HomeMy WebLinkAbout2024/09/10 - Regular Packet ♦* cM� Board of Mason County Commissioners
Draft Meeting Agenda
Commission Chambers
411 N 5t' St, Shelton, WA 98584
AW September 10, 2024
9:00 a.m.
Commission meetings are live streamed at hqp://www.masonwebtv.com/
Regular Commission business meetings will be held in-person and via Zoom.
Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized
by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person,via e-mail at
msmithng,masoncountywa.gov;mail in to the Commissioners'Office at 411 N 5t'St,Shelton,WA 98584;or call(360)427-
9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the
Commissioners'Office no later than 4:00 p.m.the Friday before the meeting.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Preliminary Budget Presentation by Auditor Duenkel
5. Open Forum for Citizen Input
Please see above options to provide public comment;3 minutes per person, 15-minute time limit.
6. Adoption of Agenda
Items appearing on the agenda after `Item 10.Public Hearings"may be acted upon before 9:15 a.m.
7. Approval of Minutes—August 12 and August 19,2024 Briefing Minutes and July 30 and August 13,2024
Regular Minutes
8. Approval of Action Agenda
Items listed under `Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be
removed from the Action Agenda and considered a separate item.
8.1 Approval of Warrants and Treasurer Electronic Remittances
Claims Clearing Fund Warrant#8107159-8107370 $1,999,501.00
Direct Deposit Fund Warrant# 109090-109503 $ 916,791.52
Salary Clearing Fund Warrant#7008336-7008361 $ 614,319.68
Treasurer Electronic Remittance $ 464,082.81
8.2 Approval of the Resolution cancelling outstanding warrants not presented within one year of their issue.
8.3 Approval of the Mason County Vendor Data Access agreement ensuring that external vendors comply with
County security standards.
8.4 Approval of the Information Technology(IT)Incident Response Policy.
8.5 Approval to appoint Katherine Diane McLean to the Board of Equalization(BOE)for an unexpired term
ending May 31,2026.
8.6 Approval for the Chair to sign the State v. Blake Reimbursement Agreement between the Washington State
Administration Office of the Courts(AOC)and Mason County.
8.7 Approval of the Private Line Occupancy(PLO)permit for Mary Ruth Mann's application for electric and
waterlines along the North Shore Road serving parcel numbers 32220-50-03003 and 32220-50-03004.
9. Other Business(Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony.
No Public Hearings set for this time.
11. Board's Calendar and Reports
12. Adjournment
MASON COUNTY
TO: Board of Mason County Commissioners Reviewed
FROM: Kayla Milam Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: September 10, 2024 No. 4.1
ITEM: Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent multiple applications for Special
Occasion Liquor Licenses for Skookum Rotary Foundation and Hood Canal Salmon
Enhancement.We also received a liquor license application for Assumption HK&
JY Entertainment,INC.
4.1.2 Terry Lauber applied for the Transportation Improvement Program Citizens Advisory
Panel(TIP-CAP)
4.1.3 Federal Energy Regulatory Commission sent a confirmation for environmental
inspections for the Wynoochee and Cushman Hydroelectric Projects and deflection
monitoring program revision plan and schedule,Cushman Project.
Attachments: Originals on file with the Clerk of the Board.
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS AUGUST 21, 2024
SPECIAL OCCASION #: 367251 EC'_ JCommissioner Randy Neatherlin,
SHELTON SKOOKUM ROTARY FOUNDATION �� J 2Q24 Sharon Trask, Kevin Shutty. Mark
PO BOX 849 Neary and McKenzie Smith
SHELTON, WA 98584 BY' __ Liquor Board
,-
DATE: OCTOBER 5, 2024 TIME: 10:00 AM TO 6:00 PM
OCTOBER 6, 2024 10:00 AM TO 5:00 PM
PLACE: PORT OF SHELTON - BEER GARDEN - 250 N SANDERSON WAY, SHELTON
CONTACT: JOYCE GORNY (DOB: 9.27.1953) 253-732-7122
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
a
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES_ NO
2. Do you approve of location? YES NO-
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES_ NO
LAW ENFORCEMENT YES_ NO
HEALTH & SANITATION YES_ NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS AUGUST 21, 2024
SPECIAL OCCASION N: 367251 EIC °:� Commissioner Randy Neatherlin,
SHELTON SKOOKUM ROTARY FOUNDATION Sharon Trask, Kevin Shutty. Mark
PO Box 849 Neary and McKenzie Smith
SHELTON, WA 98584 BY,_ Liquor Board
DATE: OCTOBER 5, 2024 TIME: ":00 AM TO 6:00 P1;
OCTOBER 6, 2024 10:00 AM TO 5:00 PM
PLACE: PORT OF SHELTON - WINE TENT - 250 N SANDERSON WAY, SHELTON
CONTACT: JOYCE GORNY (DOB: 9.27.1953) 253-732-7122
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO-
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES_ NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS AUGUST 21, 2024
SPECIAL OCCASION #: 367251 Ek
EGEI V °- Commissioner RandyNeatherlin,
SHELTON SKOOKUM ROTARY FOUNDATION � i�+M Sharon Trask, Kevin Shutty. Mark
PO Box e49 - 1 202,_ i Neary and McKenzie Smith
SHELTON, WA 98584 Liquor Board
DATE: OCTOBER 5, 2024 TIME: 10:00 AM TO 6:00 PM
OCTOBER 6, 2024 10:00 AM TO 5:00 PM
PLACE: PORT OF SHELTON - BISTRO FAMILY DINING ALL AGES - 250 N SANDERSON WAY, SHELTON
CONTACT: JOYCE GORNY (DOB: 9.27.1953) 253-732-7122
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. I£ you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
1025 UNION AVE SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions8lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS AUGUST 21, 2024
SPECIAL OCCASION #: 094442 Commissioner Randy Neatherlin ��''
Sharon Trask, Kevin Shutty. Mark t,'_ 1 2024
HOOD CANAL SALMON ENHANCEMENT GROUP
600 NE ROESSEL ROAD Neary and McKenzie Smith
BELFAIR, WA 98528 Liquor Board gY•
DATE: SEPTEMBER 14, 2024 TIME: 4 PM TO 9 PM
PLACE: HOOD CANAL SALMON ENHANCEMENT GROUP - 600 NE ROESSEL ROAD, BELFAIR
CONTACT: JOSH T OHARA (DOB: 3.1.1991) 360-275-3575
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
Washington State
Liquor and Cannabis Board
-IOT1C_F._QH1_IL1LI1]E..LLCFF*rg APPLICATION
Commissioner Randy Neathertin, WASHINGTON STATE LIQUOR AND CANNABIS BOARD
Sharon Trask, Kevin Shutty. Mark License Division - Box43098
Olympia,WA vision - P.O.98
P.
BY_ _ Neary and McKenzie Smith Customer Service:
Fax: (360)360) 64 160- 0
Liquor Board Website: http://Icb.wa.gov
TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.Icb.wa.gov
RE:ASSUMPTION DATE: 8127!24
From HK&JY ENTERTAINMENT, INC
Dba HARU SUSHI TERIYAKI&WOK APPLICANTS:
JL24 FOOD INC
License: 432009 -2N County:23 JANG, IL SOON
UBI: 605-583-066-001-0001 1952-09-07
Tradename:HARU SUSHI TERIYAKI&WOK LEE, HYUN JUNG
Loc Addr: 23969 NE STATE ROUTE 3 STE A 1978-02-27
BELFAIR WA 98528-9698
Mail Addr. 23969 NE STATE ROUTE 3 STE A
BELFAIR WA 98528-9699
Phone No.: 360-275-1111 LEE
Privileges Applied For:
BEERIWINE REST-BEERANINE
OFF PREMISES
As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has
applied for a liquor license. You have 20 days from the date of this notice to give your input on
this application. If we do not receive this notice back within 20 days,we will assume you have no
objection to the issuance of the license. If you need additional time to respond,you must submit a
written request for an extension of up to 20 days,with the reason(s)you need more time. If you
need information on SSN,contact our CHILI desk at(360)664-1724.
YES NO
1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑
3. If you disapprove and the Board contemplates issuing a license,do you wish to
request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See WAC 314-09-010 for information about this process)
4.if you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board
detailing the reason(s)for the objection and a statement of all facts on which your
objection(s)are based.
DATE SIGNATURE OF MAYOR,CrrY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE
Entry#: 5 -Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) Status: Submitted
Submitted: 8/24/2024 5:54 PM Commissioner Randy Neatherlin,
Advisory Board Name: Sharon Trask, Kevin Shutty. Mark
Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) Neary and McKenzie Smith
N
Name: S Today's Date:
Terry Lauber 8/24/2024
Address
Voting Precinct: Phone Email
(
Community Service: Employment:
Homeowner association-current Vice President. HOA Phinney Ridge Productions, Inc. Musician, composer,
Treasurer2014- 2020. recording producer.
What do you perceive is the role or purpose of this advisory board?
Discuss and offer feedback and possible suggestions for road improvement projects.
What interest or skills do you wish to offer this advisory board?
I have experience with formation of RID, specifically Shetland Road Improvement District(RID)2024-01.1 feel I could be helpful
with future RIDS.
List any financial, professional, or voluntary affiliations that could create a potential conflict of interest:
None
Required Training: Yes or No:
Participation is dependent on attending certain trainings such as the Open Public Meetings Act(OPMA) Yes
and Public Records Act(PRA)trainings at no cost to you. Will you be able to attend such trainings?
How much time can you commit to Are you a U.S.citizen and *For Civil Service applications ONLY,what
this advisory board: Mason County resident? is your political party?
Quarterly, Monthly Yes
FEDERAL ENERGY REGULATORY COMMISSION Commissioner Randy
Washington,D.C.20426 Neathertin, Sharon Trask, Kevin
Shutty. Mark Neary and
McKenzie Smith F.E.R.C_
mI
OFFICE OF ENERGY PROJECTS t,_ _ .� NIL'
I
tP Project No. 6842-001 -- Washington
Wynoochee Hydroelectric Project
City of Tacoma
Project No. 460-001 -- Washington
Cushman Hydroelectric Project
City of Tacoma
August 23, 2024
VIA Electronic Mail
Matt Bleich
Natural Resources Manager
City of Tacoma
MBleich(a)cityoftacoma.org
Subject: Confirmation of Environmental Inspections for the Wynoochee and Cushman
Hydroelectric Projects
Dear Mr. Bleich:
This letter confirms our recent conversation regarding the environmental
inspections of the Wynoochee Hydroelectric Project(FERC No. 6842) and the Cushman
Hydroelectric Project(FERC No. 460). As discussed, I will plan to inspect the
Wynoochee Project on September 30, 2024, and the Cushman Project on October 1,
2024. Please arrange to have the appropriate personnel accompany us during the
inspections.
