HomeMy WebLinkAbout2026/04/28 - Regular Packet Board of Mason County Commissioners
• '' Draft Meeting Agenda
Commission Chambers
411 N 5th St, Shelton, WA 98584
t,«f
April 28, 2026
9:00 a.m.
Commission meetings are live streamed at http://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
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—April 13 and 20,2026,Briefing Minutes; April 14,2026,Regular Minutes; and April
14,2026,Elected Official Meeting 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#8120205-8120744 $1,678,283.10
Direct Deposit Fund Warrant# 125071-125482 $ 980,957.66
Salary Clearing Fund Warrant#7009598-7009637 $1,395,274.50
8.2 Approval to reappoint Katherine Diane McLean to the Board of Equalization(BOE)for a three-year term
expiring May 31,2029.
8.3 Approval to set a Public Hearing for Tuesday,May 26,2026,at 9:15 a.m. to consider and take comment on
adopting a wake-enhanced motorboat operation ordinance.
8.4 Approval to set a Public Hearing for Tuesday,May 26,2026,at 9:15 a.m. to consider and take comment on the
ordinance amending Mason County Code Chapter 6.64 Group B Water System Regulations.
8.5 Approval for Public Works to execute amendments to the Washington State Department of Transportation
(WSDOT)Utility Construction Agreement for the State Route 302(SR 302)Victor Creek Project.
8.6 Approval to set a Public Hearing for Tuesday,May 26,2026,at 9:15 a.m. to consider and take comment on the
ordinance amending Mason County Code Chapter 9.48 Outdoor Burning Program.
8.7 Approval of the North Mason Regional Fire Authority(NMRFA) Syndemic Clinical Services contract
amendment no. 4.
8.8 Approval to set a Public Hearing for Tuesday,June 9,2026,at 9:15 a.m. at which the Board of County
Commissioners will sit as the Board of Equalization to consider the Final Assessment Roll for Shetland Road
Improvement District(RID)No.2024-01 and approval to set a Public Hearing for Tuesday,June 9,2026,at
9:15 a.m.to consider establishment of road into county road system and a speed limit for Shetland Road
Improvement District(RID)No.2024-01.
8.9 Approval of the Resolution adopting the Mason County Language Access Plan.
8.10 Approval of the budget amendment to use Real Estate Excise Tax(REET)2 funds to make payment to the
United States Army Corps of Engineers(USACE)for the County's portion of the Preliminary Engineering and
Design(PED)Phase cost share agreement for ecosystem restoration projects within the Skokomish valley, and
authorize the same for the Construction Phase payment request once received.
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; 10 minutes per person.
10.1 Public Hearing to consider the South Mason Fire District territory withdrawal.
11. Board's Calendar and Reports
12. Adjournment
April 28,2026 I Page 2 of 2
MASON COUNTY
TO: Board of Mason County Commissioners Reviewed
FROM: Kariann Rutledge Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: April 28th, 2026 No. 4.1
ITEM: Correspondence
4.1.1 Received Planning Advisory Commission Application from William Bezanson.
4.1.2 Received Notice of Cannabis License Application for HAPI FARMS LLC,
EMERALD SEA OF GREEN, and HIGHER GROUND CANNABIS LLC.
4.1.3 Received Correspondence from Ron Glowen regarding Mason County's appointment
to the Timberland Regional Library Board of Trustees.
4.1.4 Received Press Release from Central Mason Fire&EMS regarding Live Fire
Training Burn April 29th&30th, 2026.
4.1.5 Received Letter from City of Bremerton regarding MOU with Mason County for
Sewer Service.
4.1.6 Received Correspondence from Melody Woolf regarding Plain Leaf Kratom.
4.1.7 Received Correspondence from Heather Weaver regarding Wake Boat Ban—
Concerns of Mason Lake Impact.
4.1.8 Received Correspondence from Margaret Colvin regarding Timberland Regional
Library Board of Trustees.
Attachments: Originals on file with the Clerk of the Board.
Received 04.09.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams,McKenzie Smith
Mariah Frazier,Kell Rowan
MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
SHELTON WA 98584
Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269
154 Q �
1 AM SEEKING APPOINTMENT TO 9)/j Vl In (r (n G/ ' /CJ� \I d
ADDRESS � PHONE:
CITY/ZIP: $ VOTING PRECINCT: ' WORK PHONE:
(
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
t (ACTIVITIES ORMEMBERSHIPS) COMPANY: L t r" �/ /, YRS
l S Yy 5� U c y Le(A
��boy to Cduh by POSITION 1e
COMPANY. YRS
POSITION.
--------------------------------------------------------------------------------------------
In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
�b u r S IF C a u �c t f / wfit. r cT r� u /\9 f'1 c
�►�It1 r C� `�—�1 Q u What interests, skills do you wish to offer the Board, Committee, or Council? I� n
Y . �,'1 Ft ' 1 J J . l r/(, I S 0b y 11 d Ik-P ke y
Y�1 t E + L v� ✓ P C / t'I Cc v1 1 l/ YtrS>
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be
able to attend such trainings? Y 2 5
Realistically, how much time can you give to this position?
Quarterly Monthly ��dt Daily
A�A''� � Office Use Only
�``' 1 Appointment Date
Signature
Term Expire Date
Received 04.10.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams,McKenzie Smith,
LIQUOR&CANNABIS
Washington State Washington State Liquor and Cannabis Board
gLicensing Division: Cannabis Unit
Liquor and Cannabis Board 1025 Union Ave SE, P.O. Box 43098
Olympia,WA 98504-3098
Customer Service:(360)664-1600
Fax:(360)753-2710\Website:www.Icb.wa.gov
NOTICE OF CANNABIS LICENSE APPLICATION
Please reply to the original email and attach your completed form.
Click the Reply or Reply All option to make sure your response is correctly routed.
DATE: 4/9/2026
TO: MASON COUNTY COMMISSIONERS
RE: Change of Location
UBI:I: 6052515060010003
License:436801 -7B APPLICANTS:
HAPI FARMS LLC
Trade Name: HAPI FARMS
SONYA LANI SENG, 04/05/1993
Loc Addr: 440 SE STATE ROUTE 3 UNIT A-2 DAVID MAURICE BAILEY, 01/02/1990
SHELTON WA 98584-9192
Mail Addr: 5424 CEDAR ST
TACOMA WA 98409-6326
Contact Phone No.: 253-905-0591
Privileges Applied For:
Cannabis Producer Tier 2
As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above
has applied for a cannabis license. You have 20 days from the date of this notice to provide 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 LCB's Cannabis CHRI at (360) 664-1704.
YES NO
1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . . ❑ ❑
2. Do you approve of the location? . . . . . . . . . . . . . . . . . . ❑ ❑
If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s)for
the objection providing facts on which your objection(s) are based.
DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY
COMMISSIONERS,OR DESIGNEE
Received 04.13.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams,McKenzie Smith,
LIQUOR&CANNABIS
Washington State Liquor and Cannabis Board
7ç) Washington State Licensing Division: Cannabis Unit
°=
Liquor and Cannabis Board 1025 Union Ave SE,P.O.Box 43098
Olympia,WA 98504-3098
Customer Service: (360)664-1600
Fax:(360)753-2710\Website:www.Icb.wa.gov
NOTICE OF CANNABIS LICENSE APPLICATION
Please reply to the original email and attach your completed form.
Click the Reply or Reply All option to make sure your response is correctly routed.
DATE: 4/10/2026
TO: MASON COUNTY COMMISSIONERS
RE: Change of Location
UBI:I: 6033556620010003
License:432068-7X APPLICANTS:
EMERALD SEA OF GREEN, INC
Trade Name: EMERALD SEA OF
GREEN KAREN DENISE CLARK, 06/16/1957
Loc Addr:440 Washington 3 Unit A-5
Shelton WA 98584 RICHARD ALLEN CLARK, 01/19/1960
Mail Addr:4550 Navarre Coulee Rd
Chelan,WA 98816
Contact Phone No.: (509)793 6691
Privileges Applied For:
Cannabis Tier 3 Producer
Cannabis Processor
Endorsements Applied For:
As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the
above has applied for a cannabis license. You have 20 days from the date of this notice to provide
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
Washington State Washington State Liquor and Cannabis Board
gLicensing Division: Cannabis Unit
°= Liquor and Cannabis Board 1025 Union Ave SE,P.O.Box 43098
Olympia,WA 98504-3098
Customer Service: (360)664-1600
Fax:(360)753-2710\Website:www.Icb.wa.gov
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 LCB's Cannabis CHRI at (360) 664-1704.
YES NO
1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . . ❑ ❑
2. Do you approve of the location? . . . . . . . . . . . . . . . . . . ❑ ❑
If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s)for
the objection providing facts on which your objection(s) are based.
DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY
COMMISSIONERS,OR DESIGNEE
Received 04.16.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams, McKenzie Smith,
LIQUOR&CANNABIS
Washington State Washington State Liquor and Cannabis Board
) g Licensing Division: Cannabis Unit
°=
Liquor and Cannabis Board 1025 Union Ave SE,P.O.Box 43098
Olympia,WA 98504-3098
Customer Service: (360)664-1600
Fax:(360)753-2710\Website:www.Icb.wa.gov
NOTICE OF CANNABIS LICENSE APPLICATION
Please reply to the original email and attach your completed form.
Click the Reply or Reply All option to make sure your response is correctly routed.
DATE: 4/9/2026
TO: MASON COUNTY COMMISSIONERS
RE: Change of Governing People
UBI:I: 6049181310010002
License:437461 -7B APPLICANTS:
HIGHER GROUND CANNABIS LLC
Trade Name: HIGHER GROUND
CANNABIS LLC
DAVID ERRON SEMKEN, 02/08/1985
Loc Addr: 160 W WESTFIELD CT STE D
SHELTON WA 98584-4604
Mail Addr: 720 Pacific Avenue
Tacoma, WA 98402
Contact Phone No.: (20-6)5-51-3
Privileges Applied For:
Cannabis Producer Tier 1
Endorsements Applied For:
As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the
above has applied for a cannabis license. You have 20 days from the date of this notice to provide
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
Washington State Washington State Liquor and Cannabis Board
gLicensing Division: Cannabis Unit
°= Liquor and Cannabis Board 1025 Union Ave SE,P.O.Box 43098
Olympia,WA 98504-3098
Customer Service: (360)664-1600
Fax:(360)753-2710\Website:www.Icb.wa.gov
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 LCB's Cannabis CHRI at (360) 664-1704.
YES NO
1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . . ❑ ❑
2. Do you approve of the location? . . . . . . . . . . . . . . . . . . ❑ ❑
If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s)for
the objection providing facts on which your objection(s) are based.
DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY
COMMISSIONERS,OR DESIGNEE
From: Ron Glowen
To: McKenzie Smith
Subject: Letter to the Mason County Board of Commissioners
Date: Sunday,April 12,2026 12:24:43 PM
Dear Board of Mason County Commissioners,
My name is Ron Glowen. I am a resident of Mason County. I am following up on the
application of Dr. Deborah Nedelcove to the vacant Mason County position on the
Timberland Regional Library (TRL) Board of Trustees, my public comments at the
March 17, 2026 regular Commission meeting, and subsequent developments related
to budget issues and staff layoffs at TRL.
Given the significant impact of TRL's budget shortfall on Mason Country residents
with the impending layoff of staff in our libraries, the reduction of services, and the
resulting conversion of the Hoodsport branch into an unstaffed book depository I am
asking the Commission to take quick action on advancing Dr. Nedelcove's
application. The TRL Board of Trustees needs to be fully staffed to take on the
complex endeavor of stabilizing TRL's budget and preserving unreplaceable services
in our communities.
At this critical moment someone with Dr. Nedelcove's experience in organizational
management, regulatory oversight, quality assurance, and strategic planning would
best serve Mason County residents' interests on the TRL Board.
I am encouraged by Commissioner Tarzwell's and Commissioner Nearthlin's March
30th remarks calling for a meeting of the five counties' Chairs. This is an excellent
idea and I could not agree more that collaboration among the five County
Commissions is of paramount importance to securing TRL's future in our
communities. However, time is of the essence, the TRL Board continues to make
decisions regarding the budget and staff layoffs without representation for Mason
County residents. Why not approve the Dr. Nedelcove's application at the same time
as organizing a meeting between the Chairs of the County Commissions?
I appreciate the Commission's attention to this urgent issue and I look forward to
updates on these developments.
Sincerely,
Ron Glowen
Resident of Shelton
❑® Virus-free.www.avg.com
Received 04.20.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams, McKenzie Smith,
Kell Rowan, Randy Collins,
Sheriff.
tp} ' Central Mason Fire & EMS
Fire Protection Rescue Emergency Medical
Services for Central Mason County
And the City of Shelton
** PRESS RELEASE**
Company: Central Mason Fire Et EMS
Headline: Live Fire Training Burn April 29th and 30th, 2026
on April 29th and 30th, Central Mason Fire Ft EMS (CMFE) will be conducting a
live fire training at 130 E Lighthouse Road. The training will begin at 8:00 am
and continue until 5:00 pm on both days. The height of fire activity will be
between 12:30 pm and 5:00 pm on the 30th. This is a rare and great opportunity
for CMFE, as it gives us the ability to train on fire operations and fire attack in
a real-life scenario. This burn helps reduce costs of demolition for the property
owner.
During the training burn, there will be limited access for local traffic and
pedestrians only.
If you have any questions, please contact anyone below:
Keith Reitz - CMFE Deputy Fire Marshal
Direct: 360-462-5020
Jeff Snyder - CMFE Fire Chief
Direct: 360-462-3019
Central Mason Fire &t EMS
Direct: 360-426-5533
^T : 4k.
Fay. s •,
n�,2r
4
;t .
rr st - �•�r. �Y.
J TN"7
if , 1� •• �r 4
.fit_.x + ^F. . ₹.. �. Nk,!°r. x�'r•
,
Please contact Central Mason Fire St EMS, Chief Brandon Searles (360) 462-3019
or via email at bsearles@cmfe.org if you have any questions.
Release Date: 04.16.2026 Press Release #: 26-001
**END PRESS RELEASE**
Received 04.20.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams, McKenzie Smith,
� r
greg.wheeler@ci.bremerton.wa.us
345 6th Street,Suite 100
Mayor Greg Wheeler Bremerton,WA 98337-1873
March 23, 2026
Dear Honorable Commissioners,
RE: MOU with Mason County for Sewer Service
The City of Bremerton is not moving forward with the proposed Memorandum of
Understanding. We have consistently communicated that a timely and firm
commitment from Mason County to provide sewer service is essential to any
partnership. After many months of document exchanges without such a commitment,
we have reached an impasse. The City will therefore proceed with its sewer planning
independently of Mason County.
The Legislature has amended the Department of Commerce sewer design grant to allow
the City to use the funds for its own planning and design. Collaboration with others
remains permissible but is no longer required. We expect this change to take effect once
the Governor signs the state budget.
Please feel free to contact me with any questions. Thank you for your time and efforts
on this matter.
Sincerely,
Greg Wheeler
Mayor
From: noreply(drevize.com
To: McKenzie Smith
Subject: Question Received from the Mason County Website
Date: Saturday,April 18,2026 10:26:49 AM
Name=Melody Woolf
email= go4itbass@gmail.com
phone=2698739591
issue=Please protect access to plain leaf Kratom for responsible adults
Dear Members of the Mason County Commission,
Thank you for allowing me to add my voice to this very important issue. I am writing to ask
you not to ban plain leaf Kratom and allow access to those who take it responsibly as a drug-
free way to mitigate chronic pain. I bring with me 12 years of positive lived experience with
plain leaf Kratom.
I was mentioned in a recent Reuters news article, and last July, I personally had the brivilege
of being welcomed to the HHS press briefing stage by FDA Commissioner Makary. I have
recently returned home from the International Kratom Science Symposium at the University of
Florida, and was able to discuss safe Kratom use with leading scientists in person.
For over 20 years, I lived with chronic pain from fibromyalgia, arthritis, sciatica, and other
conditions. Before consuming kratom, I was often bedridden and required assistance, which
affected my ability to participate fully in family life.
Eleven years ago, I began consuming plain-leaf kratom, and it gave me back my mobility and
ability to fully engage with my family. In 2022, when my daughter and son-in-law's childcare
closed unexpectedly, I provided full-time care for my granddaughter, saving them
approximately $50,000. This past summer,with major home repairs and high childcare costs, I
again cared for my 31/z-year-old granddaughter for four months, chasing her all over town—
weekly trips to the Zoo, the library, and every nearby splash pad.
I participate in local and state-level meetings on kratom regulation and spoke one-on-one with
roughly 200 state legislators at the NCSL conference. I will be attending a scientific
symposium again this year, where I will share my personal experience alongside researchers
and regulators. I was also asked to speak at a joint HHS/FDA press briefing about the benefits
of kratom and to distinguish it from the dangerous 7OH.
Outside of advocacy, I sing in a chorus,performing for nursing homes and assisted living
facilities as a form of community service, helping bring joy and connection to others.
My personal experience demonstrates the profound impact kratom has on function, family life,
and community engagement, and underscores the importance of patient perspectives in
informing science and policy.
Please support protecting plain leaf Kratom, with common sense regulations such as an age
gate, and truthful packaging, while prohibiting products where the package shows that it
contains over 2% of the metabolite 7-OH (7-hydroxymitragynine) as well as banning all other
synthetics.
Please do not ban plain leaf Kratom for those who take it responsibly. My number is 269 873-
9592. More information and the science is found on my Linkedln Profile:
https://www.linkedin.com/in/melody-woolf-366a7b 146?
utm_source=share&utm_campaign=share_via&utm_content=profile&utmmedium=iosapp
Best regards,
Melody Woolf
preferred_contact=email
select-1765208721322 =option-1
Client IP= 174.84.238.25
From: Heather Weaver
To: McKenzie Smith
Subject: Wake Boat Ban-Concerns of Mason Lake Impact
Date: Friday,April 17,2026 12:43:28 PM
Please share with the county commissioners and county administrator. I could not find
individual email addresses.
Dear Commissioners,
I recently learned about a proposal to ban wake boats on all county lakes except for Lake
Cushman and Mason Lake. I agree that these boats can cause a lot of damage to shoreline and
habitats, and I understand the intent behind it. I am writing because I have major concerns of
how the implementation of this ban will funnel additional wake boat traffic on to Mason Lake.
We already have a large number of wake boats on Mason Lake, and an influx of additional
boats that do not typically use the lake will be detrimental to the quality of life for those on the
lake. While Mason Lake is a large lake, it has never had much if any enforcement presence
and I don't expect the county has the resources to change that and continuously enforce a 250-
foot shoreline limit. While some wake boats are considerate and keep a distance from the
shoreline, many do not. Our family has owned property on Mason Lake since the 70s and we
have seen the changes in quantity and types of watercrafts over the decades. We already have
issues with huge crashing waves hitting the shore and the docks on Mason Lake and it
damages our lake too. I cannot speak to Lake Cushman.
This new ordinance will just move the problem from smaller lakes onto a bigger lake and
make the existing issue worse for Mason Lake residents. While I recognize the intent behind
the ordinance, you are not considering the impact that it will have to the two remaining lakes
where wake boats will be allowed. I guarantee our shorelines, bulk heads, docks and boats are
experiencing the same damage due to wake boats—I have seen it firsthand as have many
others. This ordinance will only move the problem from some lakes and make it exponentially
worse on the two remaining lakes.
While I agree this is a growing issue that is worth examining, it is not fair to shift the burden
of additional damage to Mason Lake and Lake Cushman.
Sincerely,
Heather Weaver
t i ,v L Received 04.20.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
APR 2 0 2026 Travis Adams,McKenzie Smith
February 17, 2026
Mason County Commissioners
411 N. 5th Street
Shelton, WA 98584
Thurston County Commissioners
3000 Pacific Ave. SE, Room 110
Olympia, WA 98501
Dear Commissioners,
At a recent meeting of representatives from several Friends of the Libraries in the
Timberland Library system, we all shared a common dismay that there are still two
vacancies on the Trustees board.
Timberland Regional Libraries and its Board of Trustees are facing significant challenges
including accountability and transparency. There are personnel changes, including the
resignation of the executive director. Although many of the layoff notices for a large
number of front-line staff have been rescinded, the uncertainty of these times is taking a
toll. There seems to be a morale issue among employees that won't be easily solved. And
there appears to be great concern, if not anger, among the patrons of the libraries in our five
counties. If, indeed, a levy lid lift is in our future, its successful passage will be very difficult
until these issues are addressed.
We believe these challenges can best be met with a full slate of trustees. The two vacant
positions are a trustee from Mason County and a member-at-large from Thurston County.
Are there any applications currently under consideration? If there are no applications, is
information getting out to these two counties that is encouraging individuals to apply? How
long has the Board of Trustees been meeting with these two positions vacant? If a
proposed candidate is not being approved by Commissioners, isn't it time to move to
another candidate? We urge you to do all you can to fill these positions as soon as possible
as the Library seeks to"move forward".
Sincerely,
Mar aret olvin
PO Box 743
Tenino, WA 98589
Mcolvin1951@gmail.com
Board of Mason County Commissioners' Briefing Minutes
Mason County Commission Chambers,411 N 5th Street,Shelton,WA 98584
Week of April 13,2026
Monday,April 13,2026
9:00 A.M. Executive Session—RCW 42.30.110(1)(c)Real Estate
Commissioners Neatherlin,Tarzwell,and Trask met in executive session for real estate from 9:00 a.m.
to 9:15 a.m.Travis Adams and Christopher Pinkston were also in attendance.
9:15 A.M. JCI(Johnson Controls)Presentation
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• JCI provided a presentation on a project development proposal for Mason County. Approved to move
forward.
9:30 A.M. Support Services—Travis Adams
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Tenielle Masteller shared the Board of Equalization application for reappointment from Katherine
Diane McLean. Approved to move forward.
• Travis continued the discussion on wake-enhanced motorboat operation on Mason County lakes.
• Travis shared a letter of support to the Washington Department of Fish&Wildlife's proposed trail
renovation project at the Theler Wetland. Approved to move forward.
9:45 A.M. Public Health—David Windom
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Ian Tracy shared proposed changes to Mason County Code Chapter 6.64 Group B Water System
Regulations. Approved to move forward.
9:50 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Loretta discussed the Utility Construction Agreement Amendment Authorization for the State Route
302(SR 302)Victor Creek Project. Approved to move forward.
• Richard Dickinson requested to advertise a Solid Waste position. Approved to move forward.
• Loretta reported that reduced speed and pedestrian signs have been installed in Union. Traffic counters
have also been installed to monitor the level of traffic.
• Loretta reported that reduced speed signs have also been installed near Lake Nahwatzel.
• Richard reported that the Beards Cove pump 5 will be replaced in approximately two weeks.
Respectfully submitted,
McKenzie Smith,
Clerk of the Board
Prepared by Cami Olson
BOARD OF MASON COUNTY COMMISSIONERS
Pat Tarzwell, Randy Neatherlin, Sharon Trask,
Chair Vice-Chair Commissioner
April 13,2026 I Page 1 of I
Board of Mason County Commissioners' Briefing Minutes
Mason County Commission Chambers,411 N 5th Street,Shelton,WA 98584
Week of April 20,2026
Monday,April 20,2026
9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin,Tarzwell,and Trask met in closed session for labor discussion from 9:00
a.m.to 9:30 a.m.Travis Adams and Christopher Pinkston were also in attendance.
9:30 A.M. Economic Development Council(EDC)—Kevin Shutty
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Kevin Shutty and Annette Roth provided a quarterly update on the work of the EDC. Topics included a
grant from the United States Department of Agriculture,expansion around farmer's markets,hiring a
temporary position for project management and implementation,the child care grant and coalition
meetings,the selection from the University of Washington(UW)for a grant to help the maritime
economy in partnership with Pacific County,the potential move of an aquaculture company relocation
from British Columbia,the Comprehensive Economic Development Strategy(CEDS) list,and funding
to support the CEDS list update.
9:30 A.M. Community Development—Kell Rowen
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Randy Collins presented proposed revisions to the bum Ordinance,Mason County Code Chapter 9.48
—Outdoor Burning Program.Changes include the Memorandum of Agreement with the Olympic
Region Clean Air Authority(ORCAA)and adding definitions.Approved to move forward.
9:45 A.M. Public Health—David Windom
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Melissa Casey discussed the North Mason Regional Fire Authority(NMRFA)Syndemic
Clinical Services contract amendment.Approved to move forward.
9:50 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Tarzwell,and Trask were in attendance.
• Mike Collins requested to set a hearing for the Road Improvement District(RID)no.2024-01 for
Shetland Road for Tuesday,June 9,2026,at 9:15 a.m. at which the Board of County Commissioners
will sit as the Board of Equalization to consider the Final Assessment Roll for the Shetland Road RID
and consider the establishment of the road into the county road system and setting a speed limit.
Approved to move forward.
• Loretta discussed the adoption of the Mason County Language Access Plan(Title VI Compliance).
Approved to move forward.
• Loretta shared the Skokomish Ecosystem Cost-Share Agreement Final Cost Accounting for
Preliminary Engineering and Design(PED)Phase and request to use Real Estate Excise Tax(REET)2
funds for payment to the United States Army Corps of Engineers(USACE)in the amount of
$94,648.49.Approved to move forward.
9:50 A.M. Support Services—Travis Adams
• Travis reiterated that proposals are being solicited from qualified attorneys,private law
firms,nonprofit entities, and public agencies to provide public defense services for
Mason County.
• Travis presented a letter of appreciation for the presentation of the American flag crafted
from Mason County timber to members of America 250.
• Travis reminded the Commission about the upcoming Public Hearing for the wake boat
ban ordinance.
• Travis asked about Short-Term Rental(STR)regulations and the path forward.
April 13,2026 I Page 1 of 2
Board of Mason County Commissioners' Briefing Minutes
Mason County Commission Chambers,411 N 5th Street,Shelton,WA 98584
• Jennifer provided the March 2026 financial report.Current Expense revenue$10,161,954 at 21%.
Treasurer Department receipts$6,359,291 at 20%. Current Expense expenditure$15,347,632 at 27%.
Six-year specific revenue streams: Community Development revenue$446,742;Detention and
Correction services$20,070;Current Expense property tax$1,077.990;Road Diversion property tax
$213,812;County Road property tax$1,011,066;Current Expense sales tax$2,433,187;Criminal
Justice tax$527,290;Rural Sales and Use tax$295,278;Homelessness Prevention filings$161,490;
Lodging tax$175,735;and Real Estate Excise Tax(REET) 1 and 2$270,977 each.Total collected
revenue$2,443,186;revenue budgeted$9.6 million;and projected end of year revenue$10,678,358.
Current Expense cash$19,208,200. Special Fund cash$70,200,956.Motor Pool expenditure$397,895
at 20.47%. Special and Other funds revenue$10,328,626 at 17%. Special and Other funds expenditure
$10,371,269.Total County debt$14,511,586.Total debt capacity$203,161,663.
• Cmmr.Tarzwell discussed the meeting with the five Counties regarding the Timberland
Regional Library(TRL);Thurston County will not concur with Dean Jewett's
appointment.
• Commissioners had additional discussions around adding jet boats to the ban on wake
boat ordinance.
• Cmmr.Tarzwell asked for an update on an abatement property. Cmmr.Trask discussed
creating an abatement fund and using the$250k to fund that.
Respectfully submitted,
McKenzie Smith,
Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Pat Tarzwell, Randy Neatherlin, Sharon Trask,
Chair Vice-Chair Commissioner
April 13,2026 I Page 2 of 2
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 5th St, Shelton, WA 98584
April 14, 2026
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance—Eric Onisko led the flag salute.
3. Roll Call—Present: Commissioner District 1 —Randy Neatherlin; Commissioner District 2—
Pat Tarzwell; Commissioner District 3 —Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Correspondence was received from Taylor Stratton,Maddy Kaha,Keith Drescher,Paula
Gertsmann,and Kathleen Kelly regarding the Timberland Regional Library(TRL)Board
of Trustees.
4.1.2 Federal Energy Regulatory Commission(FERC)sent a letter regarding Notice of
Application for Non-Capacity Amendment of License Accepted for Filing, Soliciting
Comments,Motions to Intervene,and Protests.
4.1.3 Washington State Liquor and Cannabis Board sent in local authority renewal notice.
4.1.4 Katherine Diane McLean applied for reappointment to the Board of Equalization(BOE).
4.1.5 Washington State Liquor and Cannabis Board sent in a notice of liquor license application
for Ii Canale LLC.
4.1.6 Washington State Liquor and Cannabis Board sent in correspondence regarding the
temporary discontinue extension for Hazy Daze Inc.
5. Open Forum for Citizen Input
Pastor Mike Katz,Hood Canal Community Church,provided a word of blessing.
Susan Kirchoff,Youth Connection, discussed the Point-in-Time count data was discussed;
while limited to a single night, it indicates the rate of homelessness growth is slowing,
suggesting current efforts are helping. Youth Connection reported 86%housing placement.
The Washington State Department of Commerce Snapshot Report,which collects data over
multiple nights,was recommended for a more accurate view. The Mimosa Celebration Lunch
at Little Creek Casino has been rescheduled to September 12,2026.
6. Adoption of Agenda
Cmmr.Trask/Neatherlin moved and seconded to adopt the agenda as published.Motion carried
unanimously.Neatherlin-aye; Tarzwell-aye; Trask-aye.
7. Approval of Minutes
Cmmr.Neatherlin/Trask moved and seconded to adopt the March 30 and April 6,2026 Briefing
Minutes and March 31,2026 Regular Minutes as presented.Motion carried unanimously.
Neatherlin-aye; Tarzwell-aye; Trask-aye.
8. Approval of Action Agenda
8.1 Approval of Warrants and Treasurer Electronic Remittances
Claims Clearing Fund Warrant#812008-8120204 $ 507,022.90
Treasurer Electronic Remittance $ 307,964.02
8.2 Approval of the interlocal agreement(ILA)for Medical Examiner Facility use with Kitsap
County. (Contract No.26-017)
8.3 Approval of the Resolution for County Road Project(CRP)No.2075,Bear Creek Dewatto
Road Improvement Project; authorize the Public Works County Engineer to advertise, set bid
dates and times; award contract;and for the County Engineer and/or the Chair to sign all
pertinent documents. (Resolution No.2026-013)
8.4 Approval of the ILA with the City of Shelton and Shelton School District for the operation of
the Shelton Skate Park. (Contract No.26-018)
8.5 Approval to extend the contract with Cabot Dow for consultant services through December 31,
2027,in the amount of$20,000. (Contract No.22-038)
8.6 Approval to set a Public Hearing for Tuesday,May 12,2026,at 9:15 a.m.to consider the
proposed amendments to Mason County Code Chapter 17.05.034—Granting of Variances
Authorized.
8.7 Approval for the Chair to sign the contract agreement between Hood Canal Coordinating
Council(HCCC)and Mason County Public Health for the Hood Canal Regional Pollution
Identification and Correction Program Phase 5. (Contract No.26-019)
8.8 Approval to move forward with the Recreation and Conservation Office(RCO)grant to replace
the turf fields at Mason County Recreation Area(MCRA).
8.9 Approval of the letter of support for the Washington State Department of Fish and Wildlife's Proposed
Trail Renovation Project at the Theler Wetlands
8.10 Approval to establish next steps for Tier 2 Clean Building Performance Standard requirements
and work with JCI(Johnson Controls).
Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.10 with the
removal of item 8.4 for further discussion.Motion carried unanimously.Neatherlin-aye;
Tarzwell-aye; Trask-aye.
Item 8.4
Susan Kirchoff requested information regarding this agreement. Cmmr. Tarzwell explained that the
Interlocal Agreement with the City of Shelton is to continue to maintain the park. Eric Onisko,City
of Shelton Council member,explained that they will be doing a structural analysis on the skate park
later this year to see if the structure can be saved.
Cmmr.Trask/Neatherlin moved to approve Item 8.4 ILA with City of Shelton and Shelton
School District for the operation of the Shelton Skate Park. Motion carried. Neatherlin-aye;
Tarzwell-aye; Trask-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
No Public Hearings set at this time.
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 9:28 a.m.
April 14, 2026 I Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board Pat Tarzwell, Chair
Prepared by Cami Olson
Randy Neatherlin,Vice-Chair
Sharon Trask, Commissioner
April 14, 2026 I Page 3 of 3
Mason County Elected Official/Director Meeting
Minutes
Commission Chambers
411 N 5th St, Shelton, WA 98584
April 14, 2026
10:30 a.m.
1. Call to Order—The Chairperson called the Elected Official meeting to order at 9:00 a.m.
2. Elected Official and Director Updates
4.1 Superior Court—Judge Cobb
Judge Cobb reported that Cheryl Green,Family Law Faciliatory,has retired and,Anna Olson has
assumed the role. The training overlap during the transition was very helpful and Anna is settling
into the position well. Kelly Frazier and the facilities crew have been working to clean and improve
the old courthouse,making it more functional. However,the court continues to face challenges
with attorney availability,which impacts multiple agencies, including the Sheriff's Office,
Prosecuting Attorney and other departments. Judge Cobb also noted that he has reached out to
local legislators regarding truancy enforcement,expressing concern that the current process is not
effective.
