department: support services action agenda 4.1.1 almanzar ...€¦ · october 27, 2015 no. 4.1...

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: l. Almanzar Ext. 589

DEPARTMENT: Support Services Action Agenda

DATE:

ITEM:

4.1.1

4.1.2 4.1.3 4.1.4

4.1.5 4.1.6

October 27, 2015 No. 4.1

Correspondence

Liquor Control Board sent a special occasion license application for Grapeview Equine Rescue. The Veterans Advisory Board submitted their annual report. The Teamsters sent notice of contract opening. Dennis Robinson sent a noise complaint regarding the shooting range at the Corrections Center. Robert France sent a letter of concern regarding Pickering Passage. Jeff Cizek sent a letter regarding the speed limit on E. North Bay Road.

Background: Correspondence received in the Commissioners' office.

Recommended Action: None

Attachments: Originals on file with the Clerk of the Board.

10-27-2015 Correspondence Cover Sheet.doc

cc: CMMRS Neatherlin. Sheldon & Jeffre','S

Clerk

WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - PO Box 43075

Olympia WA 98504-3075

TO: MASON COUNTY COMMISSIONERS October 12, 2015

SPECIAL OCCASION #: 093632 '· ·~\ ·: ,_··-· ·,_ :

SUNRISE EQUINE RESCUE 401 E MASON BENSON RD GRAPEVIEW WA 98546

DATE: NOVEMBER 7, 2015

ii\ (i

TIME: 5 PM TO 10 PM

PLACE: GRAPEVIEW FIRE HALL (HORTON COMMUNITY CENTER) - 4350 GRAPEVIEW LOOP RD, GRAPEVIEW

CONTACT: SHEILA CHRISTIANSEN [DOB 11.26.62] 360-340-8439

SPECIAL OCCASION LICENSES

* Licenses to sell beer on a specified date for consumption at a specific place.

* License to sell wine on a specific date for consumption at a specific place.

* Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption.

* Spirituous liquor by the individual glass for consumption at a specific place.

If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise.

1. Do you approve of applicant? 2. Do you approve of location? 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken?

OPTIONAL CHECK LIST EXPLANATION LAW ENFORCEMENT HEALTH & SANITATION FIRE, BUILDING, ZONING OTHER:

YES YES

YES

YES YES YES YES YES

If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based.

NO NO

NO

NO NO NO NO NO

DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE

STATE OF WASHINGTON

cc: CM MRS Neatherlin, Sheldon & Jeffreys

Clerk

MASON COUNTY VETERANS' ADVISORY BOARD To: Mason County Com~m·s · , From: Ron Berg-Chair/V Subject: VAB Annual Repor - 2014-15 Date: Oct. 14, 2015

Annual Report As per our Operating Policy, (IX-c) the Chair is required to submit an annual report containing the following topics;

1.) Number of requests for assistance received during the calendar year: a.)Veterans Assistance Fund: 301 b.) Information & Referral: 438 c.) Inmates: 66

2.) Number of requests for assistance for which assistance was given: - 186 received assistance - Of the 301 that requested assistance, 61.8% did get assistance

3.) Number of requests for assistance for which assistance was not

given, and a narrative description of the reason assistance was not provided: - 115 did not get assistance - There was a number of reasons why assistance was not given;

over the income limit, missing or bad information, could not meet their needs, do not meet some of the requirements

4.) Total dollar value of assistance provided on a monthly basis: Oct.: $2,498.35 Apr.: $8,813.44 Nov.: $2,277.60 May: $7,444.33 Dec.: $3,854.74 Jun.: $2,677.34 Jan.: $8,322.29 Jul.: $6,582.43 Feb.: $4,147.32 Aug.: $4,067.14 Mar.: $4,379.02 Sep.: $5,040.57

Total Amount of Fund Used: $60,105.27

5.) A narrative description of activities by the VAB: a.) Assistance Fund increase;

As Chair of the Board (with all members approval) a request was sent foreword to the Mason County Commissioners to raise the limit of cash awarded to eligible veterans from six hundred ($600.00) dollars to eight hundred ($800.00) dollars per year. At their meeting in February, the Commissioners did approve it.

b.) Changes and Additions to Operating Policy; As per our Operating Policy and By-Laws, the Board is required annually to review the Operating Policy. After much input from our Veterans Service Officers, Board members, and outside input; and with review of Post Commanders, a number of changes and additions came foreword to help clarify and to give a better understanding to areas of the policy. These changes and additions were sent on to the Mason County Commissioners for their approval. At their meeting in June, the Commissioners did approve them.

c.) Mason County Veterans web site; During the year the VAB completed the project to coordinate the Mason County Veterans web site with the Washington State Veterans web site. The system is now in place to timely coordinate all changes to the Mason County site to the State web site.

d.) VAB information rack card; The VAB also completed the design and distribution of a Veterans' Assistance Fund informational rack card that will be placed throughout the County. The purpose of the card is to publicize the resources and contacts available for Mason County veterans and their families. Procedures are in place to up date the card as needed.

6.) Meeting minutes as an attachment: - See attachments.

7.) A copy of appeals as an attachment: - To date: One letter of appeal came before the board this year. The

applicant was found in violation of Policy VI-a, and was placed on a two year (2) probationary wait period.