Each inspection will consist of a site visit to visually confirm compliance and
observe fish and wildlife facilities, recreational facilities, and public safety features at the
projects. It will also include a discussion of license requirements and a review of project
records to confirm compliance with those requirements. Additionally, we will perform a
field verification of the installed capacity ratings of the turbines and generators at the
sites.
Copies of this letter are being furnished to appropriate federal and state resource
agencies via electronic mail. If agency representatives are interested in accompanying us
during the inspection, they are requested to contact me at(425) 922-7889 or by email at
brian.mattax(a,wsp.com. This contact will be the basis of notification should the
inspection schedule require a last-minute change.
If you have any questions regarding my role as a contract inspector for the
Commission,please contact Mr. Erich Gaedeke of the Commission's Division of
Hydropower Administration and Compliance at (503) 552-2716 or by email at
erich.gaedeke(a ferc. ov.
Sincerely,
Brian Mattax
Environmental Inspector
WSP USA
on behalf of
E R I C H ERICHIIyWsED Eby
0;. 21 00
GAEDEKE
Erich Gaedeke
Aquatic Resources Branch
Division of Hydropower Administration
and Compliance
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
Division of Dam Safety and Inspections —Portland Regional Office
1201 NE Lloyd Blvd, Suite 750
ECEIV Portland, Oregon97232 Commissioner Randy
(503) 552-2700 Neathertin, Sharon Trask, Kevin
F' ti Shutty. Mark Neary and
8/23/2024 McKenzie Smith_F.E.R.0
In reply refer to:
P-460
VIA Electronic Mail
Mr. Chris Mattson
Generation Manager
Tacoma Public Utilities
cmattsonna,ci.tacoma.wa.us
Subject: Deflection Monitoring Program Revision Plan and Schedule, Cushman Project
Dear Mr. Mattson:
This letter is to acknowledge Mr. Paul Lennemann's May 30, 2024 letter
transmitting the Deflection Monitoring Program Revision Plan and Schedule for the
Cushman Project, FERC No. 460. We have reviewed the information provided and have
the following comments:
1. The submittal adequately addresses FERC Comment Nos. k and 2 from our March
22, 2024 letter.
2. For installation of new control pedestals, for all developments, Plan Note No. 4
states that exact construction locations may be adjusted based on geotechnical
findings, line-of-sight intervisibility requirements, and other unforeseen
circumstances. This is acceptable provided that a Tacoma Power licensed engineer
with geotechnical experience will be onsite for excavation of reference pedestals
to sign off on adequate foundation conditions, and that any adjustments to
monitoring point locations will be minimised to ensure the program fulfills the
intent of the submitted program.
3. There may be archeological sites listed in your approved Historical Properties
Management Plan (HPMP) near the sites proposed for ground disturbance in your
submittal. You may not disturb any archeological sites listed in your approved
HPMP without consulting with the State Historic Preservation Office prior to
disturbance.
1
2
You are authorized to proceed with the ground-disturbing activities required to
implement the Revised Deflection Monitoring Program. No additional submittal is
requested at this time. File your submittal using the Commission's eFiling system at
https://www.ferc.gov/ferc-online/overview. When eFiling, select Hydro: Dam Safety and
Portland Regional Office from the eFiling menu. The cover page of the filing must
indicate that the material was eFiled. For assistance with eFiling, contact FERC Online
Support at FERCOnlineSupport ,ferc.gov, (866) 208-3676 (toll free), or(202) 502-8659
(TTY).
Thank you for your continued cooperation and interest in dam safety. If you have
any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707.
Sincerely,
Digitally signed by
D O U G LAS DOucLa,S
JOHNSON
J O H N S O N Date:2024.08.23
11:30:46-07'00'
Douglas L. Johnson, P.E.
Regional Engineer
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of August 12,2024
Monday,August 12,2024
9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation
Commissioners Neatherlin,Shutty,and Trask met in executive session for potential litigation
from 9:00 a.m.to 9:30 a.m. Mark Neary and Tim Whitehead were also in attendance.
9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin, Shutty,and Trask met in closed session for labor negotiation from
9:30 a.m.to 10:10 a.m. Mark Neary,Mary Ransier,Christopher Pinkston,Cabot Dow,and
Lindsey Smith were also in attendance.
10:00 A.M. Treasurer—Lisa Frazier
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Lisa met with S&P Global for review and Mason County received an upgraded bond rating
from an A+with a stable outlook to an AA-with a stable outlook.
10:05 A.M. Indigent Defense—Peter Jones
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Peter requested to renew the contract with Lexis Nexis for online legal research for the
estimated amount of$3,893 through December 31,2027. Approved to move forward.
10:10 A.M. Community Development—Kell Rowen
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Mark Neary and Kelly Frazier shared an update on Building 8 for Community Development.
With assistance from Facilities,the plan is to refresh the upstairs building with carpet,paint,
lighting,etc.and to reconfigure staffing.
10:15 A.M. Public Health—David Windom
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Melissa introduced the Olympic Health and Recovery Services(OHRS)team:Joe Avalos,
Director;Holly Johnson,Crisis Services Manager;Kisa Foley,Jail Diversion Program
Supervisor;Timothy Stewart,Crisis Supervisor;and Jason Bean-Mortinson,Care
Coordination Director. Joe shared a PowerPoint presentation.
10:20 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Loretta provided an updated on the State Route 108 fish barrier removal projects. Public
Works received notification that there was contamination and oil sheen discovered at one of
the sites. The Department of Transportation(DOT)was listed as the property owner for the
right-of-way. An early notice letter regarding release of hazardous substances from the
Department of Ecology(DOE)was also received. The cleanup and ownership issue is being
resolved.
• Loretta shared a draft letter for the State Route 106 pedestrian safety improvements in Union.
• Loretta discussed the current dead deer pickup process and what can be done to improve
services. The Big Cat Sanctuary will take fresh deer if it is dropped off. Previously,these
services were contracted for about$20k per year.
Page I 1
10:30 A.M. Support Services—Mark Neary
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Mary Ransier shared the 2%wage increase for non-represented employees to be effective
January 1,2025. Approved to move forward.
• Mary requested to create the Information Technology Manager and Parks and Trails Manager
position and convert the current Department of Emergency Management(DEM)and Parks
and Trails Manager to DEM Manager. Approved to move forward.
• Nichole Wilston discussed the lease agreement program with Cintas to replace the current
AEDs and to add additional AEDs for the estimated annual amount of$54,432. Approved to
move forward.
• Jennifer Beierle shared the application for funding from the.09 Rural County Sales and Use
Tax funds from the Economic Development Council(EDC)for the amount of$115,000.
Approved to move forward.
11:00 A.M. Review of Department 2024/2025 Projects and Priorities—Support Services
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Mark discussed the 2024/2025 projects and priorities for Budget,Central Services,
Emergency Management,Facilities,Information Technology, and Human Resources.
11:45 A.M. Executive Session—RCW 42.30.110(1)(b)Potential Acquisition of Real Estate
Commissioners Neatherlin,Shutty,and Trask met in executive session for potential
acquisition of real estate from 11:50 a.m.to 12:00 p.m. Mark Neary was also in attendance.
Respectfully submitted,
McKenzie Smith,
Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin, Kevin Shutty, Sharon Trask,
Chair Vice-Chair Commission
Page 12
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of August 19,2024
Monday,August 19,2024
9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin,Shutty,and Trask met in closed session for labor negotiation from
9:00 a.m.to 10:00 a.m. Mark Neary,Mary Ransier,Christopher Pinkston,Cabot Dow,and
Lindsey Smith were also in attendance.
10:00 A.M. State Auditor's Office—Exit Conference
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Amy Strzalka,Program Manager,and Tammy Lane,Audit Lead,shared an Exit Conference
presentation. Topics included: accountability audit results,financial audit results, financial
audit findings,federal grant compliance audit results,major programs selected for audit,
single audit findings... next audit summer 2025. Report will publish August 26.
10:20 A.M. District Court—Judge Steele&Patsy Robinson
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Judge Steele discussed supplies needed to move District Court into Building 10. The plan is
to pay for furniture and equipment using Trial Court Improvement Fund;however,there may
be a$35,000 shortfall. There is also a statewide project to switch case management system
from JIS to Enterprise Justice.
10:30 A.M. Sheriff's Office—Chief Kevin Hanson
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Chief Hanson provided an update on hiring and outsourcing for the Jail. Booking restrictions
were lifted in April.
10:40 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Loretta shared the Interlocal Agreement with Fire District No. 12 for Public Works
reimbursable work,supplies,and services. Approved to move forward.
• Mike Collins discussed the 2025 Annual Construction Program and Six-Year Transportation
Improvement Program(TIP). Approved to move forward.
10:50 A.M. Support Services—Mark Neary
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• John Taylor shared the Latimer's Landing temporary closure news release. Approved to
move forward.
• McKenzie Smith discussed the Timberland Regional Library Board of Trustees opening news
release. Approved to move forward.
• McKenzie requested concurrence with Thurston County's appointment of Ashley Lea Brooks
to the Timberland Regional Library Board of Trustees to fill a current unexpired at-large
position expiring December 31,2026. Approved to move forward.
• Becky Rogers shared the application for the Board of Equalization(BOE)from Christopher
Clifford.
• Jennifer Beierle presented the July 2024 Financial Report. Current Expense revenue
$27,305,587 at 61%. Treasurer Department receipts$18,497,876 at 63%. Current Expense
expenditure$26,755,718 at 51%. Six-Year Specific Revenue Streams: Community
Page I 1
Development revenue$2,026,150;Detention and Correction services$8,619;Current
Expense property tax$6,167,229;Road Diversion property tax$635,304;County Road
property tax$6,194,870;Current Expense sales tax$5,412,457;Criminal Justice taxes
$1,291,565;Rural Sales and Use tax$654,169;Homelessness Prevention filings$326,824;
Lodging tax$557,721;and REET 1 and 2$902,863 each. Total collected revenue
$5,412,456.98;revenue budgeted$9.2 million;projected end of year revenue$9,719,711.98.
Current Expense cash$28,175,938. Special Fund cash$64,831,545. Motor Pool expenditure
$884,549 at 45.7%. Special and Other Fund revenue$36,206,767 at 56%. Special and Other
Fund expenditure$29,509,692 at 39%. Outstanding County debt$15,699,425;remaining
debt capacity$203,161,663.
• Jennifer shared the Resolution deleting the Skokomish Flood Zone fund no. 192 in the 2025
budget. Approved to move forward.
• Mark Neary discussed the Broadband,Equity,Access and Deployment(BEAD)grant through
Washington State Association of Counties(WSAC)and PUD 3's request to apply.
• Mark presented the 2024-2025 Community and Economic Development Strategies(CEDS)
project list.
