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HomeMy WebLinkAbout2024/05/17 - Special i-r�"� cut,Yra Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5" St, Shelton, WA 98584 May 17, 2024 1. Call to Order—The Chairperson called the special meeting to order at 9:02 a.m. 2. Cmmr. Trask led the pledge of allegiance. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3—Sharon Trask. 4. Public Comment Betsy Livesay,Lake Nahwatzel,rents out a cabin on the lake and requested that the Sheriff's Office provide backup if guests do not comply with requests. 5. Potential declaration of disaster due to the status of Fire District No. 12's ability to respond to fire and EMS requests. (Exhibit A,Resolution No.2024-031)Wt Mark Neary,County Administrator, shared that if approved,the declaration of disaster would be filed with the State and then the County should receive information from the State on how the State will respond. An incident command team would be set up and assigned resources. There are specialties in various areas that individuals would be assigned,and the Incident Commander would be Sheriff Spurling. The County would need to determine when to report to the State. Assets would also be determined and defined. One question is what assets are no longer covered by insurance and how could other assets be utilized. Additional needed resources would be requested from the State. This is an unprecedented issue. A current challenge is, in normal operations,neighboring Fire Districts have a mutual aid agreement. This agreement is based on each district having insurance,the primary district doing initial response,and the neighboring district providing additional resources when it is needed. Some neighboring districts have been instructed by their insurance companies not to enter into any agreements with Fire District 12(FD12). Cmmr. Shutty asked for the process of how the finances would be handled if the County is unable to utilize FD12 assets associated with operations,how those assets will be secured, inventorying assets, and what the practical implications are beyond emergency response. How does the County ensure the assets and facilities are secured and that said assets are only accessed by authorized individuals and used appropriately? Will the Incident Commander secure and inventory those assets,including the assets that may be stored on private property? The process needs to be shared and the County needs to ensure there is no continued use of FD12 resources by individuals who are unable to function lawfully as district personnel. Mark answered that the top priority is protecting individuals within FD12. Regarding inventory,the focus should be locating assets within FD12 so that they can respond. The insurance company has provided a list of assets that are no longer insured. When a disaster is declared,the rules change on traditional responsibilities and roles. Incident Command steps in and takes over and communicates with the State what assets are available for response. There are a lot of criteria associated with this. Incident Command will request the necessary resources from the State. Assets should be located and secured within FD12 facilities, if an asset does not exist it would be requested from the State. Cmmr. Shutty asked regarding insurance there was a stipulation that FD 12 could potentially be reinsured if two of the Commissioners resigned,has that happened? Mark answered no Commissioners have resigned and FD12 is no longer covered by insurance. Cmmr.Neatherlin clarified that if a disaster is declared,the commission,or structure of FD12,would not dissolve and the County will not take ownership of FD12's stuff. It is not automatic protection. If contracting with surrounding districts, it would not be considered a gifting of public funds. Mark added that the declaration states the disaster is for all of FD12,which is not just Mason County. Tim Whitehead, Chief Deputy Prosecuting Attorney, shared that FD12 is a special purpose district which is a political subdivision of the State and is a separate and distinct legal entity. Declaring a disaster does not mean that the County will take over the responsibilities of the fire district because it is a special purpose district,and the County does not have that type of authority over them. Cmmr.Shutty/Trask moved and seconded to approve the declaration of disaster due to the status of fire district no. 12 inability to respond to fire and EMS requests. Motion carried unanimously. N-aye; S-aye; T-aye. TESTIMONY Kristin Masteller,Matlock,supports the emergency declaration and shared her thanks for individuals in the County who have stepped up. Sheriff Spurting,as the Incident Commander,has the support of the community. Several members of the community are working on parallel paths to support resource capacity and to define authorities. It is asked that the crimes against the Matlock community will be investigated,prosecuted,and restitution pursued. Restitution is instrumental in ensuring that FD12 is made whole financially and can be restored to a fully functioning capacity. Representative Dan Griffey introduced legislation last session essentially enabling there to be a closure of legal loopholes with regard to oversight and authority at the State level specific to special purpose districts and corruption. The bill would give the State Auditor's Office the authority to make referral to the Attorney General's(AG)Office and the AG the authority to responsibly investigate and prosecute. This will be reintroduced next session and the hope is that the County will help lobby and testify for this bill. Virginia Toll,Matlock,asked if there is a mutual aid agreement with Grays Harbor to