Note; I have also attached a copy of goals for 2015-16

®~· ·


Clerk

CHAUFFEURS, TEAMSTERS & HELPERS UNION LOCAL NO. 252

Affiliated with the International Brotherhood of Teamsters

Main Office 217 East Main Street, Centralia , WA 98531 Olympia Branch 119Yz N. Capitol Way, Olympia, WA 98501

DARREN L. O'NEIL, SECRETARY-TREASURER

(360) 736-9979 (360) 943-1950

Fax (360) 330-0377 Fax (360) 754-7844

j&©&DW&@

October 14, 2015

_ OCT 2 O Zl115 ~1

MASONcou COMMISSION~"/;f

Sent by Certified Mail# 7015 1730 0001 1460 0686 Return Receipt Requested · · ·

Randy Neatherlin, Chairman Mason County Board of County Commissioners 411 N. 5th St. , Bldg . 1 Shelton, WA 98584

Re: Notice of Contract Opening Collective Bargaining Agreement July 2013 - December 31, 2015 Mason County Appraisers

Dear Chairman Neatherlin:

Pursuant to the terms of our current referenced labor agreement, kindly accept this as sufficient notification of Teamsters Local Union No. 252's, affiliated with the International Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles, appendixes, supplements, addenda and/or letters of understanding.

We will be pleased to meet with you at your earliest convenience. Please contact Business Agent, Rick Engelhart so that we can schedule a mutually acceptable time and location to commence negotiations.

DO:tk

Si;p Darren O'Neil, Sec. Treas. Teamsters Union Local No. 252

cc: PERC - Certified #7015 1730 0001 1460 0693 FMCS - Online Confirmation ID: 1f-d.3 5 9 .'.2. ;i.Tim Sheldon, Commissioner Terri Jeffries, Commissioner Rick Englehart, Business Agent William Kinney

In the Counties of Grays Harbor, Lewis, Mason, Thurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean.



Main Office 217 East Main Street, Centralia, WA 98531 Olympia Branch 119/'2 N . Capitol Way, Olympia, WA 98501

(360) 736-9979 (360) 9 -1950

Fax (360) 330-0377 Fax (360) 754-7844


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@: 0 WL~ Im OCT 2 O 2.'JJS &

October 14, 2015

MASON COUNTY COMMISSIONERS

Sent by Certified Mail# 7015 1730 0001 1460 0761 Return Receipt Requested · · · ·

Randy Neatherlin, Chairman Mason County Board of County Commissionars 411 N. 5th St., Bldg. 1 Shelton, WA 98584

Re: Notice of Contract Opening - Mason County (Probation) Collective Bargaining Agreement July 2013 thru December 31 , 2015




'

Darren O'Neil, Sec. Treas. Teamsters Union Local No. 252

DO/tk

cc: PERC - Certified #7015 1730 0001 1460 0785 FMCS - Online Confirmation ID: 1/d.359~4 Terri Jeffires, Commissioner Tim Sheldon, Commissioner Victoria C. Meadows, District Court Judge Rick Engelhart, Business Agent William Kinney

In the Counties of Grays Harbor, Lewis, Mason, Thurston and that portion of Pacific County north of a straigh t line made by extending the nor th boundary line of Wah kiakum County west to the Pacific Oce<in.

CHAUFFEURS, TEAMSTERS & HELPERS UNION LOCAL N 0. 252


Main Office 217 East Main Street, Centralia, WA 98531 Olympia Branch 119/'2 N . Capi tol Way, Olympia, WA 98501

(360) 736-9979 (360) 943-1950

Fax (360) 330-0377 Fax (360) 754-7844


®~41 m [g © rn, o_~ ~ ~

OCT 2 u t: .;:,J ~

October 9, 2015 MASON COUNTY COMMISSION ER~~

Sent by Certified Mail# 7015 1730 0001 1460 0709 Return Receipt Requested ·

Randy Neatherlin, Chairman Mason County Board of County Commissioners 411 N. 5th St., Bldg. 1 Shelton, WA 98584

Re: Notice of Contract Opening - Mason County (General Services) Collective Bargaining Agreement - July 2013 - December 31, 2015




DO:tk

s~ Darren O'Neil, Sec. Treas. Teamsters Union Local No. 252

cc: PERC - Certified #7015 1730 0001 1460 0716 FMCS - Online Confirmation ID: <J;;i, ~S?.:i..f;>' Terri Jeffries, Commissioner Tim Sheldon, Commissioner Rick Engelhart, Business Agent William Kinney

Jn the Counties of Grays Harbor, Lewis, Mason, Thurston and that portion of Pacific County north of a straight li ne made by extending the north boundary line of Wahkiaku m Coun ty west to the Pacific Ocean.


@~41


Main Office 217 East Main Street, Centralia, WA 98531 Olympia Branch 119Y, N . Capitol Way, Olympia, WA 98501

D ARREN L. O'NEIL, S ECRETA RY-TREASURER

(360) 736-9979 (360) 943-1950

Fax (360) 330-0377 Fax (360) 754-7844

MASON COUNT"" COMMISSIONl?R ~i

October 14, 2015

Sent by Certified Mail# 7015 1730 0001 1460 0792 Return Receipt Requested · ·

Randy Neatherlin, Chairman Mason County Beard of County Commissioners

th 411N. 5 St., Bldg. 1 . Shelton, WA 98584

Re: Notice of Contract Opening - Mason County (Public Works) (Maintenance and E.R. & R. Divisions) Collective Bargaining Agreement - 7-2013 - 12-31-2015




DO:tk

cc: PERC - Certified #7015 1730 0001 1460 0808 FMCS -Online Confirmation ID: L.) .:i.359;;..,(p Terri Jeffries, Commissioner Tim Sheldon-Commissioner Rick Engelhart, Business Agent William Kinney

In the Counties of Grays Harbor, Lewis, Mason, Thurston and that portion of Pacific County north of a straight line m~de by extending the north boundary line of Wahkiakum County west to the Pacific Ocean.



