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HomeMy WebLinkAbout2025/06/30 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF June 30, 2025 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA 98584; or phone at (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. If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427-9670 ext. 419 Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 06/26/25 at 9:50 AM BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of June 30, 2025 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings. Monday, June 30, 2025 Zoom link available on the Mason County website Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Executive Session – RCW 42.30.110(1)(g) Qualifications of an Applicant for Public Employment 9:30 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 10:30 A.M. Coroner – Jaime Taylor 10:35 A.M. Central Services – Travis Adams 10:40 A.M. Community Development – Kell Rowen 10:50 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioner Discussion – as needed Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Jaime Taylor Ext: 752 Department: Coroner Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): June 30, 2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Overdose Deaths in Mason County Background/Executive Summary: The Mason County Coroner’s office has investigated thirteen overdose-related deaths since April 2025. These deaths have happened in clusters, meaning deaths occurring on the same day or days in a row. We are starting to see more mixed drug toxicity, including cocaine mixed with fentanyl, methamphetamines, and small traces of MDMA. We are also seeing a higher number of deaths in ages ranging from 50 and above. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Discussion only Attachment(s): None Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator June 30, 2025 Specific Items for Review → Pacific Mountain (PacMtn) Workforce Development Council nomination – McKenzie Smith Administrator Updates Commissioner Discussion → Calendar updates Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: McKenzie Smith Ext: 589 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): June 30, 2025 Agenda Date(s): July 8, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Pacific Mountain Workforce Development Board of Directors Nomination Background/Executive Summary: The Pacific Mountain Workforce Development Council (WDC) includes Grays Harbor, Lewis, Mason, Pacific, and Thurston Counties. The WDC has fifteen (15) seats total and the Board of Commissioners recommends three (3) business representatives from Mason County. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Approval to nominate Jacqueline Earley to the Pacific Mountain (PacMtn) Workforce Development Board of Directors for a three-year term expiring June 30, 2028. Attachment(s): Nomination Letter MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 July 8, 2025 Pacific Mountain Workforce Development Council 1570 Irving Street Tumwater, WA 98512 Re: Jacqueline Earley Nomination To Whom It May Concern, Please accept this as notification that the Mason County Board of County Commissioners took action at their July 8, 2025 regular Commission meeting to nominate Jacqueline Earley to represent Mason County on the Pacific Mountain Workforce Development Board of Directors. A nomination letter from the Economic Development Council is also enclosed. Sincerely, Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Mason County Community Development Briefing June 30, 2025 Briefing Items → County Code 5.18 Temporary Outdoor Public Events (TOPE) – Kell Rowen Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Kell Rowen Ext: 286 Department: Community Development Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): May 19, June 2, 16, & 30, 2025 Agenda Date(s): July 8, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☒ Other Building, Planning, EH, Sheriff’s Office, Public Works, Fire Marshal, Code Enforcement Item: Amending Mason County Code Title 5, Chapter 5.18 Temporary Outdoor Public Events (TOPE) Background/Executive Summary: In 2009, the Board of County Commissioners adopted an ordinance amending Title 5, Chapter 5.18 including changing the title from Music Festivals to Temporary Outdoor Public Event (TOPE). These new amendments attempt to clarify the regulatory framework with an increased emphasis on public safety, interagency review and constitutional protections while adapting to smaller-scale events that may still have significant community impact. Although the Department of Community Development (DCD) is bringing this draft amendment forward, it represents a collaborative effort among multiple county departments. Representatives from Public Works, the Sheriff's Office, and Environmental Health worked alongside staff from Planning, Building, the Fire Marshal, and Code Enforcement to develop a more comprehensive and practical update to Mason County Code Chapter 5.18. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None Public Outreach: Website, Shelton-Mason County Journal, direct outreach to known venue operators. Requested Action: Discuss the amendments and any additional changes, with a focus on the total number of days/year a property can hold such events (section is highlighted in the draft code). Place on July 8 Action Agenda to set a public hearing for August 5, 2025 to take public testimony and consider the amendments. Deliberation and vote to take place on August 19, 2025. Attachment(s): Revised Draft TOPE amendments to Title 5, Chapter 5.18 (redlined and clean version with the most recent amendments); Comparison table (2009 vs 2025) Title 5 - BUSINESS LICENSES AND REGULATIONS Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT* Mason County, Washington, Code of Ordinances Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 1 of 7 Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT* Sections: 5.18.010 Definition. "Temporary Outdoor Public Event" shall be any temporary activity lasting more than four contiguous hours that is not designed or intended to be a permanent use of a structure(s) or the land it occupies and is open to the public. Such events are open to the public with or without a fee for a specified period/duration of time that is prearranged with and permitted by Mason County and will attract and accommodate the following number of250 people at any given time, or 50 people at any given time when located in a residential zone. • Five thousand or more for events occurring with the Urban Growth Areas • Three thousand or more for event occurring outside the Urban Growth Areas Such events can include, but are not limited to, presentations of outdoor, live or recorded musical entertainment or other large events which the applicant or Director of Community Development, or designee, believes or has reason to believe will attract numbers of people as described above. Events for any number of people which are not advertised as open to the public with or without a fee or events which are authorized by public schools or governmental entities held on public lands1 shall not be classified as Temporary Outdoor Public Events and shall not be subject to the standards set forth in this code section. Examples of events that are exempt shall include, but not be limited to, the following: Events protected by the First and Fourth amendments of the United States Constitution, such as gatherings intended primarily for the free expression of political or religious ideas shall not be subject to the standards set forth in this code section. (a) Events protected by the First and Fourth amendments of the United States Constitution, such as gatherings intended primarily for the free expression of political or religious ideas. (ab) Family reunions/picnics; (bc) Weddings, Birthdays, Anniversaries, Funerals; (cd) Events held on school grounds; (de) Business or Corporate Retreats; (ef) Organized religious events located at an established religious facility; (fg) Events, uses or activities which have been authorized through an approved discretionary land use permit; or which are conducted in a public park or on public lands1 with approval of the local governing agencies; (g) Events subject to the exemptions of subsection 5.18.060(c). (Ord. No. 61-09, Att. A, 7-7-2009) 1 Public lands as defined herein shall be those properties owned and/or operated by government agencies including state, county, municipal, township, district, or other governmental unit. Formatted: Left Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.33", First line: 0" Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 2 of 7 5.18.020 Basic clause. A valid county permit shall be obtained by any person, persons, corporation, organization, landowner, or lessor prior to allowing, encouraging, organizing, conducting, permitting, or advertising a temporary outdoor public event ("Event"). Each event, as defined in Section 5.18.010, requires an individual permit. Responsibility for compliance with this provision and securing the necessary permits rests with all persons, corporations, organizations, landowners, or lessors associated with the event. It shall be unlawful for any person, persons, corporation, organization, landowner, or lessor to allow, encourage, organize, conduct, permit or cause to be advertised a temporary outdoor public event ("Event") unless a valid county permit has been obtained for the operation of said Event. One such permit shall be required for each event as defined in Section 5.18.010. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.030 Event location and duration limitations. (a) Temporary Outdoor Public Events shall be allowed, upon approved application, within all Mason County urban growth areas and any rural residential districts outside the urban growth areas. The approval of an event permit provides for a temporary use of that property not otherwise allowed. All other regulations, aside from the approved event, shall remain in effect. (b) Location: No temporary outdoor public event shall be operated in a location that is closer than three hundred feet from any schoolhouse, church, house, residence or other human habitation. Variation from this requirement will be at the discretion of the permitting authority and evaluated on an individual basis. Applicants may seek written permission or waivers from property owners within three hundred feet of an event to submit when requesting a variation from this requirement. Events over 2,000 attendees must meet the proximity standards of RCW 70.108.100. (cb) Events within these areas shall be limited to fourteen cumulative days on any individual property within a twelve-month period. It is at the applicant's discretion as to how the days are utilized throughout the twelve- month period. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.040 Permit required; fee regulation. No temporary outdoor public event may be held in Mason County outside the limits of the incorporated cities unless the person or persons sponsoring said event shall first obtain a permit as hereinafter provided and shall comply with all regulations herein provided and that tThe fee for the temporary outdoor public event permit to meet the cost of administering the same shall be three hundred fifty dollars or two hundred fifty dollarsas indicated in the fee schedule for each reviewing department for each event. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.050 Age of applicant. No permit shall be issued to any person under eighteen years of age, or twenty-one if alcohol is to be served. (Ord. No. 61-09, Att. A, 7-7-2009) Formatted: Highlight Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 3 of 7 5.18.060 Permit application; procedure. (a) Written aApplication for a temporary outdoor public event permit shall be made to the Permit Assistance Center, 426 W. Cedar615 W. Alder Street, Shelton, WA 98584 and said application must be submitted sixty or more days prior to the first day upon which said Event is to be or may be held. Approval of permits as herein provided for shall be made within forty-five days after application therefore unless such permit shall be denied. Denial of the permit by the Department of Community Development shall be in writing with reasons for the denial and shall be subject to appeal to the Hearing Examiner by action filed within ten days of the denial. (b) The County may require proper insurance, indemnification and hold harmless agreements, proof of possession of any Federal, State, or locally required permits or licenses, damage deposits, deposits for payment for cleanup, traffic control, security and other similar requirements which shall be identified in the permit. (c) No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; if part of any annual tradition or series, previous events in the sequence; and the public perception of the event. (cd) A valid approved permit shall be posted at least ten days prior to each event and at all times during the event in a conspicuous place where any event subject to this section is being conducted. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.070 Submission of plans for approval; approving agencies. Whenever approval by a County government agency other than the Department of Community Development is required, application for such approval shall be made in the same manner at the times provided when applying for a permit for the temporary outdoor public event. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be subject to inspection by the approving agencies or departments. Should the actual facility or construction fail to meet the standards approved in the proposed plans such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.080 Pre-application conference. Every person, corporate or organization representative, landowner or lessor applying for a new or modified Temporary Outdoor Public Event permit shall attend a Pre-Application Conference. The purpose of this conference is to discuss the nature of the proposed Event, the application and permit requirements, fees, review process and schedule, applicable plans, map, policies and regulations. In order to expedite review of the application, the county shall invite all affected departments, agencies and/or special districts to the Pre-Application Conference. County staff will give preliminary feedback to the potential applicant based on the level of information provided by the applicant at the conference and will inform the applicant of issues or special requirements that may result from the Application. The more information provided by the applicant for the pre-application conference, the more effective the comments from staff will be on the components of the proposed Event. Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 4 of 7 (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.0790 Conditions. (a) Public Health Department: No permit for a temporary outdoor public event shall be granted unless the application is accompanied by the written approval of the Mason County Health Department indicating that the applicants for said permit have complied with the health requirements of said department If food will be served on the premises, each vendor shall obtain the appropriate Food Establishment Permit according to MCC 6.08. 1. Requirements for events with less than 2000 estimated maximum daily attendees: a. Toilet Facilities: Approved means of sewage collection are toilets connected to an approved public sewer, on-site septic system, large on-site septic system, or use of chemical toilets. Use of pit privies and outhouses is prohibited. All Sewage generated at the event shall be disposed of in accordance with MCC 6.76. The number of toilets shall be supplied according to the following table: Estimated Maximum Daily Attendees Required Number of Toilets 0-50 2 51-499 One for every 83 attendees 500-1999 Six for 500 attendees plus 2 for every additional 500 attendees b. Potable water: Potable water, including that used for handwashing, must be sourced from an approved public water system in compliance with WAC 246-290 and WAC 246-291 or bottled water produced in accordance with WAC 16-165 2. Requirements for events with 2000 or more estimated maximum daily attendees shall comply with RCW 70.108 and WAC 246-374. Where WAC 246-374 conflicts with Mason County Code or other chapters of Title 246 WAC, the more stringent requirement shall apply.for like or similar facilities. Said approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, and if