4.2 Prosecutor—Michael Dorcy
Mike Dorcy reported that the office has been short-staffed with attorneys from 2018 until recently,
but is now back to full staff,which is a positive development. Over the past year and a half,there
has also been staff turnover, including the departure of several long-time employees,resulting in a
loss of institutional knowledge. At the same time,Mike noted that bringing in new staff offers the
benefit of fresh perspectives and opportunities for training. Randy asked if there was anything that
could be done to assist,and Mike responded that it will primarily take time to rebuild experience
and continuity.
4.3 Assessor—Patti McLean
Patti McLean expressed appreciation to her staff for their continued hard work. To assist with
Board of Equalization(BOE) appeals,the office has hired an additional field appraiser. She
reported the addition of a new television in the lobby that provides educational information to the
public,including a tutorial on the inspection process. The resource has been well received. The tax
roll was certified on time. For 2026,there have been 175 BOE appeals. Patti noted concerns that the
BOE is not consistently following established rules and procedures,which has created additional
workload for staff. There has also been an increase in agitated taxpayers,both in the field and at the
counter. The office anticipates a rise in applications for the senior and disabled exemption program.
Additionally,there has been an influx of title search review requests, as title companies are now
directing customers to the Assessor's Office, further increasing workload. Open space
classifications and senior exemption accounts are regularly reviewed and audited. Property owners
who do not respond to requests for information will be sent certified letters.
4.4 Auditor—Steve Duenkel
Steve Duenkel expressed appreciation for the staffs hard work and support.Ballots have been
distributed for the April 28,2026, special election,and preparations will soon shift to candidate
filing. The office is finalizing new ballot return envelope designs to meet state standards and has
installed a new ballot drop box in Matlock,with another planned near Shelton. Efforts continue to
expand voter outreach at the county jail.Work is also underway to implement a frozen deed
service, complete the 2025 annual report, and fill positions on the salary commission,all while
focusing on improving services for the community.
4.5 Clerk—Charles Rhodes
Charles Rhodes expressed appreciation for staff,noting a nearly full team with all employees off
probation and a balanced mix of experience levels. Significant progress has been made in
organizing and managing records, including restructuring file storage to improve accessibility and
reduce retrieval times. Efforts are ongoing to digitize records and address space limitations.
Updates to the jury management system have improved efficiency,reduced processing issues, and
increased response rates. Overall,the office has streamlined operations, improved access to
information,and enhanced service to the courts and public.
4.6 Coroner—Jaime Taylor
Jaime Taylor expressed appreciation for the dedication of a very small staff,noting that two full-
time employees provide round-the-clock coverage,though one position was recently lost due to the
mental strain of the work. The office is experiencing increases in both homicides and drug
overdoses—particularly involving methamphetamine,including among elderly individuals—which
has added significant pressure. Despite these challenges and the emotional toll, staff continue to
manage the workload and perform their duties as best they can.
4.7 District Court—Judge Steele
Judge Steel reported that the office is currently fully staffed,with one upcoming vacancy that will
be filled after implementation of a new case management system. Overall operations are stable,
with strong internal staff and effective leadership from the new court administrator. However,
significant external challenges remain,including lengthy delays at the state toxicology lab,which
are impacting case processing. Concerns were also raised about potential court rule changes that
could affect case outcomes and pretrial procedures. Additionally, ongoing shortages in public
defense attorneys have resulted in case dismissals due to speedy trial requirements,and the lack of
available attorneys statewide continues to pose a serious obstacle to meeting new caseload
standards.
4.8 Treasurer—Brittany Pearson
Brittany Pearson reported that the office is currently in a very busy period with first-half property
taxes due April 30,resulting in high call volumes,counter traffic, and incoming mail. Staff are
working as a coordinated team to process payments and keep operations moving efficiently. A
recent tax foreclosure sale resulted in 10 parcels being sold. The office also recognized the
retirement of a long-term employee,and a promotion was made to fill her supervisory role,leaving
a vacancy that is now open for recruitment. Despite the workload and staffing transition,the office
reports that operations are stable and staff are effectively managing the peak season.
4.9 Sheriff's Office—Sheriff Spurling
Sheriff Spurling thanked the elected officials and staff, emphasizing the importance of their shared
role in serving the community and recognizing the long history and legacy of county government.
He highlighted concerns regarding proposed legislation(Senate Bill 5974),which he believes could
shift authority over elected sheriffs away from voters and toward appointed bodies, and he noted
ongoing related legal challenges. He also reported increased workloads in areas such as DUIs and
warrants but stated that staffing levels are currently strong and allowing for more proactive
policing. He shared appreciation for strong community support,including donations that funded a
DARE vehicle, and invited officials to attend upcoming community meetings and town halls,
including one scheduled for the 28th at PUD 3.
The Commissioners thanked the elected officials and staff for all that they do for Mason County.
3. Adjournment—The meeting adjourned at 10:59 a.m.
21 April 14, 2026 Elected Official / Director Minutes
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board Pat Tarzwell, Chair
Prepared by Cami Olson
Randy Neatherlin,Vice-Chair
Sharon Trask, Commissioner
31 April 14, 2026 Elected Official / Director Minutes
Mason County
Agenda Request Form
issa
To: Board of Mason County Commissioners Item No. 8.1
From: Kariann Rutledge Ext: 380
Department: Central Services Briefing: ❑
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): Click or tap here to enter text. Agenda Date(s): April 28th,2026
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item:
Approval of Warrants&Treasurer Electronic Remittances
Claims Clearing Fund Warrant#8120205-8120744 $ 1,678,283.10
Direct Deposit Fund Warrant# 125071-125482 $ 980,957.66
Salary Clearing Fund Warrant#7009598-7009637 $ 1,395,274.50
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 $ 19,432,444.33
Direct Deposit YTD total $ 6,938,663.32
Salary Clearing YTD total $ 7,206,122.98
Budget Impact(amount, funding source,budget amendment, etc.):
See above.
Public Outreach:
N/A
Requested Action:
Approval of the aforementioned Claims Clearing Fund,Direct Deposit Fund, Salary Clearing Fund, and
Treasurer Electronic Remittance warrants.
Attachment(s)•
Originals on file with Financial Services and the Treasurer's Office; copies on file with the Clerk of the
Board
Mason County
Agenda Request Form
issa
To: Board of Mason County Commissioners Item No. 8.2
From: Tenielle Masteller Ext:268
Department: Human Resources Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 13,2026 Agenda Date(s): April 28,2026
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:
Reappointment of Katherine Diane McLean to the Board of Equalization
Background/Executive Summary:
The Board of Equalization(BOE)is a three-member board appointed by the County Commissioners.
Members are appointed for staggered,three-year terms ending on May 31. The BOE consists of three
regular members and two alternate members. The BOE's responsibility is to ensure that all property
valuations are at 100%of market value, so equitable tax assessment is 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.
Associated Costs/Budget Impact(amount, funding source,budget amendment, etc.):
Members receive $100 per diem when is session,per diem is budgeted.
Public Outreach:
News Release
Requested Action:
Approval to reappoint Katherine Diane McLean to the Board of Equalization(BOE) for a three-year term
expiring May 31,2029.
Attachment(s):
Application
Letter
Received 04.03.2026
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams,McKenzie Smith,
Tenielle Masteller.
Entry#: 72 - Board of Equalization(BOE) Status: Submitted Submitted: 4/2/2026 4:38 PM
S, CooNTo Advisory Board Name:
Board of Equalization (BOE)
1854
Name: Today's Date:
Katherine Diane McLean 4/2/2026
Address
Voting Precinct: Phone Email
(
Community Service: Employment:
Vice Chair, Board of Equalization Director, Intellectual Property& Licensing, University of Alaska
Board Vice Chair, Hood Canal Salmon Enhancement Group Managing Partner, 65th Parallel, LLC
Member, League of Women Voters Program Manager, Office of the Vice Chancellor for Research,
One term member, LMT Area Agency on Aging University of Alaska Fairbanks
Member, UW Medical Center Patient & Family Advisory Deputy Director, Office of Sponsored Programs, University of
Committee Alaska Fairbanks
Member, Fred Hutch Patient Advisory Committee
What do you perceive is the role or purpose of this advisory board?
The BoE examines, compares, and equalizes the appealed returns of county property assessment of the county so that each
subject property is assessed at its true and fair value.
What interest or skills do you wish to offer this advisory board?
Technology valuation; market evaluation; executive administration experience;
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?
Weekly Yes
,v cot+
' April 28,2026
Katherine Diane McLean
MASON COUNTY Re:Reappointment to the Board of Equalization
BOARD
OF Dear Katherine,
COMMISSIONERS
We are pleased to inform you of your reappointment to the Board of Equalization(BOE)to fill an
unexpired term ending May 31,2029.
1sT District
RANDY Nstrict LIN Tenielle Masteller, Administrative Clerk, will serve as your primary point of contact and will
provide meeting details and additional information.If you need to reach her,please call(360) 427-
9670 ext.268 or at tmastellergmasoncountywa.gov.
2nd Dlstnct
PAT TARZWELL For additional information regarding service on county boards and commissions,please review the
Mason County Boards and Commissions Handbook,available on the Mason County website.
3rd District
SHARON TRASK As a member of an advisory board, you are also asked to become familiar with the Open Public
Meetings Act(OPMA)and the Public Records Act(PRA), as advisory boards are subject to these
requirements.Online training is available through the Washington State Attorney General's Office
at https://www.atg.wa.gov/open-government-training. Please complete Lessons 2 and 3 at your
Mason County Building 1 earliest convenience as this needs to be redone every four years. Once you have completed the
training,kindly notify Tenielle Masteller so that completion can be documented.
411 North Fifth Street Thank you for your willingness to remain serving. We greatly appreciate your commitment to the
community and are confident that your continued participation will be a valuable asset to the
Shelton,WA 98584-3400 Advisory Board.
(360)427-9670 ext.419 Sincerely,
Fax(360)427-8437
Pat Tarzwell, Randy Neatherlin, Sharon Trask,
Chair Vice-Chair Commissioner
�hON C:OUL/'
.1 t•
Mason County
Agenda Request Form
IB54
To: Board of Mason County Commissioners Item No. 8.3
From: Travis Adams Ext: 530
Department: Support Services Briefing:
Action Agenda: ❑X
Public Hearing:
Special Meeting: ❑
Briefing Date(s): 4/6/2026 Agenda Date(s): 4/28/2026
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:Wake Boat Ordinance with Legal Review
Background/Executive Summary:
The Board of County Commissioners has received complaints regarding wake-enhanced motorboat
operation causing property damage to shoreline property. The Mason County Code does not currently
have any Ordinance surrounding the use of wake-enhanced motorboats. This Ordinance would ensure
proper wake-enhanced motorboat operation occurs in a safe environment where no threat to property or
life is present.
Associated Costs/Budget Impact(amount, funding source,budget amendment,etc.):
N/A
Public Outreach:
Public hearing to be held on 5/26/26
Requested Action:
Set a public hearing date on the proposed Ordinance for 5/26/26.
Attachment(s):
Notice of Hearing
Wake Boat Ordinance with Legal Review
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton,
WA 98584 on Tuesday,May 26th,2026 at 9:15 a.m.
SAID HEARING will be to take public comment on the wake-enhanced motorboats
Ordinance.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the "raise hand"
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith(a�masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA
98584; or call(360)427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, (360) 427-
9670 ext. 419.
DATED this 28st day of April,2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Central Services
411 N 5th Street
Shelton,WA 98584
Cc: Commissioners
Shelton Journal: Publ. 2t: May 7, 2026 &May 14, 2026
Chapter 9.04 MCC—Motorboats
9.04.4XX Wake-Enhanced Motorboat Operation
A. Purpose.
The purpose of this section is to regulate wake-enhanced motorboat operation on lakes within
Mason County in order to protect shoreline property, aquatic habitat, water quality, and public
safety, while allowing such operation only where lake depth and configuration can reasonably
accommodate enhanced wake activity without causing undue harm.
B. Definitions.
Wake boat. A motorized watercraft that is designed or operated to intentionally create an
enhanced wake, including but not limited to vessels equipped with ballast tanks, ballast bags, or
wake-shaping devices such as surf gates, wake plates, trim tabs, or similar devices intended to
increase, shape, or redirect wake size.
Wake-enhanced operation. Operation of a wake boat while ballast tanks or ballast bags are filled
or partially filled, wake-shaping devices are deployed or engaged, or the vessel is operated in a
manner intended to maximize wake size or surfable wave characteristics.
Ordinary operation. Operation of a vessel without intentionally enhancing wake size, including
operation with ballast systems emptied and wake-shaping devices disengaged.
Shoreline. The ordinary high water mark of a lake, including adjacent docks,piers, bulkheads, or
shoreline stabilization structures.
C. General Prohibition.
Wake-enhanced operation of a wake boat is prohibited on all lakes within Mason County unless
the lake meets the eligibility criteria set forth in subsection D of this section.
D. Eligible Lakes for Wake-Enhanced Operation
Wake-enhanced operation may occur only on lakes that meet all of the following criteria:
• The lake contains sufficient open-water area located at least two hundred fifty (250) feet from
the shoreline, where the water depth is twenty (20) feet or greater;
• Wake-enhanced operation may occur only within areas that are both at least two hundred fifty
(250) feet from the shoreline and twenty(20) feet or greater in depth;
• The size, shape, and configuration of the lake must reasonably allow wake-enhanced operation
to occur within such areas without requiring repeated or continuous operation within areas that
do not meet these criteria.
Lakes that do not meet all of the above criteria shall not support wake-enhanced operation.
E. Relationship to Other Restrictions.
Nothing in this section authorizes wake-enhanced operation on any lake otherwise restricted by
ordinance, resolution, or state law.
F. Allowed Operation.
Nothing in this section prohibits:
Ordinary operation of wake boats with ballast systems emptied and wake-shaping devices
disengaged;
Operation of motorboats not engaged in wake-enhanced operation; or
Lawful boating activities otherwise permitted under Chapter 9.04 MCC.
G. Determination and Enforcement.
This section shall be enforced by the Mason County Sheriff or other authorized enforcement
personnel. Determination of whether a lake meets the eligibility criteria may be based on
published bathymetric data, government-issued depth maps or studies, or other reliable technical
information. Observation of deployed ballast systems, wake-shaping devices, or wake
characteristics consistent with wake-enhanced operation may constitute probable cause for
enforcement. A violation of this section constitutes a violation of Chapter 9.04 MCC and is
subject to the penalties provided therein.
H. Education and Signage.
The County may provide signage at public boat launches and educational materials describing
wake-enhanced operation restrictions and eligibility criteria.
Mason County
Agenda Request Form
issa
To: Board of Mason County Commissioners Item No. 8.4
From: Ian Tracy Ext:544
Department: Public Health Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 13,2026 Agenda Date(s): April 28 2026,Hearing May 26,
2026
Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ IT ❑ Risk ❑ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Mason County Code Chapter 6.64 Group B Water System Regulations
Background/Executive Summary: Mason County regulates the construction and maintenance of public
water systems with nine or fewer connections under the authority of WAC 246-291. We have drafted
proposed changes to Mason County Code 6.64-Group B Water System Regulations.
The changes address out-of-date code references, clarify confusing or conflicting language, and restore
consistency with state regulations.
The following are some of the most notable changes:
• Require regular water quality monitoring.
• Removal of the Water System Designer Certification program. This program has been defunct
for many years.
The WA State Dept. of Health, Office of Drinking Water,reviewed the proposed changes and found them
to be consistent with state code.
On March 24th,the Mason County Board of Health reviewed and approved the proposed changes.
Associated Costs/Budget Impact(amount, funding source,budget amendment, etc.):N/A
Public Outreach: Notice of Hearing
Requested Action: Approval to set a public hearing for May 26th, 2026 at 9:15am to approve the
ordinance to amend Mason County Code Chapter 6.64 Group B Water System Regulations.
Attachment(s): Draft Ordinance, Notice of Hearing
ORDINANCE NO.
AN ORDINANCE TO AMEND MASON COUNTY CODE TITLE 6, CHAPTER 6.64 GROUP
B WATER SYSTEM REGULATIONS
WHEREAS,Mason County Code Title 6, Chapter 6.64 Group B Water System Regulations were
last amended in 1996 via resolution number 68-96; and
WHEREAS,the existing language does not conform to current state code requirements; and
WHEREAS,RCW 70.05.060 directs the local board of health to enact rules and regulations as are
necessary to preserve,promote, and improve public health and provide for the enforcement
thereof; and
WHEREAS,the Washington State Department of Health, Office of Drinking Water, reviewed the
proposed amendments and found them to be compliant with WAC 246-291; and
WHEREAS,the Mason County Board of Health reviewed and approved the proposed
amendments on March 24,2026; and
WHEREAS, a public hearing was held on May 26, 2026 in accordance with Mason County Code
6.04.060; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered all written and oral arguments,testimony,and comments presented; and
NOW, THEREFORE,BE IT ORDAINED,the Mason County Board of Commissioners hereby
approves and adopts revisions to Mason County Code Title 6.64,which is to read:
Chapter 6.64 GROUP B WATER SYSTEM REGULATIONS
6.64.010 Authority.
Pursuant to the authority of Chapters 43.20,43 0,70.05,70A.1004-6, 70A.14259A and 70.142 RCW,this
chaptcr is cstablishcd as minimum rcquircmcnts of thc Mason County board of hcalth,and 70A.130 RCW,this
chapter is established as minimum requirements of the Mason County Board of Health,governing Group B public
water systems in Mason County.
(Res. 68-96(part), 1996: § 1 of Ord. dated 3/3/94).
6.64.020 Purpose.
The purpose of this chapter is to assurc ensure the protection of public health by:
(a4) Minimizing the potential for public exposure to unsafe drinking water;
(b2) Establishing location, design, installation and management requirements for public water systems to
accommodate safe and reliable drinking water sources.
(Res. 68-96(part), 1996: §2 of Ord. dated 3/3/94).
6.64.030 Administration.
The Mason County health scrviccs Ddirector,through the authority delegated by the Mason County bBoard
of#Health,and the Mason County hHealth Oefficer shall administer this chapter. Fees may be charged for this
administration.
(Res. 68-96(part), 1996:§3 of Ord. dated 3/3/94).
6.64.040 Definitions.
The definitions of terms in Chapter 246- 291 WAC are adopted and incorporated by reference. In
addition,the following definitions shall also apply in this chapter:
"Board" means the Mason County Board of Health.
"Department" means the Mason County Ddepartment of Public Health and Human Sservices.
"Director" means the Mason County dDirector of Public#Health and Human sServices or an authorized staff
member_of the hcalth d partment staff
"Group B water system" means water system consisting of two to nine connections and/or serving less than
twenty five people for sixty days or.....,r.,/. ear.
"Purveyor"
means an agency,subdivision of the state, municipal corporation,firm, company, mutual, or
cooperative association, institution, partnership or person or other entity owning or operating a public water
system. Purveyor also means the authorized agents of such entities
"Water system owner" means the owner of the system or the designated manager of the system.
"2-Party water system" means a drinking water well with two service connections and may also be referred
to as a 2-Party well. This is a non-public water supply for the purposes of determining minimum land area
requirements.
(Res.68-96(part), 1996:§4 of Ord. dated 3/3/94).
6.64.050 Applicability.
This chapter shall apply to all Group B water systems except the following:
(a) Existing nonexpanding Group B water systems. However,this chapter shall be applied to the maximum
extent feasible for the water system and the appropriate permits shall be r red.This chapter applies to
new and expanding Group B water systems and 2-Party water systems.
(b) Where any of the requirements of this chapter conflict with one another or with any requirements of other
state or local drinking water regulations,the more stringent requirement shall apply.
(Res. 68-96(part), 1996: §5 of Ord. dated 3/3/94).
6.64.060 Minimum standards and adoption by reference.
(a) Chapter 246-29Q-291 WAC, Drinking Water RcgulationsGroup B Public Water Systems as presently
constituted and as hereafter amended, is adopted and incorporated by reference in this chapter as minimal
standards governing the location,design, operation and monitoring of Group B public water systems in
Mason County.Copies of said document shall be kept on file and made available for public inspection at the
department office.
(b) Standards for design and construction shall be established and maintained by the department.Said
standards shall be called "Mason County Department of Health Services Water System Design and
Construction Standards Systems," as presently adopted and any future revisions are
hereby adopted and incorporated by reference in these regulations. Copies of said document shall be
maintained and made available to the public at the Mason County Public Health office.and shall, upon
completion, apply to all Group B water systems.Copies of said document shall be kept on file and made
available for public inspection at the department office,
(c) Permits shall be required prior to a construction of any Group B or 2-Party water system-w11. Permits shall
be valid for two-five years from their inspection date. Permit fees shall be charged according to the"Mason
County Department ofEnvironmental Health Services Fee Schedule." Copies of said document shall be
maintained and made available to the public at the Mason County Public Health office.Cepies of said
document shall be kept on file and made available for public inspection at the department office.
(Res. 68-96(part), 1996:§6 of Ord. dated 3/3/94).
6.64.070 Certified water system designers.
(a) Design Reports shall be submitted in accordance with WAC 246-291-120.Water systems shall be
designed by a person who has specific expertise regarding design,operation,and maintenance of
public water systems.
(1) Design Reports shall be prepared,sealed,and signed in accordance with chapter 196-23 WAC by a
professional engineer unless the proposed design meets the following criteria:
(i) Does not use a variable speed pump;
(ii) Does not provide fire flow;
(iii) Does not have special hydraulic considerations;
(iv) Does not have atmospheric storage in which the bottom elevation of the storage reservoir is
below the ground surface;and
(v)Serves fewer than ten service connections
(a) Any work associated with the dcsign of a new Group B water system within Mason County shall be
performed by a designer certified by the department except when one of the following conditions is met:
(1) The system is designed by a professional engineer licensed in the state of Washington under Chapter
18.43 43 RCW.
(2) The system is designed by a designer certified by Thurston County health department or Bremerton
Kitsap County health district.
(b) departmental + i designer follows:
T�(�.repart�c^r�r�alT^c��a"'"^�crrt"�c^�rc5-tC�=crc�g�}e'certification as�(�rvacs:
(1) Prior to issuance of certificate to person,the director shall require written examination of the
applicant's knowledge of sanitary principles and rules,regulations, laws and ordinances affecting public
health and safety with respect to public water systems.
(2) The initial certificate fee shall be in accordance with the adopted fee schedule.At the end of each
calendar year,all certificates shall expire. Certificates may be renewed for a fee established by the
adopted fee schedul„ n designer's certificate shall net be transferable
(c) A dcsigncr's certificate may be suspended by the director for a period not to exceed thirty days for
incompetency, negligence, misrepresentation, or for failure by the holder to comply with any other
requirement of this chapter, unless the health officer feels a decision on revocation is needed.
(d) A designer's certificate may be revoked by the director for a period not to exceed one year for serious or
repeated violations of any of the requirements of this chapter, using the following procedure:
(1) To revoke a designer's certificate,the director shall notify the designer in writing,stating the reason for
which the designer's certificate is subject to revocation and schedule a hearing with the health officer.
(2) The director may suspend the designer's certificate pending the hearing with the health officer.
(e) Any designer whose certificate has been revoked will be required to take the written examination again
before issuance of a new designer's certificate
(Res. 68-96(part), 1996:§7 of Ord. dated 3/3/94).
6.64.080 Monitoring.
(a) Group BThe water system owners shall assure that water`ample` are submittedtest the water quality
testing as outlined in Chapter 246-2910 WAC,according to the following schedule:established by the
department.
(1) Fecal Coliform shall be tested twice per year with a minimum of four months between sampling
events.
(2) Nitrate shall be tested a minimum of once every two years.
The Director may require more frequent testing or testing for additional contaminants based on specific
environmental conditions.
(b) If the water system owner fails to perform the necessary testing in a timely and satisfactory manner,the
department may collect for testing and bill in accordance with the current fee schedule. Failure to pay for the
collection and testing of the water will result in the status of noncompliance for the water system and
enforcement proceedings as set forth in Section 6.64.090 of this chapter.
(Res. 68-96(part), 1996:§8 of Ord. dated 3/3/94).
6.64.090 Enforcement.
(a) It is unlawful for a purveyor to provide water from, use or maintain an unapproved Group B water system.
(b) No purveyor shall use, maintain,or expand a Group B water system except in a manner that is appropriate to
the design of the system as approved by the department.
(c) Public Nuisance.All violations of this chapter are determined to be unlawful and declared to be detrimental
to the public health,safety and welfare,and are public nuisances.All conditions which render any building,
structure, premises, land use or portion thereof to be used or maintained in violation of this chapter shall be
abated if provisions for their continuance made pursuant to this chapter are not satisfied.
(d) Civil Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided
herein,or by law,any water purveyor, person or establishment who violates this chapter or by each act of
commission or omission procures,aids or abets such violation, may be assessed a civil penalty not to exceed
fifty dollars for each day of continuous violation to be directly assessed by the health officer until such
violation is corrected.The per diem penalty shall double for the second separate violation and triple for the
third and subsequent separate violations of the same chapter within any five-year period.
(e) Criminal Penalties. In addition to or as an alternative to any other judicial or administrative remedy provided
herein,or by law,any water purveyor or person who violates this chapter or by each act of commission or
omission procures, aids or abets such violation,shall, upon conviction, be guilty of a misdemeanor. For
purposes of this chapter,each section violated shall constitute a separate and distinct offense,and each
day's violation shall constitute a separate and distinct offense. Penalty, upon conviction,shall be punishable
by a fine of not more than five hundred dollars,or by imprisonment for not more than ninety days,or both
such fine and imprisonment.
(Res. 68-96(part), 1996:§9 of Ord. dated 3/3/94).
6.64.100 Appeals.
Decisions of the Ddirector may be appealed to the Health Oefficer.Appeals must be made in writing to the
Ddirector within ten working days of the decision which is being disputed.A hearing date shall be scheduled with
the Health Oefficer within thirty days. Decisions of the Health Officer may be appealed to the Board of Health.
Appeals must be made in writing to the Director within ten working days of the decision which is being disputed. A
hearing date shall be scheduled before the Board on or before their next regularly scheduled meeting.Any
variation from this regulation resulting in requirements less stringent than those found in Chapter 246- 291
WAC shall have concurrence from the Washington State Department of Health.
(Res. 68-96(part), 1996:§ 10 of Ord. dated 3/3/94).
6.64.110 Waiver.
The board Director may waive portions of this chapter or portions thcrcoF provided the waiver is consistent
with the intent of this chapter, no public health hazard will result from said waiver,and the waiver will not violate
the requirements of other state or local drinking water regulations.Any waiver from the requirements of Chapter
246-299-291 WAC must shall have prior written concurrence from the Washington State Department of Health.
(Res. 68-96(part), 1996:§ 11 of Ord. dated 3/3/94).
DATED this day of , 2026.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith,Clerk of the Board Pat Tarzwell,Chair
APPROVED AS TO FORM:
Randy Neatherlin,Vice-Chair
Tim Whlte3wad.rhiwfDeput57%jsecuting
Attorney Sharon Trask,Commissioner
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton,
WA 98584 on May 26th,2026 at 9:15am.
SAID HEARING will be to take public comment on proposed amendments to sections of
Mason County Code Title 6 Chapter 6.64 Group B Water System Regulations. The changes
primarily involve correcting out-of-date code references, clarifying confusing or conflicting
language, and restoring consistency with state regulations. Notable changes include the
establishment of regular water-quality monitoring requirements and the removal of the water
system designer certification program.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the "raise hand"
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmithcli masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA
98584; or call(360)427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, (360)427-
9670 ext. 419.
DATED this 28th day of April, 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board
Bill: Mason County Public Health and Human Services
415 N. 6th St., Shelton,WA 98584
Cc: Commissioners
Department of Community Development
Department of Public Works
Shelton Journal: Publ. 2t: Week of May 7,2026&May 14,2026
Mason County
Agenda Request Form
issa
To: Board of Mason County Commissioners Item No. 8.5
From: Loretta Swanson,Director&Richard Ex t• 652
Dickinson,Deputy Director/U&W Management
Department: Public Works Briefing: ❑0
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 13,2026 Agenda Date(s): April 28,2026
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: Utility Construction Agreement Amendment Authorization—SR 302 Victor Creek Project
Background:
The Washington State Department of Transportation(WSDOT)is completing a fish barrier removal
project at Victor Creek(MP 4.20 on SR 302),replacing an existing culvert with a bridge to restore fish
passage.
This project impacts a Mason County-owned 4-inch HDPE sewer force main operated under WSDOT
Franchise Agreement 30181. As a result,Mason County Public Works is required to relocate the line.
Design services have been completed by David Evans and Associates,Inc.,with the new force main to be
mounted on the replacement bridge and reconnected to maintain service.
The Board previously approved the Utility Construction Agreement with WSDOT on March 23,2023,
allowing WSDOT to construct the relocated sewer main as part of its project. Due to changes in bid items
and increased costs associated with bids received by WSDOT,the updated work estimate exceeds the
25%allowable threshold outlined in section 4 of the agreement,requiring an amendment. The original
contract amount was $80,897.92 and has increased to$125,303.12.
To avoid delays associated with returning for additional approvals,Public Works is requesting authority
to execute this amendment and any future amendments that may be necessary as the project advances.
Budget Impact:
Funding is available in the U&W Fund 403 (2023-2024 O&M Budget)for design services with David
Evans and Associates, Inc. (estimated$40,000).
The Utility Construction Agreement amount has increased from$80,897.92 to $125,303.12 due to higher
bid costs received by the WSDOT. Sufficient budget authority is available to accommodate these costs.
Public Outreach:
Public Works has coordinated with affected property owners and will continue outreach to ensure
uninterrupted sewer service during construction.
Requested Action:
Request the Board authorize Public Works to execute amendments to the WSDOT Utility Construction
Agreement, as necessary, for the SR 302 Victor Creek Project.
Attachments:
1.WSDOT Utility Construction Agreement
2.Amendment No. 1
Washington State
Department of Transportation
Utility Construction Agreement Utility Name&Address
Work by WSDOT — Utility Cost Mason County Utilities and Waste Management
100 W.Public Works Drive
Shelton,WA 98584
Agreement Number Region Project Title/Location
UTB 1577 Olympic SR 302/VICTOR CREEK
State Route Number Mileposts REMOVE FISH BARRIER
SR 302 From 4.10 to 4.20
Estimated Agreement Amount Advance Payment Amount
$80,897.92 $N/A
This Utility Construction Agreement is entered into between the State of Washington Department of
Transportation, hereinafter"WSDOT"and the above named Utility, hereinafter the"Utility;" collectively the
"Parties"and individually the "Party".
Recitals
1. WSDOT is planning the construction or improvement of the State Route as shown above for the listed
WSDOT Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct
certain Utility facilities, herein the (Work).
2. The Utility is responsible for(1)the cost of the Work for Utility facilities located without a documented
ownership of and/or interest in real property, such as being located pursuant to a franchise, a permit, or
undocumented permission, (2) all betterments, and (3) new facilities.
3. The Work shall be defined as all materials, equipment, labor, contract administration and any other efforts
required to perform the relocation, construction, and/or removal of the Utility's facilities.
4. The Work includes Betterments; ❑Installation of New Facilities; ❑✓ Relocation of Facilities without
Property Rights; Removal of Existing Facilities from WSDOT right of way; and/or❑ Protect in Place.
5. It is deemed to be in the best public interest for WSDOT to include the Work in WSDOT's Project.
Now, Therefore, pursuant to RCW 47.01.210 and chapter 47.44 RCW and in consideration of the terms,
conditions, covenants, and performances contained herein, as well as the attached Exhibits which are
incorporated and made a part hereof.
It Is Mutually Agreed As Follows:
1. Plans, Specifications and Bids
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments for this Agreement. By this reference
this document is adopted and made a part of this Agreement as if fully contained herein.
1.2 Betterment:A betterment is any improvement to the Utility's facilities not required by code, regulation,
standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment
as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway
Projects, the Utility is solely responsible for the costs of such improvement.
DOT Form 224-062 Page 1 of 6
Revised 0712019
1.3 WSDOT, acting on behalf of the Utility, agrees to perform the Utility facilities Work in accordance with
Exhibit A, Special Provisions, and Exhibit C, Plans, where either:
(1) Utility supplied the Work plans and special provisions to WSDOT, or
(2) WSDOT developed the Work plans and special provisions from Utility-provided information.
WSDOT will incorporate the Plans and Special Provisions into WSDOT Project in accordance
with Utility requirements. The Utility agrees that it is solely responsible for insuring that all Special
Provisions, Plans and Utility standards are met and that it has supplied WSDOT with all applicable
standards, codes, regulations, or any other requirements the Utility is obligated to meet, unless
otherwise noted.
1.4 The Utility has reviewed and approved the Work Special Provisions and Plans that will be incorporated
into WSDOT Project. WSDOT will advertise the Work and Project for bids. WSDOT will be the Utility's
representative during the Ad and award period.When requested by WSDOT, the Utility shall timely assist
WSDOT in answering bid questions and resolving any design issues that may arise associated with the
Work.All comments and clarifications must go through WSDOT. If the Utility supplied the Work plans and
special provisions, the Utility agrees to provide WSDOT with any addenda required for the Work during
the Ad period, to the Parties' mutual satisfaction.
1.5 WSDOT will provide the Utility with written notification of the bid price no later than five (5)days after
award for all Work items for which the Utility is responsible for the cost.The Utility shall respond in writing
to WSDOT, stating its Acceptance or Rejection of the Work items, within two (2)working days.