Main Office 217 East Main Street, Centralia, WA 98531 Olympia Branch 1190 N . Capitol Way, Olympia, WA 98501

(360) 736-9979 (360) 943-1950

Fax (360) 330-0377 Fax (360) 754-7844


m~~~UQ7; ~~ ®~41

October 14, 2015

MASON COUNT\' COMMISSI0"-1;::pc:

Sent by Certified Mail# 7015 1730 0001 1460 0723 Return Receipt Requested · · · · · ·

Randy Neatherlin, Chairman Mason County Board of County Commissioners

th 411 N. 5 St., Bldg. 1 Shelton, WA 98584

Re: Notice of Contract Opening - Mason County (Juvenile Detention) Collective Bargaining Agreement - July 2013 - December 31, 2015




DO:tk

Darren O'Neil, Sec. Treas. Teamsters Union Local No. 252

cc: PERC - Certified #7015 064 0004 3925 9720 FMCS - Online Confirmation ID: 4.;;._359c:<_ 3 Tim Sheldon, Commissioner Terri Jeffries, Commissioner Toni Sheldon, Superior Court Judge Victoria Meadows, District Court Judge Rick Engelhart, Business Agent William Kinney

[n the Counties of Grays Harbor, Lewis, Mason, Thurston and that portion of Pacific County north of a straigh t line made by extend ing the north bounda ry line of Wahkiakum County west to the Pacific Ocean .

From: To: Date:

<[email protected]> <tims@co. mason .wa. us> 10/13/2015 8:45 PM

cc: CM MRS Neatherlin, Shefdon & Jeffreys

Cf erk we...

Subject: Question Received from the Mason County Website -

Frorn: dennls robinson Dept Sent To: Commissioner Dist 2 Message: The constant shooting at the prison range day and night really needs to be stopped, every day they are shooting and most evenings at dinner time and later, it is almost 9:00 pm and it is still going,it is a bunch of b.s~

[ (10/12/2015) Diane Zoren - Question Received from the Mason County Web"'.t(M-M . Page 1 I cc. RS Neatherlm, Sheldon & Jeffreys +.-. - ;'.I');:/ Clerk ~'(tr Vi ~

._e_-~

From: To: Date: Subject:

<[email protected]> <[email protected]> 10/12/2015 11 :29 AM Question Received from the Mason County Website -

From: Robert France Dept Sent To: Commissioners Staff Message: This is a message that I sent to the State of Washington concerning negligence of duty of Mason County Officials.

Dear Department of Ecology,

My name is Robert France, and I'm a prospective buyer of the property located at 5141 E. Pickering Road, Shelton, Washington. The neighbor that owns the property next door (5091 E. Pickering Road) is violating several county and state laws. I've contacted Mason County Environmental Health Specialist Cindy Waite, and Mason County Control Officer Cindy Brewer, from the Sheriffs department about the concerns , with no effect. Here's the issues:

1. Sewage waste being directed into the ground from three trailers and one motorhome. These are plumbed directly into the ground . This property sits on approximately 200' of tidelands. Plus everyone has their own private wells. I'm afraid of contamination of the ground water and run off into the sound. Ms. Waite was unconcerned and would not investigate this matter. She said that since the owners had just put in a new 4 bedroom septic tank, this should be sufficient. However, the house has 4 bedrooms, not including the trailers; which are disposing of their waste directly into the ground . I'm sure this is zoned for a single family residence, not multi-family.

2. These owners are running an illegal breeding business for German Shepherd dogs; no license, registration, tax ID. There are nearly 2 dozen dogs in chain link kennels behind the house. The fecal matter and urine is running into the ground water and the sound.

3. The nearly non-stop barking from these dogs has created a health issue with neighbors on both sides of their property, and nearly a quarter mile on each side. Ms. Brewer told me personally that she would not intervene or enforce the county's regulations.

As you can surmise, there are many law-abiding, tax paying residents who live on waterfront on Pickering Passage that are fed up. If the county won't enforce the laws, maybe the state can intervene. I intend on purchasing th is property IF I can be assured that these issues will be pursued by the proper authorities. I am also contacting the Squaxin Indian Tribe as this would probably be of great interest to them. Please forward this email to all appropriate agencies.

Sincerely , Robert France 4416 30th Street N. E. Tacoma, WA 98422 206-799-6906

Diane Zaren - 5091 E Road, Shelton

From: Debbie Riley To: CC:

Diane Zaren; Susan (ECY) Baxter; [email protected] Cindy Waite; Marc Lacasse; Vicki Kirkpatrick

Date: 10/12/2015 5:01 PM Subject: 5091 E Pickering Road, Shelton

We received the forwarded email from the "question received from the Mason County website" and the ERTS from the State Department of Ecology within minutes of each other so I am responding to everyone in this one email. I spoke with Cindy Waite from our Onsite Sewage program after I had reviewed the electronic files for the property. Cindy confirmed that a new onsite sewage system was installed on 6/17 /15 at this property just as the records indicate. We confirmed with the installer, by phone, that an RV/trailer dump had been installed as a part of the new onsite system. The recreational vehicles are not lived in full time; people come out from time to time to recreate and use the trailer dump at that time.