there is to be food served on the premises, the type and adequacy of food preparation and food service facilities to be provided. (b) Public Safety Plan: This plan shall provide for an appropriate level of public safety under the authority and approval of the Mason County Fire Marshal in consultation with additional local fire districts, Mason County Sheriff’s Office, and Public Works. The contents of this plan shall include, but are not limited to the following elements and details: 1. Fire Protection: No permit shall be granted hereunder unless the applicant has shown that the Mason County Fire Marshal The applicant shall demonstrate the event has approved fire protection devices and equipment available at, or near any building, tent, stage or enclosure wherein or whereupon persons may be expected to congregate at any time during the course of such temporary outdoor publicthe event for which a permit is hereunder required. 2. Traffic Control/Access: A Traffic Control/Access plan shall be submitted as part of the application package that shows the measures intended to minimize impacts to the roads and traffic. This should include a description of the expected traffic volumes, what measures will be used for traffic flow Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 5 of 7 control, and what signs are proposed. A Road Use Permit from the Public Works Department will be required for road closures or event parking on County roads or in the County rights-of-way. Said plan shall not be approved until it is demonstrated to the Mason County Sheriff's Office that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Should the event location impact a state route, the appropriate state agencies shall be involved in any traffic control and police protection plans. 3. Parking: A parking plan which includes a scale drawing shall be provided showing adequate off- street parking facilities are available adjacent to the location for which the permit is requested. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area. If buses are to be used to transport people to the event, it shall be shown that public parking or parking as described above is available at any site buses depart for the event venue. Traffic resulting from any temporary activity shall not adversely affect surrounding properties or adjoining rights of way. Any determination of adverse effects shall be made by the Director of Public Works. 4. Crowd Managers: No fewer than two trained Crowd Managers, and not fewer than one trained Crowd Manager for each 250 persons or portion thereof shall be provided for the event. The duties of Crowd Managers shall include but not be limited to identifying, posting and maintaining egress routes, mitigation of any fire hazards, verifying compliance with permit conditions, directing and assisting with the evacuation of attendees in an emergency, assist emergency response personnel as requested and any other duties as directed by the Fire Marshal or identified in the Public Safety Plan. The training and qualifications of Crowd Managers shall be approved by the Fire Marshal or his/her designee. (c) Traffic Control - Police Protection: No permit shall be granted hereunder unless it shall be approved by the Mason County Sheriff's Department that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Should the event location impact a state route, the appropriate state agencies shall be involved in any traffic control and police protection plans. (d) Parking: Application for a permit under this title shall be accompanied by a scale drawing showing adequate off street parking facilities having been available adjacent to the location for which the permit is requested. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area. PROVIDED, that should buses be used to transport persons to the entertainment, amusement or assembly, it shall be shown that public park ing or parking as described above is available at any site from which buses are scheduled to transport persons to an event regulated by this Chapter. Traffic resulting from any temporary activity shall not adversely affect surrounding properties or adjoining rights of way. The Director of Public Works shall make any determination of adverse affects. (ec) Inspection: No permit shall be granted hereunder unless tThe applicant shall in writing upon the application for such a permit consent to allow the law enforcement and public health and fire control officers of the county and its representatives to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which of the permit is granted. (f) Location: No temporary outdoor public event shall be operated in a location that is closer than two hundred fifty feet from any schoolhouse, church, house, residence or other human habitation. Variation from this requirement will be at the discretion of the permitting authority and evaluated on an individual basis. Applicants may seek written permission or waivers from property owners within 250 feet of an event to submit when requesting a variation from this requirement. (g) Traffic/Access Plan: A traffic control plan shall be submitted as part of the application package that shows the measures intended to minimize impacts to the roads and traffic. This should include a description of the expected traffic volumes, what measures will be used for traffic flow control, and what signs are proposed. A Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.58" + Indent at: 0.83" Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 6 of 7 Road Use Permit will be required for road closures or event parking on County roads or in the County road rights-of-way. (h) Public Safety Plan: A Public Safety Plan prepared and submitted in accordance with Chapter 4, Section 403.11.22 of the 202106 International Fire Code or most current edition. This plan shall provide for an appropriate level of public safety under the authority and approval of the Mason County Fire Marshal in consultation with additional local fire districts, as applicable. The contents of this plan shall include, but are not limited to, provisions for emergency vehicle ingress and egress, fire protection, emergency medical services, and the need for fire and emergency medical services personnel at the event. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.100 Compliance with rules and regulations. No application for a temporary outdoor public event permit shall be issued until the Department of Community Development shall have had an investigation and report as to whether the location or place to be used as a site for a temporary outdoor public event conforms to all rules and regulation of the Code of Mason County and the state law, particularly in regard to land use, fire, health, building, sanitary conditions and toilet conveniences. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.11080 Revocation of permit; statement of right. The temporary outdoor public event permit issued under the provisions of this Chapter shall state in substance that such permit is issued as a public safety, sanitary and fire requisition measure, and that the right of the Department of Community Development to revoke such permit is a consideration of issuance. If any Temporary Outdoor Public Event in Mason County is not being operated in accordance with the rules and regulations prescribed in this Chapter and set forth in the State law, the permittee shall be subject to revocation of the permit, and the permittee or other individual responsible subject to such other punishment as the law and this Chapter provide. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.12090 Appeals. Administrative decisions of the Community Development Director or her/his designee shall be final and conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County Development Code Chapter 15.11 Appeals. Said statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee in an amount as set by resolution of the board. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant. (Ord. No. 61-09, Att. A, 7-7-2009) Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 7 of 7 5.18.130 Enforcement. Mason County is hereby authorized and directed to see that all provisions of the state law and local rules and regulations are enforced. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.140 Violation; penalty. Any person who shall violate or fail to comply with any provision of this chapter or who shall counsel, aid or abet such a violation or failure to comply shall be deemed guilty of a gross misdemeanor and shall, upon conviction thereof, be fined in the sum of not more than one thousand dollars or imprisoned in the County Jail for not more than ninety days, or both. Compliance shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil, and equitable remedies as such. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.1150 Severability. If any section of this Chapter or its application to any person or circumstances is held invalid, the remainder of this Chapter shall remain in effect. (Ord. No. 61-09, Att. A, 7-7-2009) Title 5 - BUSINESS LICENSES AND REGULATIONS Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT* Mason County, Washington, Code of Ordinances Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 1 of 4 Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT* Sections: 5.18.010 Definition. "Temporary Outdoor Public Event" shall be any temporary activity lasting more than four contiguous hours that is not designed or intended to be a permanent use of a structure(s) or the land it occupies and is open to the public. Such events can include, but are not limited to, presentations of outdoor, live or recorded musical entertainment or other event s. Events which are not advertised as open to the public or events which are authorized by public schools or government entities held on public lands1 shall not be classified as Temporary Outdoor Public Events and shall not be subject to the standards set forth in this code section. Events protected by the First and Fourth amendments of the United States Constitution, such as gatherings intended primarily for the free expression of political or religious ideas shall not be subject to the standards set forth in this code section. (Ord. No. 61-09, Att. A, 7-7-2009) 1 Public lands as defined herein shall be those properties owned and/or operated by government agencies including state, county, municipal, township, district, or other governmental unit. 5.18.020 Basic clause. A valid county permit shall be obtained by any person, persons, corporation, organization, landowner, or lessor prior to allowing, encouraging, organizing, conducting, permitting, or advertising a temporary outdoor public event ("Event"). Each event type, as defined in Section 5.18.010, requires an individual permit. Responsibility for compliance with this provision and securing the necessary permits rests with all persons, corporations, organizations, landowners, or lessors associated with the event. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.030 Event location and duration limitations. (a) Temporary Outdoor Public Events shall be allowed, upon approved application, within all Mason County urban growth areas and any rural residential districts outside the urban growth areas. The approval of an event permit provides for a temporary use of that property not otherwise allowed. All other regulations, aside from the approved event, shall remain in effect. (b) Location: No temporary outdoor pPublic events shall be operated in a location that is closer greater than three hundred feet from any schoolhouse, church, house, residence or other human habitation. Variation from this requirement will be at the discretion of the permitting authority and evaluated on an individual basis. Applicants may who seek written permission or waivers from property owners within three hundred feet of an event to can submit when requestingdocumentation to obtain a variation variance from this requirement. Events over 2,000 attendees must meet the proximity standards of RCW 70.108.100 . Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 2 of 4 (c) Events within these areas shall be limited to fourteen cumulative days on any individual property within a twelve-month period. It is at the applicant's discretion as to how the days are utilized throughout the twelve - month period. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.040 Permit fee. The fee for the temporary outdoor public event permit to meet the cost of administering the same shall be three hundred fifty dollars or as indicated in the fee schedule for each reviewing department. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.050 Age of applicant. No permit shall be issued to any person under eighteen years of age, or twenty -one if alcohol is to be served. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.060 Permit application; procedure. (a) Application for a temporary outdoor public event permit shall be made to the Permit Assistance Center, 615 W. Alder Street, Shelton, WA 98584 and said application must be submitted sixty or more days prior to the first day upon which said Event is to be or may be held. (b) The County may require proper insurance, indemnification and hold harmless agreements, proof of possession of any Federal, State, or locally required permits or licenses, damage deposits, deposits for payment for cleanup, traffic control, security and oth er similar requirements which shall be identified in the permit. (c) A valid approved permit shall be posted at least ten days prior to each event and at all times during the event in a conspicuous place where any event subject to this section is being conducted. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.070 Conditions. (a) Public Health Department: If food will be served on the premises, each vendor shall obtain the appropriate Food Establishment Permit according to MCC 6.08. 1. Requirements for events with less than 2000 estimated maximum daily attendees: a. Toilet Facilities: Approved means of sewage collection are toilets connected to an approved public sewer, on-site septic system, large on-site septic system, or use of chemical toilets. Use of pit privies and outhouses is prohibited. All Sewage generated at the event shall be disposed of in accordance with MCC 6.76. The number of toilets shall be supplied according to the following table: Estimated Maximum Daily Attendees Required Number of Toilets 0-50 2 51-499 One for every 83 attendees Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 3 of 4 500-1999 Six for 500 attendees plus 2 for every additional 500 attendees b. Potable water: Potable water, including that used for handwashing, must be sourced from an approved public water system in compliance with WAC 246-290 and WAC 246-291 or bottled water produced in accordance with WAC 16-165 2. Requirements for events with 2000 or more estimated maximum daily attendees shall comply with RCW 70.108 and WAC 246-374. Where WAC 246-374 conflicts with Mason County Code or other chapters of Title 246 WAC, the more stringent requirement shall apply. (b) Public Safety Plan: This plan shall provide for an appropriate level of public safety under the authority and approval of the Mason County Fire Marshal in consultation with additional local fire districts, Mason County Sheriff’s Office, and Public Works. The contents of this plan shall include, but are not limited to the following elements and details: 1. Fire Protection: The applicant shall demonstrate the event has approved fire protection devices and equipment available at, or near any building, tent, stage or enclosure wherein or whereupon persons may be expected to congregate at any time during the course of the event. 2. Traffic Control/Access: A Traffic Control/Access plan shall be submitted as part of the application package that shows the measures intended to minimize impacts to the roads and traffic. This should include a description of the expected traffic volumes, what measures will be used for traffic flow control, and what signs are proposed. A Road Use Permit from the Public Works Department will be required for road closures or event parking on County roads or in the County rights -of-way. Said plan shall not be approved until it is demonstrated to the Mason County Sheriff's Office that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Should the event location impact a state route, the appropriate state agencies shall be involved in any traffic control and police protection plans. 