Respectfully submitted,
McKenzie Smith,
Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin, Kevin Shutty, Sharon Trask,
Chair Vice-Chair Commission
Page 12
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 51h St, Shelton, WA 98584
July 30, 2024
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance—Patrick Burke 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 application
from Higher Ground Cannabis LLC,OGZ Weed LLC,and Stonehenge Gardens;and
notice of renewal applications for cannabis and liquor licenses.
4.1.2 Department of Interior Bureau of Indian Affairs sent notice of intent to prepare an
environmental impact statement for the Nisqually Indian Tribe's proposed Fee-to-Trust
and Casino Project in Thurston County.
4.1.3 United States Bankruptcy Court sent in notices for Rite Aid Corporation for the amended
final order authorizing and approving the conduct of store closing sales,with such sales to
be free and clear of all liens,claims,and encumbrances.
4.1.4 Philip Wolff sent an application seeking appointment to the Transportation Improvement
Program Citizen's Advisory Panel(TIP-CAP).
4.1.5 Puget Sound Partnership Board sent a letter regarding critical areas ordinance and/or a
comprehensive plan periodic update.
5. Open Forum for Citizen Input
Dave Butts, Shelton,shared his ongoing frustrations with a neighbor circumventing the permitting
process and violating County code. This has been an issue for a year and a half.
Monty Ritter, Shelton,shared his complaints against a neighbor for illegal burning and thanked
the Commissioners for the Olympic Regional Clean Air Agency"no burning"signs.
6. Adoption of Agenda
Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried
unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr.Shutty/Trask moved and seconded to adopt the June 17 and June 24,2024 Briefing
Minutes;June 18,2024 Regular Minutes; and May 24,2024 Special Meeting 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#8106260-8106544 $2,199,424.41
Direct Deposit Fund Warrant# 107429-107845 $ 937,556.55
Salary Clearing Fund Warrant#7008208-7008235 $ 627,771.56
8.2 Approval for Public Health and Human Services to purchase a new mobile outreach unit for the
estimated cost of$300,000.
8.3 Approval for the County Administrator to sign the North Mason Fire District American Rescue
Plan Act(ARPA)contract amendment to expand the scope of work to include program startup
costs.
8.4 Approval for the Chair to sign the subrecipient agreement with Community Action Council
(CAC)of Lewis,Mason,and Thurston Counties and to extend the Public Services Washington
State Community Development Block Grant(CDBG).
8.5 Approval of the Private Line Occupancy(PLO)permit granting permission for the proposed
waterline to cross under North Shore Road for address 10891 NE North Shore Road,Belfair
parcel no. 32224-50-00082.
8.6 Approval of the Private Line Occupancy(PLO)permit granting permission for the proposed
waterline and septic transport line to cross under E Island Lake Drive for address 1940 E Island
Lake Drive parcel no. 32006-50-02077.
8.7 Approval of the Private Line Occupancy(PLO)permit granting permission for the proposed
waterline to run under and across E Mason Lake Road for address 1170 E Mason Lake Road
parcel no. 32134-31-00010.
8.8 Approval to set a Public Hearing for Tuesday,August 27,2024 at 9:15 a.m. to consider
approving the franchise agreement between Mason County and Pleasant Cove Water
Association to construct,operate,and maintain their water system along North Shore Road and
Elfendahl Pass Road.
8.9 Approval to reappoint Philip Wolff to the Transportation Improvement Program Citizens
Advisory Panel(TIP-CAP)to represent Commissioner District 1 —Rural for a three-year term
expiring August 30,2027.
8.10 Approval of the 2025-2026 contract with MasonWebTV for live video streaming and video
recording services.
8.11 Approval for Parks and Trails to enter into contract with Marine Floats to repair the existing
float system at Latimer's Landing for the estimated cost of$9,350.
8.12 Approval for Human Resources to purchase NEOGOV Learn and enter into a three-year
subscription for the total estimated cost of$95,310.
8.13 Approval of the Executive Assistant position in Central Services at Range 24 on the Non-
Represented Salary Schedule and approval of the updated Non-Represented Salary Schedule as
presented.
8.14 Approval for the County Administrator to go out to bid for Phase 2 of the District Court
building no. 10.
8.15 Approval of the Memorandum of Understanding(MOU)with Engineer's Guild creating a
Senior Systems Administrator position.
Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.15. 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.
10.1 Public Hearing to consider approval of the Ordinance setting the 2024 Planning Program Fee
Schedule. Staff: Marissa Watson(Exhibit A,Ordinance No.2024-042)
Kell Rowen,Community Development Director,proposes to update the fee schedule for the
planning side. Fees have not been updated since 2017, some services have been done for free
and will now be charged,other service fees have been reduced. This Ordinance would go into
effect after today.
Cmmr.Trask/Shutty moved and seconded to approve the Ordinance setting the 2024
21July 30 , 2024 Commission Minutes
Planning Program Fee Schedule as presented. Motion carried unanimously. N-aye; S-
aye; T-aye.
10.2 Public Hearing to consider approval of the Ordinance amending Mason County Code Title 17
Section 17.07.560 relating to increasing height limits. Staff.Kell Rowen(Exhibit B,
Ordinance No.2024-043)
Kell shared this amendment was brought forward from the Port of Shelton. A couple years
ago the height limits were increased in rural areas and the Shelton,Belfair, and Allyn Urban
Growth Areas(UGAs)with the exception of the Airport Industrial Zone given its unique
circumstances around Federal Aviation Administration(FAA)oversight. The current height
limit is 36'. The Port of Shelton worked with the FAA to increase the height limit to 45'. A
height limit above 45'would require special use permits. The Planning Advisory Commission
(PAC)unanimously approved the increase and staff recommends approval.
Cmmr. Shutty asked if the FAA would review special use permits. Kell answered that County
staff would rely on Port of Shelton to work with the FAA to ensure there is no conflicts.
Cmmr. Shutty/Trask moved and seconded to approve the Ordinance amending Title 17
Section 17.07.560 in regards to raising the height levels as shown in attachment A.
Motion carried unanimously. N-aye; S-aye; T-aye.
10.3
lmpr-evemei4 Distfiet No. 2024 01 to impfeve Shetland Read a-ad beeeme paA of the County
Read System. Staff-Mike Collins
This Public Hearing is scheduled for Tuesday,August 13,2024 at 9:15 a.m.
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 9:31 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty,Vice-Chair
Sharon Trask, Commissioner
31July 30 , 2024 Commission Minutes
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 51h St, Shelton, WA 98584
August 13, 2024
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance—Cmmr. Trask 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 off-site
tasting room for The Hardware Distillery Co.
4.1.2 United States Department of the Interior Bureau of Indian Affairs sent notice of
contiguous land-into-trust application for the Port Blakely Property consisting of 884.21
acres located in Mason County.
4.1.3 Office of the Mason County Treasurer submitted a report to the citizens for fiscal year
2023.
4.2 Loretta Swanson read the Transportation Improvement Program Citizens Advisory Panel
(TIP-CAP)Membership Opening news release.
4.3 Loretta Swanson read the Solid Waste Advisory Committee(SWAG)Membership Opening
news release.
4.4 Mark Neary presented Neil Jones with a Certificate of Appreciation.
5. Open Forum for Citizen Input
No citizen input.
6. Adoption of Agenda
Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried
unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr.Shutty/Trask moved and seconded to adopt the July 1,July 8,July 15,July 22,July 29,
and August 5,2024 Briefing Minutes;July 2 and July 16,2024 Regular Minutes; and July 8,
2024 Special Meeting 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#8106545-8106724 $1,331,945.91
Direct Deposit Fund $ -
Salary Clearing Fund $ -
Treasurer Electronic Remittance $ 408,234.06
8.2 Approval for the County Engineer to execute supplemental agreement no.2 increasing the on-
call structural engineering agreement with Sargent Engineers by an additional$50,000.
8.3 Approval for the County Administrator to sign the quote through Enterprise for a Ford Explorer
for Juvenile Probation for the estimated cost of$41,830.
8.4 Approval of the cross jurisdictional Memorandum of Understanding(MOU)regarding alert,
warning,and notifications sent through Federal Emergency Management Agency's(FEMA)
integrated public alert and warning system between Thurston County Emergency Management
and Mason County Emergency Management.
8.5 Approval to appoint Stacie Vaughan to the Pacific Mountain(PacMtn)Workforce Development
Board of Directors for a three-year term expiring June 30,2027.
8.6 Approval of the Shelton Family Center Consolidated Homeless Grant(CHG)contract
amendment for an additional$110,000.
8.7 Approval for Public Works to advertise, set bid opening dates and times, award contracts,and
approval for the Chair to sign all pertinent documents for the call for bids for routine paint line,
asphalt emulsion,and manufacturing and stockpiling of chip seal aggregate for the 2025
calendar year.
8.8 Approval for the County Engineer to procure and finalize all agreements for cultural resources,
structural engineering,geotechnical,and materials testing services as necessary for the 2025-
2026 calendar years with an option for the County Engineer to extend the agreements for an
additional year from the County MRSC Consultant Roster;the maximum expenditure for each
service agreement shall not exceed$200,000 per calendar year.
8.9 Approval of the county road closure on Little Egypt Road from Monday, September 9 to
Wednesday,October 16,2024 at approximately milepost 0.33 for the North Fork Goldsborough
Bridge rehabilitation project.
8.10 Approval of the letter designating the Applicant Agent and Alternate Applicant Agent for
Disaster 4775-DR-WA Severe Winter Storms.
8.11 Approval to rescind approval of the following 2023 Open Space application pursuant to the
recommendations of the County Assessor and Community Development: Douglas and Kelly
Palmer,parcel no. 12220-34-90340.
8.12 Approval of the letters to the Mason Conservation District and United States Army Corps of
Engineers regarding the Skokomish River Ecosystem Restoration and the intent to cease most
property acquisitions.
Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.12 with the
removal of item 8.5 for separate vote. Motion carried unanimously. N-aye; S-aye; T-aye.
Item 8.5
Cmmr.Trask/Neatherlin moved and seconded to appoint Stacie Vaughan to the Pacific
Mountain(PacMtn)Workforce Development Board of Directors for a three-year term expiring
June 30,2027. Motion carried unanimously. N-aye; S-abstain; 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.
10.1 Public Hearing to consider approval of a Resolution declaring tax parcel no. 32005-31-60070
as surplus and approval of its sale. Staff. Mike Collins(Exhibit A,Resolution No.2024-044)
Tina"Lovejoy"Schafer shared this parcel is a remnant of an old County Road Project(CRP)
for realignment on Johns Prairie Road. The request is to declare this parcel surplus and
approve a sale through sealed bid. The adjacent parcel owner and an HOA on Johns Creek
Road are both interested.
21August 13 , 2024 Commission Minutes
Cmmr. Shutty/Trask moved and seconded to declare the parcels listed in Exhibit A as
surplus property and authorize the property manager to offer all said property for sale
by sealed bid. Motion carried unanimously. N-aye; S-aye; T-aye.