Cindy called Nancy Frye in my presence to get the facts from her as the owner of the property in question. When asked about the dogs, Nancy indicated that they had 6 adults and 4 puppies at the current time. She also told us that she double bags the dog feces and disposes of it in the trash. This is our preferred method of pet waste disposal.

Nancy invited a public health representative out to the property to look around. We will stop by and walk the property during a future trip into that area. The septic system is working as designed at this time.

Mason County Public Health does not have the authority to implement zoning rules or regulations, If there are questions about allowable land uses in that area Mr. French should contact Barbara Adkins or one of the Planners at Mason County Department of Community Development.

The Animal Control Officer has the authority to enforce the dog complaints and probably the nuisance caused by the barking dogs. This concern would need to go back to Officer Brewer or to Sheriff Salisbury.

The sewage from the home and occasional use of the RVs is being treated by an onsite sewage system to protect the surface and ground water at the site and in the passage. The dog feces are being disposed of as per our recommendations. We will keep an eye on the situation when we are in the area and supply Mr. & Mrs. Frye with public health technical expertise or best management practices as appropriate. Debbie

Debbie Riley, RS Environmental Health Manager Mason County Public Health PO Box 1666 Shelton, WA 98584

(360) 427-9670 ext 358 FAX (360) 427-8442 [email protected]

Always working for a safer and healthier Mason County Like us on

[T16T1--3i2015) Diane Zo~~~-~ Re: 5091 E Pickering Road, Sh~l __ t_o_n ____ _

From: To: CC: Date: Subject: Attachments:

Debbie,

Bob France <[email protected]> Debbie Riley <[email protected]> Diane Zoren <[email protected]>, "Susan (ECY) Baxter" <[email protected] ... 10/12/2015 8:46 PM Re: 5091 E Pickering Road, Shelton Part.002

Thank you very much for your speedy response to these issues. I also appreciate the information you gathered today. I must admit that I still wonder why the neighbors, and owner of the property that I'd like

to purchase, are so angry and dismayed by the lack of enforcement and concern by the county. All of these people have been complaining for years without any assistance. This is a serious health and community problem that needs to be solved; not just ignored. I would recommend, and insist if I buy the property, that the Frye's come into compliance with the dog nuisance issue. If the Mason County Sheriffs

departments enforcement officer won't enforce the laws, I would recommend hiring someone that would. Than you very much for the time. Sincerely, Bob France

----- Original Message -----

From: "Debbie Riley" <[email protected]> To: "Diane Zoren" <[email protected]>, "Susan (ECY) Baxter" <[email protected]>, [email protected] Cc: "Cindy Waite" <[email protected]>, "Marc Lacasse" <[email protected]>, "Vicki Kirkpatrick" <VickiK@co. mason. wa. us> Sent: Monday, October 12, 2015 5:01:11 PM Subject: 5091 E Pickering Road, Shelton

We received the forwarded email from the "question received from the Mason County website" and the ERTS from the State Department of Ecology within minutes of each other so I am responding to everyone in this one email. I spoke with Cindy Waite from our Onsite Sewage program after I had reviewed the electronic files for the property. Cindy confirmed that a new onsite sewage system was installed on 6/17/15 at this property just as the records indicate. We confirmed with the installer, by phone, that an RV/trailer dump had been installed as a part of the new onsite system. The recreational vehicles are not lived in full time; people come out from time to time to recreate and use the trailer dump at that time. Cindy called Nancy Frye in my presence to get the facts from her as the owner of the property in question. When asked about the dogs, Nancy indicated that they had 6 adults and 4 puppies at the current time. She also told us that she double bags the dog feces and disposes of it in the trash. This is our preferred method of pet waste disposal. Nancy invited a public health representative out to the property to look around. We will stop by and walk the property during a future trip into that area. The septic system is working as designed at this time. Mason County Public Health does not have the authority to implement zoning rules or regulations, If there

are questions about allowable land uses in that area Mr. French should contact Barbara Adkins or one of the Planners at Mason County Department of Community Development. The Animal Control Officer has the authority to enforce the dog complaints and probably the nuisance caused by the barking dogs. This concern would need to go back to Officer Brewer or to Sheriff Salisbury.

The sewage from the home and occasional use of the RVs is being treated by an onsite sewage system

to protect the surface and ground water at the site and in the passage. The dog feces are being disposed of as per our recommendations. We will keep an eye on the situation when we are in the area and supply

Mr. & Mrs. Frye with public health technical expertise or best management practices as appropriate. Debbie Debbie Riley, RS Environmental Health Manager Mason County Public Health PO Box 1666

Page 1 I

I (10/19/2015) Tim Sheldon - Questior:i~.S:~!Y.E~_~Lfr-_e>_fI.lJ~_e rviJason County Website - ..


clerk PiftXV/ ffu;rHfll~ ~lv\£U~~0: .1.J,,iA . . f"'l vrct(V.Jt. r \.

From: <[email protected]>

00[§@[§0\Vll§ ~ OCT 1 9 2015 l!!)