1.6 Should the Utility reject the bid Work items for which it has cost responsibility:
1.6.1 WSDOT shall delete said items from the Project. The Utility agrees to reimburse WSDOT for
engineering costs and direct and related indirect costs incurred by WSDOT associated with
deleting the bid Work items from the Project, including any redesign, reengineering or re-
estimating, if necessary, to delete the Work items, and the Utility agrees to pay such costs upon
receipt of a WSDOT invoice.
1.6.2 The Utility agrees that should it reject the bid Work items for which it has cost responsibility, it shall
continue to be obligated to timely relocate its facilities as required by WSDOT Project. The Utility
further agrees that should its actions delay or otherwise damage WSDOT Project, it shall be liable
for such costs.
2. Construction, Inspection, and Acceptance
2.1 WSDOT agrees to administer the Work on behalf of the Utility.
2.2 The Utility agrees to disconnect and/or reconnect its facilities as required by WSDOT when such
disconnection or reconnection is required to be performed by the Utility. The Parties agree to define
disconnect and/or reconnection requirements, including notification and response in Exhibit A. WSDOT
agrees, as part of the Work, to remove disconnected and/or abandoned facilities at the Utility's cost. Utility
facilities not removed pursuant to this Agreement shall remain the ownership, operation and maintenance
responsibility of the Utility.
2.3 Salvage:All materials removed by WSDOT shall be reclaimed or disposed of by WSDOT and shall
become the property of WSDOT. If the Utility desires to retain such materials and WSDOT agrees, the
value of salvaged materials will be paid to WSDOT in an amount not less than that required by the
Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects.
2.4 The Utility may furnish an inspector for the Work. The Utility agrees that it is solely responsible for all such
inspection costs.The Utility's inspector shall not directly contact WSDOT's contractor.All contact between
the Utility's inspector and WSDOT's contractor shall be through WSDOT's representatives. WSDOT's
Project Construction Engineer may require the removal and/or replacement of the Utility's inspector if the
inspector interferes with WSDOT's Project, WSDOT's contractor and/or the Work.
DOT Form 224-062 Page 2 of 6
Revised 07/2019
2.5 WSDOT shall promptly notify the Utility in writing when the Work is completed
2.6 The Utility shall,within Thirty (30 )working days of being notified that the Work is
completed:
(a) deliver a letter of acceptance to WSDOT which shall include a release and waiver of all future
claims or demands of any nature resulting from the performance of the Work and WSDOT's
administration thereof, or
(b) deliver to WSDOT written reasons why the Work does not comply with the previously approved
Plans and Special Provisions. The Utility agrees to work diligently and in good faith with WSDOT
to resolve any issues so as not to delay WSDOT's Project. If all issues are resolved, the Utility
agrees to deliver to WSDOT a letter of acceptance as provided herein.
2.7 If the Utility does not respond within Ninety (90 )working days as provided in section
2.6, the Work and the administration thereof will be deemed accepted by the Utility, and WSDOT shall be
released from all future claims and demands.
2.8 Upon completion and acceptance of the Work pursuant to Sections 2.6 or 2.7, the Utility agrees that
it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities,
without WSDOT liability or expense.
2.9 WSDOT will prepare the final construction documentation in general conformance with WSDOT's
Construction Manual. WSDOT will maintain one set of plans as the official "as-built"set, then make
notations in red of all plan revisions typically recorded per standard WSDOT practice, as directed by
WSDOT's Construction Manual. Once the Utility has accepted the Work per Section 2.6 or 2.7, WSDOT
upon request by the Utility will provide one reproducible set of contract as-builts to the Utility, and the
Utility agrees to pay the cost of reproduction upon receipt of a WSDOT invoice
3. Payment
3.1 The Utility agrees that it shall be responsible for the actual direct and related indirect costs, including
mobilization, construction engineering, contract administration and overhead costs, associated with the
Work.The cost of this Work is estimated to be
eighty thousand eight hundred ninety-seven and ninety-two hundredths Dollars
($80,897.92 ).An itemized estimate of Utility-responsible costs for Work to be
performed by WSDOT on behalf of the Utility is included in Exhibit B, Cost Estimate.
3.2 The Utility agrees to pay WSDOT the"Advance Payment Amount" stated above within twenty (20)
calendar days after WSDOT submits its first partial payment request to the Utility.The advance payment
represents fifteen (15) percent of the estimate of cost for which the Utility is responsible. The advance
payment will be carried throughout the life of the Work with final adjustment made in the final invoice
3.3 The Parties acknowledge and agree that WSDOT does not have the legal authority to advance state
funds for the Utility's Work under this Agreement. Should the Utility fail to make payment according to the
terms of this Agreement, WSDOT shall have the right to terminate this Agreement, charging the Utility
for all associated costs of termination, including non-cancellable items, as well as associated Project
delay and contractor claims. Such termination shall not relieve the Utility's obligation to timely relocate its
facilities as provided under section 1.6.2
3.4 The Utility, in consideration of the faithful performance of the Work to be done by WSDOT, agrees to
pay WSDOT for the actual direct and related indirect cost of all Work for which the Utility is responsible,
including mobilization, construction engineering, administration and overhead costs. WSDOT shall
invoice the Utility and provide supporting documentation therefore, and the Utility agrees to pay WSDOT
within thirty(30)calendar days of receipt of an invoice.A partial payment will not constitute agreement
as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any
discrepancies.
DOT Form 224-062 Page 3 of 6
Revised 07/2019
4. Change in Work or Cost Increase
4.1 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the Work for
which the Utility is responsible, above the Exhibit B, Cost Estimate (including sales tax, engineering, and
contingencies) by more than Twenty-Five (25 ) percent, the Parties agree to modify Exhibit
B to include such cost increase.
4.2 If WSDOT determines that additional Work or a change in the Work is required, prior written approval
must be secured from the Utility; however, where the change is required to mitigate a Project emergency
or safety threat to the traveling public, WSDOT will direct the change without the Utility's prior approval.
WSDOT will notify the Utility of such change as soon as possible thereafter.The Utility agrees to respond
to all WSDOT change order requests in writing and within five (5)working days. WSDOT notification
shall not be required for Utility-requested changes. The Utility agrees to pay all costs associated with
the changed Work, as well as the costs of Project or Work delays and/or subsequent contractor claims
associated with the Utility's failure to timely respond as required.
4.3 The Utility may request additions to the Work through WSDOT in writing. WSDOT will implement the
requested changes as elective changes, provided that a change does not negatively impact WSDOT's
transportation system and complies with the Standard Specifications, Project permits, state and/or federal
law, applicable rules and/or regulations, and/or WSDOT design policies, and does not unreasonably delay
critically scheduled Project contract activities.
4.4 All elective changes to the Work shall be approved in writing by the Utility before WSDOT directs
the contractor to implement the changes, even if an executed change order is not required by the
Project contract. The Utility agrees to pay for the increases in cost, if any, for such elective changes in
accordance with Section 3.
4.5 WSDOT will make available to the Utility all change order documentation related to the Work.
5. Franchise or Permit
5.1 The Utility shall apply for a permit, franchise or an amendment to its current franchise for those new or
modified Utility facilities that will be located within WSDOT's right of way.After receiving the application,
WSDOT will issue the Utility a permit or a new or amended franchise.
6. Right of Entry
6.1 The Utility agrees to arrange for rights of entry upon all privately owned lands upon which the Utility
has a claimed property right and which are necessary to perform the Work. The Utility also agrees to
obtain all necessary permissions for WSDOT to perform the Work on such lands, which may include
reasonable use restrictions on those lands. The Utility agrees to provide the rights of entry and applicable
permissions under this section to WSDOT within Fourteen (14 )calendar days of
entering into this Agreement. Upon completion of the Work on such lands, the rights of entry and
permissions shall terminate.
7. General Provisions
7.1 Indemnification: To the extent authorized by law, the Utility and WSDOT shall indemnify and hold
harmless one another and their employees and/or officers from and shall process and defend at its own
expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to
persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out
of, in connection with, or incident to the other Party's performance or failure to perform any aspect of this
Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence
of(a)the Utility and (b)WSDOT, their respective employees and/or officers, or involves those actions
covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of
the negligence of the Utility or WSDOT, and provided further, that nothing herein shall require the Utility
or WSDOT to hold harmless or defend the other or its employees and/or officers from any claims arising
from that Party's sole negligence or that of its employees and/or officers. The terms of this section shall
survive the termination of this Agreement.
DOT Form 224-062 Page 4 of 6
Revised 07/2019
7.2 Disputes: If a dispute occurs between the Utility and WSDOT at any time during the prosecution of
the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such
negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or
mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees
and costs. The Parties agree to equally share the cost of a mediator or arbiter.
7.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings
shall be brought in the superior court situated in Thurston County, Washington. Each Party
shall be responsible for its own attorney's fees and costs.
7.4 Termination:
7.4.1 Unless otherwise provided herein, the Utility may terminate this Agreement upon thirty (30)
calendar days written notice to WSDOT. If this Agreement is terminated by the Utility prior to
the fulfillment of the terms stated herein, the Utility shall reimburse WSDOT for all actual direct
and related indirect expenses and costs, including mobilization, construction engineering,
contract administration and overhead costs, incurred up to the date of termination associated
with the Utility Work, as well as the cost of non-cancelable obligations, including any redesign,
reengineering or re-estimating, if necessary, to delete the Work, and contractor claims, if any,
payment in accordance with Section 3. Further, the Utility acknowledges and agrees that should
it terminate this Agreement, such termination shall not relieve the Utility from its responsibility to
design, remove, relocate and/or construct its facilities so as not to delay or conflict with WSDOT's
Project. WSDOT agrees to provide to the Utility all Work-related documents upon final payment by
the Utility.
7.4.2 Unless otherwise provided herein, WSDOT may terminate this Agreement upon thirty(30)
calendar days written notice to the Utility. Should WSDOT terminate this Agreement, the Utility
shall reimburse WSDOT for all actual direct and related indirect expenses and costs, including
mobilization, construction engineering, contract administration and overhead costs, incurred by
WSDOT up to the date of termination associated with the Utility Work.The Utility acknowledges
and agrees that should WSDOT terminate this Agreement, such termination shall not relieve the
Utility from its responsibility to design, remove, relocate and/or construct its facilities so as not to
delay or conflict with WSDOT's Project. WSDOT agrees to provide to the Utility all Work-related
documents upon final payment by the Utility.
7.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
7.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
7.7 Audit and Records: During the progress of the Work and for a period of not less than six (6)years from
the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work
and shall make them available during normal business hours and as often as necessary, for inspection
and audit by the other Party, Washington State, and/or Federal Government and copies of all records,
accounts, documents or other data pertaining to the Work will be furnished upon request.The requesting
Party shall pay the cost of copies produced. If any litigation, claim or audit is commenced, the record,
accounts along with supporting documentation shall be retained until any litigation, claim or audit finding
has been resolved even though such litigation, claim or audit continues past the six-year retention period.
7.8 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
DOT Form 224-062 Page 5 of 6
Revised 07/2019
In Witness Whereof, the parties hereto have executed this Agreement as of the day and year last
written below.
Washington State
Requesting Entity Department of Transportation
Signature: Signature:
By: « L.,( t. 6< 5d/ By: JoAnn Schueler
Print Name Print Name
Title: Title: Asst.Region Administrator-Olympic Region
Date:XA -DS— Date: 2/8/2024
DOT Form 224-062 Page 6 of 6
Revised 07/2019
EXHIBIT A
SPECIAL PROVISIONS
SCOPE OF WORK
The Work proposed within this Agreement is for Utility's facilities on WSDOT's highway right of
way and the Utility is obligated to pay for all construction costs. The Work proposed under this
Agreement will consist of performing all work necessary for the removal and replacement of
Utility's existing facilities located within WSDOT's highway right of way to accommodate the
construction of the SR 302 Victor Creek Remove Fish Barrier Project.
WORK TO BE PERFORMED BY WSDOT
Exhibit C. Sheets 1 through 4
1. Removal and disposal of Utility's existing force main per plans.
2. Replacement of Utility's force main per plans.
3. WSDOT's construction contract will provide a 14 calendar day advance notice to the
Utility prior to performing work on the force main.
WORK TO BE PERFORMED BY THE UTILITY
1. The Utility will depressurize, pump, and flush the force main within the 14 calendar day
window as specified above.
2. The Utility will maintain temporary sewer service to the affected properties with septic
trucks throughout the construction project's duration.
3. The Utility will repressurize and restore service to the affected properties by operating
the new force main at the end of the construction project.
PERMIT OR FRANCHISE
The Utility shall apply for and WSDOT shall convey the necessary statutory permit or franchise
pursuant to Chapter 47.44 RCW required for installation of such facilities that remain or cross
the WSDOT right of way.
BETTERMENT
Relocation or installation of the Utility's facilities does not constitute a betterment as defined by
the Federal Aid Policy Guide—23 CFR 645A Subpart A.
UTB 1577
EXHIBIT"A"
Page 1 of 1
EXHIBIT B
COST ESTIMATE
ENGINEER OPINION OF PROBABLE CONSTRUCTION COST
Project: SR 302 VICTOR CREEK REMOVE FISH BARRIER-SANITARY SEWER FORCE MAIN RECONNECTION Stage: Draft Bid Set
Owner: Mason County By: Tucker Collins,P.E.
Engineer: David Evans and Associates,Inc. Checked: Rodney Langer,P.E.
Project No.: MSCT0000-0003 Date: 1/19/2023
ITEM NO. ITEM DESCRIPTION SPEC.REF. IQUANTRYl UNIT UNIT PRICE EXTENDED PRICE
DIVISION 1-GENERAL REQUIREMENTS
0001 MOBILIZATION 1-09WSDOT I 1.5 $ 5,800.00 $ 5,800.00
SPs CONSTRUCTION SURVEY 1-O5SPs I LS $ 1,000.00 $ 1,000.00
OMSION 2-EARTHWORK
0050 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-O2WSDOT 1 IS $ 3,000.00 $ 3,000.00
7006 STRUCTURE EXCAVATION CLASS B INC HAUL 2-09 WSOOT 50 CV $ 27.00 $ 1,350.00
7008 SHORING OR EXTRA EXCAVATION CLASS B 2419 WSOOT 390 SF $ 12.50 $ 4,875.00
IDIVISION 3-AGGREGATE PRODUCTION AND ACCEPTANCE
OMSION 4-BASES
DMSION 5-SURFACE TREATMENTS AND PAVEMENTS
DMSION 6-STRUCTURES
OMSION 7-DRAINAGE STRUCTURES,STORM SEWERW,SANITARY SEWERS,WATER MAINS,AND CONDUITS
6150 GATE VALVE 4 IN. 7-13 WSDOT 1 EACH $ 2,000.00 $ 2,000.00
3837 COMBO.AIR RELEASE/AIR VACUUM VALVE ASSEMBLY 2 IN. 7-13WSDOT 1 EACH $ 12,000.00 $ 12,000.00
SPs HOPE SANITARY SEWER PIPE 4.OIAM 7-17 SPs 155 LF $ 87.50 $ 13,562.50
SPs DI SANITARY SEWER CASING PIPE 8'DIAM 7-17 SPs 80 LF $ 187.50 $ 15,000,00
3152 TESTING SEWER PIPE 7-17WSD0T 155 LF $ 7.00 $ 1,085.00
DMSION 8-MISCELLANEOUS CONSTRUCTION
DMSION 9-MATERIALS
UNEXPECTED SUE CHANGES
$ 5,000.00
Subtotal $ 64,672.50
Sales Tax @ 9.2% $ 5,949.87
Subtotal $ 70,622.37
"Indirect Cost @ 14.55% $ 10,275.55
TOTAL COST $ 80,897.92
'Mobilization and Engineering costs will be determined by a proration of the mobilization and
engineering costs of the entire project to the construction costs of the work covered by this agreement.
The indirect cost will be applied at the actual rate in affect at the time the work is performed,in
accordance with Washington State Department of Transportation Directive D 13-21.
UTB 1577
EXHIBIT"B"
Page 1 of 1
T°23N° PUE. M.
�� 6Y ESN
I 6
TEn
w X°°E°•" mMXm
P a „
)I/IrPwm
\^��T'\���-1y'YV'��\\Y1'' "\�1hi-\Y\i' '\,1\' �� \\\,\'\\-\v\\\\,\'\4\!\\\- - 1\\\-\ '\
t ±± ijJ tLT 2;
LEGEND MO+p0W3
"wr,N105, —I0-------
---- LE ems 2
yQ ,r[E 30 i�IPGM00I Oe MIP�vll nnoN in! — o'LL— F
.'vvu.[icnvA5IRACTt00lt0-CMINQ
I. ALL DCLNWOROOY OEND1 010500±050 000LLDLIFOT00005 505075077 HOAGOSR OO •• 0000000L000 IN .P.IR°oALA. "wart.o G0000 10105 .\\\\\\\ .. 00.v.w00050PCNw.,!1P0OF5055
HOTS II.HOF000HOOFLJ005IOP Pt 5000500CR 00074 Fl P00000000737005 RAP 00 5°PPe5mAl101 pc ""` O;G HOPE K POIUIInIu �M. . a50000Y,X5N..,LEN"P.M5 nw. .RO. �� µ505Xc5,«NN51.=501=01M5,a.n
.n ne0m ruroxw5wE0 S W 00001 NFL)
a CROOP0005TO00040RR 015010100374 SOP 07010 S 0410010 OCTAL SHOOT LITRA
xnB.NEOOECNMP50ccrs.OEAccvrAwc FOR5m. i° cpxrre5AAw0nv �.�,m R .NO ORSOmw.IxnRA.P.<u.'MSEOR5 Wy Aw1M001x,RmAPDXIIN 000 P00000 ROCL710 TOOL ICPC 00000004001 O 7073
pmw, 05500 p".PR.EE,E.MIEMRP5,N5mX, NM5, ,,,5,M0025 OSAL
m®N51P N
DCARPOICP
000 APR NRO• 00IOaWIIUWALL 770±ARDOR
O 5 vwT000Iw.L Q03.P0055 OS010TOROAIJN
AW'0 iLLOR 1tll[xT} *�ui pnAWICx Xpxfl[MAiPGXllhl
051 LIIILOIT 0001050 YRCOI 5022TM 4•ron N5 1 wmne5K UTB 157Mxaero.nn
LE'W""" E%HISIT"C0
CLInENew. 63`5Po 10 wuuvvmou °°`eow o .M ,N105Mmu PAGE 1 OF 4
bMmYwmc
POLO 0Am0 EC - R w 5 MLO[LL'�✓.w5a[wef00
10 SR 02
TIME - m FFDAI0 PROJ.NO. oo
OLOTI0Gry 5Th 10+G AR -'/ VICTOR 3CREEK UT2
slerrows(p3a) _ wvio rv. REMOVE FISH BARRIER
ENTERED Er SOSp ^""" Washington State ENTERED BY RSOSoo 23DSC8 d` 32
PROJ.I..I Rook Iwo..0 a0 ,.- 071.23 Department of Transportation
PROJ.Wo0. %L6188 10 °nv!oeov IF PROPOSED UTILITY PLAN
REGIOHLLGGM - REVISION GATE M
T.23N. R.7E. W.M.
R DMA
D M BM,w AT
ICI I I I I i I I I I I I I i I I rim
I I I � i I i I I I I I I I I I I I I I�y�
____± :EIt7tL DPL
M 'w I I I I I I J Mu,anxw I mw+wua
I C>)J '<>)J C>.-I) CD.)) I I I I I I I '<ITIJ eI L CD.).) C>))
C>.-) C>`J CJ.J CD..) C2 2..L).) CJ.J CJ.J C>.J C>.J CJ.J
3GIE
00 0
oie
Q MNWII,TaHDwry B HO
OATH:))THOHtOOCC32000021JVATON
� X[ oaalnlulvpaooEooryHjaolctrooao
CLIPCR xo OPT)
Mwr 000AO
&WPMNOL f RMIR) LRIA IIW IPWIINxIMM
,®uTDvleef [ [ roxsc.ox npl[wIXDxIIRD lETHAL SHEET YM .HOPE CLCETHOFIIMON Mx ROAN
KNX[Cf
_ mHIIDXMIw[IDro TA Dl.ARISEcwawX I NN 10 lOREovwXDD[.a[^ '�° .,raAeDrcoop,M [�rnvu[mxl XDa
D..w,XD> [D.ro.a R[GR[auapN(/!Y °MTA ° D. .[ax[[rND,OTT 11)117)MOTtO OtTULTOtET INTO au`T
Cc L[xam 63•�.TOOPOROPYCAPUITD DX
Dvcwa[DD[...XDIMI"I O:x[ .mo wTM oxcwXo.<AD RHOMUTB 1577
EXHIBIT'C'
PAGE2OF4
FILE MANIC OD0MSCTOOROC2HTE.ME
00"10 4EOAIO PROJ.NO. # _
PLOTRo DY tB srs As Sre&0ot6(a3a) SR 302
DATE InEf4 VICTOR CREEK UT3
BFJnRMOB Br 'taro N�Yxu _ vIP rvN[s REMOVE FISH BARRIER
EMERED BY R3C509 _ rwvw[urR��^. Washington State
BMEOREOsr RaEL A UUMIBRTCN e,..ew.D ao ^,,•+' DBpartnentotTronsportBGon
PROJ.DNac Tastes ,a .m nm,[vw PROPOSED UTILITY ELEVATION
RaaoMALAOM. - RINsoN Bare BY
T.23N. R.7E. W.M.
al0.�wtiaFDHCDBIAOC e ,rw
40
roew nuvo ..a Ewe ww.0
MAN0. a 4
O..raNK a.°•" INe..rc,l '" a.DaNNO ,wT.Oml.N— a<NNN a0,s D.
aRRR<D.N wy;
FOUND. R.DUR.O —DmNL.N.
�DFr.O.HU011AE ADIOS ON .AVE ^ DAOARu
v�vm A TTPICALTRENCN SECTION / a ' TYPICAL CASING SECTION c FORCE MAIN IN DUCTRE IRON CAGING DETAIL
An wiT.Cu[ 00 NOT 10.WL Not TO.0445
OW AVE NA
• / / muOG„•pM.�1KN� rIWX
•\//\\�\/\\\\//\\\//\ \\\\\\,:nom rri,.nv.v
um�aNaiDu� m
IriNOmN. w LA.aNDON.Dc
aNN[rn0x TO 0000xN P NAVALM,�
-r %aN M XVNTV ,C ...iam mox.N.awL.
• �� urn 1577
Ruw<.R•s it 'ri' �NaI.No ,I—I �.m EKHIBIT"C"
•
PAGE 3OF4
O,axec.. m COMBINATION SEWAGEAIR VACUUM mvmv �' "•••�"� I +O TM M
RELEASE VALVE DETAIL . TYPICAL VALVE DETAIL O
v u u
All? x0T•ODVI<
FILE N.. ELNSGIOOWOW]-SN1S.
THE - aX 11010 FEOAIO PROJNO. ooi vxrrrw
GATE tnxu � SR 302
DN ar srs 10 WAS ' I/ VICTOR CREEK UT4
DESIGNED A �
O fly Two ", „ 5TeGo016(004) w _ REMOVE FISH BARRIER
9 _00500 OCIA Washington State
CHECNED Br Rpw 000000000& WNR•"+ �O m,..• Department of Trnspodation :a
PRBJ.ENGR %L818& „ Ive,DuwD
REGIONALADM. RCNNON DATE CV PROPOSED UTILITY DETAILS
T.23N. RJE. W.M.
GENERAL NOTES: BACKFILL NOTES: SERVICE MAINTENANCE AND BYPASS NOTES: PIPE FITTING AND CONNECTION NOTES:
MNQAYmMIJMEtLM* mu
ThlN.µ O.^ R,rwrM...., AS-BUILT DRAWING NOTES: «`w.a'rz` Mww®.I�Muv.w.IlM.wo.Aunmw.a...n
N.wM w orwo xa,.R. .o...r•mc.y
o®,...owTM. •I. µOxw..xav MO RIGHT OF WAY NOTES: M 'O'M'' .wR.O�
VALVE NOTES: ..:"".:°o`u`°,T;.L- ...Mrw,f° II o «.�.,..,r,w..o..oR....m..r
1° ........ri.. Oo0.O.n2 M r.,w.O0.o.rzR..... PLAN NOTES: M M. .cNo Ow.�O..a U—NALA9.On,ux
- 0.ollsalAtutvmattsmlttxwc*OOOLT 010OM 01 001 10 MO 01511110 CT050LMIWI
iSiWIWiThLLIt 1 ..n...NAL.E....m.rz..O.....w.iECIARE...ow,n...nw...io..o i. w.w..R".rnr.aio. .
-a- ...........I Mw.�°O .w.O—.w.w.O°o.wIww....W..+.w.—
• � THRUST BLOCKING NOTES:
I. wit IA tdl4!00201100410-SOtOitt flAIl)wilt Si 15211?1151100 SMILM P1240 TOILIF 0001 000000?
EXISTING CONDITIONS NOTES: .,,.
011 ommsoasrwior 00 5050000 POll
UTB 1577
EXHIBIT C"
PAGE4 OF4
FILE NAM! EGMSLN00000O ..,E
THE - "e' ^'^ FEDAID PROJ.NO,
G1E 855 v` �•
PE er sys 10 NAS SR 302 UTS
sraD.00lsloaal - VICTOR CREEK AR
aFEIONm5 555 ��� M.mM w. REMOVE FISH BARRIER
ENISREC gpg - Washington spur
..c.� R. ,N'.TMY tp »,.,�+' Department of Transportation a
PMOJ.ENOR XLa1e6 Vim- ,z.lm
aecloru�apx. . Renslox oATe n PROPOSED UTILITY NOTES
Washington State Olympic Region
7407 31st Ave NE,Lacey
Department of Transportation PO.Box 47440
Olympia,WA 98504-7440
360-357-2600/Fax 360-357-2601
TTY:1-800-833-6388
www.wsdot.wa.gov
April 2, 2025
Mason County Utilities and Waste Management
Attn: Richard Dickinson
100 W. Public Works Drive
Shelton, WA 98584
Re: SR 302 MP 4.10 to 4.20
Victor Creek—Remove Fish Barrier
Utility Construction Agreement UTB-1577 Amendment No.1
Dear Mr. Dickinson:
Attached is a fully executed"UTILITY" original of the subject agreement for completion of your
records.
If you have any questions,please contact me at Saiyed.Rony@wsdot.wa.gov or 360-402-2468
Sincerely,
-546rd ,Buoy
Saiyed Rony
Utility Project Support Engineer
SR
Enclosure
cc: T. Ho
D. Maher
D. Washington
M. McIver
R. Molloy
C. Putnam
UTILITY CONSTRUCTION AGREEMENT
UTB 1577, AMENDMENT NO. 1
This Amendment No. 1 is made and entered into between the Washington State Department of
Transportation,hereafter the"STATE,"and Mason County Utilities and Waste Management,
100 W. Public Works Drive, Shelton,WA 98584,hereafter the"UTILITY", collectively referred
to as the"Parties",and individually referred to as the"Party."
WHEREAS, the Parties previously entered into Agreement,No. UTB 1577(Agreement), on
Februaiy 8,2024,which provided for the reimbursement of costs for the STATE to perform all
Work necessary for the removal and disposal of UTILITY owned force main and replacement of
UTILITY force main within the STATE's highway right of way, and
WHEREAS,due to a change in bid items and an increased cost associated with the bids received,
the Work cost estimate exceeded the 25%allowable making it,necessary to amend the
Agreement to revise Exhibit B, Cost Estimate,and
WHEREAS, the Parties desire to amend the Agreement in accordance with Section 4.1.
NOW,THEREFORE,pursuant to RCW 47.01.210 and chapter 47.44 RCW,the above recitals
that are incorporated herein as if set forth below,and in consideration of the terms,conditions,
covenants and performances contained herein,as well as the attached Exhibit B-1 which is
incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. All references in the Agreement to Exhibit B,Cost Estimate will be replaced with Exhibit
B-1, Cost Estimate.
2. Exhibit B, Cost Estimate is hereby replaced in its entirety with Exhibit B-1, Cost
Estimate.
3. Section 3.1 is replaced in its entirety by the following:
The UTILITY agrees that it shall be responsible for the actual direct and related indirect
costs,including mobilization,construction engineering,contract administration and
overhead costs, associated with the Work. The cost of this Work is estimated to be
One Hundred Twenty-Five Thousand Three Hundred and Three Dollars and Twelve
Cents($125,303.12). An itemized estimated cost of the UTILITY-responsible costs for
the Work to be performed by the STATE on behalf of the UTILITY is included in
Exhibit B-1,Cost Estimate.
4. All other terms and conditions of the Agreement shall remain in full force and effect
except as modified by this Amendment No. 1.
IN WITNESS WHEREOF,the Parties hereto have executed this Amendment No. 1 as of the day
and year last written below.
WASHINGTON STATE MASON COUNTY UTILITIES
DEPARTMENT OF TRANSPORTATION AND WASTE MANAGEMENT
Signature: .cQ 5CWZaA1 Signature•
Print Name: JoAnn Schueler Print Name:
Title: ARA for Project Development—OR Title: ._)
Date: 4/2/2025 Date: —27-925
EXHIBIT B-1
COST ESTIMATE
Item No] Item Description Quantity Unit Unit Price
18 4 IN.SEWER FORCE MAIN REMOVAL AND REPLACEMENT 1 LS $102,500.00
Sub Total $102,500.00
Sales Tax @ 8.5% $8,712.50
Sub Total $111,212.50
*Indirect Cost @ 12.67% $14,090.62
Total Cost $125,303.12
*The indirect cost wilt be applied at the actual rate in affect at the time the work is performed,In
accordance with Washington State Department of Transportation Directive D 13-21
UTB 1577
EXHIBIT"B"
PAGE 1 OF 1
Mason County
Agenda Request Form
issa
To: Board of Mason County Commissioners Item No. 8.6
From: Randy Collins,Fire Marshal Ext: Click or tap here to enter text.
Department: Community Development Briefing:
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 20,2026 Agenda Date(s): April 28,2026
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: Burn Ordinance Revision(Mason County Code Chapter 9.48)
Background/Executive Summary:
In 1995 Mason County passed Resolution 04-95 adopting a series of burn regulations that were codified
into chapter 9.48 of the Mason County Code. Given the numerous changes that have occurred over the
years to these regulations(including the County entering into a Memorandum of Agreement with the
Olympic Region Clean Air Authority—ORCAA-to perform land clearing burn inspections),it became
necessary to update this chapter to make it consistent with current regulations.To that end,the enclosed
draft ordinance was developed in concert with ORCAA. In addition to updating the ordinance, a
definitions section has been added to clarify questions the public has raised in the past and several
enforcement provisions have been added to provide greater flexibility for staff to use when dealing with
violators.The intent is to return to the April 28 meeting to agendize it for a public hearing on May 26 with
Notices of Hearing(NOHs)published on May 7 & 14.
Associated Costs/Budget Impact(amount, funding source,budget amendment, etc.):None
Public Outreach: Posting on the County's website,article in the Mason County Journal and NOH's
published on May 7& 14.
Requested Action: Place on the April 28,2026 Action Agenda to set public hearing for May 26,2026.
Attachment(s): Marked up ordinance(showing changes from 1995 version)
Ordinance(clean copy)
Chapter 9.48-OUTDOOR BURNING PROGRAM
• .
• 9.48.010-Established:Pursuant to RCW chapter 70.94.aAn outdoor burning program has - - Formatted:List Paragraph,Outline numbered+Level:
been established in Mason n-County as set out in this chapter. 1 +Numbering Style:Bullet+Aligned at: 0.25"+Tab
after: 0.5"+Indent at: 0.5"
.(Res.4-95 art),1995)_
9.48.020-Definitions(from WAC 173-425-030). .- Formatted:Space After: 6 pt
(a)Agricultural burning:Outdoor burning including but not limited to any incidental
agricultural burning or agricultural burning for pest or disease control.Agricultural burning is
governed by WAC 173-430.not this chapter.
(b)Construction/demolition debris:All material resulting from the construction,renovation,or
demolition of buildings,roads or other man-made structures.
(c)Indian ceremonial fires:Fires necessary for Native American ceremonies(i.e.conducted by
and for Native Americans)if part of a religious ritual.
(d)Land clearing burning:The burning of trees.stumps shrubbery or other natural vegetation
from land clearing projects conducted to use the land for a different purpose or to leave unused.
(e)Natural vegetation:Unprocessed plant material from herbs,shrubbery and trees including
grass,weeds,leaves,clippings prunings brush,branches,roots,stumps and trunk wood.
U Nuisance:An emission of smoke or any other air contaminant that unreasonably interferes
with the use and enjoyment of the property upon which it is deposited.
(g)Outdoor burning:The combustion of material of any type in an open fire or in an outdoor
container without providing for the control of combustion or the control of emissions from the
combustion.For purposes of this rule."outdoor burning"means all types of outdoor burning except
agricultural and silvicultural burning.
(hi Recreational Fire:A fire no greater than three feet in diameter within an approved campfire
pit ring or barbecue using charcoal or firewood that occurs in designated areas or on private
property for cooking,pleasure or ceremonial purposes.
U Residential Burning:The outdoor burning of leaves,clippings,pruning and other yard and
gardening refuse originating on lands adjacent to a human dwelling and burned on such lands by
the property owner.
(k)Silvicultural Burning:means burning on any land the Department of Natural Resources Formatted:Font:11 pt
(DNR)protects per RCW 70.94.030(13).Silviculture burning is not governed by this chapter.
• 9.48.020-Basis for permitting outdoor burning.