3. Parking: A parking plan which includes a scale drawing shall be provided showing adequate off - street parking facilities are available adjacent to the location for which the permit is requested. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area. If buses are to be used to transport people to the event, it shall be shown that public parking or parking as described above is available at any site buses depart for the event venue. Traffic resulting from any temporary activity shall not adversely affect surrounding properties or adjoining rights of way. Any determination of adverse effects shall be made by the Director of Public Works. 4. Crowd Managers: No fewer than two trained Crowd Managers, and not fewer than one trained Crowd Manager for each 250 persons or portion thereof shall be provided for the event. The duties of Crowd Managers shall include but not be limited to identifying, posting and maintaining egress routes, mitigation of any fire hazards, verifying compliance with permit conditions, directing and assisting with the evacuation of attendees in an emergency, assist emergency response personnel as requested and any other duties as directed by the Fire Marshal or identified in the Public Safety Plan. The training and qualifications of Crowd Managers shall be approved by the Fire Marshal or his/her designee. (c) Inspection: The applicant shall consent to allow the county and its representatives to come upon the premises for purpose of inspection and enforcement of the terms and conditions of the permit. (Ord. No. 61-09, Att. A, 7-7-2009) Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 4 of 4 5.18.080 Revocation of permit; statement of right. The temporary outdoor public event permit issued under the provisions of this Chapter shall state in substance that such permit is issued as a public safety, sanitary and fire requisition measure, and that the right of the Department of Community Development to revoke such permit is a consideration of issuance. If any Temporary Outdoor Public Event in Mason County is not being operated in accordance with the rules and regulations prescribed in this Chapter and set forth in the State law, the permittee shall be subject to revocation of the permit. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.090 Appeals. Administrative decisions of the Community Development Director or her/his designee shall be final and conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County Development Code Chapter 15.11 Appeals. Said statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee in an amount as set by resolution of the board. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.110 Severability. If any section of this Chapter or its application to any person or circumstances is held invalid, the remainder of this Chapter shall remain in effect. (Ord. No. 61-09, Att. A, 7-7-2009) Comparison of Mason County Code Chapter 5.18 (2009 vs 2025 Draft) Topic 2009 Ordinance 2025 Draft Ordinance Definition / Applicability Applied to events with 3,000–5,000+ attendees depending on UGA status. Now applies to any public event lasting 4+ hours; constitutional exemptions included. Permit Requirement & Responsibility Permit required for each event; broad responsibility language. Clearer language on permit obligation for all associated parties. Event Location & Proximity Limits 250 ft setback from sensitive uses; waiver possible. Increased to 300 ft with reference to RCW 70.108.100 for 2,000+ attendees. Duration Limitations Max 14 cumulative days per property per 12 months. Unchanged from 2009. Permit Fee $250 flat fee. $350 or per department fee schedule. Minimum Age of Applicant 18+ or 21+ if alcohol served. Unchanged from 2009. Application Procedure 60-day submittal, 45-day approval window, appealable denial. Updated address; otherwise unchanged. Sanitation Requirements General health approval; no numerical sanitation standards. Toilet count tables added; pit privies prohibited; MCC 6.76 compliance. Potable Water Standards Not specifically addressed. Must comply with WAC 246-290/291 or bottled water standards per WAC 16-165. Food Vendor Requirements General reference to health permits. Each vendor must obtain Food Establishment Permit per MCC 6.08. Public Safety Plan Requirements Referencing 2006 IFC, general fire protection required. More robust requirements per 2021 IFC; safety plan now mandatory. Traffic & Parking Plan Required, but minimally detailed. Detailed plan with required Road Use Permits and agency coordination. Crowd Management Not required or defined. Required: 1 per 250 people, 2 minimum, duties and training outlined. Inspection Consent General allowance for inspection. Explicit consent required in writing for County inspection and enforcement. Permit Revocation Revocation allowed if out of compliance. Clarified revocation as condition of issuance. Appeals Appeal via MCC Ch. 15.11; standard language. Same process, but language clarified. Severability Clause Standard severability clause. Unchanged from 2009. Action Items: ➢ Letter to the City of Bremerton Mayor – Cities request for Belfair Sewer Service Discussion Items: Commissioner Follow-Up Items: Upcoming Items: MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING June 30, 2025 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Loretta Swanson Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 24, 2025, June 9, 2025, June 16, 2025, June 23, 2025 & June 30, 2025 Agenda Date(s): July 8, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Letter to City of Bremerton – Mayor Wheeler Background/Executive Summary: Requesting board approval to sign and send a follow-up letter to Mayor Wheeler summarizing key takeaways from the May 15 meeting regarding the City of Bremerton’s request for Belfair sewer service. The letter outlines discussion points, areas needing further analysis, and proposes a follow-up meeting in July. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Request the Board of Commissioners sign a letter to the City of Bremerton, addressed to Mayor Wheeler, regarding ongoing discussions about Belfair sewer service. Attachment(s): 1. Letter MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 (360) 275-4467 ext. 419 (360) 482-5269 ext. 419 Fax (360) 427-8437 July 8, 2025 Mayor Wheeler 345 6th St. Suite 600 Bremerton, WA 98337 Dear Mayor Wheeler, Thank you for meeting with us on May 15 to begin a collaborative discussion regarding the City of Bremerton’s request for Belfair sewer service. We appreciate the opportunity to explore this topic together and believe the meeting served as a productive starting point for continued engagement. The purpose of this letter is to summarize key takeaways from our discussion and propose next steps to help determine whether extending sewer service is mutually beneficial. Key Takeaways: • Service Area Map: Both the County and City agreed on the need for a map defining the proposed service area. It is generally understood that discussions pertain to the southernmost portion of the Puget Sound Industrial Center (PSIC). The City agreed to provide a map. • Grant Fund management: • Requested Capacity: The City requested 0.165 MGD of sewer capacity, with the understanding that initial flows will be zero and will increase gradually over a 20+ year period. • Infrastructure Dependencies: Flows may remain at zero for several years, as water and road infrastructure are also necessary to support development. • County Capacity & Requirements: The County confirmed that the Belfair water reclamation facility has the capacity, but phased capital improvements and permit revisions will be required to accommodate additional flow. • Economic Impact Concerns: The County expressed concern that serving Bremerton may result in harmful economic competition, as Belfair generates significant sales tax revenue which the County seeks to preserve and grow. • The County is interested in understanding how the City of Bremerton intends to ensure that the extension of sewer service into its jurisdiction will not result in adverse economic impacts to Mason County and what specific strategies does the City propose to mitigate these risks. • Zoning Flexibility: Although the area is zoned 'industrial,' the City confirmed that commercial development may be permitted. • Growth Scenarios: The County and City discussed possible growth models and economic impacts. Sales tax revenue sharing, zoning restrictions, outside county service area rate and connection fees were presented. Both parties agreed further discussion is needed to explore ways to mitigate potential negative economic impacts. • Fair Share Contributions: The County outlined considerations regarding Bremerton’s 'fair share' of costs. The City acknowledged its willingness to pay connection fees, monthly rates, strength charges, and out-of-service-area fees, consistent with arrangements used with other entities. Further discussion is needed to define 'fair share' in this context. • Ownership & Maintenance: The City stated its intent to own, operate, and maintain infrastructure constructed within its boundaries. Other sewer provision models were discussed including a “merger” similar to LOTT. with extending service. • Environmental & Liability Considerations: The County emphasized the need to identify environmental concerns and potential liabilities associated with extending service. • Comprehensive Plan Misalignment: There was concern that the Comprehensive Plans of various governmental stakeholders may not align, potentially complicating long-term planning and service coordination • Future Independent Sewer Facility: The County noted concern with the City of Bremerton’s stated desire to establish its own sewer facility within approximately nine years, which raises questions about the long-term viability and investment in shared infrastructure. • Stakeholder Engagement: The County expressed a desire to hear stakeholder perspectives. • Grant Fund Management: As the designated Grant Recipient and Administrator, the City of Bremerton plays a key role in ensuring that all participating entities clearly understand the requirements associated with the grant funds. In its role as a sub-recipient, the County is responsible for submitting reimbursement requests that reflect expenditures which are allowable, reasonable, and consistent with an approved and mutually agreed-upon project scope. We propose meeting again mid-July to continue the conversation. Thank you again for your time and commitment. We look forward to working with you and your team as we explore this opportunity further. Sincerely, ______________________ _______________________ _________________________ Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice Chair Commissioner Cc: Squaxin Island Tribe Skokomish Tribe Suquamish Tribe Port of Bremerton Port of Allyn Kitsap County Commission KEDA Mason County EDC Washington State Department of Transportation, Olympic Region Senator Drew MacEwen Representative Travis Couture Representative Dan Griffey Belfair Water District PUD 3