To: <[email protected]> MASON COUNTY Date: 10/18/2015 1:39 PM COMMISSIONERS Subject: Question Received from the Mason County Website -

From: Jeffrey Cizek Dept Sent To: Commissioner Dist 2 Message: To Whom It May Concern,

I contacted Mason County Public Works two to three months ago to request an adjustment to the speed limit on E North Bay Road just north of its junction with State Highway 3. The speed limit coming out of Allyn is 35 mph for approximately one quarter mile at which time it increases to 50 mph . The speed limit transition occurs just past my house at 200 E North Bay Road. A large percentage of the vehicles heading northbound out of Allyn begin accelerating as soon as they get on E North Bay Road and they are at 50 mph or greater before they ever reach my house and the higher speed limit. A large percentage of the vehicles heading southbound into Allyn on E North Bay Road are still going 50 mph or greater as they go past my house and they do not decelerate until they get close to the junction with State Highway 3. I have lived in my house for two and a half years and have not seen any speed enforcement on this section of E North Bay Road. The Mason County Sherriff could eas ily tick et dozens of vehicles each day but they would need to be there to be able to do that. I provided information to a Mason County employee on the phone who indicated I was the second individual to contact them regarding the speed limit on this stretch of road. The employee stated the request would be investigated by someone from the county but the investigation had yet to begin. The other individual who had requested a speed limit reduction was the operator of North Bay Marijuana at 211 E North Bay Road. This individual recently contacted Mason County Public Works and was told that the speed limit reduction required further study. It does not appear Mason County is putting any priority on this speed limit reduction request.

There have been two accidents on this one quarter mile stretch of E North Bay Road over the past three months. The first accident involved a truck leaving Allyn which left the roadway and struck a telephone pole just beyond the corner of my property. The truck caught fire which nearly spread to my fence and grass/brush in front of my house. The telephone pole is the only reason the truck did not come on my property. The driver was fortunately uninjured. The second accident occurred two days ago and it was directly in front of my house. A car exited North Bay Marijuana and pulled out directly in front of a semi-truck and trailer heading southbound toward Allyn . The truck attempted to stop but struck the front end of the car. The truck nearly jackknifed as its brakes were locked up but the driver was able to regain control. Although the car was totaled, the driver was uninjured. If the truck had jackknifed, it would have likely come on my property. Turning traffic ha s increa sed significantly with the opening of North Bay Marijuana. Although there has only been two accidents,

there has been numerous near misses with respect to rear end collisions. Drivers frequently slow down from 50 mph to turn into the business while vehicles behind them do not slow down at all.

When I previously contacted Mason County Public Works, I told the employee it was just a matter of when (not if) there would be a fatality from a vehicle accident on this stretch of E North Bay Road. Fortunately, the two accidents that have occurred to date have not resulted in a fatality but either of them could have ended with that result. I strongly suggest the speed limit be reduced sooner rather than later. Mason County Public Works needs to place a higher priority on this study. If myself or any member of my family is involved in an accident on this stretch of E North Bay Road and the accident is attributed speed, Mason County will definitely be contacted. However, that contact will be made by my attorney and the cost to the county will be much greater than that associated with a study and speed limit reduction . Thank you for your prompt attention in this matter.

. F>age 1 JI

Item 4.2

Jess Mosley Employed with Public Health 15 years Was in Food Program; now in Solid Waste

MASON COUNTY AGENDA ITEM SUMMARY FORM

TO: BOARD OF MASON COUNTY COMMISSIONERS

From: Julie Almanzar

DEPARTMENT: Support Services

DATE: October 27, 2015

BRIEFING DATE:

BRIEFING PRESENTED BY:

Action Agenda _x __ Public Hearing __ Other EXT: 589 - -

Agenda Item # 7 (Commissioner staff to complete)

[ x ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: Minutes from previous meetings.

1. ITEM: September 21 and October 19, 2015 briefing minutes.

RECOMMENDED ACTION: Move to approve the September 21, 2015 and October 19, 2015 briefing minutes.

Attachment(s): Minutes

BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA

Week of September 21, 2015

9:00 A.M. Closed Session - RCW 42.30.140 (4) Labor Discussion Commissioners Neatherlin, Jeffreys and Sheldon met in Closed Session from 9:00 a.m. to 9:30 a.m. with Bill Kenny for a labor discussion.

9:30 A.M. Permit Assistance Center Discussion Commissioners Neatherlin, Jeffreys and Sheldon were in attendance.

• Bill Kenny provided a facilities update including the jail remodel, Mell Chevrolet building which will house the Search and Rescue and provide storage, Building 3 and Building 8 remodel. A Pennit Assistance Center (PAC) will be developed in Building 8, combining Community Development and Public Health.

• Cmmr. Jeffreys stated the review of permit process is an important element of the PAC and she requested this review be done.

• Cmmr. Sheldon talked about the importance of code enforcement. He suggested using the revenues from sale of county real property to increase code enforcement.

• Vicki Kirkpatrick talked about Public Health improvements including meeting with on-site sewer providers, improving forms, placing permits on-line weekly to allow tracking, staff meetings to improve service. On-site sewer permits are complete in about two weeks.

• Discussion of solid waste violations. Vicki stated the ability to enforce solid waste violations is limited. There could be a court-ordered clean up and lien the property ifthe Prosecutor is willing to prosecute. Cooperation of the Sheriffs office is also necessary. The Commissioners requested a joint briefing be scheduled to discuss code enforcement.

• Barbara provided a document explaining improvements made and improvements needed in Building and Planning. Staff collaboration will be an improvement of being located together in one building and the public will not have to go between two buildings.

• Other improvements needed: scan documents as they come in; need an additional permit technician to cover workload, addressing and scanning; Internet access for Building Inspectors in the field (Smart phones); upgrade to 4 wheel drive vehicles. Manage staff assigned to dilemma desk to allow for uninterrupted permit review time.