AAII open fires are permitted under a general rule program oreither by a written permit. or under a
general rule burn program.It is unlawful for any person to cause or allow an outdoor fire containing
prohibited materials which include but are not limited to garbage dead animals,asphalt,
petroleum products,paints,rubber products,plastics,paper.cardboard,treated wood,processed
wood,construction/demolition debris,metal or any substance which when burned releases toxic
emissions,dense smoke or obnoxious odors.When starting fires,a limited amount of paper maybe
used.ORCAA may also allow the limited burning of prohibited materials for fire training
.(Res.4-95 s 1.1995)
• 9.48.030-Written permits.
(a) Pursuant to the Memorandum of Agreement(MOA)between the Olympic Region Clean Air
Agency(ORCAA)and Mason County,wWritten permits for land clearing burning are required
and shall may-only be issued by the Mason County Department of Community
Development/Fire Marshal's office.designated riason County offices or fire protection
districts.
(b) Written permits will only be issued for:
(1) Land clearing fires(larger than four feet in diameter)consisting of natural vegetation
as defined in 9.48.020(e)resulting from land clearing projects.;-and
(2) Permits will not be issued for the burning of prohibited materials other than natural
vegetation.;-and
( )_The duration of a written permit shall not exceed one month unless an extension is
granted by the Fire Marshal.•,-and
(3)(4) Permitted fires shall be inspected by the Community Development/Fire
Marshal's office and be subject to the conditions listed on the permit.The individual
conducting the burning shall be present at the site during the inspection to
acknowledge the burn requirements and sign the permit.If a representative is
absent.it will result in a failure and be subject to an additional inspection(s)and
charge(s).
41(5)_Mason County offices will issue no-fee land clearing open burning permits in
those fire districts not issuing their own permits;and
f5(6) _Land clearing permits can also be issued by those Mason County fire
districts that choose to do so.nra districts are allowed to charge a fee for the
issuance of burning permits;and
463(7) Written permits will not be required for Rresidential Burning.Recreational or
Indian Ceremonial yard debris fires.
.(Res.4-95 ss 2. 1995)
• 9.48.040-Residential yard debris bBurning.
(a) Residential yard debris burning is allowed,fires no larger than four feet in diameter and
burn barreLs will be allowed underthe-a generalrule burn program for a total of fourteen
days each calendar year.Under this concept,property owners will have a total of fourteen
days during each calendar year to burn residential yard debris.
LbLProperty owners mayean pick the specific fourteen days to days they wish to burn;as long
as the total,in any calendar year,does not exceed fourteen days.
{b(c) Pursuant to WAC 173-425-040,Residential Burning is prohibited within any
established Urban Growth Area.
LdLNo fees will be charged for Rresidential yard debris bBurning and a written permit is not Formatted:Space After: 6 pt
required.However,the person in charge shall adhere to the following requirements:
(1)Burn only natural vegetation as defined in 9.48.020(e)
(2)Not allow the fire to exceed 4 feet in diameter or 4 feet in height Formatted:Space After: 6 pt
(3)Maintain a 10-foot firebreak(down to bare earth)around the pile.of the fire must e - Formatted:Space After: 0 pt
a copy of the Guidelines ror Outdoor rires In Mason County in hand at the fire location.
(4)Maintain 20 feet of vertical clearance from overhanging branches Formatted:Space After: 6 pt
(5)Maintain a distance of at least 50 feet from any structure or combustible material
(5)Burning may only occur during daylight hours and be extinguished by nightfall
(7)All materials must originate from the property the burning occurs(material may Formatted:Space After: 0 pt
not be brought from another site).
(8)The fire must not create a nuisance from the smoke or endanger life and property.
(9)A person with an approved water source capable of extinguishing the fire shall be in Formatted:Space After: 0 pt
(ej constant attendance at the site while burning Formatted:Normal,Indent:Left: 0.25", No bullets or
{&(elCounty—willbe numbering
through county offices and local fire districts and will be maiLed to property owners upon
request.
.(Res.4-95 s 4.1995) Formatted:Space After: 0 pt
• 9.48.050-Recreational ' Fires-.
Recreational fires, ,
are allowed will-not
under the general rule burn program,do not require a permit and shall
adhere to the following requirements..
(1)Occur in campfire pit ring or barbeque Formatted:Normal, No bullets or numbering
(2)Not exceed 3 feet in diameter
Formatted:Normal,Space After: 6 pt, No bullets or
(3)Maintain a 10-foot firebreak(down to bare earth)around the pile. numbering
(4)Maintain 20 feet of vertical clearance from overhanging branches .-- Formatted:Normal, No bullets or numbering
Formatted:Normal,Space After: 6 pt, No bullets or
(5)Maintain a distance of at least 50 feet from any structure or combustible material numbering
(6)The fire must not create a nuisance from the smoke or endanger life and property Formatted:Normal, No bullets or numbering
(7)A person with an approved water source capable of extinguishing the fire shall be in • Formatted:Normal, No bullets or numbering
constant attendance at the site while burning Formatted:List Paragraph
(Res.4-95 s 5.1995) Formatted:Indent:Left: 0",Numbered+Level:1 +
/% Numbering Style:a,b,c,...+Start at:1 +Alignment:
Left+Aligned at: 0.25"+Indent at: 0.5"
• 9.48.060-Agricultural Burning. Formatted:Font:Bold,Underline
(a) Agricultural burning as described in 9.48.020(c)is exempt from these regulations but pursuant • Formatted:Indent:Left: 0.5", No bullets or
to WAC 173-430-020 shall require a permit from the Olympic Region Clean Air Authority(ORCA) Formatted:Underline
and prior notification to the local fire department.
Formatted:Normal,Indent:Left: 0.25", No bullets or
numbering
• 9.48.070-Indian Ceremonial Fires Formatted:Font:Bold
(a) Indian ceremonial fires are allowed under the general rule program and shall adhere to all the requirements of a recreational fire including setbacks,pile size,etc. / Formatted:Space After: 0 pt
Formatted:List Paragraph,Numbered+Level:1 +
• 9.48.080-Burning Penalties., Numbering Style:a,b,c,...+Start at:1 +Alignment:
Left+Aligned at: 0.25"+Indent at: 0.5"
(a) Failure to comply with the rules of this chapter or any conditions of a written permit may
result in all or any of the following enforcement actions: Formatted:List Paragraph,Outline numbered+Level:
2+Numbering Style:1,2,3,...+Aligned at: 0.75"+
(1) Revocation of the issued permit Indent at: 1"
' Formatted:Indent:Left: 1",Space After: 0 pt
(2) Suspension of the privilege to obtain a burn permit or burn privileges for up to a two-------- Formatted:List Paragraph,Outline numbered+Level:
year period from the date the burning violation occurred. 2+Numbering Style:1,2,3,...+Aligned at: 0.75"+
(3) Recovery of any or all costs from the permittee.person responsible or property Indent at: 1"
owner that are necessary to control or extinguish the fire(permitted or unpermitted)
caused in part or in whole by negligent acts or omissions
(4) Enforcement actions pursuant to Mason County Code Chapter 6.72,15.13,the
Washington Administrative Code(WAC)or Revised Code of Washington(RCW).
(b) Notwithstanding any other provisions of this section,if any burn activities allowed under this
chapter result in damages to any property,nothing shall preclude the injured party from seeking
civil damages from the responsible party.
Chapter 9.48-OUTDOOR BURNING PROGRAM
• 9.48.010- Established.
Pursuant to RCW 70.94,an outdoor burning program has been established in Mason County as set out
in this chapter.
(Res. 4-95(part), 1995)
• 9.48.020-Definitions (from WAC 173-425-030)
(a) Agricultural burning: Outdoor burning including but not limited to any incidental agricultural
burning for pest or disease control.Agricultural burning is governed by WAC 173-430, not this
chapter.
(b) Construction/demolition debris:All material resulting from the construction, renovation or
demolition of buildings, roads or other man-made structures.
(c) Indian ceremonial fires: Fires necessary for Native American ceremonies (i.e. conducted by
and for Native Americans) if part of a religious ritual.
(d) Land clearing burning:The burning of trees, stumps, shrubbery or other natural vegetation
from land clearing projects conducted to use the land for a different purpose or leave unused.
(e) Natural vegetation: Unprocessed plant material from herbs, shrubbery and trees including
grass,weeds, leaves, clippings, pruning, brush, branches, roots, stumps and trunk wood.
(f) Nuisance:An emission of smoke or any other air contaminant that unreasonably interferes
with the use and enjoyment of the property upon which it is deposited.
(g) Outdoor burning:The combustion of material of any type in an open fire or outdoor container
without providing for the control of combustion or the control of emissions from the
combustion. For purposes of this chapter,"outdoor burning" means all types of outdoor
burning except agricultural and Silvicultural burning.
(h) Recreational fire:A fire no greater than three feet in diameter within an approved campfire pit,
ring or barbecue using charcoal or firewood that occurs in designated areas or on private
property for cooking, pleasure or ceremonial purposes.
(i) Residential burning:The outdoor burning of leaves, clippings, pruning and other yard and
other natural vegetation on lands adjacent to a human dwelling conducted by the property
owner.
(j) Silvicultural burning: Burning on any land the Department of Natural Resources(DNR)
protects per RCW 70.94.030(13). Silviculture burning is not governed by this chapter.
• 9.48.030 Basis for permitting outdoor burning.
All open fires are permitted under a general rule-program or by written permit. It is unlawful for any
person to cause or allow an outdoor fire containing prohibited materials which include but are not
limited to garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastic,
paper, cardboard,treated wood, processed wood, construction/demolition debris, metal or any
substance which when burned, releases toxic emissions, dense smoke or obnoxious orders.When
starting fires, a limited amount of paper may be used. ORCAA may also allow the limited burning of
prohibitive materials for fire training.
(Res. 4-95 s 1, 1995).
1
• 9.48.040-Written permits.
(a) Pursuant to the Memorandum of Agreement(MOA) between the Olympic Region Clean Air
Agency(ORCAA)and Mason County,written permits for land clearing burning are required and
may only be issued by the Mason County Department of Community Development/Fire
Marshal's office.
(b) Written permits will only be issued for:
(1) Land clearing fires(larger than four feet in diameter)consisting of natural vegetation as
defined in 9.48.020(e)resulting from land clearing projects.
(2) Permits will not be issued for the burning of materials other than natural vegetation.
(3) The duration of a written permit shall not exceed one month unless an extension is
granted by the Fire Marshal.
(4) Permitted fires shall be inspected by the Community Development/Fire Marshal's
office and be subject to the conditions listed on the permit and this chapter.The
individual conducting the burning shall be at the site during the inspection to
acknowledge the burn requirements and sign the permit. If a representative is absent, it
will result in a failure and be subject to an additional inspection(s) and charge(s).
(5) Written permits will not be required for residential, recreational burning or Indian
ceremonial fires.
(Res. 4-95 ss 2, 3, 1995)
• 9.48.050- Residential burning.
(a) Residential burning is allowed under the general rule program for a total of fourteen days each
calendar year.
(b) Property owners may pick the specific days they wish to burn, as long as the total, in any
calendar year,does not exceed the fourteen days.
(c) Pursuant to WAC 173-425-040, residential burning is prohibited within any established Urban
Growth Area.
(d) No fees will be charged for residential burning and a written permit is not required. However,
the person in charge of the fire shall adhere to the following requirements:
(1) Burn only natural vegetation as defined in 9.48.020(e).
(2) Not allow the fire to exceed 4 feet in diameter or 4 feet in height
(3) Maintain a 10-foot firebreak(down to bare earth) around the pile.
(4) Maintain 20 feet of vertical clearance from overhanging branches.
(5) Maintain a distance of at least 50 feet from any structure or combustible materials.
(6) Burning may only occur during daylight hours and be extinguished by nightfall.
(7) All materials must originate from the property the burning occurs(material may not be
brought from another site).
(8) The fire must not create a nuisance from the smoke or endanger life and/or property.
(9) A person with an approved water source capable of extinguishing the fire shall be in
constant attendance at the site while burning.
(Res.4-95 s 4, 1995)
• 9.48.060- Recreational fires
(a) Recreational fires are allowed under the general rule burn program, do not require a permit and
shall adhere to the following requirements:
(1) Occur in a campfire pit, ring or barbeque
(2) Not exceed 3 feet in diameter.
2
(3) Maintain a 10 foot firebreak around the pile.
(4) Maintain 20 feet of vertical clearance from overhanging branches.
(5) Maintain a distance of at least 25 feet from any structure or combustible materials.
(6) The fire must not create a nuisance from the smoke or endanger life and/or property.
(7) A person with an approved water source capable of extinguishing the fire shall be in
constant attendance at the site while burning.
(Res. 4-95 s 5, 1995)
• 9.48.070-Agricultural burning
Agricultural burning as described in 9.48.020(a) is exempt from these regulations but pursuant to WAC
173-430-020, shall require a permit from ORCAA and prior notification to the local fire department.
• 9.48.080-Indian ceremonial fires
Indian ceremonial fires are allowed under the general rule program and shall adhere to all the
requirements for a recreational fire including setbacks, pile size, etc.
• 9.48.090-Penalties
(a) Failure to comply with the provisions of this chapter or any conditions of a written permit may
result in any or all of the following enforcement actions:
(1) Revocation of an issued permit
(2) Suspension of any burn privileges for up to two years from the date the burn violation
occurred.
(3) Recovery of any or all costs that are necessary to control or extinguish the fire (permitted or
unpermitted)from the permittee, person responsible or property owner caused in part or in
whole by negligent acts or omissions.
(4) Enforcement actions pursuant to Mason County Code, chapters 6.72, 15.13,the
Washington Administrative Code(WAC) or the Revised Code of Washington (RCW).
(b) Notwithstanding any other provisions of this chapter, if any burn activities occurring under this
chapter result in damage to any personal property, nothing shall preclude the injured party
from seeking civil damages from the responsible party.
3
`PSpis CO( )U��
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners Item No. 8.7
From: Melissa Casey Ext:404
Department: Public Health Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): 4/20/26 Agenda Date(s): 4/28/26
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:North Mason Regional Fire Authority(NMRFA) Syndemic Clinical Services
Background/Executive Summary:
In January 2024,Public Health&Human Services was awarded funding through the WA Department of
Health(DOH)to implement clinical services for Substance Use Mobile Outreach program participants.
Public Health partnered with North Mason Regional Fire Authority's Mobile Integrated Health Program
(MIHP)to provide the full scope of clinical services in conjunction with MIHP's expansion into South
Mason County. Services include on-site access to wound care, infectious disease testing, STI and hepatitis
C treatment,medications for opioid use disorder, and other SUD/mental health recovery services and
support.NMRFA MIHP is now fully staffed with an Advanced Registered Nurse Practitioner(ARNP), a
Psychiatric Advanced Registered Nurse Practitioner(Psych-ARNP),Licensed Practical Nurse (LPN), and
a Peer Specialist to support expansion. The additional funds will support staff time,travel, laboratory
testing, and the necessary equipment to process labs and connect patients to treatment services more
rapidly.
Associated Costs/Budget Impact(amount,funding source,budget amendment, etc.):
No impact to General Fund;program is already budgeted through state DOH contract
Public Outreach:
N/A
Requested Action:
Move contract amendment to 4/28/26 action agenda for approval
Attachment(s):
NMRFA Syndemic Clinical Services Amendment#4
Contract Between
Mason County
and
North Mason Regional Fire Authority
Professional Services Contract #25-014
Amendment#4
IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows:
1. AMENDMENT TERM: January 1, 2026 —June 30, 2026
2. BUDGET AMENDMENT:
Budget Category Starting Budget Amended Amount Total New Budget
Psychiatric ARNP $35,488.25 $73,057.57 $108,545.82
Clinical Services
Total $35,488.25 $73,057.57 $108,545.82
ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto
remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day
of , 2026.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WA
Beau Bakken, Fire Chief Pat Tarzwell, Chair
North Mason Regional Fire Authority
1
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: ❑x
Action Agenda: ❑x
Public Hearing: ❑x
Special Meeting: El
Briefing Date(s): May 6, 2024 Agenda Date: Click or tap here to enter text.
July 1, 2024 May 21,2024(setting hearing)
August 5,2024 July 2,2024(hearing canceled)
April 20,2026 July 8,2024(Special Mtg/setting new hearing date)
August 13,2024(Hearing)
April 28, 2026 (Setting Final Assessment Roll Hearing)
June 9,2026(Hearing)
Internal Review: ❑ Finance El Human Resources ❑x Legal El Information Technology El 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: Road Improvement District(RID)No.2024-01 -Shetland Road
Final Assessment Roll, Road Acceptance, and Speed Limit—Set Hearing/Hearing
Background/Executive Summary:
The Shetland Road Improvement District(RID No. 2024-01)was approved by the Board on August 13,2024.
Construction of the improvements has been completed by County forces. The Mason County Treasurer secured
a short-term external loan on behalf of the Road Improvement District. The loan will be repaid using proceeds
from property assessments within the district. Property owners may pay their assessments in full within thirty
(30)days of the Treasurer's notice without interest or penalty.Any unpaid balances thereafter will be financed
through installment payments with interest at a rate of 3.9%per annum,consistent with statutory requirements.
Public Works has prepared the Final Assessment Roll and is ready to proceed with the final steps for Board
consideration.
The total project cost is $184,860.92 financed through a loan with estimated interest, loan and service
charge fees,totaling$42,984.08 resulting in a total loan amount of$227,845.00
There are 92 parcels within the district. Of these,41 parcels are exempt or excluded from the assessment
and will not be charged for the following reasons:
• 17 parcels (frontage property donating right-of-way excluded)
• 19 parcels (State or County owned exempt)
• 5 parcels (designated forest land excluded)
The remaining 51 parcels will be assessed for the improvements. The estimated cost per assessed parcel
is:
• $3,624.72 if paid in full within the 30-day grace period(no interest), or
• $4,467.55 if paid over 5 years(includes estimated 4%interest rate)
Mason County
Agenda Request Form
/A t!
Budget Impact:
None.
Public Outreach:
• Exemption letters sent Feb 2,2026,with 30-day response period.
• Final Assessment Roll notice sent via certified mail.
• Assessment information available for public review; staff available for questions.
• Hearing notice published in Shelton Journal and mailed to affected property owners per
statutory requirements.
Requested Action:
Request the Board of County Commissioners, acting in its dual capacity as the Board of Equalization and the
Board of County Commissioners,to take the following actions:
1. April 28,2026—Regular Agenda
• Set a public hearing for June 9,2026,at 9:15 a.m., at which the Board of County
Commissioners will sit as the Board of Equalization to consider the Final Assessment
Roll for Shetland Road Improvement District(RID)No. 2024-01.
• Set a public hearing for June 9,2026,at 9:15am to consider establishment of road into
county road system and a speed limit for Shetland Road Improvement District(RID)No.
2024-01.
2. June 9,2026—Public Hearings
• Board of Equalization:
Conduct a public hearing to consider the Final Assessment Roll for Shetland Road
Improvement District(RID)No. 2024-01,including any objections filed by property
owners or revisions.
• Board of County Commissioners: Following the conclusion of the Board of
Equalization hearing,the Board of County Commissioners will consider adopting:
• A resolution confirming the Final Assessment Roll for Shetland Road
Improvement District(RID)No. 2024-01 and certifying the assessment roll to the
Mason County Treasurer for collection.
• A resolution accepting the improved portion of Shetland Road into the Mason
County road system.
• An ordinance establishing a 25 MPH speed limit on the Shetland Road segment
within RID No. 2024-01.
Attachments:
1. Vicinity map showing accepted portion of Shetland Road
2. Resolution setting hearings for Final Assessment,Road Acceptance, and Speed Limit
3. Notice of Hearings
4. Letter Notice to Property Owners
5. Draft Resolution for Final Assessment
6. Road Acceptance Resolution
7. Speed Limit Ordinance
8. Engineers Report-Traffic Investigation
9. Engineers Report—Shetland RID
10. Final Assessment Roll
SHETLAND ROAD RID 2024-01
M ti
o I 0 321163190171 � 321167500330 321167600560
321167600550
^ ^ ^ $ A�~ 321167600540
'" 10 r, ,y0'h 321167 321167600570 `N
M M rn M /�titi 590322 321167590321
32116359pj82 321167600580
321167500120 32116759033211675903, - o -• ,�
321167500210 p / M y
c'r 321167600590 � ^
r6�s 32116 - e
7500300 g ry o II
0 e uoi
321167500110 321167500220 � g M `r nb v o C
'� dl 321167600600 e $
321167590101 321167500200 16�S ry ti ti
321167590103 l M oa �cj✓ �JI6, ppdgp 0 Al '� "'•
Section 16
T21N
321167590104 1 321167590102 oN 0 321163490251 s� Spp 6360x' �o� 3?
C ror. o 9p 321 ^�� fls)s' 321167600510
321167590092 I a �o M .67~0 'titiry 321I67600q ppspp - a R3W
rrvi M M ry N ry 321164390361 M 9D $ o
321167590091� `° m 32I167600370
^� 321167600370 0 '°
321163390081 0 `" ^ n'
IC o ,� 321167690381 ' �'+0 0 0 N 321167600350 ^ N `n
n n g 321167690382 ISIP m o - o o
321163390082 ''C" 321167590011 0 O
M M m m 321167600340 0 0 n
321167590012
321212000010
321167600390 321167600400 $ `M 1 M
n1
321212200010 321212100010 321211200010 321211100010 Lily
Pond
m
a
n
d
Rc
0
a 321211390120
321212400010
321211400000
Section 21
T21N
R3W
S
0
321214100010
321213200010
0
Z
J
F-
LU 321214100020
2
N
w
321213400010 E BAWAY
0
= o
Lake
Leprechaun
ft�321213400020 MP 0.306 0�
E SHETLAND RD
E TINTAGEL PL
Assessment S.T.R.
Remaining RID Parcels �Pc'
Road Frontage Parcels
0 500 1,000 2,000 Feet
• Mile Posts II I I�I I I II I I I I I
Parcel Boundary
RESOLUTION NO.2026-
IN THE MATTER OF MASON COUNTY ROAD IMPROVEMENT DISTRICT(RID)NO.2024-01
IMPROVEMENT OF PORTION OF SHETLAND ROAD LOCATED IN SECTIONS 16 AND 21,
TOWNSHIP 21 NORTH,RANGE 3 WEST,W.M.,MASON COUNTY,WASHINGTON
RESOLUTION SETTING DATE FOR BOARD OF EQUALIZATION HEARING ON FINAL
ASSESSMENT ROLL FOR ROAD IMPROVEMENT DISTRICT NO.2024-01,AND SCHEDULING
ACTIONS OF THE BOARD OF COUNTY COMMISSIONERS REGARDING ROAD
ACCEPTANCE AND SPEED LIMIT ESTABLISHMENT,AND ORDERING NOTICE THEREOF
WHEREAS:
1. Petition and Formation:A petition was filed requesting the formation of a road improvement district
(RID)for Shetland Road,describing the nature and extent of the proposed improvement.The petition
was signed by property owners representing a majority of the lineal frontage and area within the
proposed district.The Board determined that the petition was sufficient and the district sufficiently
developed; and
2. Intent and Formation: On July 8,2024,Resolution No.2024-040 declared the intent to improve
Shetland Road,and on August 13,2024,the Board of Commissioners established Road Improvement
District(RID)No.2024-01,for the project; and
3. Project Completion: The improvements to Shetland Road have been completed in accordance with the
project specification by County Forces; and
4. Assessment Roll Preparation:The final assessment roll for RID No. 2024-01 has been prepared and
filed with the Clerk of the Board as required;and
5. Funding Source: The Board intends to utilize an external loan to cover short-term financing needs for
RID No. 2024-01.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MASON COUNTY,WASHINGTON:
1.Public Hearings
The Board hereby sets June 9,2026,at 9:15 a.m.,at the Mason County Commission Chambers,411 North
Fifth Street, Shelton,Washington, for the following hearings:
a. Board of Equalization(BOE):
The Board of County Commissioners will sit as the Board of Equalization to:
• Hear the final assessment roll for RID No. 2024-01.
• Receive any written or oral objections from property owners.
• Confirm, correct,revise,raise, lower,or otherwise modify the assessment roll as necessary.
b. Board of County Commissioners(following the BOE hearing):
Following completion of the Board of Equalization hearing,the Board of County
Commissioners,acting in their capacity as the governing body,will consider:
• Acceptance of the improved portion of Shetland Road(MP 0.306- 1.670)into the Mason
County Road system as part of County Road No. 56020.
• Establishment of a 25-mph speed limit on the improved portion of Shetland Road.
2.Notice
a.Publication: The Clerk of the Board is directed to publish notice in a newspaper of general
circulation within Mason County at least 15 days prior to the hearing.
b.Mailing: The Public Works Department shall mail notice to each owner or reputed owner of
property listed on the assessment roll at least 15 days prior to the hearing. The notice shall state:
• The time, date, and place of the hearings;
• The purpose of the hearings; and
• Property owners' right to file written objections with the Clerk prior to the Board of County
Commissioners sitting as the Board of Equalization at the scheduled hearing.
3.Final Assessment Roll
• At the time set forth above,the Board of County Commissioners shall convene and sit as the Board
of Equalization to hear objections to the final assessment roll.
• The Board, acting as the Board of Equalization,may confirm, correct,revise,raise,lower, or
otherwise modify the assessment roll.
• Following conclusion of the Board of Equalization hearing,the Board of County Commissioners,
acting in its capacity as the governing body, may confirm the final assessment roll and certify it to
the Mason County Treasurer for collection in accordance with applicable law.
4. Funding and Financing
The Board acknowledges that the improvements to RID No. 2024-01 have been funded through an external
loan. The loan shall be repaid from the proceeds of the assessments confirmed under the final assessment
roll,to be collected by the Mason County Treasurer.
5.Ratification and Effective Date
This resolution shall take effect immediately upon adoption.
ADOPTED THIS OF 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
MCKENZIE SMITH, PAT TARZWELL,Chair
Clerk of the Board
APPROVED AS TO FORM: RANDY NEATHERLIN,Vice Chair
TIM WHITEHEAD,Ch.DPA SHARON TRASK,Commissioner
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Mason County,
Washington,will hold a public hearing in Mason County Building I, Commission Chambers,411 North
Fifth Street, Shelton,WA 98584, on June 9,2026,at 9:15 A.M.
SAID HEARING,will be to take public comments regarding the Final Assessment Roll for the
Shetland Road Improvement District(RID No. 2024-0 1), including any objections filed by property
owners pursuant to RCW 36.88.090. The improvements include roadway upgrades to the privately
maintained portion of Shetland Road,previously requested by the Sunny Woods Homeowners'
Association.
At the time and place stated above,the Board of County Commissioners will sit as the Board of
Equalization to hear and consider the Final Assessment Roll and any objections thereto.
At the same hearing,the Board will also consider acceptance of the improved portion of Shetland Road,
which is not currently maintained by Mason County,into the Mason County road system,while the
existing county-maintained portion will remain unchanged, and establishment of a 25 MPH speed limit on
the Shetland Road segment within the RID.
All interested persons are invited to attend and provide testimony. The Final Assessment Roll is on file
with the Clerk of the Board and is available for public inspection or electronic copy upon request during
regular business hours.
Public testimony will be available in-person or via Zoom. The URL is available on the County website
https://www.masoncountywa.gov/to sign into the meeting. Please use the"raise hand"feature to be recognized
by the Chair to provide your testimony. You can also email testimony to msmith( ,masoncountywa.gov or
mail to the Commissioners' Office,411 N 5"'St, Shelton,WA 98584;or call(360)427-9670 ext.230.
If special accommodations are needed,please contact the Commissioners'office,(360)427-9670 ext.
419.
DATED this 28'day of April,2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board
Bill: Mason County Public Works Department
100 W Public Works Drive
Shelton,WA 98584
Cc: Commissioners
Assessor
Treasurer
Shelton Journal: Publ. 2t: 5/7/26&5/14/26
Notice Of Hearing Final Assessment Roll for
Road Improvement District (RID) No. 2024-01
NOTICE IS HEREBY GIVEN that the Mason County Board of County Commissioners has set
Tuesday,June 9,2026,at 9:15 A.M.,in the Commissioners Chambers,411 N 5th Street,
Shelton,Washington,as the time and place for a public hearing to consider and confirm the
final assessment roll for Road Improvement District(RID)No.2024-01.
MASON COUNTY
MISSION The RID was established for the improvement of Shetland Road,including roadway surface
improvements,drainage improvements,and related work to address dust,potholes,safety,
The mission of Mason access,and overall roadway conditions.The improvement is located within Sections 16 and 21,
County Government is to Township 21 North,Range 3 West,W.M.,and includes Shetland Road from approximately
provide essential& gpp y
mandated services which milepost 0.306 to milepost 1.67.
will preserve&benefit the
health,safety&welfare of The total project cost is$184,860.92. If fully financed,estimated interest and service fees of
the general public in a
professional and courteous $42,984.08 increase the total estimated obligation to$227,845.
manner through the effective
and equitable management There are 92 parcels within the district.Of these,41 parcels are exempt from the assessment
of available public and will not be charged for the following reasons:
resources. • 17 parcels(right-of-way donation)
• 19 parcels(state or county owned)
Mason County recognizes • 5 parcels(designated forest land)
that its employees&
volunteers are the
foundation upon which The remaining 51 parcels will be assessed for the improvement.The estimated yearly cost per
these services are provided, assessed parcel is:
• $3,624.72 if paid in full within the 30-day grace period(no interest),or
• $4,467.55 if paid over 5 years(includes estimated 4%interest rate)
The improvements are determined to provide special benefits to the assessed properties,
including improved access,safety,drainage,and overall property utility,and the total
assessments do not exceed the special benefits conferred.
The Board of County Commissioners will sit as the Board of Equalization at the hearing to
consider the final assessment roll and hear any objections from property owners regarding their
assessments.The Board may continue the hearing to another date if deemed necessary.
The final assessment roll has been prepared,is attached to this notice,and is also available
upon request from the Clerk of the Board or the Mason County Public Works Department.
All persons desiring to object to the assessments shall file written objections with the Clerk of
the Board at the address above or emailed to msmithmasoncoun,wa.gov on or before the
time of the hearing.Objections must state the grounds for objection.Property owners may also
appear at the hearing to present their objections.
At the hearing,the Board may correct,revise,raise, lower, change, or modify the assessment
roll or any part thereof,and may confirm the roll as submitted or as modified.
Following confirmation,the assessment roll will be certified to the Mason County Treasurer for
collection. The Treasurer will provide notice of a 30-day period during which assessments may
be paid in whole or in part without interest or penalty.Any amount not paid during that period
shall be payable in installments with interest on the unpaid balance.
For additional information,contact the Mason County Public Works Department at(360)427-
9670,Ext.450.
RESOLUTION NO.2026-
IN THE MATTER OF MASON COUNTY,WASHINGTON ) RESOLUTION CONFIRMING FINAL
ROAD IMPROVEMENT DISTRICT(RID)NO.2024-01 ) ASSESSMENT ROLL AND CERTIFYING
SHETLAND ROAD,LOCATED IN SECTIONS 16,AND 21, ) IT TO THE COUNTY TREASURER FOR
TOWNSHIP 21 NORTH,RANGE 3 WEST,W.M.,MASON ) COLLECTION AND PROVIDING FOR
COUNTY,WASHINGTON RELATED MATTERS
WHEREAS:
1. A legally sufficient petition was filed by the Sunny Woods Homeowners'Association requesting formation of a
Road Improvement District(RID)for improvements to the privately maintained portion of Shetland Road; and
2. On July 8,2024,the Board adopted Resolution No.2024-040 declaring its intention to form RID No. 2024-01;
and
3. On August 13,2024,the Board established RID No.2024-01 through Resolution No.2024-046; and
4. The improvements described in the formation resolution have been completed by County forces in accordance
with project specifications;and
5. A final assessment roll has been prepared and filed with the Clerk of the Board in accordance with law;and
6. Proper notice was provided,and a public hearing before the Board of Equalization was held on June 9,2026,at
9:15am to consider any objections filed to the proposed final assessment roll; and
7. The Board has considered all objections filed in accordance with RCW 36.88.090 and finds that no changes to the
assessment roll are warranted and that the roll is fair and equitable; and
8. The Board finds that the assessments do not exceed the special benefits received by the assessed properties; and
9. The assessment roll should now be confirmed and certified to the Mason County Treasurer for collection in
accordance with applicable law.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MASON
COUNTY,WASHINGTON:
SECTION 1.CONFIRMATION OF FINAL ASSESSMENT ROLL
The final assessment roll for RID No. 2024-01, attached hereto as Exhibit"A"and incorporated by this reference, is
hereby confirmed. The Board finds that each property included within the assessment roll has received special benefit
from the improvements in an amount equal to or exceeding the assessment levied.The total amount of the assessment roll
is$227,845.00,which includes all costs of the improvements,including administrative and estimated financing costs.
SECTION 2.FUNDING AND CERTIFICATION TO TREASURER
The Board acknowledges that the project has been financed through property assessments and a short-term external loan
secured by Mason County.Repayment of the loan shall be made using funds collected through these assessments.
The confirmed final assessment roll is hereby certified to the Mason County Treasurer for collection.
Property owners may pay their assessments in full within thirty(30)days from the date of first publication of the
Treasurer's Notice of Collection,without interest or penalty.After that period, any remaining unpaid assessments shall be
payable in annual installments over a period of five(5)years,with interest at a rate of 3.9%per annum on the unpaid
balance.
