to all new residential development with more than four lots unless otherwise noted: (A) New development should be integrated with, and expand Belfair's system of community-wide trails(see Figure 6); (B) Sidewalks or pathways should be provided along public streets per the road standards; Created: 2023-04-OS 09:20:32 [EST] (Supp.No.62-2-23) Page 3 of 3 Attachment B 16.38.015 Procedure—Application content. Applications for approval of large lot subdivisions shall contain: (1) Five copies of the large lot plat showing the entire contiguous tract owned or being purchased by the applicant which shall show: (A) Names of any adjacent subdivision; (B) Lines marking the boundaries and dimensions of proposed lots; (C) Location of road right-of-way within or adjacent to the tract,and easements within the tract which are to be used for ingress and egress for road and utility purposes; (D) Contour lines of sufficient interval to show the topography of the entire tract may be required by the administrator,on a case-by-case basis, based on environmental and/or geologic conditions. Such contour lines shall include lines that extend at least one hundred feet beyond the tract boundaries; (E) All private roads and/or easements shall be designated private and printed on the face of the plat; (F) Date,scale and North arrow; (G) Vicinity map; (2) Legal description of the original tract held under single or unified ownership or which the owner holds controlling interest; (3) The name and address of the owner or owners of the said tract(s); (4) Survey by a registered land surveyor of the lots within the large lot subdivision.Survey can be submitted after administrators approval and prior to recording; (5) Title report; (6) Boundary closures for all lots; (7) Names and addresses of all landowners within three hundred feet of the proposed large lot division boundaries(unless SEPA exempt). 16.40.041 Decision criteria. The review authority shall approve an application for a boundary line adjustment provided the following criteria are met: (1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional requirements specified for the applicable zone as set forth in the approved Title 17 and, if applicable, Chapter 8.52. (A) Boundary line adjustments in residentially zone property must meet the requirements of minimum and maximum lot sizes,as set forth in the approved Title 17, unless already legally non- conforming. (2) No lot,use,or structure is made nonconforming or more nonconforming than that which existed at the time of application, and subject to the provisions of the approved Title 17 and,if applicable,Chapter 8.52. Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp.No.63,5-23,Update 1) Page 1 of 5 Attachment B (3) Will not diminish or impair existing or future drainage,water supply,sanitary sewage disposal (including on-site sewage disposal) or legal access. (4) All boundary line adjustments shall not result in any of the following: (A) Shall not result in the creation of any additional lot,tract, parcel,site,or division. (B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles, utilities, fire protection,or existing easements impractical to serve their purpose. (5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are intended for and restricted by covenant to a specified accessory use,such as for stormwater management, common area playground,or open space. 17.03.021 Cottage industries. Unless listed in Figure 17.03.021,any use is permitted, subject to department review, in any development area as a home-based occupation, or as a cottage industry.The activity shall be required to obtain a special use permit unless it complies with the following standards: (1) On-site parking shall be accommodated for up to ten vehicles for residents,customers and employees; any provision for additional parking shall require a special use permit; (2) The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off the site; (3) A cottage industry shall involve the owner or lessee of the property who shall reside within the dwelling unit, and shall not employ on the premises more than five nonresidents.A temporary increase in the number of employees is permitted to accommodate a business that is seasonal in nature. However, not more than five additional persons shall be employed on a temporary basis(up to six weeks)without a special use permit; (4) More than one business may be allowed, in or on the same premises provided that all of the criteria are met for all business combined; (5) There shall be no alterations to the outside appearance of the buildings or premises that are not consistent with the residential use of the property, or other visible evidence of the conduct of such cottage industry,other than one sign no larger than twelve square feet; (6) No equipment or process shall be used in such home occupations which creates noise,vibration,glare, fumes, odors, or electrical interference detectable to the normal senses off the property; (7) The cottage industry shall not create an increase of five percent or more in local traffic. MASON COUNTY USES PROHIBITED AS COTTAGE INDUSTRIES FIGURE 17.03.021 Prohibited Cottage Industry Use Airport Assisted living facility Automobile service station Automobile wash Automobile,sales Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp. No.63,5-23,Update 1) Page 2 of 5 Attachment B Banks Billiard hall and pool hall Boat yards Bowling alley Buy-back recycling center Campgrounds Cemeteries Child day care,commercial Non-profit club or lodge, private Department stores Drugstores Dry cleaners Fire stations Food markets and grocery