• Discussion of Building Inspectors and the fact we have not attracted experienced staff. • Genie McFarland provided information for the permit process and when fully staffed and trained,

a typical home permit can be issued in three to four weeks. • Brian Matthews explained Public Works has a small roll for permits if road access, utilities or

storm water are needed. • Cmmr. Jeffreys asked if lack of experienced staff due to lower pay or actual lack of qualified

people available. • Commissioners requested staff provide recommendations with cost to improve the process. They

would also like to pursue on-line permitting.

10: 15 A.M. Department of Community Development - Barbara Adkins Commissioners Neatherlin, Jeffreys and Sheldon were in attendance.

• Barbara provided information for staffing changes. Need to hire a Code Enforcement Officer, a Planner to fill a position that will be vacated. Commissioners would like to consider hiring an additional Permit Tech to relieve the pressure at the front counter. Code Enforcement was again discussed, the importance ofthis function and cooperation with legal staff Barbara suggested a centralized code enforcement office.

10:30 A.M. BREAK

Board of Mason County Commissioners' Briefing Meeting Minutes September 21, 2015

10:45 A.M. Support Services - Bill Kenny Commissioners Neatherlin, Jeffreys and Sheldon were in attendance.

• 4-H Proclamation will be placed on October 6 agenda. • Workers Compensation Retro Program was approved to move forward. • Cmmr. Jeffreys reported she has talked to Community Development and WSU Extension office

about serving as lead for the Voluntary Stewardship Program Discussion. Community Development does not have the capacity to take on this task and the Extension office is not interested in this either. The Conservation District is interested in serving as the lead for the VSP.

• The updated resolution for the Criminal Justice Working Team will be placed on an agenda for adoption.

• Cmmr. Jeffreys talked about the Subcommittee Report on Jail Facilities. There is a recommendation that the county pay for electronic home monitoring (EHM). They discussed pretrial services.

• Cmrnr. Jeffreys stated she attended a CERB meeting and $50,000 was awarded for the feasibility request from EDC. There is a $17,000 match and the recommendation is to pay this from the $500,000 from Commerce.

11 :30 A.M. Public Works - Brian Matthews & Melissa McFadden Utilities & Waste Management - Brian Matthews/Erika Schwender Commissioners Neatherlin, Jeffreys and Sheldon were in attendance.

• Set public hearing for Shorebrook Community Club on October 27. • Discussion of new positions ofER&R Central Stores Specialist and Radio/Up-fit Tech that will

provide efficiencies and will convert two existing FTE's. • Public Works will be assisting for the City of Shelton Lake Boulevard project coordination of

traffic reroute. • Selected Herrera Environmental Consultants for Belfair Stormwater. • Cmmr. Jeffreys brought up the requirements for low impact development for parking lots (LID).

She asked if this is a code requirement that could be removed. Loretta stated Mason County adopted the LID requirement for the UGA's except Shelton UGA. Cmmr. Neatherlin asked staff to look at what it would take to repeal this requirement.

Commissioner Discussion - there was no discussion.

Respectfully submitted,

Diane Zaren, Administrative Services Manager

BOARD OF MASON COUNTY COMMISSIONERS

Randy Neatherlin Chair

Tim Sheldon Commissioner

Terri Jeffreys Commissioner

BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA

Week of October 19, 2015

Monday, October 19, 2015 9:00 AM. Closed Session - RCW 42.30.140 (4) Labor Discussion

Commissioners Neatherlin, Jeffreys and Sheldon met in Closed Sessio.n from 9:00 a.m. to 9:35 a.m. with Bill Kenny and Frank Pinter. Cmmr. Sheldon left the session at 9:20 a.m.

9:30 AM. Support Services - Bill Kenny Commissioners Neatherlin and Jeffreys were in attendance. Commissioner Sheldon was absent.

• Reviewed the revised 2016 budget workshop schedule. Two workshops have been added; afternoon of October 27 and November 2.

• Offer to purchase Shorecrest surplus property was approved to move forward.

• Request for several price reductions of surp !us property was approved.

• Frank provided the status of Anthony Road property tire cleanup. Ecology wants assurance the

County is enforcing tire storage regulations. Frank will check with Solid Waste.

• Veterans' Advisory Board applicants for two at-large positions. Jeff Thompson is requesting reappointment. The Board requested interviews be scheduled for all applicants.

• Frank stated the V AB intends to request an increase for the veteran levy by I% to fund housing for homeless veterans.

• Ross presented the Alert Sense proposal. This will be brought back at a later date.

• September financial statements were reviewed.

• Recruitment proposal from KMAS for radio advertisement of County job openings. Dawn will work with Jerry to come up with the details. Staff is recommending a 4 month trial period at $300 per month. There is no recruitment money budgeted.

• LT AC recommendation for 2016 small event marketing contract. Cmmr. N eatherlin requested additional time to consider the proposal and this will be brought back next week.

• Frank presented a counter offer for Pebbles Court property at $4,300. The Commissioners agreed

to counter at $4,800 as our last and highest offer.

• The Board agreed to move forward a proclamation recognizing the 1985 SHS Football Championship.

10:25 AM. Public Health & Human Services - Vicki Kirkpatrick Commissioners Neatherlin and Jeffreys were in attendance. Commissioner Sheldon was absent.

• Tammey Newton requested the 2015 contracts for the 2060 & 2163 professional services contracts be extended six months in order to request an RFP the first part of the new year. The Board approved moving the contract extensions forward.

• Ben Johnson requested approval of the contract with Shelton High School SADD Club/ASB in an

amount not to exceed $6,000 for a media awareness campaign. There was discussion of how to reach out to the north end of the county.