The Treasurer is authorized to impose an annual service charge of up to$4.00 per parcel,to be billed each year to parcel
owners with outstanding assessments as part of the assessment roll billing process.
SECTION 3.PAYMENT NOTICE AND COLLECTION PROCESS
The Mason County Treasurer shall:
a. Publish the Notice of Collection of Assessments(Exhibit"B")in two consecutive issues of the official county
newspaper,the first of which shall occur within fifteen(15)days of the date of this resolution.
b. Mail the Notice to Property Owners(Exhibit"C")to each property owner listed on the assessment roll.
SECTION 4.PAYMENT AND PENALTIES
Assessments may be paid in full or in annual installments as provided in Section 2 of this Resolution. Interest on
unpaid installment balances shall accrue at the rate provided in Section 2. Delinquent assessments shall bear interest
at the rate of twelve percent(12%)per annum, as provided by law.
SECTION 5.RATIFICATION OF PRIOR ACTIONS
All prior acts and proceedings of the Board and County officials in connection with RID No. 2024-01,consistent with this
Resolution,are hereby ratified,approved,and confirmed.
SECTION 6. SEVERABILITY
If any section,sentence,clause,or phrase of this Resolution shall be held invalid, such invalidity shall not affect the
validity of the remaining portions.
SECTION 7.EFFECTIVE DATE
This Resolution shall take effect upon adoption. The final assessment roll shall become effective for collection
following the expiration of the ten(10)day appeal period in accordance with RCW 36.88.100 and applicable law.
ADOPTED this day of 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
MCKENZIE SMITH, PAT TARZWELL,Chair
Clerk of the Board
APPROVED AS TO FORM: RANDY NEATHERLIN,Vice Chair
TIM WHITEHEAD,Ch.DPA SHARON TRASK,Commissioner
Exhibit"A"—Final Assessment Roll
FINAL ASSESSMENT ROLL
MASON COUNTY ROAD IMPROVEMENT
DISTRICT NO. 2024-01
COUNTY ENGINEER'S CERTIFICATE
To the Honorable Board of
County Commissioners,of
Mason County,Washington.
Complying with Resolution No. 2024-040,being a resolution creating Mason County Road Improvement
District No. 2024-01, I have prepared the attached final assessment roll.
The total cost of the improvement to be assessed against the property benefited is the sum of Two hundred
twenty-seven thousand eight hundred forty-five dollars and 00/100($227,845.00),which has been
equitably apportioned among the properties described in the attached assessment roll according to the
special benefits received.
I certify that the attached assessment roll, consisting of data processing printout sheets, is a true and
correct final assessment roll of the aforesaid improvement.
I herewith transmit said roll to the Board of County Commissioners for equalization,hearing, and
confirmation in accordance with applicable law.
Respectfully,
Mike Collins,PLS,PE
County Engineer
Dated this day of , 2026
SHETLAND ROAD IMPROVEMENT DISTRICT NO. 2024-01
ASSESSMENT ROLL SPREADSHEET
51 ASSESSED PARCELS
32116-31-90171 S 4,467.55 TX RIDER,WILLIAM G&LINDA L 151 E SPIRIT CT EAST SHELTON
32116-33-90081 S 4.467.55 TX NOWACKI,JANE CAROL
32116-33-90082 S 4,467.55 TX WEEKS,KAIDA LIN&MATTHEW DAVID 353 E SUNNY WOODS RD W.SHELTON 98584
32116-34-90254 S 4,467.55 TX CHESLEDON.TROY R 200 E SUNNY WOODS RD W,SHELTON 98584
32116-43-90362 S 4,467.65 TX LATHROP.PATRICK J
32116-75-00030 S 4,467.55 TX FRIZZELL.DAN&LINDA 181 E SUNNY WOODS RD W,SHELTON 98584
32116-75-00040 S 4,467.55 TX SHEETZ.SALLY A 211 E SUNNY WOODS RD W.SHELTON 98584
32116-75-00050 S 4,467.55 TX THEM&M LIVING TRUST 291 E SUNNY WOODS RD W.SHELTON 98584
32116-75-00060 S 4,467.55 TX MATH,SARY 311 E SUNNY WOODS RD W.SHELTON 98584
32116-75-00070 S 4,467.55 TX GARCIA.JERUSHA&JUAN 321 E SUNNY WOODS RD W.SHELTON 98684
32116-75-00110 S 4,467.55 TX LONG,JEFFREY H&PRISCILLA N
32116-75-00120 S 4,467.55 TX STRICKLAND.HELEN C 191 E TRANQUILITY LN SHELTON
32116-75-00200 S 4,467.55 TX GUTIERREZ,REMY&ERIN 120 E SPIRIT CT,SHELTON
32116-75-00210 S 4,467.55 TX BAILEY,CECIL H JR 40 E SPIRIT COURT EAST SHELTON
32116-75-00220 S 4,467.55 TX LANZ ET UX,SAM 150 E TRANQUILITY LN.SHELTON
32116-75-00230 S 4,467.55 TX LANZ ET UX.SAM
32116-75-00240 S 4,467.55 TX PINKERTON,SEAN 300 E SUNNY WOODS RD W.SHELTON 98584
32116-75-00270 S 4.467.55 TX HERMAN,ROY A 8 STEFANIE 70 E SUNNY WOODS RD W.SHELTON 98584
32116-75-90021 S 4,467.55 TX CHIN,JOHN M&NALEE S 91 E SUNNY WOODS RD W.SHELTON 98584
32116-75-90022 S 4,467.55 TX REE SE,JOHN E 1501 E SHETLAND RD.SHELTON
32116-75-90091 S 4,467.55 TX SMITH.SHARON M&JAME A 51 E TRANQUILITY LANE SHELTON
32116-75-90092 S 4,467.55 TX KING ET AL.CYNTHIA L 360 E SUNNY WOODS RD W,SHELTON 98584
32116-75-90101 S 4,467.55 TX PHILLIPS REVOCABLE LIVING TRUST 83 E TRANQUILITY LN SHELTON
32116-75-90102 S 4,467.55 TX BOE,GARY E 81 E TRANQUILITY LN SHELTON
32116-75-90103 S 4,467.55 TX STEGGELL.WAYNE&DARLA 87 E TRANQUILITY LN SHELTON
32116-75-90104 S 4,467.55 TX PLUNKETT.MICHAEL H 85 E TRANQUILITY LN SHELTON
32116-76-90324 S 4.467.55 TX HOLM.JULIE L 221 E SUNNY WOODS RD E.SHELTON 98584
32116-76-00370 S 4,467.55 TX TRIMBLE.JASON E 154 E SUNNY WOODS DR.SHELTON 98584
32116-76-00390 S 4,467.55 TX CADLE.ROBERT SAM 191 E SANDY LAKE RD SHELTON
32116-76-00400 S 4.467.55 TX MAROUINA.JOSE W&VICKIE L 221 E SANDY LAKE RD.SHELTON
32116-76-00410 S 4,467.55 TX WALKER.DOUGLAS B&TERI L 271 E SANDY LAKE RD.SHELTON
32116-76-00420 S 4.467.55 TX MCBRIDE.JOSEPH F&JANE G 311 E SANDY LAKE RD SHELTON
32116-76-00430 S 4,467.55 TX MYERS.JACQUELINE A 341 E SANDY LAKE RD SHELTON
32116-76-00440 S 4,467.55 TX GLEASON,CHRISTOPHERP&THERESA F 390 E SANDY LAKE RD SHELTON
32116-76-00460 S 4,467.55 TX LAUBER,TERRANCE D&VICTORIA 550 E SUNNY WOODS DR,SHELTON 98584
32116-76-00460 S 4.467.55 TX LAUBER,TERRY D&VICTORIA Y
32116-76-00470 S 4,467.55 TX TRUST 080680 530 E SUNNY WOODS DR.SHELTON 98584
32116-76-00480 S 4,467.55 TX SEFFERNICK ET UX.WILLIAM J
32116-76-00490 S 4,467.55 TX TYLER. MERILYN LEE 200 E SUNNY WOODS DR,SHELTON 98584
32116-76-00500 S 4.467.55 TX TYLER. MERILYN LEE 250 E SUNNY WOODS DR,SHELTON 98584
32116-76-00510 S 4.467.55 TX KASPER,DENNIS&SHEILA 290 E SUNNY WOODS DR,SHELTON 98584
32116-76-00520 S 4,467.55 TX SEFFERNICK ET UX, WILLIAM J 310 E SUNNY WOODS DR.SHELTON 98584
32116-76-00530 S 4.467.55 TX SEFFERNICK ET UX,WILLIAM J 330 E SUNNY WOODS DR,SHELTON 98584
32116-76-00540 S 4,467.55 TX BROWN,JEFFREY EARL&JENNIE DIANE 541 E SUNNY WOODS DR,SHELTON 98584
32116-76-00580 S 4,467.55 TX HELLER JAMES H&BARBARA A 260 E SUNNY WOODS RD E,SHELTON 98584
32116-76-00590 S 4,467.55 TX BREWER ET VIR SAMANTHA P 240 E SUNNY WOODS RD E.SHELTON 98584
32116-76-00600 S 4,467.55 TX AGEEV 1999 FAMILY TRUST NICK&MARIA 120 E SUNNY WOODS RD E.SHELTON 98584
32116-76-00610 S 4.467.55 TX CHANDLER.JAMES J 41 E SUNNY WOODS DR.SHELTON 98584
32116-76-90381 S 4.467.55 TX SIZEMORE,VIRGINIA 31 E SANDY LAKE RD SHELTON
32116-76-90382 S 4,467.55 TX CHAVEZ ET UX.LINDSAY KALI JEAN 40 E SANDY LAKE RD SHELTON
32116-34-90251 S 4,467.55 TX CHESLEDON,TROY R&DESTINY A
41 PARCELS EXEMPT OR EXCLUDED FROM ASSESSMENT
32121.11-00010 Designated Forest TX KERNAN LIVING TRUST 1150 E SHETLAND RD.SHELTON
Land
32121-14-00000 Designated Forest TX JLCG L.L.C.
Land
32121 2200010 Designated Forest TX EAGLE.AMANDA&ANDREW 1203 E SHETLAND RD.SHELTON
Land
32121 2300010 Designated Forest TX SYLVAN INVESTMENTS LLC
Land
32121 3300010 Designated Forest TX SYLVAN INVESTMENTS LLC
Land
32121-12-00010 Donated ROW TX KERNAN LIVING TRUST
32121-21-00010 Donated ROW TX EAGLE.AMANDA R
32116-43-90361 Donated ROW TX LATHROP.PATRICK J
32116-75-90011 Donated ROW TX MITCHELL.KATHERINE K 1491 E SHETLAND RD.SHELTON
32116-75-90012 Donated ROW TX FOSS.PATRICIA 1471 E SHETLAND RD.SHELTON
32116-75-90023 Donated ROW TX REESE.JOHN E 1521 E SHETLAND RD.SHELTON
32116-76-00340 Donated ROW TX PETERS.JOSEPH R 1490 E SHETLAND ROAD SHELTON
32116-76-00350 Donated ROW TX GREER.DOUGLAS L&BRANDI A 1520 E SHETLAND RD.SHELTON
32121-13-90110 Donated ROW TX JOHNSON,JILL&ADAM 920 E SHETLAND ROAD.SHELTON
32121-13-90120 Donated ROW TX HICKS.CHARLES T 8 MIRIAH L 922 E SHETLAND RD.SHELTON
32121-24-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121-32-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121-34-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121-34-00020 Donated ROW TX SYLVAN INVESTMENTS LLC
32121-41-00020 Donated ROW TX CRANBERRY LAKE FOUNDATION
32121-43-00010 Donated ROW TX CRANBERRY LAKE FOUNDATION
32121-41-00010 Donated ROW OP CASCADE NATURAL GASCORP
32116-75-00130 Exclude DNR ST STATE OF WASHINGTON 13W SPIRIT CT SHELTON
32116-75-00140 Exclude DNR ST STATE OF WASHINGTON
32116-75-00150 Exclude DNR ST STATE OF WASHINGTON
32116-75-00160 Exclude DNR ST STATE OF WASHINGTON
32116-75-00190 Exclude DNR ST STATE OF WASHINGTON
32116-75-00280 Exclude DNR ST STATE OF WASHINGTON
32116-75-00290 Exclude DNR ST STATE OF WASHINGTON
32116-75-00300 Exclude DNR ST STATE OF WASHINGTON
32116-75-90181 Exclude DNR ST STATE OF WASHINGTON
32116-75-90182 Exclude DNR ST STATE OF WASHINGTON
32116-75-90321 Exclude DNR ST STATE OF WASHINGTON 301 E SUNNY WOODS RD E.SHELTON 98584
32116-75-90322 Exclude DNR ST STATE OF WASHINGTON
32116-75-90323 Exclude DNR ST STATE OF WASHINGTON 221 E SUNNY WOODS RD E.SHELTON 98584
32116-76-00550 Exclude DNR ST STATE OF WASHINGTON
32116-76-00560 Exclude DNR ST STATE OF WASHINGTON 360 E SUNNY WOODS RD E.SHELTON 98584
32116-76-00570 Exclude DNR ST STATE OF WASHINGTON
32116-75-00330 Exclude State of WA ST STATE OF WASHINGTON
32121-41-60000 Exclude Mason County CO MASON COUNTY A MUNICIPAL CORPORATION
32121-20-00010 Exclude USA FE UNITED STATES OF AMERICA
Exhibit "B" —Notice of Collection of Assessment
NOTICE OF COLLECTION OF ASSESSMENTS
FOR SHETLAND ROAD IMPROVEMENT DISTRICT(RID)NO.2024-01
To: All Property Owners and Interested Parties
Date of First Publication: [To be inserted by County Treasurer upon publication]
This notice is to inform you that the final assessment roll for Shetland Road Improvement District(RID)
No. 2024-01 has been confirmed by the Board of County Commissioners of Mason County,Washington,
and certified to the Mason County Treasurer for collection in accordance with law.
Assessment Roll: The final assessment roll is on file with the Mason County Clerk of the Board and
includes all properties within RID No. 2024-01.
Payment Information:
• Thirty-Day Prepayment Period:
Assessments may be paid in full or in part without penalty, interest, or costs within thirty(30)
days from the date of first publication of this notice.
• Installment Payments:
Any remaining unpaid balance after the thirty(30)day period shall be payable in five(5) equal
annual installments.
• Interest Rate:
Interest shall accrue at the rate of 3.9%per annum on unpaid installment balances.Delinquent
assessments shall bear interest at the rate of twelve percent(12%)per annum,as provided by law.
Final Payment Date:
The final date for payment without interest or penalty shall be determined based on the date of first
publication.
Where to Pay:
Payments should be made payable to the Mason County Treasurer.
Mason County Treasurer's Office
P.O. Box 429
411 5' Street
Shelton,WA 98584.
(360)427-9670, Ext. 475.
Dated this day of , 2026(for administrative use upon issuance).
Published: 2t /_/2026&_/ /2026
Exhibit "C" —Notice to Property Owners
NOTICE TO PROPERTY OWNERS
FOR SHETLAND ROAD IMPROVEMENT DISTRICT (RID)NO.2024-01
To: All Property Owners within Shetland Road Improvement District(RID)No. 2024-01
Date: (Mailing date)
This notice is to inform you that the final assessment roll for Shetland Road Improvement District(RID)
No. 2024-01 has been confirmed by the Board of County Commissioners of Mason County,Washington,
and certified to the Mason County Treasurer for collection in accordance with law.
Assessment Roll:
• The final assessment roll is on file with the Mason County Clerk of the Board and includes all
properties within RID No.2024-01.
• The assessments are based on the special benefits derived from the improvements made to
Shetland Road.
Payment Information:
• Payment Deadline: You may pay your assessment in full without penalty, interest, or costs
within thirty(30) days from the date of first publication of the notice(see Exhibit"B").
• Installments: Any unpaid assessments after the initial thirty(30)day period will be payable in
five(5)equal annual installments,with interest at a rate of 3.9%per annum. Delinquent
assessments shall bear interest at the rate of twelve percent(12%)per annum,as provided by law.
• Payment Location: Payments should be made to the Mason County Treasurer at 411 N 5'
Street, Shelton,WA 98584.
Additional Information:
Full details regarding the assessment roll are available at the Mason County Public Works Department
(360)427-9670,Ext. 450.
For questions regarding the assessment or payment process,contact the Mason County Treasurer at
(360)427-9670, Ext. 475.
Dated this day of , 2026.
RESOLUTION NO. 2026-
ACCEPTANCE OF A PRIVATE PORTION OF SHETLAND ROAD INTO THE MASON
COUNTY ROAD SYSTEM AS A PORTION OF COUNTY ROAD NO. 56020
WHEREAS:
1. Existing County Road: A portion of Shetland Road is currently a county-maintained
public road designated as County Road No. 56020; and
2. Private Portion: An adjacent portion from milepost 0.306 to milepost 1.670 of Shetland
Road has historically existed as a privately maintained roadway and lies within Sections
16 and 21, Township 21 North, Range 3 West, W.M., Mason County, Washington; and
3. Road Improvement District: On August 13, 2024, the Board of County Commissioners
established Mason County Road Improvement District No. 2024-01 (RID No. 2024-01)
for the improvement to the private portion of Shetland Road; and
4. Construction Completion: The improvements to the private portion of Shetland Road
have been completed by County Forces in accordance with applicable County roadway
standards and the RID No. 2024-01 project specifications; and
5. Standards and Public Interest: The Board finds that the improved private portion of
Shetland Road now meets Mason County roadway standards and that acceptance into the
County road system is in the public interest and will benefit the general public; and
6. Authority: RCW 36.75 authorizes the Board of County Commissioners to establish,
alter, and accept county roads into the county road system.
7. Right-of-Way Acquisition: The County has acquired sufficient right-of-way for public
road purposes along the private portion of Shetland Road through recorded easements
granted to the public and/or Mason County, except for the segment located adjacent to
Parcel No. 32121-41-60000, where the County holds fee simple title by Quit Claim Deed
recorded under Auditor's File No. 2218758, records of the Mason County Auditor;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MASON COUNTY,WASHINGTON:
1. Acceptance into County Road System: The Board hereby accepts and incorporates into
the county road system the improved private portion of Shetland Road.
2. Road Designation: The accepted portion of Shetland Road shall be incorporated into and
designated as part of County Road No. 56020.
3. Extent of Road: The portion of Shetland Road accepted by this resolution is more
particularly described as follows:
All that portion of Shetland Road, being the private section proposed for acceptance into
the Mason County Road System, lying within Sections 16 and 21, Township 21 North,
Range 3 West, W.M., Mason County, Washington, and extending from Milepost 0.306 to
Milepost 1.670. The right-of-way for said portion is established as sixty (60)feet in total
width, consisting of thirty (3 0)feet on each side of the roadway centerline, measured
perpendicular thereto, as defined by Survey 37-94 (AF No. 1967520), Survey 7-21 (AF
No. 379385), and Survey 5-30 (AF No. 360682), records of Mason County.
4. Maintenance Responsibility: Upon adoption of this resolution, Mason County shall
assume responsibility for the operation, maintenance, and preservation of the accepted
portion of Shetland Road as a County Road. The new total length of Shetland Road is
established from 0.00 to 1.670, totaling 1.670 miles.
5. Effective Date:
This resolution shall take effect immediately upon adoption. The Public Works
Department shall update the County Road Log and official County road maps to reflect
the acceptance authorized herein.
ADOPTED THIS OF 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
MCKENZIE SMITH, PAT TARZWELL, Chair
Clerk of the Board
APPROVED AS TO FORM: RANDY NEATHERLIN,Vice Chair
TIM WHITEHEAD, Ch. DPA SHARON TRASK, Commissioner
ORDINANCE NO.2026-
ESTABLISHING AND CONFIRMING SPEED LIMITS ON SHETLAND ROAD AND
AMENDING RESOLUTION NO.63-82
WHEREAS,the Revised Code of Washington RCW 46.61.415 permits local authorities to
establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on county roads within
their jurisdiction based on engineering and traffic investigation;and,
WHEREAS,in accordance with Chapter 10.04 of the Mason County Code the board of
county commissioners,by ordinance,may raise or lower a speed limit on any county road,except
raising above fifty miles per hour;and,
WHEREAS,Mason County Resolution No. 63-82 established maximum speed limits on
various county roads,including the county-maintained portion of Shetland Road; and
WHEREAS, a portion of Shetland Road formerly private was acquired by the county
under Road Improvement District No. 2024-01 (CRP 2053); and
WHEREAS,the Mason County Public Works Department has conducted an engineering
and traffic investigation and to ensure consistency along Shetland Road and improve safety,the
speed limit for the newly acquired portion should match the existing 25 miles per hour limit on
the adjacent section of Shetland Road.
WHEREAS,County Commissioners held a public hearing and received public testimony
regarding the speed limit on Shetland Road; and,
NOW THEREFORE,BE IT ORDAINED,that County Commissioners, after due
deliberation and in the best interest of the public,hereby adopt the speed limit posting for the
entirety of Shetland Road as follows:
Existing Recommended
Road No. Road Name Speed Speed M.P.-M.P.
56020 Shetland Road 25 mph No Change 0.000—0.306
N/P 25 mph 0.306— 1.670
BE IT FURTHER ORDAINED,that this ordinance amends Resolution No. 63-82
pertaining to Shetland Road; and,
BE IT FURTHER ORDAINED AND ORDERED, that the speed limit is effective,as
soon as posted,as shown above for Shetland Road and the County Engineer is directed to erect the
necessary signs in conformity herewith.
DATED this day of ,2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Pat Tarzwell,Chair
ATTEST:
Randy Neatherlin,Vice Chair
McKenzie Smith,Clerk of the Board
Sharon Trask,Commissioner
APPROVED AS TO FORM:
Tim Whitehead,Ch.DPA
cc: Co.Commissioners
Engineer
JOURNAL: Publ. it: 6/25/2026
MASON COUNTY
DEPARTMENT of PUBLIC WORKS
100 W PUBLIC WORKS DRIVE
ON Ct SHELTON, WASHINGTON 98584
MEMORANDUM
DATE: April 15, 2026
TO: Mike Collins, PE, Deputy Director/County Engineer
Cc: Loretta Swanson, Director of Public Works
FROM: Dave Smith, PE, Engineering and Construction Manager
SUBJECT: Establish Speed Limit on New County Section of Shetland Road
This memorandum documents the engineering and traffic investigation conducted pursuant to RCW
46.61.415 for Shetland Road, County Road No. 56020, from milepost 0.306 to milepost 1.670. This
segment was recently improved under Road Improvement District No. 2024-01, brought to County
roadway standards by County Forces, and in the works to accept into the Mason County Road System.
The adjacent county-maintained segment (MP 0.000 to MP 0.306) is currently posted at 25 miles per
hour under Resolution No. 63-82. The improved segment is a rural local access roadway with
characteristics consistent with the existing county-maintained portion, including similar roadway
geometry, access density, and operating conditions.
An engineering and traffic review of the corridor indicates that operating conditions are uniform along
the length of Shetland Road and support a consistent posted speed limit. Establishing a uniform speed
limit consists of driver expectancy, promotes safe and predictable travel, and enhances overall corridor
safety.
Recommendation:
Based on engineering and traffic investigation, it is recommended that:
The speed limit for Shetland Road from milepost 0.306 to milepost 1.670 be established at 25 miles per
hour, consistent with the existing posted speed limit on County Road No. 56020 for the road segment
from milepost 0.00 to milepost 0.35, as established by Resolution No. 63-82.
Additionally, the road will be evaluated for any supplemental warning signs necessary to improve driver
safety and awareness based on observed conditions and best practices.
MASON COUNTY
DEPARTMENT of PUBLIC WORKS
3 i 100 W PUBLIC WORKS DRIVE
NC SHELTON, WASHINGTON 98584
MEMORANDUM
DATE: April 15, 2026
TO: Mike Collins, PE, Deputy Director/County Engineer
Cc: Loretta Swanson, Director of Public Works
FROM: Dave Smith, PE, Engineering and Construction Manager
SUBJECT: Engineer's Report and Staff Recommendation for RID# 2024-01
Assessment Roll and Project Findings
1. Purpose and Authority
The purpose of this report is to provide the Mason County Board of Commissioners with the
technical analysis and recommendations necessary to support required findings for Road
Improvement District (RID) No. 2024-01, including project feasibility, special benefit to properties,
and the fairness and equity of the proposed assessment methodology.
2. Project Description
RID No. 2024-01 was established for the improvement of Shetland Road. The project included
roadway improvements to address existing conditions such as dust, potholes, drainage issues, and
overall safety and access concerns.
The improvements have been completed in accordance with project specifications by County forces.
3. District Boundary and Properties Affected
The final assessment roll includes a total of 92 parcels within the district boundary.
• 51 parcels are included as billable parcels
• 41 parcels are excluded from assessment
3.1 Excluded Properties
The following parcels are excluded from the assessment roll:
• 17 parcels where property owners donated right-of-way and are not subject to assessment
• 5 parcels confirmed by the Assessor as Designated Forest Land that are exempt
• 17 parcels owned by the Washington State Department of Natural Resources (DNR)
• 1 parcel owned by Mason County
• 1 parcel owned by United States of America
These exclusions are consistent with County policy and the principle that properties contributing
right-of-way or otherwise not specially benefited are not assessed.
4. Special Benefit Analysis:
4.1 General Benefits of the Improvement
Road Improvement Districts provide special benefits to properties within a designated district. These
benefits refer to quantifiable increases in value or utility that specific properties obtain from
infrastructure upgrades. These benefits justify special assessments levied on benefiting properties.
The improvements to Shetland Road provide the following benefits:
• Reduced dust and roadway maintenance issues
• Elimination of potholes and improved surface conditions
• Safer driving conditions
• Improved drainage
• Enhanced access to properties
• Increased property utility and marketability
• Meets County standard and will be placed under County maintenance responsibility.
4.2 Special Benefit to Properties Within the District
The 51 billable parcels included on the assessment roll are those determined to receive a direct and
measurable special benefit from the completed improvements.
Parcels excluded due to right-of-way donation are considered to have offset their proportional share
of project costs through that contribution.
The identified benefits are special benefits accruing directly to properties within the district and are
distinguishable from general public benefits.
5. Assessment methodology
5.1 Description of Method:
The Engineering Department recommends a combination assessment method consisting of:
1. Lot Method — Each lot not donating right-of-way pays an equal share of the project cost
2. Right-of-Way Credit— Parcels donating right-of-way receive full credit for the value of that
contribution and are not assessed
The Board retains the authority to determine the final method of assessment.
5.2 Rationale for Method
The selected method is considered the most practical and equitable given the conditions of the
district because:
• The lots within the district receive a similar level of benefit from the road improvements
• An equal per-lot distribution reflects the relatively uniform benefit received
• Right-of-way donations represent a direct contribution to the project and appropriately
offset assessment obligations
This method distributes costs in proportion to the relative special benefit received and is considered
fair and equitable.
5.3 Application of Method to District Parcels
The assessment methodology has been applied as follows:
• 51 parcels not donating right-of-way are included as billable parcels and assigned an equal
share of project costs.
• 17 parcels that donated right-of-way (including confirmed and administratively recognized
donations) are credited and not assessed
• 19 Publicly owned - excluded
• 5 designated forest land - excluded
This approach ensures that only those properties receiving special benefit and not otherwise
contributing are assessed.
6. Cost Estimate and Feasibility
6.1 Project Cost Estimate
The project cost estimate includes:
• Engineering
• Construction and materials
• Right-of-way acquisition
• Other fees (notices, mailings, interest, service charges)
Engineering and construction costs were developed by the Engineering Department following a field
examination.
Right-of-way acquisition costs were minimized due to property owner donations, with only recording
and ancillary costs incurred.
6.2 Feasibility Determination
The project has been completed using County forces and is therefore demonstrated to be
constructible and feasible.
Based on the distribution of costs among the 51 billable parcels, the per-parcel assessment is
considered reasonable in relation to the level of benefit received.
7. Relationship of Cost to Benefit
The special benefits derived from the improvement, including improved access, safety, drainage, and
property utility are expected to exceed the proportional assessment assigned to each parcel.
Accordingly, the total special benefits to the assessed properties exceed the total cost of the project.
8. Assessment Roll and Hearing Process
The final assessment roll has been prepared and filed with the Clerk of the Board and is attached as
Exhibit A.
The Board will conduct a public hearing on the assessment roll while sitting as a Board of
Equalization. At that hearing, the Board may:
• Consider written objections
• Correct, revise, raise, lower, or modify the assessment roll
• Set aside the roll and direct preparation of a new roll if necessary
Following the hearing, the Board may confirm the assessment roll and certify it to the Mason County
Treasurer for collection.
9. Funding and Financing
The project has been financed through an external loan to cover short-term costs. The loan will be
repaid using proceeds collected through the assessments identified on the final assessment roll.
10. Staff Findings and Recommendation
10.1 Findings
Based on the analysis presented in this report, the Public Works Department finds that:
• The petition for formation of RID No. 2024-01 was sufficient, and the district was properly
established
• The improvements to Shetland Road have been completed in accordance with project
specifications
• The project is feasible
• The 51 parcels included on the assessment roll receive special benefit from the improvement
• The total special benefits exceed the total project costs
• The proposed method of assessment is fair, equitable, and proportionate to the benefits
received
10.2 Recommendation
The Public Works Department recommends that the Board of County Commissioners:
• Set the public hearing on the final assessment roll
• Sit as a Board of Equalization to consider objections
• Following the hearing, confirm the assessment roll and certify it to the Mason County
Treasurer for collection
FINAL ASSESSMENT ROLL
MASON COUNTY ROAD IMPROVEMENT
DISTRICT NO. 2024-01
COUNTY ENGINEER'S CERTIFICATE
To the Honorable Board of
County Commissioners,of
Mason County, Washington.
Complying with Resolution No. 2024-040,being a resolution creating Mason County Road Improvement
District No. 2024-01, I have prepared the attached final assessment roll.
The total cost of the improvement to be assessed against the property benefited is the sum of Two hundred
twenty-seven thousand eight hundred forty-five dollars and 00/100 ($227,845.00),which has been
equitably apportioned among the properties described in the attached assessment roll according to the
special benefits received.
I certify that the attached assessment roll, consisting of data processing printout sheets, is a true and
correct final assessment roll of the aforesaid improvement.
I herewith transmit said roll to the Board of County Commissioners for equalization, hearing, and
confirmation in accordance with applicable law.