stores Freight terminal,truck Gravel extraction Hardware stores Health club Heavy industry Hotel Libraries Liquor stores Lumber yards Marina Mining Mobile home sales Mortuaries Motel Motor vehicle impound yards Paint shop Plumbing supply yards Post office, distribution center or terminal Public utility service yard Rail-dependent uses Recreational vehicle park Recreational vehicle repair Recreational storage(vehicles, boats,etc.) Restaurant Restaurants, drive-through Rifle range Self-service storage facility Taverns Theaters,enclosed Trailer-mix concrete plant(resource-dependent use) Wrecking/junk yards Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp.No.63,5-23,Update 1) Page 3 of 5 Attachment B Article IL Rural Commercial 2 (RC 2) 17.04.332 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant,vehicle and equipment repair and maintenance (automotive,truck,farm implement,and small engines),small office, laundry, professional services, public meeting space, nursery, post office/fire station,church, local community and recreation centers, commercial/government operated day care,single-family residential. (b) Uses Permitted with Special Use Permit. Gas,self-storage(section 17.04.334 does not apply). 17.04.334 Building regulations. (a) Size. Maximum of four thousand five hundred square feet for single tenant and seven thousand five hundred square feet for multiple tenants; no maximum for dwellings. Does not apply to self-storage (b) Height. Not to exceed thirty-five feet maximum except for agricultural buildings,cell towers,antennas,water tanks, or necessary structural elements for an otherwise complaint permitted land use. Article Ill. Rural Commercial 3 (RC 3) 17.04.342 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant,small office, laundry, professional services, personal services, public meeting space, nursery, public facilities-post office/fire station/fish hatchery/library/ranger station,church,local community and recreation centers, lodging facilities,including motels, RV parks, campgrounds and bed and breakfast,marina-sales,service and storage,auto service and repair, medical/dental clinic,animal clinic,winery,commercial/government operated day care,and single-family residential and single-family accessory use. (b) Uses Permitted with Special Use Permit. Gas,self-storage, recreational storage. (c) Other Uses. Uses not explicitly enumerated in this section,but closely similar thereto,are determined by the administrator. 17.17.006 Marijuana producer licensees. Marijuana grow operations, known as producers, are measured by their plant canopy.This is the square footage dedicated to live plant production,such as maintaining mother plants, propagating plants from seed to plant tissue,clones,vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides,or other products,quarantine,office space,etc. Production operations are categorized by the state in the amount of actual square footage in their premises that will be designated as plant canopy.There are three categories as follows: Tier 1-Less than two thousand square feet; Tier 2-Two thousand square feet to ten thousand square feet;and Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp.No.63,5-23,Update 1) Page 4 of 5 Tier 3-Ten thousand square feet to thirty thousand square feet. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof,and doors.Outdoor production may take place in non-rigid greenhouses,other structures,or an expanse of open or cleared ground fully enclosed by a physical barrier.To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high.Outdoor producers must meet security requirements described in WAC 314-55-083. Licensed INDOOR and OUTDOOR marijuana producers are permitted within the following nonresidential zoning districts,subject to the restrictions of all currently adopted codes and ordinances. (a) Rural commercial 2(RC 2) (chapter 17.04,div. II,art. 2); (b) Rural commercial 3 (RC 3)(chapter 17.04,div. II,art.3); (c) Rural commercial 4(RC 4) (chapter 17.04,div. 11,Art.4); (d) Rural commercial 5(RC 5) (chapter 17.04,div. II,art.5); (e) Rural industrial (RI)(chapter 17.04,div. III) (f) Rural natural resource(RNR)(chapter 17.04,div. IV); (g) Low intensity mixed use(MU)-Shelton UGA(chapter 17.07,art.2); (h) General commercial (GC)-Shelton UGA(chapter 17.07,art.3); (i) Commercial-industrial(CI)-Shelton UGA(chapter 17.07, art.4); (j) Airport industrial (AI);subject to all codes,covenants,and restrictions of the Port of Shelton-Shelton UGA(chapter 17.07,art.5); (k) Industrial (1)-Shelton UGA(chapter 17.07, art.6); (1) Highway commercial district(HC)-Allyn UGA(chapter 17.12,art. 3); (m) Business park(BP)-Allyn UGA(chapter 17.12,art.4); (n) Mixed use(MU)-Belfair UGA(section 17.23.120); (o) General commercial (GC)-Belfair UGA(chapter 17.24); (p) Business industrial (BI))-Belfair UGA(chapter 17.24). Licensed INDOOR producers are permitted within the rural residential districts subject to following restrictions. Tier Level I Minimum five acres Tier Level 11 Minimum ten acres Tier Level III Minimum ten acres Licensed indoor producers in rural residential 2.5 and 5 must obtain a special use permit and be on five acres or larger.Outdoor production is prohibited in all rural residential districts. Licensed indoor producers are permitted within the rural residential 10 and 20 districts on parcels five acres or larger;and all structures are required to meet the building regulations for size, and height of non-agricultural and accessory buildings for each respective zoning district. Created: 2023-05-24 11:42:54 [EST] (Supp.No.63,5-23,Update 1) Page 5 of 5