service the Matlock area. Mark answered that the mutual aid agreements have all been with Mason County fire districts. Trina Young,Matlock, supports the resolution and shared that the work is not over yet. The community would not be here without the work of Amanda and Kristin. There is a lot of work to be done legislatively and in the local community. A lot of people thought the recall would be the end of it,but there are still a lot of things that have come into play. Help is needed. Matt Mallery, Superintendent of Mary M.Knight,encouraged the Commissioners to move forward with the declaration. There is an immediate need for preserving the assets of Mary M.Knight and the safety and welfare of the students and employees. The school needs to be secured as the current Commissioners of FD12 have access to the facility. Those assets need to be protected in transition. Mike Brown,Matlock,added that FD12 still holds the master key which gives them full access to the school which is a very big concern. DELIBERATION Cmmr.Trask shared that the topic around special purpose districts has been brought up at the Washington State Association of Counties(WSAC). Mason County can help other counties move forward in situations like this. Representative Griffey's legislation was also discussed and there will be more support from the counties. It is requested that once this declaration is finished,the Commissioners receive something in writing from the State with their intentions to ensure a clear path moving forward. Cmmr.Trask shared 2 May 17 , 2024 Special Minutes her thanks for the organizers,first responders,and County staff. The County is in support of the Matlock community. Cmmr. Shutty thanked the Matlock community and shared his appreciation for the input and advice from the Department of Emergency Management(DEM)and other fire districts. There are great examples of individuals who are committed public servants who take their oath and responsibility seriously who also put their citizens first. FD 12 Commissioners Walsworth and Compton need to prioritize the public safety of their community and allow people who are competent and responsible to lead FD 12 into the future. The County is here to support the Matlock community. Cmmr. Shutty also shared his appreciation for Sheriff Spurling working closely with Incident Command. The hope is for the declaration to reach the appropriate staff at the State DEM and be transmitted to the Governor and the AG's Office. The AG's Office has refused to help provide resources and investigate the issues that have led up to the action being taken today. Cmmr.Neatherlin thanked everyone for their professionalism and is counting on the State to assist. The Matlock community can count on the County to do the best it can within the parameters of which it is allowed. 6. Adjournment—The meeting adjourned at 9:46 a.m. ,BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON ft LA fiko McKen ie Smi , of the Board Randi Neatherlin,Chair 1��- W*r Kevin Shutty,Vic -Chair �r/� ,2— Sharon Trask, Commissioner 31 May 17 , 2024 Special Minutes RESOLUTION NO. r p zj - 031 MASON COUNTY, WASHINGTON DECLARATION OF DISASTER FOR THE AREA SERVED BY MASON COUNTY FIRE PROTECTION DISTRICT 12 WHEREAS,Mason County Fire Protection District 12, a Special Purpose District created by the Washington State Government, is incapable of meeting the fundamental requirement to protect the lives of citizens in Mason County Fire Protection District 12 as of 12:01 A.M.May 17,2024; and WHEREAS,the Mason County Commission recognizes the imminent threat to life and property a non- functioning fire district poses to the community it is expected to serve and declares a state of disaster for the area served by Mason County Fire Protection District 12,Washington; and WHEREAS, extraordinary measures must be taken to ensure that citizens are protected in the area served by Mason County Fire Protection 12; and WHEREAS, declaring a state of disaster for the area served by the Mason County Fire Protection District 12 will facilitate and expedite the procurement,use, and deployment of resources to enhance preparedness,response, and public safety from Washington State. NOW,THEREFORE,BE IT PROCLAIMED BY THE MASON COUNTY COMMISSION: 1. A state of disaster is declared for the area served by Mason County Fire Protection District 12 as defined under RCW 38.52.010 13(a). 2. In compliance with the National Incident Management System, activates its Area Command, establishes a Public Safety Incident Command, and appoints the highest public safety professional in Mason County,the Sheriff, as the Incident Commander in compliance with the Mason County Comprehensive Emergency Management Plan. 3. The Incident Commander is tasked with ensuring Washington State provides emergency services to the area served by the Mason County Fire District 12 as soon as possible.This declaration will remain in effect until the area served by Mason County Fire Protection District 12 is provided the level of emergency services required. 4. Mason County has no funding to provide emergency services and is assuming no responsibility, financial or otherwise,to provide emergency services to the area served by Mason County Fire Protection District 12 and is requesting Washington State provide these services. 5. This declaration shall take effect immediately from and after its issuance. ORDERED this 171 day of May, 2024. Declaration of Disaster—Mason County Fire District 12 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHNGTON McKenzie Smith,Clerk of the Board Randy 4eaerhn,Chair 0;5z APPROVED AS TO FORM: Kevin Shutty,Vice-Ch �/ Z/ Tim Whitehead,Chief Deputy Prosecuting Sharon Trask,Commissioner Attorney