Respectfully,
t
Mike Co ' s, PLS, PE
County Engineer
Dated this L Sday of f / 2026
SHETLAND ROAD IMPROVEMENT DISTRICT NO.2024-01
ASSESSMENT ROLL SPREADSHEET
51 ASSESSED PARCELS
32116.31-90171 S 4,487.65 TX RIDER,WILLIAM G&LINWL L 151 E SPIRIT CT EAST SHELTON
3211643-90081 5 4,467.56 TX NOWACKI,JANE CAROL
32116-33-90082 S 4,467.65 TX WEEKS,KAIDA LIN&MATTHEW DAVID 363 E SUNNYWOODS ROW,SHELTON 96694
32116-34-90254 S 4,487.55 TX CHESLEDON,TROY R 200 E SUNNY WOODS RD W,SHELTON 98584
32118.43.90362 $ 4,467.55 TX LATHROP,PATRICKJ
32118.75-00030 S 4,487.66 TX FRIZZELL,DAN&LINDA 181 E SUNNYWOODS ROW,SHELTON 98684
3211&76-00040 $ 4,467.65 TX SHEETZ,SALLY A 211 E SUNNY WOODS ROW,SHELTON 98584
32116-76-00060 $ 4,467.66 TX THEM&M LIVING TRUST 291 E SUNNYWOODS ROW,SHELTON 98584
32116-75.40060 S 4,467.65 TX MATH,SARY 311 E SUNNYWOODS ROW,SHELTON 98684
32116-75-00070 $ 4,487.65 TX GARCIA,JERUSHA 6 JUAN 321 E SUNNY WOODS ROW,SHELTON 98584
32116-75-00110 $ 4,467.55 TX [GUTIERREZ
,JEFFREY H&PRISCILLA N
32116-76-00120 S 4,467.65 7X KLAND,HELEN C 191 E TRANQUILITY LN SHELTON
32116.7&00200 $ 4,487.55 TX REMY&ERIN 120 E SPIRIT CT,SHELTON
32116-7640210 S 4,467.56 TX Y,CECIL H JR 40 E SPIRIT COURT EAST SHELTON
32116.76-00220 $ 4,467.66 TX ET UX,SAM 160 E TRANQUILITY LN,SHELTON
32116-75.00230 $ 4,487.66 TX ET UX,SAM
32116-76-00240 $ 4,487.65 TX RTON,SEAN 300 E SUNNY WOODS RDW,SHELTON 98684
32118.76-00270 $ 4,467.55 TX AN,ROY A E STEFANIE 70 E SUNNY WOODS ROW,SHELTON 98584
3211&7&90021 S 4,487.55 TX CHIN,JOHN M&NALEE 5 91 E SUNNY WOODS ROW,SHELTON 98684
3211&76.90022 $ 4,467.65 TX REESE,JOHN E 1601 E SHETLAND RD,SHELTON
32116-75-90091 S 4,467.66 TX SMITH,SHARON M&JAME A 61 E TRANQUILITY LANE SHELTON
3211&76-90092 S 4,467.65 TX KING E AL,CYNTHIA L 360 E SUNNY WOODS ROW,SHELTON 98684
32116-75.90101 $ 4,487,56 TX PHILLIPS REVOCABLE LIVING TRUST 83 E TRANQUILITY LN SHELTON
32116.7&90102 S 4,467.66 TX DOE,GARY E 01E TRANQUILITYLN SHELTON
32116-7&90103 S 4,467.66 TX STEGGELL,WAYNE&DARLA 87(TRANQUILITY LN SHELTON
32116-76.90104 $ 4,487.66 TX PLUNKETT,MICHAEL H 86 E TRANQUILITY LN SHELTON
32118-7&90324 $ 4,467.66 TX HOLM,JULIE L 221(SUNNY WOODS ROE,SHELTON 98684
3211&76-00370 S 4,467.56 TX TRIMBLE,JASON E 164 E SUNNY WOODS OR,SHELTON 98594
32116-76-00390 S 4,467.55 TX CABLE,ROBERT SAM 191 E SANDY LAKE RD SHELTON
32116.16-00400 $ 4,467.55 TX [LAUBER,
RQUINA,JOSE W&VICIUE L 221 E SANDY LAKE RD,SHELTON
32116-76-00410 $ 4,467.65 TX LKER,DOUGLAS B&TERI L 271 E SANDY LAKE RD,SHELTON
32116-76.00420 S 4,467.56 TX BRIDE,JOSEPH F 8 JANE G 311 E SANDY LAKE RD SHELTON
32116-76-00430 $ 4,48755 TX ERS,JACQUELINE A 341 E SANDY LAKE RD SHELTON
32116-76-00440 S 4,467.66 TX EASON.CHRISTOPHERP&THERESA F 390 E SANDY LAKE RD SHELTON
32116.78-00450 $ 4,467.56 TX TERRANCE D&VICTORIA 650 E SUNNY WOODS OR,SHELTON 98584
32116-76-00460 $ 4,467.55 TX UBER,TERRY D&VICTORIA Y
32116-7640470 $ 4,487.66 TX UST 080680 630 E SUNNY WOODS OR,SHELTON 98584
32116-76-00480 5 4,487.66 TX SEFFERNICK ET UX,WILLIAM J
32116-76-00490 S 4,467.56 TX TYLER, MERILYN LEE 200 E SUNNY WOODS OR,SHELTON 96584
32116.78-00600 S 4,487.66 TX TYLER, MERILYN LEE 260 E SUNNY WOODS DR,SHELTON 98684
32116.78-00510 $ 4,467.56 TX KASPER,DENNIS&SHEILA 290E SUNNY WOODS DR,SHELTON 98564
32116-76-00520 $ 4,487.66 TX SEFFERNICK ET UX,WILLIAMJ 310E SUNNY W000S DR,SHELTON 98684
32116-7&00530 $ 4,487.65 TX SEFFERNICK ET UX,WILLIAM J 330 E SUNNY WOODS DR,SHELTON 98584
32116-76-00640 S 4,487.66 TX BROWN,JEFFREY EARL&JENNIE DIANE 641 E SUNNYW000S DR,SHELTON 98584
3211&78-00580 $ 4,467.66 TX HELLER JAMES H&BARBARA A 260E SUNNY WOODS RD E,SHELTON 98684
3211&78-00590 S 4,487.66 TX BREWER ET VIR SAMANTHA P 240E SUNNY W00DS RD E,SHELTON 98684
32118-76.00600 $ 4,48755 TX AGEEV 1999 FAMILY TRUST NICK&MARIA 120 E SUNNY WOODS RD E,SHELTON 98584
3211&76-00610 $ 4,467.65 TX CHANDLER,JAMES J 41 E SUNNY WOODS DR,SHELTON 96684
32116.7&90381 $ 4,467.66 TX SIZEMORE,VIRGINIA 31 E SANDY LAKE RD SHELTON
3211&76-90382 S 4,487.66 TX CHAVEZ ET U%,LINOSAYKALI JEAN 40 E SANDY LAKE RD SHELTON
3211634-90251 $ 4,48756 TX CHESLEDON,TROY R&DESTINYA
41 PARCELS EXEMPT OR EXCLUDED FROM ASSESSMENT
32121-11-00010 Designated Forest TX KERNAN LIVING TRUST 1150 E SHETLAND RD,SHELTON
Land
3212144-00000 Designated Forest TX JLCG L.L.C.
Land
3212122-00010 Designated Forest TX EAGLE,AMANDA&ANDREW 1203 E SHETLAND RD,SHELTON
Land
32121.23.00010 Designated Forest TX SYLVAN INVESTMENTS LLC
Land
32121-33-00010 Designated Forest TX SYLVAN INVESTMENTS LLC
Land
32121-12-00010 Donated ROW TX KERNAN LIVING TRUST
32121-2140010 Donated ROW TX EAGLE,AMANDA
32118.43.90361 Donated ROW TX LATHROP,PATRICK J
32118-76.90011 Donated ROW TX MITCHELL,KATHERINE K 1401 E SHETLAND RO,SHELTON
32116-76-90012 Donated ROW TX FOSS,PATRICIA 1471 E SHETLAND RD,SHELTON
32116-75-90023 Donated ROW TX REESE,JOHN E 1621 E SHETLAND RD,SHELTON
32116.7840340 Donated ROW TX PETERS,JOSEPH R 1490E SHETLAND ROAD SHELTON
32116-76-00350 Donated ROW TX GREER,DOUGLAS L&BRANDI A 1620 E SHETLAND RD,SHELTON
32121.13-90110 Donated ROW TX JOHNSON,JILL&ADAM 920 E SHETLAND ROAD,SHELTON
32121.13.90120 Donated ROW TX HICKS,CHARLES T&MIRIAH L 922 E SHETLAND RD,SHELTON
32121-24-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121.32-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121-14-00010 Donated ROW TX SYLVAN INVESTMENTS LLC
32121.34-00020 Donated ROW TX SYLVAN INVESTMENTS LLC
32121.41-00020 Donated ROW TX CRANBERRY LAKE FOUNDATION
3212143-00010 Donated ROW TX CRANBERRY LAKE FOUNDATION
3212141-00010 Donated ROW OP CASCADE NATURAL GASCORP
32116-76-00130 Exclude DNR ST STATE OF WASHINGTON 13 W SPIRIT CT SHELTON
32118-76-00140 Exclude DNR ST STATE OFWASHINGTON
32116-75-00160 Exclude DNR ST STATE OF WASHINGTON
32118.75.00160 Exclude DNR ST STATE OFWASHINGTON
32116.76-00190 Exclude DNR ST STATE OFWASHINGTON
32118-75-00280 Exclude DNR ST STATE OF WASHINGTON
32116-76-00290 Exclude DNR ST STATE OF WASHINGTON
32116-76-00300 Exclude OUR ST STATE OF WASHINGTON
32116-75-90181 Exclude DNR ST STATE OF WASHINGTON
32116-75-90182 Exclude DNR ST STATE OF WASHINGTON
32116-75-90321 Exclude DNR ST STATE OF WASHINGTON 301E SUNNY WOODS RD E,SHELTON 96584
32116-75-90322 Exclude DNR ST STATE OFWASHINGTON
32116-75-90323 Exclude DNR ST STATE OF WASHINGTON 221E SUNNY WOODS ROE,SHELTON 98584
32116.76-00650 Exclude DNR ST STATE OF WASHINGTON
32116-76-00660 Exclude DNR ST STATE OF WASHINGTON 360 E SUNNY WOODS RD E,SHELTON 96684
32116-76-00570 Exclude DNR ST STATE OF WASHINGTON
32116-75-00330 Exclude State of WA ST STATE OF WASHINGTON
3212141-60000 Exclude Mason County CO MASON COUNTY A MUNICIPAL CORPORATION
32121-20-00010 Exclude USA FE UNITED STATES OF AMERICA
`PSpis CO( )U��
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners Item No. 8.9
From: Mike Collins,PLS,PE,County Engineer Ext:450
Department: Public Works Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 20,2026 Agenda Date(s): April 28,2026
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: Adoption of Mason County Language Access Plan(Title VI Compliance)
Background/Executive Summary:
Mason County receives federal funding and must comply with Title VI of the Civil Rights Act of 1964.
This includes providing meaningful access to County programs and services for individuals with limited
English proficiency(LEP).
The Language Access Plan(LAP)outlines how the County will identify language needs and provide
interpretation and translation services when appropriate. It also clarifies department responsibilities, staff
training, and how Title VI complaints are handled through Human Resources.
This plan establishes a countywide framework for identifying language needs and providing language
assistance services in accordance with federal requirements.
Associated Costs/Budget Impact :
N/A
Public Outreach:
The Language Access Plan includes provisions for public notification of available language assistance
services, outreach to LEP communities,and accessible communication for public meetings and County
services.No additional outreach is required prior to adoption of this policy.
Requested Action:
Recommend the Board approve the Resolution adopting the Mason County Language Access Plan.
Attachment(s)•
1. Language Access Plan(Exhibit A)
2. Resolution Adopting the Language Access Plan
9f . �
NC
LANGUAGE ACCESS PLAN (LAP)
FOR MASON COUNTY
1. PURPOSE & AUTHORITY
The County is committed to ensuring that all individuals, regardless of national origin or English
proficiency, have meaningful access to its programs, services, and activities. This Language
Access Plan (LAP) provides a framework for how the County will offer language assistance to
people with Limited English Proficiency (LEP) in compliance with Title VI of the Civil Rights Act of
1964 and related laws. All County departments, divisions, and offices share responsibility for
implementing this plan and ensuring language access in their programs and services.
2. DEFINITIONS
LEP (Limited English Proficient) — An individual whose primary language is not English and who
has a limited ability to read, write, speak, or understand English, such that language assistance
may be needed to access County services.
Title VI Coordinator — A staff member designated within each County department to oversee
departmental compliance with Title VI and the Language Access Plan. Responsibilities include
providing guidance and support to staff, tracking and documenting LEP services provided,
maintaining records of outreach and language access efforts, and serving as the departmental
point of contact for LEP requests.
Human Resources Department (HR) — HR is responsible for handling all Title VI complaints at
the County level. HR documents, investigates and responds to complaints in a timely manner,
and reports outcomes to ensure accountability and compliance with federal and state
requirements.
Four-Factor Analysis — A systematic assessment used to determine the language needs of LEP
populations served by the County. The Analysis considers: (1) the number or proportion of LEP
persons served, (2) the frequency of contact with County programs, (3) the importance of the
service or program, and (4) available resources and costs. The Four-Factor Analysis may be
conducted countywide or tailored to a specific program, service area, or project location,
depending on the scope and impact of the activity.
1 Page
Exhibit A
Resolution No.
Vital Documents — Written materials that are critical for accessing County projects, services, or
benefits, or that convey essential information (e.g., applications, consent/authorization forms,
notices of rights/benefits/denial, public notices, hearing notices, complaint forms).
Language Assistance Services (LAS) - Services provided to LEP individuals to ensure
meaningful access to County programs, services, and activities.
Assistance Services — Oral interpretation (in-person or by phone), written translation of
documents, or other reasonable services to ensure meaningful access.
Interpretation — The oral or sign-language communication of information from one language
into another in real time.
Translation — The written conversion of documents, forms, notices, or other materials from
one language into another.
Bilingual Staff— Employees who are proficient in English and at least one other language and
can provide language assistance as part of their official duties.
Meaningful Access — The ability of an LEP individual to fully participate in or benefit from
County programs, services, and activities, comparable to someone who is proficient in English.
3. NEEDS ASSESSMENT, DATA COLLECTION, AND FOUR-FACTOR ANALYSIS
Completion of the County's Project Review Form, including all accompanying instructions, is
required to properly assess, document, and justify language-access decisions.
County Project Review Form and Data Sources
Each County department or division must complete a Limited English Proficiency (LEP) Needs
Assessment using the Four-Factor Analysis to determine whether language assistance services
are required for a program, service, activity, or project. Completion of the County's Project
Review Form is required to properly assess, document, and justify language-access decisions.
Language-access needs may vary by location, service area, or population and may not be
uniform across the County. When a project, outreach effort, construction activity, public
meeting, or service impacts a specific neighborhood, corridor, or defined geographic area,
departments must assess LEP needs specific to the affected area, rather than relying solely on
countywide data.
Primary Data Source
The primary demographic data source for identifying LEP populations is the U.S. Census
Bureau's American Community Survey (ACS). Departments may use ACS data at the county, city,
census tract, or other appropriate geographic level, depending on the scope and impact of the
project or service being evaluated.
21Page
Exhibit A
Resolution No.
To support consistent and accurate data collection, Mason County uses the Washington State
Department of Transportation (WSDOT) guidance as a reference for accessing and analyzing ACS
data. This guidance provides step-by-step instructions for identifying:
• Limited English Proficiency (LEP) populations
• Race and ethnicity data
• Demographic characteristics relevant to Title VI compliance
WSDOT ACS Data Collection Instructions:
[ADD LINK] Instructions for Accessing the American Community Survey Data
Information collected using this guidance is used to complete the County Project Review Form
and to document LEP needs as part of the Four-Factor Analysis [ADD LINK]
Supplemental Information
In addition to ACS data, departments may consider other relevant information when completing
the Four-Factor Analysis, including:
• Prior requests for interpretation or translation services
• Service usage patterns or intake data
• Feedback from community-based organizations or residents
• Past project experience in the same or nearby locations
• Public meeting attendance and language requests
• Title VI complaints or informal language-access concerns
Departments must document the data sources used, geographic area analyzed, and conclusions
reached on the Project Review Form. If LEP needs are identified, appropriate language
assistance services must be planned and provided in accordance with this Language Access
Plan.
LEP Population Overview
Based on the U.S. Census Bureau's American Community Survey (2023 5-Year Estimates,Table
C16001), the LEP population in Mason County is concentrated primarily among Spanish-
speaking residents. Other language groups are minimal. The table below summarizes the
estimated LEP population by language:
3IPage
Exhibit A
Resolution No.
LEP % of
Language Population Population Notes
A e5+
Spanish 4,892 7.7% Largest LEP
group; primary
focus for language
services
All Other Languages 376 0.59% Combined total of
(French/Haitian/Cajun, German/West smaller LEP
Germanic, Slavic, Other Indo- groups; minimal
European, Korean, Chinese, impact
Vietnamese, Tagalog, Other
Asian/Pacific Island, Arabic)
Interpretation: Spanish speakers represent the largest LEP population and require priority
for language-access services. Other languages account for less than 1% of the population
and can be addressed on an as-needed basis.
Four-Factor Analysis
Factor 1—Number and Proportion of LEP Persons
• Spanish: 4,892 residents (7.7%) —significant and requires language support.
• Other languages: 376 residents (0.59%)—represent a smaller proportion of the
population. Language assistance for these groups will be provided on an individualized,
as-needed basis when requested or when the importance of the service warrants
assistance.
Factor 2—Frequency of Contact
• Spanish-speaking residents are more likely to interact with county programs, services,
and projects.
• Contact with smaller LEP populations occurs less frequently; however, when contact
does occur, the County will take reasonable steps to ensure meaningful access consistent
with Title VI requirements.
Factor 3—Importance of the Service
• Most county projects, such as rural road construction, have minimal impact on smaller
LEP groups.
• Spanish-speaking residents may require targeted communication for essential services
or projects.
Factor 4—Resources and Costs
• Language-access resources should focus primarily on Spanish translation and
interpretation.
• Due to limited numbers, language assistance for languages other than Spanish will
generally be provided through oral interpretation or other reasonable means upon
request, rather than routine written translation.
4IPage
Exhibit A
Resolution No.
Conclusion: Spanish-speaking residents represent the largest LEP population in Mason County
and therefore require proactive language-access services, including translation and
interpretation where appropriate. While other LEP populations are smaller in number, Mason
County will provide language assistance on a case-by-case basis when requested or when the
nature and importance of the service necessitate such assistance. This approach is consistent
with Title VI and applicable federal language-access guidance.
Procedure for Collecting and Using LEP Data
1. Define Project Area: Identify the geographic scope (county, census tract, or block
group).
2. Collect ACS Data: Retrieve Table C16001— Language Spoken at Home for the defined
area; record total population, LEP counts, and margins of error.
3. Calculate Percentages: Determine the percentage of LEP residents relative to the total
population age 5+.
4. Supplement Data (Optional): Confirm LEP population trends with local schools,
community organizations, or public health records.
5. Document Findings: Include LEP estimates, percentages, and a Four-Factor Analysis
summary.
6. Determine Services: Provide translation or interpretation for significant LEP populations
(Spanish). Document rationale for limited or no services for smaller populations.
4. LANGUAGE ASSISTANCE SERVICES & METHODS
Where the Four-Factor Analysis indicates a need, Mason County will provide language
assistance services, which may include:
• Oral interpretation services — available in person or via telephone/video for LEP clients
at no cost.
• Translation of vital documents — into the primary languages spoken by substantial LEP
populations identified in the Four-Factor Analysis.
• Public notice of language assistance — posted in English and relevant languages at
County offices, intake desks, and on the County website, stating that free language
assistance is available upon request.
• Qualified interpreters and translators — identified via the County MRSC roster,
including County staff or external contractors/partners proficient in the relevant
languages.
• Language assistance for public events — provided for meetings, hearings, application
processes or outreach events when accommodations are requested.
5IPage
Exhibit A
Resolution No.
5. Staff Training & Internal Procedures
To ensure effective implementation of Mason County's Title VI and Language Access Plan (LAP),
each department is responsible for its own Title VI and language-access compliance. This
includes providing training for staff, offering language assistance to LEP clients, and
documenting services provided.
• Department Coordinators — Each department shall designate a staff member to serve
as its Title VI Coordinator. This person will oversee departmental compliance, provide
guidance and support to staff, and serve as the point of contact for LEP requests or
complaints. Contact information (phone, email) should be publicly available.
• Staff Training Requirements — Departments must provide periodic training for all
employees, particularly those in public-facing roles, covering:
o Recognizing LEP clients.
o Documenting language needs (e.g., using "I-Speak" cards or Department of
Justice guidance).
o Requesting and providing language assistance.
o Tracking services provided for reporting and monitoring purposes.
• Onboarding and Refreshers — Training must be included in onboarding for new
employees and provided as regular refreshers (e.g., annually or as needed) to ensure
continued compliance and awareness.
• Coordination and Consistency — Departments are encouraged to share best practices
and resources with each other to maintain consistency across the County in providing
language-access services.
6. Notice & Outreach
Post Title VI / Language Access Notices at all public-facing County facilities and on the County
website (and in other public communications) in English and in other languages according to
identified LEP populations, informing individuals of their right to free language assistance.
Provide outreach to communities with significant LEP populations to raise awareness of the
County's services and the availability of language assistance (through community partners,
ethnic media, social services, etc.).
Ensure public meeting announcements, hearing notices, public-service announcements, and
other governmental communications are accessible to LEP populations as needed (by
translation or interpretation).
61Page
Exhibit A
Resolution No.
7. Translation & Interpretation Priorities
Each Department will identify a list of vital documents to be translated (see definition above)
such as: forms, applications, notices of benefits or denial, public hearing notices, consent or
participation forms, complaint forms, etc.
Translate vital documents into languages identified through the Four-Factor Analysis where
there is a significant LEP population. Mason County generally considers a language group
significant when it represents 5% or more of the affected population or approximately 1,000
individuals; however, language assistance may be required below these thresholds depending
on the frequency of contact and importance of the service.
For language groups with smaller populations, alternative reasonable means of assistance—
such as oral interpretation upon request—may be used in lieu of written translation, consistent
with federal LEP guidance.
Maintain records of all translation/interpretation services provided: date, type of service,
language, staff/contractor used, which program or department, etc.
8. Complaint Procedures, Department Responsibility & Plan Maintenance
Complaint Procedures
Mason County provides a process for individuals to submit complaints or feedback if they
believe they were denied meaningful access to County programs or services due to language
barriers. All Title VI complaints will be handled by the Human Resources Department.
The Human Resources Department will acknowledge receipt of Title VI complaints within a
reasonable timeframe, investigate complaints promptly and thoroughly, and provide a written
response to the complainant. Responses will be provided in an appropriate language when
necessary to ensure meaningful access.
For additional information and to access the Title VI Complaint Form, visit the County Title VI
webpage: https://www.masoncountywa.gov/departments/public works/title vi.php
Department Responsibilities
Each department's Title VI Coordinator is responsible for maintaining records of assessments
(Four-Factor Analysis), language services provided, and outreach efforts. Coordinators must
ensure that staff provide meaningful access to programs and services and document these
efforts for monitoring and compliance purposes.
Plan Maintenance
The Language Access Plan (LAP) will be reviewed and updated at least once per year, or sooner
if there are significant changes in demographics, services, or language-access needs.
7IPage
Exhibit A
Resolution No.
9. Public Availability
The LAP shall be provided in alternative formats or languages upon request. Given the size of
the Spanish-speaking LEP population, Mason County will also provide a translated notice or
summary explaining the availability of the LAP and how to request language assistance.
Resources List:
County Project Review Form
WSDOT ACS Data Collection Instructions
Title VI Complaint Form (English) (Spanish)
Procedure for Collecting LEP Information and Apply the Four-Factor Analysis
How to Calculate Total LEP Population
81Page
Exhibit A
Resolution No.
RESOLUTION NO.2026-
A RESOLUTION ADOPTING A LANGUAGE ACCESS PLAN TO ENSURE
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
WHEREAS,Mason County receives federal funding and must comply with Title VI of the Civil
Rights Act of 1964,which prohibits discrimination based on national origin,including for individuals
with limited English proficiency(LEP); and
WHEREAS,the County has developed a Language Access Plan(LAP) establishing procedures
for assessing language needs,providing language assistance services,training staff, and ensuring
compliance across all departments.
NOW,THEREFORE,BE IT RESOLVED THAT:
1. Adoption
The Mason County Language Access Plan(LAP), attached as Exhibit A, is hereby adopted.
2. Countywide Responsibility
All County departments shall implement the LAP, including conducting LEP needs assessments,
providing language assistance services,and maintaining required documentation.
3. Coordination& Complaints
Department Title VI Coordinators shall oversee implementation at the department level, and the
Human Resources Department shall administer the Title VI complaint process.
4. Ongoing Compliance
The County shall review and update the LAP periodically to reflect demographic changes, service
needs, and federal requirements.
5. Effective Date
This Resolution takes effect immediately upon adoption.
APPROVED AND ADOPTED this day of , 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
PAT TARZWELL, Chair
MCKENZIE SMITH, Clerk of the Board
RANDY NEATHERLIN,Vice Chair
APPROVED AS TO FORM:
SHARON TRASK, Commissioner
TIM WHITEHEAD, Ch. D.P.A.
Cc: Cmmr
All County Depts.
`PSpis CO( )U��
Mason County
Agenda Request Form
1854
To: Board of Mason County Commissioners Item No. 8.10
From: Loretta Swanson,Director Ext:450
Department: Public Works Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 20,2026 Agenda Date(s): April 28,2026
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: Skokomish Ecosystem Cost-Share Agreement—Final Cost Accounting for
Preliminary Engineering and Design(PED)Phase
Background/Executive Summary:
Mason County and the Skokomish Tribe are local partners in two executed agreements with the United
States Army Corps of Engineers(USACE). Last year Mason County and the Tribe sent notification to
USACE to terminate the projects. USACE has completed final cost accounting for the County and Tribe's
share of the PED phase and an estimate for the CN phase.
Associated Costs/Budget Impact:
The total County share due is estimated at$94,648.49($56,348.49 PED phase and estimated$38,300 CN
phase) of which none was budgeted in 2026. Staff propose a budget amendment to expend REET 2 funds
to make the payments due to the USACE.
REET 2 funds can be used for engineering and construction design/planning associated with REET
eligible projects listed within a capital facilities plan. "Eligible projects"include river flood control
projects,which is an important element of the Skokomish project. The adopted Capital Facilities Plan
includes this project.
Public Outreach:
None.
Requested Action:
Request the Board authorize a budget amendment and the use of REET 2 funds to make payment to the
USACE for the County's portion of the PED Phase cost share agreement for ecosystem restoration
projects within the Skokomish valley, and authorize the same for the Construction Phase payment request
once received.
Attachment(s)•
1.USACE Request for Payment
2. Excerpt from Adopted Capital facilities Plan
3. Cost-Share Agreement
• DEPARTMENT OF THE ARMY
U.S.ARMY CORPS OF ENGINEERS,SEATTLE DISTRICT
4735 EAST MARGINAL WAY SOUTH,BLDG 1202
SEATTLE,WA 98134-2388
March 26, 2026
Civil Works Branch
Ms. Loretta Swanson
Director, Public Works
Mason County
100 W Public Works Drive
Shelton, WA 98584
Mr. Joseph Pavel
Director, Natural Resources
Skokomish Indian Tribe
North 541 Tribal Center Road
Skokomish, WA 98584
Dear Ms. Swanson and Mr. Pavel,
The U.S. Army Corps of Engineers (USACE), Seattle District, requests cost
share funds to enable the close-out of the pre-construction engineering and design
(PED) phase of the Skokomish River Basin Ecosystem Restoration Project. As
provided in our 2016 Design Agreement and 2019 Project Partnership Agreement, the
cost of the project is shared between the federal government and non-federal sponsors
(NFSs) at proportions of 65% federal and 35% non-federal.
Attached is an accounting of Cost Share Control Record (CSCR) 698 for the
PED phase. This request for funds covers the $112,696.98 needed to balance the cost
share (CS) at the agreed proportions. The need for additional funds arises at this time
because the amount of work in kind (WIK) actually contributed by the NFSs was less
than originally estimated.
The separate construction phase CSCR 735 will be closed once the Assistant
Secretary of the Army, Civil Works, confirms that our project partnership agreement will
be terminated.
-2-
Payment is preferred via electronic funds transfer (EFT). Enclosed you will find
EFT details. Alternatively, please remit checks payable to "FAO, USAED, Seattle" and
send to:
U.S. Army Corps of Engineers, Seattle District
4735 East Marginal Way South, Bldg. 1202
Seattle, WA 98134-2388
We greatly appreciate the County's and the Tribe's partnership, cooperation and
support. Please coordinate with me your planned payment amounts, methods and
timing and contact me if you have any other questions or concerns about this request.
You may reach me at Stephen.M.Osgood(a_usace.army.mil or (206) 886-8645.
Respectfully,
Stephen Osgdd
General Engineer
Enclosures:
1.Accounting summary, CSCR 698
2.EFT instructions
Excerpt from the adopted Comprehensive Plan-Chapter 9 Capital Facilities
Summary' of Current Projects and f=uture deeds for Storm'.'titer Managerie',t c Habitat Improvement
Mason County and the Skokomish Tribe (Local Sponsors) are partnering with the Army Corps of Engineers to construct five ecosystem
restoration projects within the Skokomish River watershed. The five projects are: Confluence Levee Removal, Wetland Restoration at
River Mile 9, Wetland Restoration at Grange, Side Channel Reconnection, and Upstream Large Woody Debris Installation, Mason
Conservation District is leading the effort to implement projects within the Skokomish River Ecosystem Restoration project;
preliminary planning completed to implement a project at the confluence of the main stem and North Fork. Fish passage projects at
six different sites are also proposed.
Table 7. Stormwater Management & Habitat Improvement
Capital Projects Total Project 2026 2027 2028 2029 2030 2031
Cost
DRAT Chapter 9:Capital Facilities, Financing, and Utilities—Appendix D
Page 12
Skokomish Floodplain Reconnection&Road
4832 4832
Improvement
L,ttle Skookum Inlet Tributaries Ftsh Passage 3487 1173 233,3 K.
Total Capital Project Expenditures 8,319 6.005 2.233.3 80.5
FINAL
DESIGN AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
Mason County and the Skokomish Indian Tribe,
FOR
DESIGN
FOR THE
Skokomish River Basin Ecosystem Restoration Project
THIS AGREEMENT is entered into this day of S+ , 2O g by
and between the Department of the Army(hereinafter the "Government"), represented by
the U.S. Army Engineer, Seattle District (hereinafter the "District Engineer") and the
Skokomish Indian Tribe and Mason County, Washington(hereinafter the "Non-Federal
Sponsors"), represented by the Chair, Mason County Board of Commissioners and the
Chair, Skokomish Tribal Council respectively.
WITNESSETH, THAT:
WHEREAS, Federal funds were provided in the Consolidated Appropriations
Act, 2016, Pub. L. No. 114-113, 129 Stat. 2242 (2015) to initiate design of restoration
and habitat enhancement projects in the Lower Skokomish River, including: removal of a
levee at the confluence of the North and South forks near river mile 9, installation of
large woody debris and engineered logjams on the South Fork Skokomish between river
miles 9 and 11,reconnection of an historic side channel of the Skokomish between river
miles 4.5 and 5.5, restoration of wetland habitat on the south bank of the Skokomish
between river miles 8.3 and 9.2 (River Mile 9 site) and river miles 7.5 and 8.0 (Grange
site), and a Monitoring and Adaptive Management Plan.
WHEREAS, Section 103 of the Water Resources Development Act of 1986, as
amended(33 U.S.C. 2213), specifies the cost-sharing requirements applicable to
construction of the Project, and Section 105(c) of the Water Resources Development Act
of 1986 (33 U.S.C. 2215),provides that the costs of design shall be shared in the same
percentages as construction of the Project;
WHEREAS, based on the Project's primary project purpose of aquatic ecosystem
restoration, the parties agree that the Non-Federal Sponsors shall contribute 35 percent of
the total design costs under this Agreement;
WHEREAS,pursuant to Section 221(a) (4) of the Flood Control Act of 1970, as
amended(42 U.S.C. 1962d-5b(a)), the Non-Federal Sponsors may perform or provide
in-kind contributions for credit towards the non-Federal share of the total design costs;
A-1
WHEREAS, the Government and Non-Federal Sponsors have the full authority
and capability to perform in accordance with the terms of this Agreement and
acknowledge that Section 221 of the Flood Control Act of 1970, as amended(42 U.S.C.
1962-5b),provides that this Agreement shall be enforceable in the appropriate district;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I-DEFINITIONS
A. The term "Project" means Skokomish River Basin Ecosystem Restoration in
Mason County Washington as generally described in the Integrated Feasibility Report
and Environmental Impact Statement dated April 2015 and approved by the Assistant
Secretary of the Army on April 18, 2016.
B. The term"Design" means all activities required to prepare plans,
specifications, and bid-ready documents for the initial construction contract. These
activities include field data gathering, engineering, geotech investigation, cost estimating,
and construction planning for the Project.
C. The term"total design costs" means the sum of all costs that are directly
related to the Design and cost shared in accordance with the terms of this Agreement.
Subject to the provisions of this Agreement, the term shall include, but is not necessarily
limited to: the Government's costs for engineering and design, economic and
environmental analyses, and evaluation; for contract dispute settlements or awards; for
supervision and administration; for Agency Technical Review and other review processes
required by the Government; for response to any required Independent External Peer
Review; and the Non-Federal Sponsor's creditable costs for in-kind contributions. The
term does not include any costs for dispute resolution; for participation in the Design
Coordination Team; for audits; for an Independent External Peer Review panel, if required;
for betterments; or for negotiating this Agreement or a subsequent Project Partnership
Agreement.
D. The term"in-kind contributions" means those Design activities performed or
provided by the Non-Federal Sponsor that otherwise would have been undertaken by the
Government and that are identified as being integral to the Design in an integral
determination report approved by the Division Engineer
E. The term"fiscal year" means one year beginning on October Pt and ending on
September 30th of the following year.
F. The term"betterment"means a difference in the design of a portion of the Project
that results from the application of standards that the Government determines exceed those
that the Government would otherwise apply to the design of that portion.
A-2
ARTICLE II-OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. In accordance with Federal laws, regulations, and policies, the Government
shall conduct the Design using funds appropriated by the Congress and funds provided by
the Non-Federal Sponsors. The Non-Federal Sponsors shall perform or provide any in-
kind contributions in accordance with applicable Federal laws, regulations, and policies.
If the Government and non-Federal interest enter into a Project Partnership Agreement
for construction of the Project, the Government shall include the total design costs in the
calculation of construction costs for the Project in accordance with the terms and
conditions of the Project Partnership Agreement.
B. The Non-Federal Sponsors shall contribute 35 percent of total design costs in
accordance with the provisions of this paragraph and provide required funds in
accordance with Article III.
1. After considering the estimated amount of credit for in-kind
contributions that will be afforded in accordance with paragraph C. of this Article, the
Government shall provide the Non-Federal Sponsors with a written estimate of the
amount of funds required from the Non-Federal Sponsor for the initial fiscal year of the
Design. No later than 15 calendar days after such notification,the Non-Federal Sponsor
shall provide the full amount of such funds to the Government.
2. No later than August Pt prior to each subsequent fiscal year of the
Design, the Government shall provide the Non-Federal Sponsors with a written estimate
of the amount of funds required from the Non-Federal Sponsors during that fiscal year.
No later than September 1St prior to that fiscal year, the Non-Federal Sponsors shall
provide the full amount of such required funds to the Government.
C. The Government shall credit towards the Non-Federal Sponsor's share of total
design costs,the costs, documented to the satisfaction of the Government, that the Non-
Federal Sponsors incur in providing or performing in-kind contributions integral to the
Design, including associated supervision and administration. Such costs shall be subject
to audit in accordance with Article VII to determine reasonableness, allocability, and
allowability, and crediting shall be in accordance with the following procedures,
requirements, and limitations:
1. As in-kind contributions are completed and no later than 60 calendar
day after such completion, the Non-Federal Sponsors shall provide the Government
appropriate documentation, including invoices and certification of specific payments to
contractors, suppliers, and the Non-Federal Sponsor's employees. Failure to provide
such documentation in a timely manner may result in denial of credit.