• Recruitment to fill the solid waste Environmental Health Specialist position that is being vacated

was approved by the Board. • The Commissioners brought up the request of Ecology for assurance for tire disposal. Debbie

Riley explained the current process for tire disposal businesses and she will work with Frank.

• Debbie talked about the LEAN process she learned about at a recent conference and talked to other counties who have gone through the process.

11 :00 AM. Department of Community Development- Barbara Adkins Commissioners Neatherlin and Jeffreys were in attendance. Commissioner Sheldon was absent.

a Discussion of Ken VanBuskirk's email to be considered for the Belfair/Allyn UGA Committee as

a business owner who does business in the Belfair UGA and not an at-large position. The Commissioners asked Barbara to follow-up with Ken to see if he is on the Farmer's Market Board and if they have requested Ken to represent them on this committee.

Board of Mason County Commissioners' Briefing Meeting Minutes

Week of October 19, 2015

11 :20 a.m.

11:45 AM.

BREAK

2:00 P.M.

4:00 P.M.

• Regarding marijuana retailer licenses - Cmmr. Jeffreys does not want to limit the number of

retailers but is willing to limit to UGA's. Concerned that limiting the numbers is not defensible.

Cmmr. Neatherlin would like to discuss with legal staff.

• Cmmr. Jeffreys brought up the issue of grandfathering Forbidden Farms as an outdoor grow.

Would like a pre-defense review from the Risk Pool if outdoor grows were not allowed.

The Board recessed for 25 minutes.

Allyn & Belfair UGA Advisory Committee Interviews Martin Ellis Commissioners Neatherlin and Jeffreys interviewed Martin Ellis for the Allyn and Belfair UGA

Advisory Committee citizen-at-large position. Commissioner Sheldon was absent.

Commissioner Discussion Mason County Journal reporter Andrew Davis questioned Commissioners Neatherlin and Jeffreys

on the Sheriff litter control grant and tipping fees. Andrew questioned where the tipping fees are

paid from. The Board's response was they have been absorbed by Utilities but need to be charged.

Andrew had a copy of the 2013 - 2015 grant signed by the Sheriff.

The Board recessed at 12:37 p.m. to 2 p.m.

2016 Budget Workshop Commissioners Neatherlin and Jeffreys were in attendance. Commissioner Sheldon was absent.

• Support Services 2016 budget requests were reviewed that include Central Operations, Board of

Equalization, Emergency Management, Facilities & Grounds, Human Resources, Information

Technology, Non-Departmental, Parks & Trails, certain Special Funds. Also reviewed was the

Commissioners budget.

• Two staffing requests - Senior Financial Analyst in Central Operations and a Maintenance II for

Facilities & Grounds.

• Frank provided information on what the Senior Financial Analyst would do. Cmmr. Neatherlin

stated he believes the county needs a grant writer.

• Diane relayed Cmmr. Sheldon's request for $1,000 travel for each Commissioner. Cmmr.

Neatherlin stated he supports this however would like to off that to each elected official, if they

have not budgeted for travel.

• Information Technology Department provides support to the Sheriffs office. A MUNIS update is

included in the budget request.

Allyn & Belfair UGA Advisory Committee Interview

Commissioners Neatherlin and Jeffreys interviewed Kelley Mcintosh for the Allyn and Belfair

UGA Advisory Committee citizen-at-large position. Commissioner Sheldon was absent. Ken Van

Buskirk was unavailable for an interview.

Commissioner Discussion - there was no discussion.

Tuesday, October 20, 2015 1 :30 P.M. 2016 Budget Workshop

Commissioners Neathe!'lin and Jeffreys were in attendance. Commissioner Sheldon

was absent. " Treasurer Lisa Frazier presented information on her 2016 budget. The banking fees have

increased significantly. Lisa has no staffing requests. If there was money available, Lisa would

like the front office remodeled and move her Courthouse basement storage.

.. Discussion of potential sales tax increase - budgeted at $4.2M from $3 .9M. This may be adjusted

later in the year.

Board of Mason County Commissioners' Briefing Meeting Minutes Week of October 19, 2015

• Letter dated July 2015 reported that DNR estimates 2016 timber trust tax to be $2.8M with a 50%

reliability. Frank suggested we budget for half ofDNR's estimated amount. Lisa pointed out she does distribute this tax to all the taxing districts.

• City/County Assistance budgeted at $750K and it's estimated to be $783,000.

• Cmmr. Jeffreys asked if any retail marijuana revenue has been budgeted. Lisa stated she is unsure

how much is being paid, it is not coded but it could be searched by name. Received $1,800 at the end of September titled Criminal Justice Marijuana Enforcement money and was deposited in Current Expense. She intends to add $5,500 to the 2016 revenues.

• Add $30,000 to liquor excise tax. • Add $420,000 to Roads for county portion of new sales tax added to gas tax.

• Road Diversion was talked about. In 2015 the Sheriff budgeted at $1.2M but the levy was set at

$ l .5M. It is budgeted at$ l .2M for 2016. Need to budget an amount that will be paid back to

Roads once the actual amount is known. • Cmmr. Jeffreys brought up the Clark County model of combined services county for Auditor,

Assessor and Treasurer. There was discussion of this concept and the Commissioners asked the Treasurer to discuss with the Auditor and Assessor. Lisa understands it is difficult to manage staff time and costing since it involved three separate elected officials.

• Discussion of sales tax; where in the county it is paid and from what industry. Lisa said she has

staffing available to audit and will work with Frank on what information is needed.

• Current Expense Ending Fund Balance reserve was discussed.