10.2 Public Hearing to consider approval of an Ordinance amending the Department of Community
Development's fees for building permits and adopting the revised fee schedule. Staff: Todd
Cunningham(Exhibit B,Ordinance No.2024-045)
Todd Cunningham,Building Official, shared this took about a year to prepare and requested
approval of the revised fee schedule.
Cmmr.Trask/Shutty moved and seconded to adopt the Ordinance amending the
Department of Community Development's fees for building permits and adopting the
revised fee schedule. Motion carried unanimously. N-aye; S-aye; T-aye.
10.3 Public Hearing to consider approval of the Resolution finding the formation and construction
feasible for the Shetland Road Improvement District(RID)no.2024-01 and hereby approve
ordering the improvements and integrating this section of Shetland Road into the County road
system contingent upon the Determination of Nonsignificance(DNS)being issued on
Thursday,August 15,2024(Exhibit C,Resolution No.2024-046)
Lovejoy requested the Board adopt the Resolution finding the formation and construction
feasible for the Shetland Road Improvement District(RID)No.2024-01 hereby approving the
ordering of the improvements to integrate this section of Shetland Road into the County Road
System contingent upon the Determination of Nonsignificance(DNS)being issued on August
15,2024. Included in the packet is: cost estimate assessment methods, funding sources,public
input,compliance with statues,legal review,verification of adherence to legal requirements,
community impact, environmental consideration analysis of the project's efforts in both the
community and environment.
Loretta added that there was a preliminary petition circulated through the community and a
formal petition. Public Works assisted with providing facts and information that was mailed to
each property owner within the RID district boundary. This notice included what the property
boundaries were,what the proposed assessment is based on assumptions,the period of time for
the assessment,assumed interest rate,type of financing,and who will benefit from the road
improvements. Since this was initiated by a petition process,the property owners had until
yesterday at 5:00 p.m.to submit notice of any changes. No changes were received. There are
two tests that must be done: 1)find the majority of the property owners that front the road to
be improved are supportive and 2)find the majority of the property owners within the district
itself are supportive. Both tests passed. This RID cannot be formed today. The County must
wait for the State Environmental Policy Act(SEPA)determination on August 15,2024. Once
the SEPA determination is complete,the RID would be effective. This determination would
be an environmental assessment of if the County makes these RID improvements,what the
potential environmental impacts may be and how they would be mitigated.
Alana Hess's testimony and questions were read into record.
Cmmr. Shutty/Trask moved and seconded to approve the resolution finding the
formation and construction feasible for the Shetland Road Improvement District(RID)
No.2024-01 and hereby approves the ordering of the improvements and integrate this
section of Shetland Road into the county road system contingent upon the Determination
of Nonsignificance(DNS)being issued on August 15,2024. Motion carried unanimously.
N-aye; S-aye;T-aye.
3 August 13 , 2024 Commission Minutes
Loretta added that the next step is ensuring the County has the right-of-way dedication deeds.
4 of 13 have been received so far. When the SEPA determination is received,the chip seal
work can begin once the crew has time.
Mike Collins added that chip sealing may begin in September,weather approving.
Loretta continued that once chip sealing is complete,the actual costs will be tallied for the
final assessment roll. Another Public Hearing will be set to go through the final assessment
process.
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 9:58 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty,Vice-Chair
Sharon Trask, Commissioner
41August 13 , 2024 Commission Minutes
C
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Kayla Milam Ext. 380
Department: Support Services Briefing: ❑
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): September 09,2024 Agenda Date: September 10,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Approval of Warrants& Treasurer Electronic Remittances
Claims Clearing Fund Warrant#8107159-8107370 $ 1,999,501.00
Direct Deposit Fund Warrant# 109090-109503 $ 916,791.52
Salary Clearing Fund Warrant#7008336-7008361 $ 614,319.68
Treasurer Electronic Remittance $ 464,082.81
Macecom 8/2/2024 $ 166,613.20
Mental Health 8/9/2024 $ 1,469.47
Dispute Resolution Surcharge 8/9/2024 $ 1,030.00
2013 LTGO Bond B Principal 8/30/2024 $ --
2013 LTGO Bond B Interest 8/30/2024 $ --
2013 LTGO Bond B Admin Fees 8/30/2024 $ 550.00
LTGO REF BD '17 North Bay—Principal 8/30/2024 $ --
LTGO REF BD '17 North Bay—Interest 8/30/2024 $ --
LTGO REF BD '17 North Bay—Admin Fees 8/30/2024 $ 350.00
Mental Health Transfer Out 8/1/2024 $ 71,283.47
Therapeutic Courts 8/1/2024 $ 71,283.47
Current Expense 8/30/2024 $ 80.12
Road Div-Current Expense 8/30/2024 $ 8.62
Veterans Assistance 8/30/2024 $ 1.04
County Road 8/30/2024 $ 84.54
Mental Health 8/30/2024 $ 1.68
C
Mason County
Agenda Request Form
Y
At!
ARPA 8/22/2024 $ 75,000.00
Public Works—Rustlewood 8/22/2024 $ 75,000.00
Mason County Landfill(Brink's) 8/21/2024 $ 1,327.20
Background/Executive Summary:
The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing
Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a)requires that
the Board enter into the minutes of the County Commissioners the approval of claims listing warrant
numbers.
Claims Clearing YTD total $ 57,261,822.04
Direct Deposit YTD total $ 15,672,553.32
Salary Clearing YTD total $ 15,385,070.63
Treasurer Remittance YTD total $ 10,159,227.87
Requested Action:
Approval of the aforementioned Claims Clearing Fund,Direct Deposit Fund, Salary Clearing Fund, and
Treasurer Electronic Remittance warrants.
Attachments
Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board
PEON COU���
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners
From: Lisa Frazier Ext.484
Department: Treasurer's Office Briefing:
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26,2024 Agenda Date: September 10,2024
Internal Review: ® Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Cancellation of Outstanding Warrants
Background/Executive Summary:
RCW 39.56.040 states in part"... warrants not presented within one year of their issue, shall be cancelled
by passage of a resolution of the governing body". The County Auditor has completed its due diligence
and has provided the County Treasurer a list of outstanding warrants subject to cancellation pursuant to
law.
Budget Impact(amount, funding source,budget amendment):
Monies from the cancelled warrants will be deposited back to those County funds they were initially
expended from. The total amount is $17,649.01.
Public Outreach (news release,community meeting, etc.):
None.
Requested Action:
Approval of the Resolution cancelling outstanding warrants not presented within one year of their issue.
Attachments
Resolution
Exhibit A
j
RESOLUTION NO.
CANCELLATION
OF OUTSTANDING WARRANTS
WHEREAS, RCW 39.56.040 states in part................ warrants not presented within in one year of
their issue, shall be canceled by passage of a resolution of the governing body of the municipal
corporations, and upon such notice of passage of such resolution the auditor of the municipal
li corporation and the treasurer of the municipal corporation shall transfer all records of such warrants so
as to the funds as if such warrants had never been drawn.
WHEREAS, approval of such resolution will allow the auditor and/or treasurer of such municipal
corporation the authority to void the warrants as listed in Exhibit A and provide for in the process
- d b RCW
n s required adjusted cash balances to those funds for which the warrants were originally draw a q y
39.56,040.
WHEREAS the County Auditor' s Office has finished their due diligence efforts and provided the
Treasurer' s Office with an updated list of outstanding warrants to be voided.Such list has been
attached as Exhibit A.
,I
NOW THEREFORE, BE IT RESOLVED that the Board of Mason County Commissioners hereby
attached
r s Office to void the outstanding warrants asset out in ExhibitA,
authorize the County Auditor's _ g
�I .
pursuant to RCW 39.56.040.