2. No credit shall be afforded for interest charges, or any adjustment to
reflect changes in price levels between the time the in-kind contributions are completed
and credit is afforded; for the value of in-kind contributions obtained at no cost to the
A-3
Non-Federal Sponsors; for any items provided or performed prior to the effective date of
this Agreement unless covered by an In-Kind Memorandum of Understanding; for any
items not identified as integral in the integral determination report; or for costs that
exceed the Government's estimate of the cost for such item if it had been performed by
the Government.
3. No reimbursement will be provided for any in-kind contributions that
exceed the Non-Federal Sponsor's share of the total design costs under this Agreement.
As provided in Article II.A., total design costs, including credit for in-kind contributions,
shall be included in the calculation of construction costs for the Project in accordance
with the terms and conditions of the Project Partnership Agreement.
D. To the extent practicable and in accordance with Federal laws, regulations,
and policies, the Government shall afford the Non-Federal Sponsors the opportunity to
review and comment on solicitations for contracts prior to the Government's issuance of
such solicitations;proposed contract modifications, including change orders; and contract
claims prior to resolution thereof. Ultimately, the contents of solicitations, award of
contracts, execution of contract modifications, and resolution of contract claims shall be
exclusively within the control of the Government.
E. The Non-Federal Sponsors shall not use Federal Program funds to meet any of
their obligations under this Agreement unless the Federal agency providing the funds
verifies in writing that the funds are authorized to be used for the Project. Federal
program funds are those funds provided by a Federal agency, plus any non-Federal
contribution required as a matching share therefor.
F. Except as provided in paragraph C. of this Article, the Non-Federal Sponsors
shall not be entitled to any credit or reimbursement for costs it incurs in performing its
responsibilities under this Agreement.
G. In carrying out their obligations under this Agreement, the Non-Federal
Sponsors shall comply with all the requirements of applicable Federal laws and
implementing regulations, including, but not limited to: Title VI of the Civil Rights Act
of 1964 (P.L. 88-352), as amended(42 U.S.C. 2000d), and Department of Defense
Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42
U.S.C. 6102); and the Rehabilitation Act of 1973, as amended(29 U.S.C. 794), and Army
Regulation 600-7 issued pursuant thereto.
H. If Independent External Peer Review (IEPR) is required for the Design, the
Government shall conduct such review in accordance with Federal laws,regulations, and
policies. The Government's costs for an IEPR panel shall not be included in the total design
costs.
I. In addition to the ongoing, regular discussions of the parties in the delivery of
the Design, the Government and the Non-Federal Sponsors may establish a Design
Coordination Team consisting of Government's Project Manager and the Non-Federal
A-4
Sponsor's counterpart and one senior representative each from the Government and Non-
Federal Sponsor to discuss significant issues or actions. Neither the Government's nor
the Non-Federal Sponsor's costs for participation on the Design Coordination Team shall
be included in the total design costs. The Non-Federal Sponsor's costs for participation
on the Design Coordination Team shall be paid solely by the Non-Federal Sponsors
without reimbursement or credit.
J. The Non-Federal Sponsors may request in writing that the Government
perform betterments on behalf of the Non-Federal Sponsors. Each request shall be
subject to review and approval by the Division Engineer for the Northwestern Division.
If the Government agrees to such request, the Non-Federal Sponsors, in accordance with
Article III.F.,must provide funds sufficient to cover the costs of such work in advance of
the Government performing the work.
ARTICLE III-METHOD OF PAYMENT
A. As of the effective date of this Agreement, total design costs are projected to
be$2,500,000, with the Government's share of such costs projected to be $1,625,000, the
Non-Federal Sponsor's share of such costs projected to be $875,000; and the costs for
betterments are projected to be $0 These amounts are estimates subject to adjustment by
the Government, after consultation with the Non-Federal Sponsors, and are not to be
construed as the total financial responsibilities of the Government and the Non-Federal
Sponsors.
B. The Government shall provide the Non-Federal Sponsors with quarterly
reports setting forth the estimated total design costs and the Government's and Non-
Federal Sponsor's estimated shares of such costs; costs incurred by the Government,
using both Federal and Non-Federal Sponsors funds, to date;the amount of funds
provided by the Non-Federal Sponsors to date; the estimated amount of any creditable in-
kind contributions; and the estimated remaining cost of the Design.
C. The Non-Federal Sponsors shall provide to the Government required funds by
delivering a check payable to "FAO, USAED, Seattle District G3" to the District
Engineer, or verifying to the satisfaction of the Government that the Non-Federal
Sponsors has deposited such required funds in an escrow or other account acceptable to
the Government, with interest accruing to the Non-Federal Sponsors, or by providing an
Electronic Funds Transfer of such required funds in accordance with procedures
established by the Government.
D. The Government shall draw from the funds provided by the Non-Federal
Sponsors to cover the non-Federal share of the total design costs as those costs are
incurred. If the Government determines at any time that additional funds are needed
from the Non-Federal Sponsors to cover the Non-Federal Sponsor's required share of the
total design costs, the Government shall provide the Non-Federal Sponsors with written
notice of the amount of additional funds required. Within 60 calendar days of such
A-5
notice, the Non-Federal Sponsors shall provide the Government with the full amount of
such additional funds.
E. Upon conclusion of the Design and resolution of all relevant claims and
appeals, the Government shall conduct a final accounting and furnish the Non-Federal
Sponsors with the written results of such final accounting. Should the final accounting
determine that additional funds are required from the Non-Federal Sponsors, the Non-
Federal Sponsors, within 60 calendar days of written notice from the Government, shall
provide the Government with the full amount of such additional funds. Should the final
accounting determine that the Non-Federal Sponsors have provided funds in excess of its
required amount,the Government shall refund the excess amount, subject to the
availability of funds or if requested by the No-Federal Sponsors, apply the excess amount
towards the non-Federal share of the cost of construction of the Project in the event a
Project Partnership Agreement is executed for the Project. Such final accounting does
not limit the Non-Federal Sponsor's responsibility to pay its share of total design costs,
including contract claims or any other liability that may become known after the final
accounting.
F. Payment of Costs for Betterments Provided on Behalf of the Non-Federal
Sponsors. No later than 30 calendar days after receiving written notice from the
Government of the amount of funds required to cover any such costs, as applicable, the
Non-Federal Sponsors shall make the full amount of such required funds available to the
Government by delivering a check payable to "FAO, USAED, Seattle District G3"to the
District Engineer, or by providing an Electronic Funds Transfer of such funds in
accordance with procedures established by the Government. If at any time the
Government determines that additional funds are required to cover any such costs, as
applicable, the Non-Federal Sponsors shall provide those funds within 30 calendar days
from receipt of written notice from the Government.
ARTICLE IV-TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsors fail to fulfill their obligations under
this Agreement,the Government may suspend or terminate Design unless the Assistant
Secretary of the Army(Civil Works) determines that continuation of the Design is in the
interest of the United States or is necessary in order to satisfy agreements with any other
non-Federal interests in connection with the Project.
B. If the Government determines at any time that the Federal funds made
available for the Design are not sufficient to complete such work, the Government shall
so notify the Non-Federal Sponsors in writing, and upon exhaustion of such funds, the
Government shall suspend Design until there are sufficient Federal funds appropriated by
the Congress and funds provided by the Non-Federal Sponsors to allow Design to
resume.
A-6
C. In the event of termination, the parties shall conclude their activities relating to
the Design and conduct an accounting in accordance with Article III.E. To provide for
this eventuality, the Government may reserve a percentage of available funds as a
contingency to pay costs of termination, including any costs of resolution of contract
claims and contract modifications.
D. Any suspension or termination shall not relieve the parties of liability for any
obligation previously incurred. Any delinquent payment owed by the Non-Federal
Sponsors pursuant to this Agreement shall be charged interest at a rate, to be determined
by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent
rate of the 13 week Treasury bills auctioned immediately prior to the date on which such
payment became delinquent, or auctioned immediately prior to the beginning of each
additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE V—HOLD AND SAVE
The Non-Federal Sponsors shall hold and save the Government free from all
damages arising from the Design, except for damages due to the fault or negligence of the
Government or its contractors.
ARTICLE VI- DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non-binding alternative dispute resolution with a qualified third
party acceptable to the parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
ARTICLE VII-MAINTENANCE OF RECORDS AND AUDIT
A. The parties shall develop procedures for the maintenance by the Non-Federal
Sponsors of books,records, documents, or other evidence pertaining to costs and
expenses for a minimum of three years after the final accounting. The Non-Federal
Sponsors shall assure that such materials are reasonably available for examination, audit,
or reproduction by the Government.
B. The Government may conduct, or arrange for the conduct of, audits of the
Design. Government audits shall be conducted in accordance with applicable
Government cost principles and regulations. The Government's costs of audits for the
Design shall not be included in total design costs.
A-7
C. To the extent permitted under applicable Federal laws and regulations, the
Government shall allow the Non-Federal Sponsors to inspect books, records, documents,
or other evidence pertaining to costs and expenses maintained by the Government, or at
the request of the Non-Federal Sponsors,provide to the Non-Federal Sponsors or
independent auditors any such information necessary to enable an audit of the Non-
Federal Sponsor's activities under this Agreement. The costs of non-Federal audits shall
be paid solely by the Non-Federal Sponsors without reimbursement or credit by the
Government.
ARTICLE VIII- RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement,the
Government and the Non-Federal Sponsors each act in an independent capacity, and
neither is to be considered the officer, agent, or employee of the other. Neither party
shall provide,without the consent of the other party, any contractor with a release that
waives or purports to waive any rights a party may have to seek relief or redress against
that contractor.
ARTICLE IX-NOTICES
A. Any notice, request, demand, or other communication required or permitted to
be given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or mailed by certified mail, with return receipt, as follows:
If to the Non-Federal Sponsors:
Chair, Mason County Board of Commissioners
411 N, 5th St.
Shelton WA 98584
Chair, Skokomish Tribal Council
80 North Tribal Center Road
Skokomish Nation, WA 98584
If to the Government:
Chief, Civil Programs and Projects Branch
Seattle District, US Army Corps of Engineers
PO Box 3755
Seattle, WA 98124-3755
B. A party may change the recipient or address for such communications by
giving written notice to the other party in the manner provided in this Article.
A-8
ARTICLE X- CONFIDENTIALITY
To the extent permitted by the laws governing each party,the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XI-THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed,to create any rights,
confer any benefits, or relieve any liability, of any kind whatsoever in any third person
not party to this Agreement.
ARTICLE XII-JOINT AND SEVERAL RESPONSIBILITY OF THE
NON-FEDERAL SPONSORS
The obligations and responsibilities of the Non-Federal Sponsors shall be joint and
several, such that each Non-Federal Sponsor shall be liable for the whole performance of the
obligations and responsibilities of the Non-Federal Sponsors under the terms and provisions
of this Agreement. The Government may demand the whole performance of said
obligations and responsibilities from any of the entities designated herein as one of the Non-
Federal Sponsors.
A-9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
which shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY MASON COUNTY,WASHINGTON
BY: c� BY: 1,
John G. Bu c Ms. Terri Jeffre
Colonel,Corps of Engineers Chair,Board of County Commissioners
District Engineer Mason County,Washington
SKOKOMISH INDIAN TRIBE
BY2IL�
Mr. Charles Miller
Chairman, Skokomish Tribal Council
Skokomish Indian Tribe
A-10
CERTIFICATE OF AUTHORITY
I,Michael K. Dorcy,do hereby certify that I am the principal legal officer of Mason
County Washington,that Mason County Washington is a legally constituted public body
with full authority and legal capability to perform the terms of the Agreement between the
Department of the Army and Mason County in connection with the Skokomish River
Restoration Project,and to pay damages,if necessary,in the event of the failure to perform
in accordance with the terms of this Agreement, as required by Section 221 of Public Law
91-611, as amended (42 U.S.C. Section 1962d-5b),and that the persons who have
executed this Agreement on behalf of Mason County,Washington have acted within their
statutory authority.
IN WITNESS WHEREOF,I have made and executed this certification this 126'day
of August,2016.
Michael D cy,P
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than $100,000 for each such failure.
Ms. Terri Jeffreys:
Chair, Board of County Commissio'iPrtJMan County, WA
DATE:
NON-FEDERAL SPONSOR'S
SELF-CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, FvaK CC) , do hereby certify that I am the Chief Financial Officer
[OR TITLE OF EQUIVALENT OFFICIAL] of Mason County Washington (the "Non-Federal
Sponsor"); that I am aware of the financial obligations of the Non-Federal Sponsor for the
Skokomish River Basin Ecosystem Restoration Project; and that the Non-Federal Sponsor has
the financial capability to satisfy the Non-Federal Sponsor's obligations under the Design
Agreement for the Skokomish River Basin Ecosystem Restoration Project.
IN WITNESS WHEREOF, I have made and executed this certification this 7 day of
BY:
TITLE: (' 4er►► . I ivec. ≤ 1t -e 5
DATE: 7/ L/7
CERTIFICATE OF AUTHORITY
I, ®t (_ ,do hereby certify that I am the principal legal officer of
the Skokomish Indian Tri e,that the Skokomish Indian Tribe is a legally constituted public
body with full authority and legal capability to perform the terms of the Agreement between
the Department of the Army and the Skokomish Indian Tribe in connection with the
Skokomish River Restoration Project, and to pay damages, if necessary, in the event of the
failure to perform in accordance with the terms of this Agreement, as required by Section
221 of Public Law 91-611, as amended (42 U.S.C. Section 1962d-5b), and that the
persons who have executed this Agreement on behalf of the Skokomish Indian Tribe have
acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
l 1 day of o 1 20 t .
NAME:
TITLE: ®� c v \ e� -\ ç i.
NON-FEDERAL SPONSOR'S
SELF-CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
It rD
I, V/C7, /Fj IT J AVEL , do hereby certify that I am the Chief Financial Officer
[OR TITLE OF EQUIVALENT OFFICIAL] of the Skokomish Indian Tribe (the "Non-Federal
Sponsor"); that I am aware of the financial obligations of the Non-Federal Sponsor for the
Skokomish River Basin Ecosystem Restoration Project; and that the Non-Federal Sponsor has
the financial capability to satisfy the Non-Federal Sponsor's obligations under the Design
Agreement for the Skokomish River Basin Ecosystem Restoration Project.
I
IN WITNESS WHEREOF, I have made and executed this certification this ) ` day of
BY:
TITLE:
DATE:
,.\ NV. , '%,
c° NOTAR y
PUBLIC
%,�//p F'WAS
N`IIU \ \"'
7- S- iCa
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of
any agency,a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation,renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than$100,000 for each such failure.
Mr. Charles Miller: _�
Chairman Skokomish Tribal Council
DATE:
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: County Administrator Briefing: ☒
Action Agenda: ☒
Public Hearing: ☒
Special Meeting: ☐
Briefing Date(s): January 26 & March 16, 2026 Agenda Date(s): May 31 & April 28, 2026
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:
South Mason Fire Protection District No. 4 Withdrawal of Territories from Legal Boundaries
Background/Executive Summary:
On January 7, 2026, South Mason Fire Protection District No. 4 (DBA South Mason Fire & Rescue
SMFR) held a properly noticed Public Hearing and adopted three Resolutions in accordance with RCW
57.28.050. The District then certified the authenticity of those Resolutions and provided formal written
notice to the County on January 12, 2026, as required by RCW 57.28.060. Upon receipt of the notice, the
role of the Board of County Commissioners (BOCC) is to provide public notice, conduct a public hearing,
and make the determination required under RCW 57.28.080 as to whether the BOCC finds in the
affirmative and in agreement with the District the two statutory conditions set forth in RCW 57.28.050. If
the BOCC does not make an affirmative finding, the matter proceeds in accordance with RCW 57.28.090.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
South Mason Fire & Rescue held a properly noticed Public Hearing on January 7, 2026, and notice for the
Mason County Public Hearing was noticed April 9 and April 16, 2026, in the Shelton-Mason County
Journal.
Requested Action:
1. Approval of the Resolution related to South Mason Fire & Rescue Resolution No. 224, 225, and
226 containing findings of fact affirmatively answering the questions set forth in RCW 57.28.050
for the withdrawal of the Squaxin Island Tribe territory within the District.
2. Approval of the Resolution denying South Mason Fire & Rescue Resolution No. 224, 225, and
226 if any questions set forth in RCW 57.28.050 are answered in the negative or the findings of
the county legislative authority are not the same as the findings of the District Board of
Commissioners and setting a special election as set forth in RCW 57.28.090.
3.Approval to continue the Public Hearing to Tuesday, May 26, 2026, at 9:15 a.m. to consider the
withdrawal of Squaxin Island Tribe territory from South Mason Fire Protection District No. 4.
Attachment(s):
RCW 57.28.050-090
South Mason Fire & Rescue Memo
South Mason Fire & Rescue Letter of Certification
South Mason Fire & Rescue Resolutions No. 224, 225, and 226
Mason County Draft Resolutions
RCW 57.28.050
Hearing—Findings.
The petition for withdrawal shall be heard at the time and place specified in such notice or the hearing
may be adjourned from time to time, not exceeding one month in all, and any person may appear at such
hearing and make objections to the withdrawal of such territory or to the proposed boundary lines thereof.
Upon final hearing on the petition for withdrawal, the board of commissioners of the district shall make such
changes in the proposed boundary lines as it deems to be proper, except that no changes in the boundary
lines shall be made by the board of commissioners to include lands not within the boundaries of the territory as
described in such petition. In establishing and defining such boundaries the board of commissioners shall
exclude any property which is then being furnished with water, sewer, or drainage service by the district or
which is included in any distribution or collection system the construction of which is included within any duly
established local improvement district or utility local improvement district, and the territory as finally
established and defined must be substantial in area and consist of adjoining or contiguous properties. The
board of commissioners shall thereupon make and by resolution adopt findings of fact as to the following
questions:
(1) Would the withdrawal of such territory be of benefit to such territory?
(2) Would such withdrawal be conducive to the general welfare of the balance of the district?
Such findings shall be entered in the records of the district, together with any recommendations the
board of commissioners may by resolution adopt.
[ 1999 c 153 s 21; 1996 c 230 s 1007; 1986 c 109 s 1; 1941 c 55 s 5; Rem. Supp. 1941 s 11604-5.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
RCW 57.28.060
Transmission to county legislative
authorities.
Within ten days after the final hearing the board of commissioners of the district shall transmit to the
county legislative authority of each county in which the district is located the petition for withdrawal, together
with a copy of the findings and recommendations of the board of commissioners of the district certified by the
secretary of the district to be a true and correct copy of such findings and recommendations as the same
appear on the records of the district.
[ 1996 c 230 s 1008; 1982 1st ex.s. c 17 s 24; 1941 c 55 s 6; Rem. Supp. 1941 s 11604-6.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
RCW 57.28.070
Notice of hearing before county legislative
authority.
Upon receipt of the petition and certified copy of the findings and recommendations adopted by the
district commissioners, the county legislative authority of each county in which the district is located at a
regular or special meeting shall fix a time and place for hearing thereon and shall cause to be published at
least once a week for two or more weeks in successive issues of a newspaper of general circulation in the
district, a notice that such petition has been presented to the county legislative authority stating the time and
place of the hearing thereon, setting forth the boundaries of the territory proposed to be withdrawn as such
boundaries are established and defined in the findings or recommendations of the board of commissioners of
the district.
[ 1996 c 230 s 1009; 1982 1st ex.s. c 17 s 25; 1941 c 55 s 7; Rem. Supp. 1941 s 11604-7.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
RCW 57.28.080
Hearing—Findings.
The petition shall be heard at the time and place specified in the notice, or the hearing may be
adjourned from time to time, not exceeding one month in all, and any person may appear at the hearing and
make objections to the withdrawal of the territory. Upon final hearing on the petition the county legislative
authority shall thereupon make, enter, and by resolution adopt its findings of fact on the questions set forth in
RCW 57.28.050. If the findings of fact answer the questions affirmatively, and if they are the same as the
findings made by the district commissioners, then the county legislative authority shall by resolution declare
that the territory be withdrawn from that district, and thereupon the territory shall be withdrawn and excluded
from that district the same as if it had never been included therein except for the lien of taxes as hereinafter
set forth. However, the boundaries of the territory withdrawn shall be the boundaries established and defined
by the district board of commissioners and shall not be altered or changed by the county legislative authority
unless the unanimous consent of the district commissioners be given in writing to any such alteration or
change.
[ 1996 c 230 s 1010; 1941 c 55 s 8; Rem. Supp. 1941 s 11604-8.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
RCW 57.28.090
Election on withdrawal.
If the findings of any county legislative authority answer any of the questions of fact set forth in RCW
57.28.050 in the negative, or if any of the findings of the county legislative authority are not the same as the
findings of the district board of commissioners upon the same question, then in either of such events, the
petition for withdrawal shall be deemed denied. Thereupon, and in such event, the county legislative authority
of each county in which the district is located shall by resolution cause a special election to be held not less
than thirty days or more than sixty days from the date of the final hearing of any county legislative authority
upon the petition for withdrawal, at which election the proposition expressed on the ballots shall be
substantially as follows:
"Shall the territory established and defined by the district board of commissioners at its meeting held on
the . . . . . . (insert date of final hearing of district board of commissioners upon the petition for withdrawal) be
withdrawn from district . . . . . . (naming it).
YES □ NO □"
[ 1996 c 230 s 1011; 1982 1st ex.s. c 17 s 26; 1941 c 55 s 9; Rem. Supp. 1941 s 11604-9.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Resolution No.
Resolution Relating to and Affirming South Mason Fire & Rescue Resolution No. 224, 225,
and 226 Containing Findings of Fact Affirmatively Answering the Questions Set Forth in
RCW 57.28.050
WHEREAS, On January 7, 2026, South Mason Fire Protection District No. 4 (DBA South Mason
Fire & Rescue) held a properly noticed Public Hearing and adopted three separate Resolutions in
accordance with RCW 57.28.050 withdrawing Squaxin Island Tribe territory; and,
WHEREAS, the District certified the authenticity of those Resolutions and provided formal written
notice to the County on January 12, 2026, as required by RCW 57.28.060; and,
WHEREAS, the Board of County Commissioners (BOCC) held a Public Hearing on Tuesday, April
28, 2026, to consider the questions set form in RCW 57.28.050 for the withdrawal of the Squaxin Island
Tribe territory within the District; and,
WHEREAS, the BOCC affirmatively answers the following questions:
1. Would the withdrawal of such territory be of benefit to such territory?
2. Would such withdrawal be conducive to the general welfare of the balance of the district?; and,
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby adopt the findings of fact as set forth in South Mason Fire & Rescue Resolution No. 224,
225, and 226 as shown in Exhibit A. The territory shall be withdrawn from the District.
DATED this day of _____________, 2026.
ATTEST:
________________________________
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
________________________________
Tim Whitehead, Chief Deputy Prosecuting
Attorney
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
___________________________________
Pat Tarzwell, Chair
___________________________________
Randy Neatherlin, Vice-Chair
___________________________________
Sharon Trask, Commissioner
Resolution No.
Resolution Relating to and Denying South Mason Fire & Rescue Resolution No. 224, 225,
and 226 Containing Findings of Fact Negatively Answering or Disagreeing with the
Questions Set Forth in RCW 57.28.050 and Setting a Special Election as Set Forth in RCW
57.28.090
WHEREAS, On January 7, 2026, South Mason Fire Protection District No. 4 (DBA South Mason
Fire & Rescue) held a properly noticed Public Hearing and adopted three separate Resolutions in
accordance with RCW 57.28.050 withdrawing Squaxin Island Tribe territory; and,
WHEREAS, the District certified the authenticity of those Resolutions and provided formal written
notice to the County on January 12, 2026, as required by RCW 57.28.060; and,
WHEREAS, the Board of County Commissioners (BOCC) held a Public Hearing on Tuesday, April
28, 2026, to affirm the questions set form in RCW 57.28.050 for the withdrawal of the Squaxin Island Tribe
territory within the District; and,
WHEREAS, the BOCC answers the following questions in the negative:
1. Would the withdrawal of such territory be of benefit to such territory?
2. Would such withdrawal be conducive to the general welfare of the balance of the district? and,
WHEREAS, Mason County shall cause a special election to be held at which election the
proposition expressed on the ballots shall be substantially as follows:
“Shall the territory established and defined by the South Mason Fire & Rescue District
Board of Commissioners at its meeting held on January 7, 2026, be withdrawn from South
Mason Fire Protection District No. 4.
Yes ☐ No ☐”
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby deny the petition as set forth in South Mason Fire & Rescue Resolution No. 224, 225, and
226 as shown in Exhibit A and set a special election.
DATED this day of _____________, 2026.
ATTEST:
________________________________
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
___________________________________
Pat Tarzwell, Chair
___________________________________
Randy Neatherlin, Vice-Chair
________________________________
Tim Whitehead, Chief Deputy Prosecuting
Attorney
___________________________________
Sharon Trask, Commissioner
South Mason Fire & Rescue
2970 SE Arcadia Rd. Shelton, WA. 98584
(360) 426-7222 / admin@smfr4.org
By Electronic Mail
Mason County Commissioners
415 N. 5th St.
Shelton, WA 98584
Re: South Mason Fire & Rescue ("SMFR"); withdrawal of territory of Squaxin Island Tribe
of Indians ("Tribe") from SMFR; public statement favoring withdrawal
Dear Mason County Commissioners:
In December 2025, the SMFR Board of Fire Commissioners ("Board") followed the legal process
for withdrawing territory from a fire district. Under RCW 52.08.011, a fire district may remove
territory using the procedures of chapter 57.28 RCW. The Board adopted three Resolutions
identifying Tribe parcels to be withdrawn and held a public hearing (January 7, 2026) as required
by RCW 57.28.050. The Board's Findings were then transmitted to Mason County as mandated
by law. Mason County has scheduled this hearing pursuant to RCW 57.28.070. SMFR appreciates
the opportunity to submit this statement.
Board's Findings (per RCW 57.28.050)
The Board carefully reviewed all evidence, testimony, and legal criteria before making its findings,
and found as follows:
Territory to be Withdrawn. The identified Tribal parcels are contiguous and substantial in area.
No parcel is currently served by SMFR for water, sewer, or drainage. In short, the technical
requirements of RCW 57.28.050 are met. Furthermore, Mason County has not established a
boundary review board (BRB), and therefore separate BRB processes need not be followed.
Benefit to the Territory.
Importantly, a fire district has a statutory duty to provide the same level of service to all properties
and persons within its boundaries, irrespective of whether the fire district is paid for those services.
This was the finding of a 2021 Washington State Attorney General Opinion (AGO). The AGO is
attached hereto for reference. Authorizing withdrawal will relieve the Tribe of being served by an
underfunded fire district that has a statutory duty to serve it.
The Tribe may point to the fact of pending contract negotiations to show that SMFR can negotiate
a substantial fee for services. But reaching agreement is not guaranteed. What can be guaranteed
is that if SMFR continues serving the Tribe without compensation —when it is statutorily obligated
to do so under the AGO —then services to the Tribe and the remainder of SMFR will be
substantially degraded. And degradation of services to all of SMFR will degrade services to the
Tribe, as insurance rates will rise and call volumes will increase without a commensurate increase
Page 1 of 3
in staffing and apparatus. An unfunded service obligation will negatively impact the Tribe because
it is and will negatively impact SMFR.
For the reasons above, the Board found that withdrawal would benefit the Tribe. In effect,
removing Tribal lands from SMFR allows the Tribe more freedom to control the services it
receives, either by forming its own fire department or obtaining services from a financially
sustainable source. This respects Tribal self-determination: the Tribe can choose the level and
manner of fire protection services it desires. By SMFR's finding, the Tribe is not harmed by
withdrawal —in fact, the Tribe gains flexibility and control over its services.
Welfare of SMFR. The Board also found that withdrawal would benefit the general welfare of
SMFR's remaining taxpayers. Retaining Tribal land in SMFR would continue an unfunded service
burden. Tribal trust lands are not subject to property tax (they are tax-exempt by law) and
approximately 90% of SMFR's funding is derived from property taxes. Thus, including the parcels
is inequitable: SMFR's citizens subsidize services for those non -taxpaying parcels. By
withdrawing the territory, SMFR will improve fiscal sustainability, maintain service levels for
county residents, and clarify dispatch and mutual -aid planning. These findings reflect the Board's
duty to balance SMFR's budget and protect the interests of the approximately 8,500 people it
serves —which does not include transient visitors to the Tribe's commercial properties. SMFR has
no malicious or wrongful intent and is acting in good faith. SMFR has made this choice as a matter
of common sense and sound business practices.
Respect for Tribal Sovereignty
SMFR fully acknowledges that the Tribe is a sovereign, federally recognized nation. SMFR
respects the Tribe's inherent right to govern its lands and make its own decisions. SMFR accepts
that the Tribe may have a different viewpoint as to whether withdrawal will benefit the Tribe.
However, withdrawal is not a denial of Tribal sovereignty; rather, it recognizes it. Irrespective of
withdrawal, the Tribe remains free to operate independently or under a contract. From the outset,
SMFR has acknowledged that the Tribe is not required to enter any agreement with SMFR
indeed, the law does not obligate Tribes to contract for fire service. Tribal property is legally
exempt from taxation, and Tribes may choose whatever service model they prefer. By proposing
withdrawal, SMFR is simply clarifying jurisdictions, in order that the Tribe can manage its own
fire protection and emergency -management choices, as its own sovereign nation.
Fiscal Rationale & Intent
The Board's decision was driven by fiscal responsibility, not by any desire to coerce the Tribe.
SMFR is the third -busiest fire district in Mason County, with approximately 15% of its calls being
devoted to Tribal territory, and with call volume rising year over year. SMFR operates on a fixed
tax base, and its budget is strained as population and service demands grow. Including tax-exempt
Tribal lands in the SMFR service area increases strain on that budget. The withdrawal was initiated
strictly as a budget -management tool to prevent SMFR from becoming fiscally overextended by
unfunded territory.
For context, state law (RCW 57.28.050) directs SMFR to ask whether the withdrawal is "of benefit
to [the territory to be withdrawn]" and "conducive to the general welfare of the balance of the
Page 2 of 3
district." The Board answered both questions in the affirmative, based on careful analysis. SMFR
believes the County should adopt those same answers. If the County's findings match those of
SMFR, RCW 57.28.080 mandates that the County "declare that the territory be withdrawn," and
the withdrawal becomes effective as prescribed.
Conclusion & Request
In closing, SMFR respectfully asks the Mason County Council to uphold the SMFR Board's
findings and allow the withdrawal to proceed. SMFR understands that the Tribe's perspective may
differ. SMFR remains open to continued dialogue and cooperation on emergency services.
Ultimately, SMFR has acted in good faith, following the law and prioritizing the welfare of both
the Tribal territory and the district. SMFR has ensured that the effective date (October 20, 2026,
per SMFR Resolutions) will not disrupt current contractual arrangements and aligns with the
SMFR budget cycle.
SMFR acknowledges the Tribe's sovereignty. SMFR regrets any friction this process has caused.
SMFR's goal is a balanced, sustainable fire -service system for all. SMFR shall, at all times, act in
good faith to contract for services with the Tribe, whether it is within SMFR's boundaries or not.
SMFR welcomes any questions and looks forward to working collaboratively for Mason County's
safety and fiscal health.
Gregory Rudolph
Fire Chief
Page 3 of 3
Robert W. Ferguson t SII1N� Attorney General of Washington
INDIANS—TRIBAL/STATE COMPACT —FIRE PROTECTION/FIRE CODE —
Provision Of Fire And Emergency Services To Persons And Property Within The
Reservation Of A Federally Recognized Indian Tribe
1. A fire protection district may not refuse to provide fire and emergency services to
persons or property within the reservation of a federally recognized Indian tribe.
2. The fees charged by a fire protection district for providing services relating to
untaxed property within the reservation of a federally recognized Indian tribe may
be negotiated between the tribe and the fire protection district.
3. Fire protection districts lack the authority to unilaterally impose fees upon tribes, but
incentives exist for both sides to reach agreement.
4. Where property within reservation boundaries is divided between or among more
than one fire protection district, fire and emergency services may be provided by a
single fire protection district by mutual agreement.
July 8, 2021
The Honorable Debra Lekanoff
State Representative, District 40
PO Box 40600
Olympia, WA 98504-0600
Dear Representative Lekanoff:
Cite As:
AGO 2021 No. 3
By letter previously acknowledged, you have requested our opinion on four questions,
which we paraphrase as follows:
1. May a fire protection district refuse to provide fire and emergency
services to persons or property within the reservation of a federally
recognized Indian tribe within Washington State?
2. Are the fees that a fire protection district may charge a federally
recognized Indian tribe for fire and emergency services on a
reservation within Washington State subject to any financial limits or
reasonableness standards?
3. What recourse, if any, does a federally recognized Indian tribe have if
it believes that a fee for fire and emergency services charged by a fire
protection district is unreasonable or punitive?
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
2 AGO 2021 No. 3
4. If two fire protection districts' service areas include the reservation of
a federally recognized Indian tribe in Washington State, may the tribe
and fire protection districts agree that only one of the fire protection
districts will provide fire and emergency services for the entire
reservation?