i
Dated this dayof ?2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WAS H I N GTO N
McKenzie Smith, Clerk of the Board
Randy Neatherlin, Chair
APPROVED AS TO FORM:
11011
Kevin Shutty,Vice Chair
Tim hitehead, Chief Deputy Prosecuting
Attorney
Sharon Trask, Commissioner
cc:Auditor Finance,Treasurer' s Office
WARRANT# AMOUNT DATE WRITTEN PAYEE
8089242 $46.98 7/13/2022 NICHOLAS D PATTERSOfJ
8089182 $12.34 7/13/2022 10Y RAGAN
8089185 $25.21 7/13/2022 MELANIE RAGAN
8089186 $17.02 7/13/2022 OLIVIA LACY
8089510 $1,1992.00 7/19/2022 KARL A HACK ATTORNEY AT LAW
PLLC
8089522 $76.14 7/19/2022 LITWIN, MAX
8089787 $10.00 8/9/2022 ALICIA FALLING
8089916 $31.88 8/15/2022 BARBER, DAVID JOSEPH A
$089918 $11.64 8/15/2022 BEHAEDDIN, DAVID REZA
8089924 $11.64 8/15/2022 BUBEN, HUNTER LEE
8089925 $24.74 8/15/2022 BUTLER, CHRISTOPHER M
8089954 $11.52 8/15/2022 HANSEN,JAEDEN TYLER
8089957 $24.74 8/15/2022 HEILMAN, AUSTIN DOUGLAS
8089964 $32.58 8/15/2022 JANICEK, DALE PAUL
8089972 $12.22 8/15/2022 LORENZEN, DAVID AARON
8089976 $11.87 8/15/2022 MADDOX, HAYLEE JEAN
8089982 $19.83 8/15/2022 MAYES, DARREN ANDREW
8089984 $11.76 8/15/2022 MERRICK, ELIZABETH M
8090007 $10.23 8/15/2022 SANCHEZ, OCTAVIO AGUILAR
8090020 $22.87 8/15/2022 SULLIVAN, STEPHANIE MALYN
8090402 $937.50 8/30/2022 KITSAP SEPTIC PUMPING INC
8090522 $10.00 9/13/2022 Breanha Rhodes
8090688 $193.03 9/20/2022 CHARLES ROBERT CHAMBLIN
8090699 $60-00 9/20/2022 STEVEN SEELBACH
8090701 $1.,900.00 9/20/2022 TONYA SHERIE GLEN
8090811 $30.64 9/20/2022 KEVIN GUUOSA
8091058 $14.63 10/11/2022 BAKER, MEGAN CHRISTINE
8091063 $11.63 10/11/2022 CARNAHAN,DAMES DALE
8091069 $10.88 10/11/2022 DECKER, RUSSELL LEROY
8091089 $29.25 10/11/2022 LOWE,JESSICA SUZANNE
8091107 $35.13 10/11/2022 STROMBACH, KIMBERLY DAWN
8091112 $42.63 10/11/2022 WRIGHT, KRISTIAN LOGAN
8091284 $10.00 10/19/2022 DYNISHKA JOHNSTON
8091286 $10.00 10/19/2022 TIFAIMOANA JOHNSTON
8091494 $10.00 10/19/2022 MCGRATH,SCOTT
8091492 $28.69 10/19/2022 HINZ,JEFFREY S
8091493 $310.00 10/19/2022 MCGRATH,SCOTT
8091294 $16.00 10/19/2022 AMUNDSON,AUSTIN ASHBY
8091297 $22.38 10/19/2022 BACHMAN,AZARIAH KENNETH
8091302 $19.50 10/19/2022 BASHAW, KATIE ANN
8091305 $14.63 10/19/2022 BENEK,CAROL FELICE
8091324 $37.63 10/19/2022 CASANOVA,ADAM JACOB
8091334 $11.00 10/19/2022 DEPOE, DEE A
8091337 $24.38 10/19/2022 DONALD,ANDREA MAUREEN
8091342 $36.63 10/19/2022 DURBIN, ERIC MICHEAL
8091344 $25.88 10/19/2022 EASTLICK, MELISSA ANN
8091356 $27.50 10/19/2022 GARCIA, LUIS
8091362 $34.00 10/19/2022 GORSUCH, SANDRA DENISE
8091371 $19.25 10/19/2022 HERETH,JORDAIV SYLVIA
8091387 $12.38 10/19/2022 KEY,SCOTT ANDREW
8091407 $51.13 10/19/2022 MERSMANN, KRISTY LANE
8091423 $11.38 10/19/2022 OZGA, STACEY J
8091435 $26-00 10/19/2022 PUNIN,JOSHUAJASOfV
8091458 $32.25 10/19/2022 STEVENS,ALEXIS MARIE
8091461 $25.25 10/19/2022 STOUT,WAYNE WILLIAM
8091468 $11.13 10/19/2022 TRIBBLE,JOSHUA FRANCIS
8091470 $11-00 10/19/2022 VAN GUNDY, ROBERTJ
8091473 $19.13 10/19/2022 VOS,ANGELA MARIE
8091765 $203.98 11/2/2022 11M'S AUTOMOTIVE INC
8091836 $344.28 11/2/2022 TIRSA BUTLER
8092006 $20.00 11/15/2022 BAIS-GEORGE, KEANU
8092009 $15.00 11/15/2022 BARTON,JOHN CHARLES
8092011 $21.25 11/15/2022 BATES, MIKE EUGENE
8092027 $12.50 11/15/2022 BURK, CASSANDRA PE'LINE
8092029 $78.75 11/15/2022 CAMPBELL,JOSEPH F
8092037 $18.75 11/15/2022 DAMEROW, MORGAN B
8092042 $26.25 11/15/2022 ELLIOTT, MICHAEL K
8092047 $52.50 11/15/2022 FLANIG, BENJAMIN FRANKLIN
8092055 $12.50 11/15/2022 GRACE, HEIDI RENEE
8092079 $12.50 11/15/2022 LAMB,JASON
8092084 $33.75 11/15/2022 LONG, KURTIS DORREL
8092097 $37.50 11/15/2022 MURRAY, CALEB MICHAEL
8092118 $35.00 11/15/2022 REESH, SCARLETT NICOLE
8092119 $36.25 11/15/2022 REILLY,THERESE ANNE
8092124 $47.50 11/15/2022 RUFF-ROBERTS, SIAN EVELYN
8092127 $52.50 11/15/2022 SAWICKI, ROGER ANTHONY
8092128 $37.00 11/15/2022 SCHILTZ, MICHAEL DAVID
8092131 $12.50 11/15/2022 SEXTON, FAITH E
8092137 $22.63 11/15/2022 SIMS, NICOLE E
8092138 $86.25 11/15/2022 SKELLY, BRIAN P
$092150 $12.50 11/15/2022 TANGEN,ARLIN DENNIS
8092152 $32.50 11/15/2022 TAYLOR,JASPER DURWOOD
8092153 $47.25 11/15/2022 THATCHER, EDIRAE MARIE
8092156 $12.50 11/15/2022 TRIBBLE, MEGAN EMILY
8092169 $20.00 11/15/2022 WRIGHT, RAECHEL AMANDA
8092263 $13.21 11/15/2022 REBECCA SHIPMAN
8092442 $350.00 11/22/2022 NORTH MASON RESOURCES
8092489 $150.52 11/29/2022 FARMER PIES INC
8092897 $15.00 12/20/2022 EBERT, SYLVIA M
8092905 $35.00 12/20/2022 GALUSHA, MALIA TABITHA
8092912 $180.00 12/20/2022 HACHTEL, BRET STEVEN
8092913 $35.25 12/20/2022 HAKALA, DAVID ALTON
8092948 $26.25 12/20/2022 RETALLICK,JACK MARTY
8092965 $20.00 12/20/2022 STEVENS, KAREN MARIE
8092994 $126.79 12/20/2022 FARMER PIES INC
8093277 $41-00 1/9/2023 BARNETT, ELIZABETH 6
8093290 $12.50 1/9/2023 CONSTANT, DAVID ALAN
8093322 $15.00 1/9/2023 HUNTER,JACOB ELIAS
8093340 $26.25 1/9/2023 MACK, SANDRA KATHRINE
8093362 $30.00 1/9/2023 PRATT, PAUL WILLIAM
8093370 $12.50 1/9/2023 RUSSO, KAITLYN MARIE
8093382 $20.00 1/9/2023 STITZEL, CAROLYN LEE
8093384 $23.75 1/9/2023 TALBOTT, MAXIMILLIAN JAMES
8093781 $3,405.30 1/25/2023 RIVERS OF GRACE
8093845 $14.00 1/30/2023 MEGAN BRENNAN
8093846 $10.00 1/30/2023 MICHAEL MAGE
8094303 $15.00 2/24/2023 ANDERSON, CHAROLETTE LYNN
8094316 $26.25 2/24/2023 BEYREIS,ANGELA DUNE
$094319 $22-13 2/24/2023 BLACKWELL, RICHARD L
8094359 $13.75 2/24/2023 DUNNE,IACK KELLY
8094415 $25.00 2/24/2023 JOSEPH,AARON DANIEL
8094426 $218.75 2/24/2023 KRUSE, MEG LAUREN
8094433 $23.75 2/24/2023 CARBON,ALEXANDER THOMAS
8094442 $56.25 2/24/2023 LOCH, MICHAEL ANDREW
8094454 $85.00 2/24/2023 MASTEL-GOLDBERG, zANE ALEX
8094469 $51.25 2/24/2023 MORROW,THOMAS GERALD
8094479 $47.50 2/24/2023 OLSON, DAVID L
8094482 $101.25 2/24/2023 PARKER, MARY EILEEN
8094485 $18.75 2/24/2023 PENSE, BRADLEY ALLEN
8094504 $15.00 2/24/2023 SANCHELLI, DIANE
8094555 $20.00 2/24/2023 YARBOUR,TRISTAN MITCHELL
8094742 $20.57 3/7/2023 COGNITO LLC
8094811 $28.75 3/13/2023 ACOSTA, CHRISTINE MARIE
8094813 $16.25 3/13/2023 ANDERSON, CHANTAY
8094815 $22.50 3/13/2023 BAKER, LILY MONTANA
8094818 $50.00 3/13/2023 BEGUIN, CHRISTOPHER GENE
8094823 $17.88 3/13/2023 CARTER, NICHOLAS RILEY
8094847 $32.50 3/13/2023 KRONYAK, DANIELJOHN
8094856 $11.25 3/13/2023 MULLINS, SARAH MARIE
8094858 $12.50 3/13/2023 PEEK, PATRICK ALLEN
8094862 $43.88 3/13/2023 RIDGE,JACK H
8094864 $13.75 3/13/2023 ROBERTSON, STEVEN PAUL
8094867 $52.50 3/13/2023 SHERMAN, BUDDY LEE
8094868 $90.00 3/13/2023 SKAGGS,IOHN BARRY
8094874 $27.50 3/13/2023 STURMAN, MARY KATHLEEN
8094885 $21.25 3/13/2023 WOOD, CONNIE JEAN
8094892 $20.00 3/14/2023 DOMINGO MIGUEL TERCERO
8094893 $107.50 3/14/2023 JOSEFA TERCERO ZACARIAS
8095632 $20.00 4/14/2023 CLARK, ERIC DOUGIAS
8095642 $36.25 4/14/2023 DAVIS, IZAIAH LEE
8095643 $13.00 4/14/2023 DEVAUGHN, AIMEE ELIZABETH
8095644 $67.50 4/14/2023 DIMATTEO,SARAN MICHELE
8095648 $33.63 4/14/2023 DRANCHAK, PATRICK MICHAEL
$095658 $15-00 4/14/2023 FAW, GREGORY SCOTT
8095677 $16.25 4/14/2023 HAMILTON, HAVEN MARIE
8095685 $32-50 4/14/2023 HUDDLESTON, MEGAN ELIZABET
8095704 $35-00 4/14/2023 MARKLE, REBEKAH CATHLEEN M
8095706 $42.25 4/14/2023 MATTHEWS,JOSHUA ALLEN
8095713 $43.75 4/14/2023 MOHR, KATHLEEN THERESE
8095731 $12.50 4/14/2023 NUXOLL,JEFFERY RYAN
8095732 $35.00 4/14/2023 OIEN, MICHELE MARIE
8095741 $33.75 4/14/2023 RIEBLI,JOHN ALFRED
8095758 $16.38 4/14/2023 SHILEY, MARK ALAN
8095764 $37.50 4/14/2023 ST LOUIS,TRYSTIN TAI
8095767 $23.75 4/14/2023 SUKO,JASON WILLIAM
8095784 $28.75 4/14/2023 WILKINS, FLORENCE JEAN
8095786 $17.50 4/14/2023 WINDOM, BRENDA JEAN
8095966 $168.85 4/25/2023 CHARLES TAYLOR
8095968 $277.84 4/25/2023 CARLOS RANGEL
8096031 $50.00 5/2/2023 CONNIE ROGERS
8096032 $29.57 5/2/2023 CRAIG M. FIRTH
8096038 $2,149.11 5/2/2023 JACOBB HODGSON
8096039 $270.54 5/2/2023 DAMES WEBER
8096046 $7.27 5/2/2023 MATTHEW AULD
8096048 $50.00 5/2/2023 SCOTf M.STEVENS
8096729 $34.00 6/1/2023 REBECCA SHIPMAN
8096730 $20.00 6/2/2023 ALCANTRA, ANDREW CHARLES
8096738 $45.00 6/2/2023 BLATCHLEY, KYLE JAMES
8096750 $17.50 6/2/2023 DAVISON, KYSSA KRISTINE
8096756 $36.25 6/2/2023 EDWARDS, MATTHEW ELWIN
8096830 $23.75 6/5/2023 FORE,IEFFREY MICHAEL
8096853 $22.50 6/5/2023 MAZZARI, MATTHEW JAMES
8096872 $43.75 6/5/2023 QUIGLEY,JOEL DONOVON
8096879 $22.50 6/5/2023 SHAW, LOGAN MAURICE
8096882 $26.25 6/5/2023 SMITH,SHAUN WILLIAM
8096901 $10.00 6/7/2023 TONI FOLEY
$179649.01 TOTAL FOR 631.000000.000.000
PSON Co1j,
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners
From: Todd Cannon Ext. 501
Department: Information Technology Briefing:
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26,2024 Agenda Date: September 10,2024
Internal Review: ❑ Finance ❑ Human Resources ® Legal ® Information Technology ❑ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Mason County Vendor Data Access Agreement
Background/Executive Summary:
Purpose: The Data Access Agreement is designed to protect Mason County's data and systems when shared
with or accessed by external vendors. It outlines the responsibilities and liabilities of vendors who have access
to our data,ensuring they comply with our security standards.
Key Points:
Liability: Clearly defines the vendor's responsibility in case of data breaches or security incidents.
Breach Notification: Establishes the requirement for vendors to promptly notify us in the event of any
data breach or unauthorized access.
Compliance:Ensures that vendors follow all applicable laws and regulations related to data protection
and privacy.
The agreement is intended to safeguard our systems and data while maintaining a clear understanding of
vendor obligations.
Budget Impact(amount,funding source,budget amendment):
N/A
Public Outreach (news release,community meeting, etc.):
N/A
Requested Action:
Approval of the Mason County Vendor Data Access agreement.
Attachments
Agreement
Mason County Vendor Data Access Agreement
1. Introduction
This Vendor Data Access Agreement ("Agreement") is entered into by and between
Mason County ("County") and ("Vendor") as of
. The purpose of this Agreement is to establish the terms and conditions under which
the Vendor is granted access to the County's systems and data for the provision of
("Service").
2. Definitions
• Confidential Information: Any data or information, whether in written, oral,
electronic, or other form, that is proprietary or confidential to the County and is
disclosed to the Vendor in connection with the Service.
• County Data: All data provided by the County to the Vendor or to which the Vendor
has access in connection with the Service, including, but not limited to, personal
data, sensitive data, financial data, and operational data.
• Data Breach: A security incident in which there is unauthorized access to or
disclosure of County Data, whether such data is in transit, at rest, or in processing.
3. Grant of Access
The County grants the Vendor limited, non-transferable, and non-exclusive access to its
systems and County Data solely for the purpose of providing the Service, subject to the terms
and conditions of this Agreement.
4. Vendor Responsibilities
The Vendor shall:
4.1. Access and Use of County Data: Access and use County Data solely for the purpose
of providing the Service and in strict compliance with the terms of this Agreement.
4.2. Security Measures: Implement and maintain appropriate administrative, physical,
and technical safeguards to protect the security, confidentiality, and integrity of County
Data, consistent with industry standards and applicable laws and regulations.
4.3. Personnel Access: Ensure that only authorized personnel who have a legitimate
need to access County Data for the performance of the Service are granted such access.
Vendor shall require such personnel to comply with the terms of this Agreement.
4.4. Compliance with Laws: Comply with all applicable federal, state, and local laws,
regulations, and guidelines relating to data protection, privacy, and security.
5. Data Breach Notification and Response
5.1. Notification: In the event of a Data Breach, the Vendor shall notify the County in
writing without undue delay, and in any event, no later than 24 hours after becoming
aware of the breach.
5.2. Content of Notification: The notification shall include, at a minimum:
• The nature of the Data Breach, including the categories and approximate number
of individuals and data records concerned.
• The likely consequences of the Data Breach.
• The measures taken or proposed to be taken by the Vendor to address the Data
Breach and to mitigate its possible adverse effects.
5.3. Mitigation and Remediation: The Vendor shall promptly take all necessary and
appropriate actions to contain, mitigate, and remedy the effects of the Data Breach,
including cooperating fully with the County in investigating the breach and preventing its
recurrence.
6. Liability and Indemnification
6.1. Vendor Liability: The Vendor shall be liable for any damages, losses, or expenses
(including reasonable attorney's fees) incurred by the County as a result of any Data
Breach caused by the Vendor's failure to comply with the terms of this Agreement,
including but not limited to:
• Unauthorized access, use, or disclosure of County Data.
• Failure to promptly notify the County of a Data Breach.
• Failure to implement or maintain adequate security measures.
6.2. Indemnification: The Vendor shall indemnify, defend, and hold harmless the County,
its officers, employees, and agents from and against any and all claims, damages, losses,
and expenses (including reasonable attorney's fees) arising out of or in connection with:
0 Any breach of this Agreement by the Vendor.
• Any negligent, reckless, or intentional act or omission by the Vendor in the
performance of its obligations under this Agreement.
6.3. Limitation of Liability: Except as otherwise provided in this Agreement, in no event
shall either party be liable to the other for any indirect, incidental, special,
consequential, or punitive damages, including but not limited to loss of profits, business
interruption, or loss of data, arising out of or in connection with this Agreement, even if
advised of the possibility of such damages.
7. Termination
7.1. Termination for Cause: The County may terminate this Agreement immediately
upon written notice to the Vendor if the Vendor breaches any of its obligations under
this Agreement.
7.2. Effect of Termination: Upon termination of this Agreement, the Vendor shall
immediately cease all access to County systems and return or securely destroy all County
Data in its possession, custody, or control, in accordance with the County's instructions.
8. Miscellaneous
8.1. Amendments: This Agreement may only be amended by a written agreement
signed by both parties.
8.2. Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington, without regard to its conflict of laws principles.
8.3. Entire Agreement: This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, understandings, or representations, whether written or
oral.
8.4. Severability: If any provision of this Agreement is held to be invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
9. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
Mason County
Signature: _
Name:
Title:
Date:
Authorized Signatory
Vendor Name:
Signature: _
Name:
Title:
Date:
PSON Co1j,
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners
From: Todd Cannon Ext. 501
Department: Information Technology Briefing:
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26,2024 Agenda Date: September 10,2024
Internal Review: ❑ Finance ❑ Human Resources ® Legal ® Information Technology ❑ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
IT Incident Response Policy
Background/Executive Summary:
Purpose: The IT Incident Response Policy for Mason County outlines the responsibilities and procedures for
responding to security threats that may compromise the confidentiality, integrity,or availability of IT
resources.It aims to protect the county's information systems by ensuring a coordinated and effective response
to any security incidents.
Policy Overview:
1. Computer Emergency Response:
a. IT-CERT Formation:An IT Computer Emergency Response Team(IT-CERT)will be
established,led by the IT-CERT Person in Charge(IT-CERT-PIC).
b. Team Composition: IT-CERT will include representatives from various departments such as
Risk,Legal,and Central Services.
c. Responsibilities: The IT-CERT will handle the communication of security information,
identification of risks,and coordination of responses to mitigate or eliminate threats.
d. Designated Emergency Contacts(DECs):A list of DECs from all departments will be
maintained for effective communication and coordination during incidents.
2. Departmental Response Plans:
a. DCERP Development: Each department is required to create a Departmental Computer
Emergency Response Plan(DCERP)led by their DEC.This plan will guide the department's
response to IT security threats.
b. Incident Response Procedures:Departments must establish procedures for incident handling,
reporting,communication with external parties,team structuring, and determining service
capabilities during incidents.
c. Notification Process:Departments must ensure timely notification to the IT-CERT and
internal management when incidents occur.
d. Corrective Actions: Both IT-CERT and DECs are responsible for taking corrective actions to
remediate incidents and preserve evidence for potential legal actions.
Supporting Tools: To assist in the implementation of this policy,a checklist and standardized form will be
provided to all departments. These tools will help in the creation of tailored Departmental Computer
Emergency Response Plans,ensuring that every department is prepared to effectively contribute to the overall
incident response strategy of the county.
Budget Impact(amount,funding source,budget amendment):
N/A
Public Outreach (news release,community meeting, etc.):
N/A
Requested Action:
Approval of the Mason County IT Incident Response Policy.
Attachments
Policy
IT Incident Response Policy
PURPOSE
The purpose of this policy is to define Mason County's responsibility in responding to
security threats affecting the confidentiality, integrity, and/or availability of information
technology (IT) resources.
POLICY
This policy is applicable to all departments and all information systems.
1 . COMPUTER EMERGENCY RESPONSE
a. An I.T. Computer Emergency Response Team (IT-CERT) shall be
established. The IT-CERT shall be led by the IT-CERT Person in Charge (IT-
CERT-PIC).
b. The IT-CERT shall consist of representatives from multiple departments,
including but not limited to, Risk, Legal and Central services.
c. The IT-CERT shall communicate security information, guidelines for
notification processes, identify potential security risks, and coordinate
responses to thwart, mitigate, or eliminate security threats to IT resources.
d. The IT-Cert shall establish a list of Designated Emergency Contacts (DEC's)
from all departments as well as any other entity that may be affected.
2. DEPARTMENTAL COMPUTER EMERGENCY RESPONSE
a. Each department shall establish a Departmental Computer Emergency
Response Plan (DCERP) that is led by the (DEC) and has the responsibility
for responding to and/or coordinating the response to security threats to IT
resources.
b. Each department shall establish and implement Departmental Computer
Emergency Response Procedures that consist of the following, at minimum:
i. Developing procedures for performing incident handling and reporting.
ii. Setting guidelines for communicating with outside parties regarding
incidents.
iii. Selecting a team structure and staffing mode.
iv. Determining what services the department is still capable of providing.
c. The DEC shall inform the IT-CERT, as early as possible, of security threats to
IT resources.
d. Each department shall develop a notification process, to ensure management
notification within the department and to the IT-CERT, in response to IT
security incidents.
e. The IT-CERT and Dec's have the responsibility to take necessary corrective
action to remediate IT security incidents. Such action shall include all
necessary steps to preserve evidence in order to facilitate the discovery,
investigation, and prosecution of crimes against IT resources.
f. Each department shall maintain current contact information for all personnel
who are important for the response to security threats to IT resources and/or
the remediation of IT security incidents.
g. In instances where violation of any law may have occurred, proper
notifications shall be made in accordance with IT policies. All necessary
action shall be taken to preserve evidence and facilitate the administration of
justice.
IT Incident Check List
Initial Incident Handling Checklist Y/N Comments
A. Detection and Analysis
1. Determine whether an incident has occurred.
a. Analyze the precursors and indications.
b. Look for correlating information.
c. Perform research(e.g.,search engines,knowledge base).
d. As soon as the handler believes an incident has occurred, begin
documenting the investigation and gathering evidence.
2. Classify the incident using the following categories: denial of service,
malicious code, unauthorized access, inappropriate usage, multiple
component.
3. Determine if activation of the IT-CERT is needed
B. Detection and Analysis
1. Prioritize handling the incident based on the business impact.
a. Identify which resources have been affected and forecast which
resources will be affected.
b. Estimate the current and potential technical effect of the incident.