BRIEF ANSWERS
1. No. Under current law, including RCW 52.02.020(1), once a fire protection district
establishes its boundaries, it must provide fire and emergency services to persons and property
within those boundaries. This is the case regardless of whether the persons benefitted are residents
within the district or visitors, and regardless of whether the property is within the borders of a
federally recognized tribe's reservation.
2. No. The legislature has not established financial limits or a reasonableness standard for
fees paid for fire and emergency services. While there are no statutory limitations or standards,
incentives exist for fire protection districts and tribes to reach agreement as to the compensation
amount. In the absence of agreement on payment, fire protection districts must still provide
services to all persons and property within the district service area, even to tax exempt properties,
but may also withdraw territory from the district service area.
3. Fire protection districts do not have the authority to unilaterally impose a fee for fire
and emergency services on a tribe. Instead, tribes and fire protection districts negotiate the fees
charged for fire and emergency services. Tribes have no obligation to enter an agreement on terms
they deem unreasonable. The individual agreements entered into by fire protection districts and
tribes may provide recourse for resolving disputes, including providing for withdrawal from the
agreement.
4. Yes, if both fire protection districts agree. Under current law, fire protection districts
can provide services within another district by a number of methods, which generally require the
agreement of both districts. For example, tribes may participate in the creation of a regional fire
protection service authority with both districts under RCW 52.26 or contract with both fire
protection districts. In addition, one of the fire protection districts may annex the reservation area
or withdraw from the area, in which case services could be provided by other methods such as
forming a regional fire protection service authority or annexing into the other district.
BACKGROUND
In Washington, a number of different entities provide fire and emergency services. The
questions posed to us focus on fire protection districts formed under RCW Title 52. We recognize
that municipalities provide fire protection services within incorporated areas unless an
arrangement is in place for another entity to provide the service. See RCW 52.08.025, .021. In
addition, counties can provide fire protection services. RCW 36.32.470. Tribes may also provide
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
3 AGO 2021 No. 3
fire protection services. Because the questions here focus on the duties and structures of fire
protection districts, we limit our response to those entities.
Fire protection districts are municipal corporations. RCW 52.12.011. RCW 52.02 sets forth
the process to establish fire protection districts. These districts exist to provide "fire prevention
services, fire suppression services, emergency medical services, and for the protection of life and
property[.]" RCW 52.02.020(1). In this opinion, we use the phrase "fire and emergency services"
to cover these services provided by a fire protection district. A district generally provides services
within the unincorporated areas within its boundaries. See RCW 52.08.025, .021.
Your letter describes situations where tribes may not have established financial
arrangements with local governments that define how much the tribe pays for fire and emergency
services. Gaming compacts between a tribe and the state often address fire protection costs and
relationships with fire protection districts by negotiating payment of impact fees to local
governments. But tribes that do not engage in gaming may not have contractual arrangements that
address fire protection costs. You have asked about the duties of fire protection districts with
respect to such tribes and the extent of any limitations on fees for fire protection services within a
tribe's reservation.
We also recognize that land ownership within the boundaries of most reservations is varied.
Land and structures may be owned by tribal members as well as non-members. The tribe itself
may own land in fee and land may be held in trust for the tribe. The tribe may be engaging in a
variety of governmental, service, conservation, economic development, and business functions on
the tribe's trust and fee lands. We do not address questions of the specific ownership, use, or
taxability of individual properties within a reservation in this opinion.
ANALYSIS
1. May a fire protection district refuse to provide fire and emergency services to persons
or property within the reservation of a federally recognized Indian tribe within
Washington State?
Fire protection districts are formed specifically to provide fire and emergency services
within the prescribed boundaries of the district. RCW 52.02.020(1). Fire protection "constitutes
one of the oldest functions of American local government," and "[i]t not only is within the power,
but it is the duty of municipalities to adopt proper and reasonable regulations for the protection of
the lives and safety of persons, as well as the protection of property, against the danger of ... fire."
7A Eugene McQullin, The Law of Municipal Corporations § 24:457, Westlaw (3d ed. & Suppl.
Aug. 2020). The boundaries of fire protection districts are established under RCW 52.02 and may
include areas within the reservation of a federally recognized Indian tribe. Once a county
legislative authority approves the creation of a fire protection district and establishes its
boundaries, state law prohibits the fire protection district from excluding land within those
boundaries from the district. RCW 52.02.060. Such boundaries cannot be changed without
following a statutory process such as annexation of additional territory (RCW 52.04), merger with
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
4 AGO 2021 No. 3
another district (RCW 52.06), withdrawal of territory from the district (RCW 52.08; RCW 52.04),
or dissolution of the district (RCW 52.10).
While the level of service provided is a matter of policy of each jurisdiction, districts may
not refuse to provide service to persons or properties located in the district. We have previously
opined that a fire protection district has the statutory duty to serve persons and properties within
its boundaries. AGO 55-57 No. 180, at. 2; see also RCW 52.02.060. As we concluded in an
informal opinion, fire protection districts have no "implied power to exclude certain buildings or
structures from general fire prevention and suppression services." Letter from Charles Zalesky,
Assistant Attorney General; State of Washington, to Bruce Chandler & David Taylor, Washington
State Representatives (Sept. 14, 2015), at 3 (copy attached). The legislature did not provide that
fire protection districts can withhold services as a remedy for an individual owner's failure to pay
property tax levies, nor may districts withhold services from properties exempt from taxation.
When tax-exempt tribal property is located within a fire protection district, the district is authorized
to enter into an agreement with the tribe to address fire protection services funding.
RCW 52.30.080. That statute makes no reference to declining services as an alternative.
RCW 52.30.080. Additionally, RCW 52.30.020 provides that state agencies and municipal
corporations must contract with a fire protection district for needed fire and emergency services,
but does not explicitly authorize the district to simply refuse to provide services.
Without that authorization to refuse to provide services, we conclude that fire protection
districts have the responsibility to provide services to all land within their boundaries. Thus, we
answer your question in the negative. When district boundaries include the reservation of a
federally recognized Indian tribe, fire protection districts cannot refuse to provide services to
persons or property within the reservation.
2. Are the fees that a fire protection district may charge a federally recognized Indian
tribe for fire and emergency services on a reservation within Washington State
subject to any financial limits or reasonableness standards?
While no statute specifically requires tribes to reimburse fire protection districts for fire
and emergency services, fire protection districts have statutory authority to enter into contracts
with tribes to compensate districts for providing fire protection services. RCW 52.30.080. The
statute provides:
When exempt tribal property is located within the boundaries of a fire
protection district or a regional fire protection service authority, the fire protection
district or authority is authorized to contract with the tribe for compensation for
providing fire protection services in an amount and under such terms as are
mutually agreed upon by the fire protection district or authority and the tribe.
RCW 52.30.080(1).
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
5 AGO 2021 No. 3
This statute applies with respect to certain tribal property exempt from property taxes and
located within the boundaries of a fire protection district or a regional fire protection service
authority. All property belonging exclusively to any federally recognized Indian tribe is exempt
from property taxes under RCW 84.36.010(1) if: "(a) the tribe is located in the state, and (b) the
property is used exclusively for essential government services[.]" "Essential government services"
means "services such as tribal administration, public facilities, fire, police, public health,
education, sewer, water, environmental and land use, transportation, utility services, and economic
development." RCW 84.36.010(2)(b). "Economic development" means "commercial activities,
including those that facilitate the creation or retention of business or jobs, or that improve the
standard of living or economic health of tribal communities." RCW 84.36.010(2)(c).
In authorizing contracts for fire and emergency services, the legislature provided that the
compensation amount and terms would be "mutually agreed upon by the fire protection district or
authority and the tribe." RCW 52.30.080(1). Thus, the legislature did not establish financial limits
or a reasonableness standard beyond those upon which the parties can reach agreement. In addition,
fire protection districts also have authority to contract with tribes pursuant to the Interlocal
Cooperation Act, RCW 39.34, to "consolidate, provide, or cooperate for fire prevention protection,
fire suppression, investigation, and emergency medical purposes." RCW 52.12.031(4). That
statute likewise does not establish financial limitations or a reasonableness standard with respect
to the terms of such agreements.
While the legislature included no specific statutory limitations or standards, incentives
exist for fire protection districts and tribes to reach agreement as to the compensation amount. An
incentive for fire protection districts stems from the conclusion above that they are obligated to
provide fire protection and suppression services with respect to buildings and other structures
located within their districts regardless of whether the property is subject to property taxes. An
incentive for tribes to agree comes from the fire protection districts' authority to withdraw territory
from their service areas by following the procedures established in RCW 52.04.056 or RCW
52.08.011. Another incentive may be simply that by entering into such an agreement, a tribe may
contract for a specific quality or nature of services. In short, when tribes and fire protection districts
reach agreements on compensation, tribes gain certainty on services and fire protection districts
gain certainty on funding for those services.
3. What recourse, if any, does a federally recognized Indian tribe have if it believes that
a fee for fire and emergency services charged by a fire protection district is
unreasonable or punitive?
Fire protection districts do not have the authority to unilaterally impose a fee for fire and
emergency services on a tribe. Instead, the two parties typically negotiate an agreement for
provision of services. Tribes have no obligation to enter an agreement on terms they deem
unreasonable. As described above, both parties have incentives to agree on terms that they believe
are fair and reasonable. Those agreed -upon terms control the recourse available to each party.
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
6 AGO 2021 No. 3
In addition, pursuant to RCW 52.08.011, the territory could be withdrawn from the fire
protection district, and the tribe could enter into an agreement with another fire protection district
or establish its own fire protection services.
4. If two fire protection districts' service areas include the reservation of a federally
recognized Indian tribe in Washington State, may the tribe and fire protection
districts agree that only one of the fire protection districts will provide fire and
emergency services for the entire reservation?
You ask about a situation in which different parts of a reservation are served by two
different fire protection districts. There are a number of ways for a single district to serve the entire
reservation in this scenario, if this is the objective. We recognize that tribes are sovereign nations
and do not need the permission or authorization of the state or entities created under state law to
provide services to their members and within,their reservations. We assume for ,this analysis that
the tribe wishes to have a fire protection district provide fire and emergency services on the
reservation rather than establishing its own independent service. Thus, the methods we list below
assume that a fire protection district formed under state law will provide the fire and emergency
services. We also recognize that this is not an exhaustive list and there are likely other ways to
accomplish this goal.
Under current law, fire protection districts can provide services within another district, but
generally this must happen with the agreement of both existing fire protection districts. The most
straightforward way that a fire protection district can provide services within the boundaries of
another fire protection district is for both districts to enter into a contract for that purpose.
RCW 52.12.031(4) provides that districts may "contract with any governmental entity under
RCW 39.34 or private person or entity to consolidate, provide, or cooperate for fire prevention
protection, fire suppression, investigation, and emergency medical purposes." We have previously
opined that districts have wide latitude to contract to provide fire and emergency services, but
when the contract includes services within the boundaries of a different established fire protection
district, the contract must be made between the two districts. AGO 55-57 No. 180, at. 2. A tribe
may also be a party to the contract and/or involved in the negotiations of the contract between the
two districts. That contract can address the funding mechanisms for fire and emergency services.
Reservations typically include a mix of land ownership. Some properties will be tax exempt as
described above and others may be subject to existing property tax levies assessed to fund the fire
protection districts. Similar to the impact fees negotiated for fire and emergency services in the
context of gaming compacts, a contract between fire districts and tribes can address whether
the tribe will provide additional funding for service to the reservation, subject to the mutual
incentives described in response to your second question, above.
Tribes may negotiate with fire protection districts not only for fire and emergency services
generally within the boundaries of the reservation but also specifically with respect to tax-exempt
tribal property. As discussed above, under RCW 52.30.080(1), fire protection districts and regional
authorities may contract with tribes for compensation when exempt tribal property is located
within the boundaries of a fire protection district or a regional fire protection service authority.
ATTORNEY GENERAL OF WASHINGTON
The Honorable Debra Lekanoff
7 AGO 2021 No. 3
This provision provides authority for a district to enter such a contract but does not require a district
to do so. Further, the provision explicitly states that the terms of such a contract must be mutually
agreeable. The questions asked of us assume a broader focus than the tribe's tax-exempt property,
but we raise this provision as an option for consideration.
Formation of a regional fire protection service authority is another option that allows fire
and emergency services to be provided across district boundaries. A regional fire protection service
authority is defined as "a municipal corporation ... whose boundaries are coextensive with two or
more fire protection jurisdictions located within reasonable proximity and that has been created by
a vote of the people under this chapter to implement a regional fire protection service authority
plan." RCW 52.26.020(6). The fire protection jurisdictions allowed to form a regional authority
include fire districts, regional fire protection service authorities, cities, towns, port districts,
municipal airports, and tribes. RCW 52.26.020(3). Thus, in the scenario presented here, the tribe
and one or both of the fire protection districts serving the tribe's reservation may form the regional
authority. RCW 52.26 provides details and procedures for forming such an authority, determining
the scope of services provided, and funding the authority.
In addition to these options, fire protection districts may change their boundaries in various
ways. Fire protection districts are not static. Districts can annex or withdraw areas from the
districts. Districts can merge or dissolve. Other entities, such as a municipal fire department, can
assume the duties of the fire protection district. RCW 52.06.090 provides that one district can
transfer part of its district to another district. "A part of one district may be transferred and merged
with a district located within reasonable proximity if the area can be better served by the merged
district." RCW 52.06.090. This option would provide for the permanent service of the merged area
by a new fire protection district. In addition, areas can be withdrawn from a fire protection district
(RCW 52.08.011) or a district can be dissolved (RCW 52.10.010). Once no longer within a
district's boundaries, another fire protection district can provide services to the area by contract
(RCW 52.12.031(4); see also AGO 55-57 No. 180, at 2; AGO 1989 No. 6, at 7-8) or the area can
be annexed into another district (RCW 52.26.300).
We trust that the foregoing will be useful to you.
ROBERT W. FERGUSON
Attorney General
s/ Kristin Mitchell
KRISTEN MITCHELL
Deputy Attorney General
s/Jessica Fogel
JESSICA FOGEL
Assistant Attorney General
wro
attachment
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
1125 WIIShifigtfill Street SE PO Box 40100 Olympia WA 9i5O40tOO
September 14„ 2015
The Honorable Mee Chandler
State Representative„ District 1,5
PO Box 40600
Olympia, WA 98504-0600
The Honorable David Taylor
State Representative, District 15
PO Box 40600
Olympia, WA 98504-0600
Dear Representative Chandler and RepreselliOAVO Taylor:
By letter previously acknowledged, you have requested an opinion on the following two
questions, which I have paraphrased as follows:
1. Is a fire protection district legally required to provide fire suppression
services with respect to commercial structures owned by a
corporation or other non -natural person, including a tribal -owned
corporation, when the property is exempt from state and local
property tax?
2. Absent an agreement with o federally recognized Indian Tribe
whereby the Tribe compensates a fire protection district for lire
suppressionservices performed on tax exempt tribal ,commerelal
property, does providing such .SerViCeti constitute an improper gift of
public funds or otherwise violate Washington law?
BRIEF ANSWER
1. Y6, 'Under current law, namely RCW 5102..02001 a. fire protection district is
required to provide fire prevention and suppression services. with respect to buildings and other
structures located within its boundaries. There is no statutory exception for commerati property
that is exempt from state and local. property tax, even when that property is owned by a
corporation or other non -natural p MOD, Current law does, however, provide some options that a
fire protection district may considor if it is not being adequately funded for services performed
on tax exempt property, including the withdrawn of territory from the district,
ATTORNEY GENERAL OF WASHINGTON
The Honorable Bruce Chandler
The Honorable Thwid Taylor
Septenaber 14, 2015
Page, 2
2. No. It is lawful for a fire protection district to provido tire suppression services
with respect to tax exempt tribal commercial property located within its boundaries, oven if the
district is riot being compensated for those services through an agreement with the Tribe.
BACKGROUND
Fire protection districts within Washington are municipal corporations [brined under
RCW 5202,and funded primarily through property tax levies. The purposes and funetions of a
fire protection district are set forth in RCW' 52.02.020(1), which establishes that a district is
authorized to provide fire prevention and suppression services and emergency MAW services,
and to protect life and property. A distriet generally provides these services in unincorporated
areas within its boundaries, RCW 52.08.025.
There are currently eleven fire protection districts, operating within unincorporated areas
of Yakima County, See Community Wildfire Protection Plan (Plan) at 44, 46.1- The largest hi
terms of area covered. is Yakima County Fire Protection District 5 (District 5). Formed in 1947,
District 5 covers :approximately 750 square miles within the lower Yakima Valley and protects
"approximately 45,000 rural residents from White Swan to Grandview."Plon.at 51, Over half -of
the area covered by District 5 is within the )(Annie. Reservation. Plan at 51. Much of the real
and personal property located :within the. Yakarna Reservation is exempt from state and local
property tax because it is owned by the federal government in trust for the Yakama Nation or its
members. Sc Wash. Const. art, VII, § 1 (property of the United States exempt faun taxation);
RCW 84,36.010(I) (sante); see also Conf, of W. Att'ys Gen., American Indian Lem, Deskboolc
§ 11:7 , at 771-73 (2014) (discussing state authority to tax tribal real property). Certain property
owned. in fee by the Yakama Nation and used exclusively for essential government services may
also be exempt front property taxation pursuant to RCW 84.36.01.0.
State law addresses the provision of fire protection services to land that is exempt tiom
district's property tax Levies ina variety of ways. See, e.g,, Ciiy of :Ellensburg v, State, 11..8
Wit2d 709, 710-11, 826 P.2d 1081 (1992) (discussing the provision of fire services to state-
owned facilities through state -funded contracts). RCW 52,30,080 (enacted in 2014) provides that
when exempt tribal property is located within the bound.aries of a fire protection district, the
district is 'authorized to contract with the tribe for compensation thr providing fire protection
services in an amount and under such toms as are mutually agreed -upon!' between the district
and the Tribe. I infer from your opinion. request letter that District 5 has not yet entered into snob
an agreement with the Yakruna Nation. Instead, District 5 has suggested that .it can lawfully
discontinue providing fire prevention and suppression services with respect to tax exempt
commercial properties looted within its boundaries and owned by corporations, including tribal -
owned corporations. The basic argument advanced by District 5 is that, because a, corporation is
t Yakima County CWPP Steering Comm, Communily inkfire Prolection Plan (2014),
httplAvww.yaldrnacounly.usipublieservEceOnewslyakittta%20Counly%20CWPP.pdf.
ATTORNEY GENERAL 01 WMHINUTON
The Honorable Bruce Chandler
The Honorable David Taylor
September 14, 2015
Page 3
not a "citizen" proteeted under the privileges and immunities clause, District 5 is not Obligated, to
provide services to a corporatiott or similar "non-eltizen" .that, is not contributing to the payment
of those services through property tax levies or by Qmentent. District .5 further contends that,
without an agreement compensating it for providing fire protection and suppression services with
respect to tax exempt property owned by (1 "non-citizell,." District 5 is making an impermissible
gift of public funds.
You have asked for an informal legal opinion on these issues and any ancillary topics
relating to these. ISSUCS, which I provide below.
ANALYSIS
Is a fire protection district legally required to provide :fire suppression services with
respect to .commercial structures owned by a corporation or other non -natural
person, including o tribal -owned corporation„ when the property is exempt from
state and local property tax?
A .fire protection district is a municipal corporation. RCW 52,12.011. Like other
municipal corporations, it has those powers expressly conferred. by the constitution and laws .of
the state "together with those powers necessarily implied from such grants." AGO 1989 No. 6,
at 7. Fire .proteetion distrietsare formed for the general purpose of providing fire prevention and
suppression services,. and emergency medical serviees, to unincorporated areas within the.
boundary. of the district. RCW 52.02..020(1).
Fire protection districts are subject to the laws of the state., and the legislature has not
enacted a statute permitting a district to exclude certain buildings or .structures located within its
boundaries from general fire prevention and suppression services! 1 am aware of no orpiment
supporting a claim that fire protection districts have implied power to exclude certain buildings
or structures from general. fire prevention and suppression services, Sae generally Pori of Seattle
v. Uffls. & Tromp, Commrn., 92 Vtin,2d. 789, 795, 597 P.2d 383 (1979) (Et claim of implied power
must be denied if there is a doubt as to whether it exists). Consequently,under current
Washington law, a fire protection district is not authorized to discontinue providing fire
provender' .and suppression services with respectto tax exempt buildingsand structures within
its jurisdiction. While the legislature could enact legislation, authorizing a statutory exception for
certain typs of property, it has not yet done so.3
2 RCW 52.02.060 permits the county legislative authority to exclude specific land from the fire preteetten
district as part of the petition and hearing prices creating the dIstriat. But that statute only addresses the
initial formation of the district. After formation, territory eon only be withdrawn from the district as provided la
RCW 5104.056 or RCW 52.03,01 t.
Such legislation could potentially raise constitutional questions and would therefore need to be corefltily
oonsidercd, I have not analrad the oonstitutional ramifications of a statute that would outwit') fax exempt property
fimn the fire prevention and stippression obligations of a tiro protection district because no such legislation is
ATTORNEY GENERAL OF WASH1NGRN
The Honorable Bruce Chandler
The honorable David Taylor
September 14, 2015
Page 4
Your letter raises a number of potential arguments as to whether District 5 has a
constitutional obligirition to serve the properties at 10114) here, bat given my conclusion that it has
a statutory obligation to do so, it is unnecessary to reach those constitutional arguments.
Although 1 conclude that the action suggested by .District 5 is not lawful because the
District lacks statatay authority to discontinue its lire suppression services with vespcet
certain tax ,exempt properly located within the boundaries,. the District may have other arenas to
help reduce or eliminate the harm it faces from providing serViCCS with respect to tax exempt
property. For instance„ RCW 5230..080 authorizes the, District to contract with the Yakama
Nation for reasonable compensation associated with services provided an exempt tribal land,
RCW 52,12,0343) also authorize the 'District to enter into contracts to "consolidate, provide, or
cooperate fbet fire prevention and suppression purposes, The District could also consider
withdrawing areas from its boundaries under RCW 52,04.056or RCW :52.08,011. Finally, the
District could. seek legislation designed to solve, or at least improve, the firainchil or equitable
problems associated with. providing services on tax exempt land. There are, no doubt, policy and
political considerations :associated with these and other potential solutions. My point is simply
that current law provides some 'options' that District 5 may consider Short of allowing tax exempt
tribal -owned property to bum.
2. Absent :rin agreement with n federally recognized Indian Tribe whereby the Tribe
compensates a fire protection district far fire suppression services performed on tax
exempt 'tribal commercial property, does providing such services :constitute on
improper gift of public funds or otherwise violate Washington law?
Article Vill, section 7 of tho Washington Constitution provides in part that "[tilt) county,
city„ town or other municipal corporation shall hereafter give, any money, or property, or loan its
money, or credit to or in aid of any Individual, association,. company or corporation, except :for
the necessary support of the poor and infirm[,}" Article VIII, section 5 provides a similar
limitation prohibiting the state from indidng gifts of public property or ,loatoing its credit to
private persons. "Although these two provisions are worded slightly differently . . they have
identical meaning, as well as the same prohibitions and exceptions." CLEAN.v. State, 1.30 Wn,2d
782, 797, 928 P,2d 1054 (1996).
The purpose of these constitutional provisions is to prevent state or Meal government
funds :from being .used to benefit private interests when the public interest is not being served. Id.
(citing Japan Li,w, Ltd v: AleCaffive, 88 Wit2d 93, 98, 558 P,2d 211 (1997)). An expenditure
serves the public interest "when it confers a benefit of reasonably general character to a
currently proposed. The Attorney Oentrol"R Office would, of course,, provide a carethl ly researched legal analysis of
ouch proposed legiatation [flaked.
ATTORNEY GENERAL or WASHINGTON
The Honorable Bruce Chandler
The Honorable David Taylor
September 14, 2015
Page 5
significant pad of the public." In re Marriage qf Johnson, 96 Wrt,2d 255, 258, 634 P.2d
877 (1981).
The Washington &Feriae Court Ims set out a two-part analysis to determine Whether an
expenditureconstitutes. a gift of public funds If the government expends binds to carry out a
fundamental governmental purpose, no unconstitutional gift occurs. If the expenditures aro
pursuant to the govenunent's proprietary authority, the court focuses on consideration .anci
donative intent to determine if a gift has occurred." Citizens Ar Clean Alr v. (]iv qf Spokane,
114 Wn,2d 20, 39, 785 P.2d 447 (1990) (citation omitted) (citing City qf Them, v. Trowayers of
Tacoma, 108 Wn,2d 679, 702., 743 P.2d 793 (1987)); sea also CLEAN, 130 Wil.2d at 797.98.
Recognized governmental functions are excluded from the reach of article VIII, sections 5 and 7
in part because "Who public benefit achieved from such activities is the 'considerationfor the
funds expended." In re Marriage cif 96 Wtx,2d at 262,
Fire pmteetion is a fundamental government function. Stiefel v.. City of Kent, 132 Wu,
App. 523, 529-30, 132 P.3d 1111 (2006); see generally Okeson v, City of Seattle, 150 Wn.2d
540, 550, 78 P.3d 1279 (2003) (describing test used to distinguish governmental functions from
proprietary functions). In fitct, fire protection "constitutes one of the oldest functions of
American local government," and "it is the duty of municipalities to adopt proper and reasonable
regulations for the protection of the lives and , , , property" against the danger of fire, 7A Eugene
MeQullin„ The Lan of Municipal Corpeations § 24:457 (3d ed. 2008). Fire protection districts
are formed specifically to provide this governmental function within the prescribed boundaries of
the district. Thus, while I cannot predict with emit inty what a court would hold if faced with this
question, the case law clearly supports the conclusion that expenditures relating to fire
prevention and suppression services directly relate to a fimdamental government purpose., See
AGO 2006 No. 12, at n.2 (same conclusion with respect to supplying housing to low and
moderate Mecum people). Consequently, there is no unconstitutional gift of public innds,
Finally, providing fire protection with respect to tax exempt buildings and struettiren
owned by, or in trust for, the Yakarna Nation or its members does not appear to violate any other
Your opinion request letter refers specifically to RCW 43,09,210, whieh establishes
accounting requirements for local governments and provides in part that "(a111 service rendered
by, or property transferred from, one department, public improvement, undertaking, institution,
or public service industry to another, shall be paid for at its true and full value by the department
. . receiving the same[.]" That statute does not apply to the circumstances presented here
because neither the federal government nor the Yukama Nation is a "department" or similar
government instrumentality within the meaning of that sham°. Cf: State v. Grays Harbor County,
98 Wn,2d 606, 610, 656 P.2d 1084 (1983) ("department" as used in RCW 43,09,210 means
ATTORNEY GENERAL OF WASHINGTON
The Honorable Bruce Chandler
The Honorable David Taylor
September 14, 2015
rage 6
departments of local and state government .4 Thu8, there nr iio "services rendered" by one local
or state department to another.
Moreover, the, statutory phrase "services rendered by, or property transferred to" a
government instrumentality likely refers, to proprietary functions ofa local government, such as
providing electrical utility services to customers,selling surplus property, or similar transactions
where the goverment entity would charge non -governmental purchasers for the sane service or
property. The phrase likely does not refer to fundamental govermnental functions such as police
protection, fire proteetion, oiid sanitation services, provided for the eommon good of all.
Otherwise„ a city would be required to pay for county or state pollee protection of city buildings.
While I have found no court opinion addressing the meaning of "service rendered . . , or
property transferred" as used in RCW 43.09.210, a court would likely construe the statute in a
manor that is consistent with its underlying purpose and that avoid unreasonable or absurd
results. (frays Harbor County, 9 Wn.2d at 607 (when construing a statute, colitis strive to
"ascertain and give effect to the intent and purpose of the Legislature"); Kilian v. Atkinson, 147
Wn.2d 16, 21, 50 P.3d 638 (2002) (courts strive to "avoid constructions that yield unlikely,
absurd or strained consequenees"). In light of these general titles of construction, it is unlikely
that a court would conclude that a Ile protection district is prohibited by RCW 43.09,210 from
providing fire protection and suppression services to another government instrumentality without
requiring payment for the "true and NH value" of the services perfbrmed. This is particularly -So
in light of the express duty of flit protection districts to provide fire prevention and suppression
services to unincorporated areas within its boundaries. RCW 52.02.020(1).
I hope the foregoing information will prove usefid. This is an informal opinion and \vitt
not be published as an official Attorney :General Opinion.
Sincerely,
4'1
CHARUS ESKY
Assistant 'Afttorney GIiiraJ
(360) 586-0756
't The Court In G',a flarbor County did not specifically address whether the term "department" also
includes the federal government or Italian Tribes. Rut the Court'Nikalysis suggests that the legistature Intended the
lean to refer only to state and local government Instrumentalities.
SQUAXIN ISLAND TRIBE
April 23,2026
Board of Mason County Commissioners
411 N 5th Street
Shelton,WA 98584
Via Email -msmith@masoncountywa.g0v
COMMENT re Public Hearing 4/28/2026 —Withdrawal of Territory by South Mason
Fire &Rescue
Commissioners:
These comments are submitted on behalf of the Squaxin Island Tribe in response t0 the request by
Fire District No.4 to remove the Tribe from the District.The Tribe urges you to record a finding
of fact that this withdrawal is not to the benefit of the Tribe.
The District’s actions are unlawful.That is because,among other things,federal caselaw states
the removal.of tax-exempt federal property to compel payment is an unconstitutional act of
taxation.
District leadership has created a false narrative that the Tribe has refused t0 pay its share,
contributes nothing,and has refused to respond to District concerns.Nothing could be further
from the truth.
The Tribe considers the firefighters and front-line responders ofthe District heroes.It understands
and sympathizes with the challenges ofproviding Vital government services with a limited budget.
That is why the Tribe has operated under an interlocal agreement since 2006,approved by both
the Tribe and the Distn'ct.That agreement calls for the Tribe to supply a fire station and provides
multiple mechanisms for the District to trigger negotiations and gain additional payment.Under
the existing agreement,today,the District has the right to demand arbitration and compel
renegotiation of an enforceable fair contribution for services.Despite that,it has selected a path
that puts lives and property at risk.
The Tribe has honored its commitment to negotiate in good faith and made multiple offers in
negotiation.It has agreed in principle to a new compensation amount and a substantial capital
contribution towards renovations at the local fire station.Despite this,the District appears
determined to proceed to withdrawal.
Withdrawal is NOT in the Tribe’s best interests.The Tribe’s properties are the only ones named
in the withdrawal petitions.It is hard to comprehend how the District could reasonably conclude
SQUAXIN ISLAND TRIBE /10 S.E.Squaxin Lane /Shelton,WA 98584 /Phone (360)426-9781
Fax (360)426-6577 www.3quaxinisland.otg
the Tribe would be better off with withdrawal when the Tribe,the only affected landholder,has
stated directly and repeatedly that it would be worse off.
The Tribe’s economic development ventures,which provide employment to numerous Mason
County citizens,the Tribe’s childcare center,museum,low-income housing,after—school
programming,and child welfare offices,among other programs,would all be put at risk by
withdrawal.The Tribe does not have the training or resources to create a fire department.Tribal
properties are located directly in the middle of the District,meaning looking to other districts for
help would be inefficient and unfeasible.Neither option is desirable or contingent on Withdrawal.
Consequently,Withdrawal does not benefit the Tribe.
Further,the Tribe does not believe that Withdrawal will benefit the remainder of the District.The
Tribe meets its current obligations under an interlocal agreement and is prepared to pay increased
compensation to the District.The Tribe is prepared (and presently obligated)to make its
contributions by voluntary agreement While staying in the District.And the existing interlocal
agreement gives the District the power to compel fair reimbursement.Therefore,the Tribe is not
a strain on resources.Selectively removing tribal properties from the middle of the District is to
the detriment of the remaining properties.Unprotected and unchecked fires in the middle of the
District are to no one’s benefit,and a patchwork of protection can only increase the chance of
delay and confusion in response.
Finally,by removing the Tribe from the District,the Tribe and the District both lose access to state
mobilization resources.If the Tribe is in the District,the District can request state-funded
mobilization in the event of a long-term,resource draining catastrophic event.When the Tribe is
prepared to pay for services under an enforceable contract,what benefit is there in turning aWay
potential resources?
Thank you for your consideration.The Tribe respectfully requests that you record a finding of
fact that the Tribe will not benefit from Withdrawal.
Sincerely,
“WWW“
”W”“W
”flux
”KM!“”If”?M”
My“a».“uwmnmmwm-u-
,9»if“...Wflw K WW
;.W’“Mg
...//
Kris Peters,Chairman
SquaXin Island Tribe
ATTENDANCE ROSTER
LOCATION
Commission Chambers
CITY, STATE
w d
F
o
wc'"
0
MEETING
zz
0
fzi 0
0
z
N M "et in
cZt
tr
S
r
;1_
,.7,
r.'(?
V J
ci
N o
o
M Z
\ 7,
4'.' ..5 0
3 ‘ t..1)
• ^--%
0
0
k.
0 \.'S \ —
o
\TA1) i
ATTENDANCE ROSTER
LOCATION
w
H
MEETING
Commission Chambers
VD
00
CITY, STATE
cd
AW
Z
0
Z
0
'eY kr)
b
- N M
---1 .-1 —
*Attendance rosters are subject to the Public Records Act; RCW 42,56