2. Report the incident to the Designated Emergency Contacts and advise
of the expected impact to county function.
C.Containment,Eradication,and Recovery
1. Acquire,preserve,secure,and document evidence.
2. Contain the incident.
3. Eradicate the incident.
a. Identify and mitigate all vulnerabilities that were exploited.
b. Remove malicious code, inappropriate materials, and other
components.
4. Recover from the incident.
a. Return affected systems to an operationally ready state.
b. Confirm that the affected systems are functioning normally.
c. If necessary, implement additional monitoring to look for future
related activity.
D.Post-Incident Activity
1. Create a follow-up report.
2. Hold a"lessons learned"meeting.
C
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Becky Rogers Ext. 268
Department: Human Resources Briefing: ❑X
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26,2024 Agenda Date: September 10,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Board of Equalization Application from Katherine McLean
Background/Executive Summary:
The Board of Equalization(BOE)is a three-member board appointed by the Board of Commissioners. One
alternate member may also be selected. The BOE's responsibility is to ensure that all property valuations are
at 100%of market value so that equitable tax assessment can be established.
Taxpayers may appeal their assessments, including assessments of real and personal property, forest land,
timber,and open space. The Board also considers denial of senior citizen property tax exemptions. Taxpayers
can file a petition with the Board of Equalization and a Hearing will be scheduled to present their appeal of
their assessment.
Budget Impact(amount, funding source,budget amendment):
N/A
Public Outreach (news release,community meeting, etc.):
News Release
Requested Action:
Approval to appoint Katherine Diane McLean to the Board of Equalization for an unexpired term ending May
31,2026.
Attachments
Application
Entry#: 4 - Board of Equalization (BOE) Status: Submitted Submitted: 8/20/2024 4:06 PM
#1.4
Advisory Board Name:
Board of Equalization (BOE)
Name: Today's Date:
Katherine Diane McLean 8/20/2024
Address
Voting Precinct: Phone Email
(
Community Service: Employment:
Area Agency on Aging Advisory Committee 2021-2023 Managing Member, 65th Parallel, LLC 1985-2023
League of Women Voters Director, Intellectual Property& Licensing, University of
Alaska,1997-2010
Program Manager for the Vice Chancellor for Research,
University of Alaska Fairbanks, 1984-1989
What do you perceive is the role or purpose of this advisory board?
The Board of Equalization is tasked with equalizing county property by raising or lowering the valuation of taxable real property
within the county so that each taxable property is assessed at its true and fair value.The goal of the BoE is to impartially and
fairly determine the taxable value of county properties according to measurement criteria used by the county assessor with the
assessment year.
What interest or skills do you wish to offer this advisory board?
Experience managing projects valued in excess of$50 million.
Experience valuating intellectual properties for the commercial market.
List any financial, professional, or voluntary affiliations that could create a potential conflict of interest:
No
Required Training: Yes or No:
Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA) Yes
and Public Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings?
How much time can you commit to Are you a U.S. citizen and *For Civil Service applications ONLY,what
this advisory board: Mason County resident? is your political party?
Weekly Yes
C
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Jennifer Beierle Ext. 532
Department: Support Services Briefing: ❑X
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26,2024 Agenda Date: September 10,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item•
Interagency Blake Reimbursement Agreement between WA State Administrative Office of the Courts and
Mason County
Background/Executive Summary:
In 2021,the Administrative Office of the Courts(AOC)drafted agreements with all counties in
Washington State for the purpose of reimbursing Counties for extraordinary costs of resentencing and
vacating sentences under Blake and for the cost of refunding legal financial obligations (LFOs)under the
Blake decision. AOC has now updated the agreements for the period of July 1,2024,through June 30,
2025.
Budget Impact(amount, funding source,budget amendment):
AOC shall reimburse Mason County up to a maximum of$544,400 for the extraordinary judicial,
prosecutorial, and/or defense-related costs of resentencing and vacating the sentences of individuals
whose convictions and/or sentences are affected by the Blake decision.
Public Outreach (news release,community meeting, etc.):
N/A
Requested Action:
Approval for the Chair to sign the Blake Reimbursement Agreement with the WA State Administrative
Office of the Courts(AOC)and Mason County
Attachments
Draft AOC Agreement
Docusign Envelope ID:37D9B42A-E9C2-467E-949A-8F3A6AC9828D
INTERAGENCY REIMBURSEMENT AGREEMENT - IAA25188
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
MASON COUNTY
This Interagency Reimbursement Agreement ("Agreement") is entered into by and
between Washington State Administrative Office of the Courts ("AOC") and
Mason County ("Jurisdiction") to reimburse extraordinary costs of resentencing
and vacating sentences as required by State v. Blake ("Blake'). AOC and Jurisdiction will
be known individually as Party and collectively as Parties.
I. PURPOSE
The purpose of this Agreement is to reimburse the extraordinary judicial, prosecutorial,
clerk, court administration and/or defense-related costs of resentencing and vacating the
sentences of individuals whose convictions or sentences are affected by the Blake
decision. For Municipalities and Counties, this will include language Engrossed Substitute
Senate Bill 5187, Section 114(3) passed by the 2023 Legislature, which includes simple
drug possession, to include cannabis and possession of paraphernalia.
II. REIMBURSEMENT
A. Extraordinary Expenses Reimbursement. AOC shall reimburse Jurisdiction up to
a maximum of $544,400 for the extraordinary judicial, clerk, court
administration, prosecutorial, and/or defense-related costs of resentencing and
vacating the sentences of individuals whose convictions and/or sentences are
affected by the Blake decision. For Municipalities this will include language from
the Engrossed Substitute Senate Bill 5187, Section 114(13), passed by the 2023
Legislature, which includes simple drug possession to include cannabis and
possession of paraphernalia.
To be eligible for reimbursement, the Costs must be incurred between July 1, 2024
and June 30, 2025. AOC will not reimburse Jurisdiction Costs incurred after June
30, 2025. AOC may, at its sole discretion, deny reimbursement requests in excess
of the amount awarded. If additional funding is or becomes available for these
purposes, AOC and Jurisdiction may mutually agree to increase the amount
awarded under this Agreement.
B. General. AOC shall reimburse Jurisdiction for approved and completed
reimbursements by warrant or electronic funds transfer within 30 days of receiving
a properly completed A-19 invoice and the necessary backup documentation.
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III. PERIOD OF PERFORMANCE
Performance under this Agreement begins on July 1, 2024, regardless of date of
execution, and ends on June 30, 2025. The period of performance maybe amended
by mutual agreement of the Parties.
IV. TERMS OF REIMBURSEMENT
A. Jurisdiction shall electronically submit, once per month, it's A-19 invoices to
payables ,courts.wa.gov.
B. Jurisdiction's A-19 invoices must include:
1. Payment documents from Jurisdiction indicating the amounts expended, the
recipients, and the date of expenditure;
2. A list of any case numbers associated with the services provided;
3. A breakdown of expenses by judicial, clerk/court administration, prosecutorial,
and defense-related costs;
4. Any employee positions supported by Blake related funds, broken down by
judicial, clerk/court administration, prosecutorial, and defense-related
positions, including name of employee, title, hourly wage of the individual, time
spent on Blake-related cases and a list of corresponding cause numbers;
5. The unique three-digit court code for the Jurisdiction the work was completed
on behalf of must be provided on the A-19. If a Jurisdiction contracts with
another jurisdiction to provide court services, then the unique court code for
the jurisdiction for which the work was completed must be provided; and,
6. Data, including case numbers and aggregate data on the number and type of
cases:
a. Vacated under Blake;
b. Resentenced under Blake; and
c. Being worked on under Blake.
V. REVENUE SHARING
A. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the
Jurisdiction no later than May 1, 2025 that AOC intends to reallocate funding
among courts in the program and/or to support the Supreme Court's directive for
an AOC case vacating team. If AOC determines the Jurisdiction may not spend
all monies available under the Agreement or if Jurisdiction declines and/or elects
not to participate in the vacating of Blake eligible cases, AOC may reduce the
Agreement amount as mentioned above. If AOC determines the Jurisdiction may
spend more monies than available under the Agreement and for its scope, AOC
may increase the Agreement amount.
B. If the AOC initiates revenue sharing, then the Jurisdiction must submit the final
revenue sharing A-19 to payables(a)courts.wa.gov between July 12, 2025 and
August 1, 2025.
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VI. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the Parties. Such amendments are
not binding unless they are in writing and signed by personnel authorized to bind each of
the Parties.
VII. GOVERNANCE
A. This Agreement is entered into pursuant to and under the authority granted by the
laws of the state of Washington and any applicable federal laws. The provisions
of this Agreement must be construed to conform to those laws.
B. In the event of an inconsistency in the terms of this Agreement, or between its
terms and any applicable statute or rule, the inconsistency will be resolved by
giving precedence in the following order:
1 . Applicable state and federal statutes and rules;
2. This Agreement; and then
3. Any other provisions of the Agreement, including materials incorporated by
reference.
VIII. WAIVER
A failure by either Party to exercise its rights under this Agreement does not preclude that
Party from subsequent exercise of such rights and is not a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized
representative of the Party and attached to the original Agreement.
IX. SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference is held invalid, such invalidity does not affect the other provisions of this
Agreement that can be given effect without the invalid provision and to this end the
provisions of this Agreement are declared to be severable.
X. AGREEMENT MANAGEMENT
The Program Managers/Point of Contacts noted below are responsible for and are the
contact people for all communications and billings regarding the performance of this
Agreement:
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AOC Program Manager Jurisdiction Program Manager/
Point of Contact
Sharon Fogo
Charles Rhodes
Blake Implementation Manager County Clerk
PO Box 41170 Po Box 340
Olympia, WA 98504-1170 Shelton, WA 98584-0078
crhodes@masoncountywa.gov
Sharon.Fogo(aD_courts.wa.gov
360-427-9670 ext 346
(360) 819-7305
XI. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the Parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement
are considered to exist or to bind any of the Parties to this agreement unless otherwise
stated in this Agreement.
AGREED:
Washington State Administrative Jurisdiction
Office of the Courts
Signature Date Signature Date
Christopher Stanley, CGFM Randy Neatherlin
Name Name
Chief Financial and Management
Officer Commissioner chair
Title Title
IAA25188 Page 4 of 4
C
A
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Mike Collins,PLS,PE, County Engineer Ext.450
Department: Public Works Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): August 26, 2024 Agenda Date: September 10, 2024
Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board's Use Only:
Item Number:
Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken
Ordinance/Resolution No. Contract No. County Code:
Item:
Private Line Occupancy Permit—Mary Ruth Mann
Background/Executive Summary:
Ms. Mary Ruth Mann has applied for a Private Line Occupancy Permit in order to install an
electric and waterline along the road at: 16621 NE North Shore Road.
Budget Impact (amount, funding source, budget amendment):
An application fee of$200 has been paid to process the proposed Private Line Occupancy
Permit.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Recommend the Board approve Mary Ruth Mann's Private Line Occupancy Permit granting
permission for the electric and waterlines along the North Shore Road serving parcel numbers
32220-50-03003 and 32220-50-03004.
Attachments:
1. PLO (Page A-4, Area Map)
IN THE MATTER OF THE APPLICATION OF Mary Ruth Mann
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,
AND MAINTAIN Waterline and electrical line ALONG AND UNDER
North Shore Road A COUNTY MAINTAINED ROAD LOCATED IN MASON
COUNTY, WASHINGTON
Application of Mary Ruth Mann with principal residence located at
1425 Western Ave#113, Seattle,WA 98101,by and through Mary Ruth Mann, for a private
line utility occupancy permit to construct,operate and maintain a private waterline under county
roads and highways in Mason County,Washington, as set forth in attached Exhibit"A",having
come before the County Commissioners of Mason County, Washington during a regularly
scheduled public meeting, on the day of ,20_, and that it is in the public
interest to allow the private line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the "Permittee", for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein and terminating as provided herein.
1. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer(the "Manual"), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re-codified from time to time.
IL GRANT
The County of Mason(hereafter the "County") hereby grants to the Permittee a non-exclusive
private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s):Provide water distribution from, and power to, a well
serving tax parcels: 32220-50-03003 & 32220-50-03004.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County's police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as (a)private line(s) or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the "Work"), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the "map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
2
G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right-of-
way.
The location,alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property,the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that,with regard to Work within the road rights-of-
way:
A. All of Permittee's utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws, rules, regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
exhibit depicting the existing or proposed location of the utility facility in relation to the road,
3
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and
structures, located therein,nor with the grading or improvements of such County roads,rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee's utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way;may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County,or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist, the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
4
H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the
work being performed; (2) where it is being performed; (3) its estimated completion date; and
(4)progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability, and expense whatsoever(including,without limitation, attorney's fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor, agents and/or employees,that cause or in any way or degree contribute to(1) any
damage to or destruction of any such facilities by Permittee,and/or its contractor, agents and/or
employees, on the County's property, (2) any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of
service, by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required,unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused,created by or attributable to the presence,
construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights-
of-way.
5
N. If,during any Work,Permittee or its agents discover scientific or historic artifacts,Permittee
or its agents shall immediately notify the County of said discovery and shall protect such
artifacts in a manner as specified by the County. Any such artifact shall be the property of the
County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches
and tunnels are left open at night,the Permittee shall place warning lights,barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VIL POLICE POWERS
The County,in granting this Permit,does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall,by a time specified by the County,protect, support,temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
6
Permittee acknowledges and understands that any delay by Permittee in performing the above
described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage
to the County, including but not limited to, delay claims. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County's annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee's utility
facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice, and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person,the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee's service, or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee's utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection,removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same.
7
The County of Mason will accept liability for direct and actual damages to said Permittee that
are the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited
to physical damage to properly installed and located infrastructure of the Permittee and the cost
to repair such physical damage. Mason County retains the right to assert all applicable defenses
in the event of a dispute including contributory_negligence on the part_of the Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee's Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by
the County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of
the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property
so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee
by reason of such termination. It has been the practice of Mason County to reserve easements
for utilities at the time of road vacation, and will continue to be the practice until such time the
Board of Mason County Commissioners direct a change of practice.
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XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee's contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee's contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee's contractors are in compliance with the
following requirements, including, maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,
bodily injury, and property damage. The Commercial General Liability insurance shall be
written on an occurrence basis, with an aggregate limit location endorsement for the Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury& Prope . Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County's Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
9
The certificates shall contain a provision that coverages afforded under these policies will not
be canceled until at least 30 days'prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate
or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least
30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance
as proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing
as respects any coverage maintained by the County and shall include an endorsement reflecting
the same. Any other coverage maintained by County shall be excess of this coverage herein
defined as primary and shall not contribute with it. The certificate of insurance must reflect
that the above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of"A" and a class of"X" or better in the latest
edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial
rating or rating guide approved in writing by the County's risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on, over, or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
10
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county's legal representatives, officers(elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs
of investigation,removal and remediation and governmental oversight costs), environmental or
otherwise (collectively"liabilities") of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of, resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part,by permittee or its agents; or
7. the acts, errors,or omissions of third parties when arising out of the, installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee's agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
11
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee's failure to satisfy said judgment
within the ninety (90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee's utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee's utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees.
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XIL PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same
as the County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
12
obligations under the Permit, including any obligations not fulfilled by Permittee's assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
consequences thereof, which acts or omissions occur prior to the time of the assignment. No
Permit may be assigned or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
Permit.
XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit,by reason of the subsequent incorporation of any town or city, or extension of the limits
of any town or city, shall fall within the city or town limits; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty(50)years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default; provided that, the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety(90)days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1)assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
without prior written notice to the County and mutual acceptance of an assignment of the
13
Permit,or(4)use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit,the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe
or perform any of Permittee's or its agent's duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of
each and every obligation of Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee's commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the
County to commence an action for equitable or other relief and/or proceed against Permittee
and any guarantor for all direct monetary damages, costs and expenses arising from the Default
14
and to recover all such damages, costs and expenses, including reasonable attorneys' fees.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section,the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as
Exhibit"A", shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax
identification number of the parcel or parcels benefited by this Permit and a legal description
of each such parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however, that venue of such action is legally proper.
15
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of
any Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or either
party's right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In
lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically
as a part of this Permit, a provision as similar in its terms to such illegal, invalid or
unenforceable provision as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee's contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee's contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of
contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty(30) days' advance written notice of such change in address.
Permittee: Mary Ruth Mann
1425 Western Ave#113
Seattle, WA 98101
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
16
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon
the County to determine the adequacy or sufficiency of Permittee's plans and specifications or
to ascertain whether Permittee's proposed or actual construction, installation, testing,
maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient
or in conformance with the plans and specifications reviewed by the County. No approval
given, inspection made,review or supervision performed by the County pursuant to this Permit
shall constitute or be construed as a representation or warranty express or implied by County
that such item approved, inspected, or supervised, complies with laws, rules regulations or
ordinances or this Permit or meets any particular standard, code or requirement, or is in
conformance with the plans and specifications, and no liability shall attach with respect thereto.
County and inspections as provided herein, are for the sole purpose of protecting the County's
rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied, as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation
of the utility facilities.
J. Force Majeure. Neither Parry hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Parry has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any parry and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State
of Washington.
17
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all
other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County's exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee shall be responsible for all Work performed by its contractors
and subcontractors, and others performing Work on its behalf, under its control, or under
authority of its utility permit, as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Permit, Title 12 MCC, the Manual and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is the Permittee's responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee's behalf are familiar with
the requirements of the Permit,Title 12 MCC,the Manual,and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee's obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent
that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed full and complete responsibility for the utility facilities or for the
relevant acts or omissions.
18
DATED at Shelton, Washington this day of , 20
APPROVED: BOARD DF CDMMISSION E RS
MASON COUNTY, WASHINGTON
County Engineer
Chair
Approved as to form:
Vice Chair
Chie
Commissioner
19
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT "A"
MEMORANDUM OF PERMIT
Title: Mary Ruth Mann Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: Mary Ruth Mann
Description of Franchise Area: SEE EXHIBIT A-4
A-1
Ili
ACCEPTANCE OF PERMIT
Private Line Utility Occupancy Permit effective ''.1, 9t 9�) Z� , 20
I Mary Ruth Mann am the owner of parcel(s)Tax Parcels No 32220-50-03003 and
32220-50-03004 and authorized to accept Permit on behalf of myself, certify that this Permit
and all terms and conditions thereof are accepted by myself without qualification or
reservation and guarantee performance hereunder. I certify that, to the best of my knowledge,
the assessor's tax identification number of the parcel or parcels benefited by this Permit and a
legal description of each such parcel are as described in the Iattached exhibit.
DATED this day of Ah re4llei 20
rP ITTEE(u�
_s a ann
By: Maty Ruth Mann
Title: Owner
STATE OF 4/49I.iyA j tp,l, )
ss.
COUNTY OF IQY%/ )
T
I certify that I know or have satisfactory evidence that Mal Y MA y.ln. is
the person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execu_t� .the instrument and acknowledged it as the
OW n e r l' of the p d pgj-T to be the free and
voluntary act of such party for the uses an purpo es mciAwned in the instrument.
Dated: 2/ /2
Notary Public
Fcostate
WALLIS Print Name T O-CY j v O�L
blic
hington My coinmission expires AJnV lco '2o2�21037917
Nov 10, 2023
I
A-2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
THIS MEMORANDUM OF PERMIT is dated as of the_day of , 2024
between the County of Mason, a legal subdivision of the state of Washington("County")and
Mary Ruth Mann (Permi'ttee"),
1. Prosy. County has, pursuant to Private Line Utility Occupancy Permit
granted to Permittee, the right, revocable at the will of the County, to use and occupy certain
road rights-of-way for the construction, installation, adjustment, maintenance, removal, repair,
relocation and operation of Permittee's utility facilities for the benefit of the herein described
Property, upon the terms and conditions of that certain permit agreement between the parties
accepted the day of , 2024 (the "Permit"), which terms and conditions are
incorporated herein by this reference. The property to be benefited by this permit is situated in
the Mason County, Washington, legally described in Exhibit A attached hereto (herein called
the"Property"). The road right-of-way permit area("Permit Area")is also described i*n attached
Exhibit A.
2. Term. The term of the Permit is in p erpetuity unless terminated.
3. Termination., County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety (90) days written notice to the Permittee,,
Further, this Permit will automatical ly terminate upon assignment without the prior written
consent of the County, or upon transfer of the Property without the prior written consent of the
County to an assignment of the Permit or upon transfer of all or part of the utility facilities
located in the Permit Area without the prior written consent of the County to an assignment of
the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit sP I d
for the purpose of recordation and notice and i*n no way modifies the Permit and is in no way
i to or should be construed to create or convey an interest intendedn land or the road right-of-
way.
DATED this day of ,20
COUNTY OF MASON
County Engineer
Approved as to form:
C hi e f 6101ro 1AA 0 won OWN
A-3
FORM OF MEMORANDUM OF PERMIT
Permit Area Map
Porcel/J222-50-OJOOJ Porcel J222-50-OJOOJ
//Zz5/DE HlLL5/DE
£,risting Well-head
Proposed ROW Crossing
Electrical and Pipeline
Norih-5hore Road
Outhouse
vcco/ Lof cob/�
Address- 16621 N£
Northshore Rood,
lohuyv
Porcel/J222-50-OJOOJ Porcel y J222-50-OJOOJ
A-4