Respectfully submitted,

Diane Zoren, Administrative Services Manager

BOARD OF MASON COUNTY COMMISSIONERS

Randy Neatherlin Chair

Tim Sheldon Commissioner

Terri Jeffreys Commissioner

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Julie Almanzor Ext. 589

DEPARTMENT: Support Services Monday Briefing: Action Agenda:

DATE: October 27, 2015

ITEM: Approval of voicing no objections to the special occasion liquor license application for the Sunrise Equine Rescue, and to have the Board sign a letter to the Washington State Liquor Control Board attesting to no objections.

Background: The Washington State Liquor Control Board provides notice of liquor license applications for establishments in Mason County to the Board of County Commissioners as required by RCW 66.24.010(8). The Commissioners may voice objections to the application within 20 days of the date of notice. In this case, the applicant did not apply to the WSLCB in a timely manner and the Sunrise Equine Rescue Event is requesting this no objection from the Commissioners in order to expedite their application.

Recommended Action: Approval of voicing no objections to the special occasion license application for Sunrise Equine Rescue for a fundraising event to take place on November 7, 2015 in Belfair, WA and to have the Board sign a letter to the Washington State Liquor Control Board attesting to no objections.

Attachments: Notice of Liquor License Application on file with Clerk of the Board

Liquor License - No Objection COVER.doc

8.1

cc: CM MRS Neatherlin, Sheldon & Jeffre\(s

Clerk

WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services

3000 Pacific Ave SE - PO Box 43075

TO: MASON COUNTY COMMISSIONERS

SPECIAL OCCASION #: 093632

SUNRISE EQUINE RESCUE 401 E MASON BENSON RD GRAPEVIEW WA 98546

DATE: NOVEMBER 7, 2015

Olympia WA 98504-3075

October 12, 2015

TIME: 5 PM TO 10 PM

PLACE: GRAPEVIEW FIRE HALL (HORTON COMMUNITY CENTER) - 4350 GRAPEVIEW LOOP RD, GRAPEVIEW

CONTACT: SHEILA CHRISTIANSEN [DOB 11.26.62] 360-340-8439

SPECIAL OCCASION LICENSES

* Licenses to sell beer on a specified date for consumption at a

specific place.

* License to sell wine on a specific date for consumption at a

specific place.

* ~Beer/Wine/Spirits in unopened bottle or package in limited

quantity for off premise consumption.

* Spirituous liquor by the individual glass for consumption at a

specific place.

If return of this notice is not received in this office within 20 days from the above

date, we will assume you have no objections to the issuance of the license. If

additional time is required please advise.

1. Do you approve of applicant?

2. Do you approve of location?

3. If you disapprove and the Board contemplates issuing a

license, do you want a hearing before final action is

taken?

OPTIONAL CHECK LIST EXPLANATION

LAW ENFORCEMENT HEALTH & SANITATION FIRE, BUILDING, ZONING OTHER:

YES YES

YES

YES YES YES YES YES

If you have indicated disapproval of the applicant, location or both,

please submit a statement of all facts upon which such objections are based.

NO NO

NO

NO NO NO NO NO

DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE

MASON COUNTY AGENDA ITEM SUMMARY FORM

TO: BOARD OF MASON COUN1Y COMMISSIONERS

From: Melissa McFadden Action Agenda

DEPARTMENT: Public Works EXT: 450

DATE: October 27, 2015 Agenda Item # f,;L BRIEFING DATE: September 28, 2015

BRIEFING PRESENTED BY: Brian Matthews

[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency

ITEM: Services Agreement - Thurston County

Background: Public Works would like to enter into a services agreement with

Thurston County for communication system and equipment or vehicle mechanical

repair work that cannot be done in-house.

The agreement will have an expiration date, but may be amended, modified or

renewed by a letter agreement thirty (30) days prior to the termination date.

There are no costs unless we utilize their services. A copy of the agreement is

attached.

Recommended Adion: Recommend the Board of County Commissioners

authorize Public Works to sign the services agreement and future renewal

amendments, modification or renewal letters with Thurston County for

communication system and equipment or vehicle mechanical repair work.

Attachments: Previous Agreement

SERVICES AGREEMENT THURSTON COUNTY I MASON COUNTY PUBLIC WORKS DEPARTMENT

THIS AGREEMENT is made and entered into by and between THURSTON COUNTY, a

municipal corporation, through its CENTRAL SERVICES DEPARTMENT, EQUIPMENT REPAIR

AND REPLACEMENT DIVISION (hereinafter COUNTY) with its principal offices at 2000 Lakeridge

Drive S.W., Olympia, Washington 98502 and MASON COUNTY PUBLIC WORKS DEPARTMENT (hereinafter CUSTOMER) located at 100 W. Public Works Drive, Shelton, Washington, 98584,

(hereinafter collectively referred to as the PARTIES or individually as PARTY).

In consideration of the mutual benefits and covenants contained herein, the PARTIES agree ----------asroliows:- -- ~- ·--- - - -- - - - - - -- - _

_ _ __ _ '~"=,-==J'._,DURATION OF AGREEMENT ------~-------------

-- ----- - _,, -~~.':":-:.:._'ffleterm of this-AGREEMENT shall begin upori execution by COUNTY, and shall, unless

. ------~~terminated-_or renewed as provided elsewhere in this AGREEMENT, terminate on February 28, - -c--- -2015. - ...

-2. SCOPE OF SERVICES

a. _Communications System Work:

All maintenance, repair, installation, engineering, and upgrading of CUSTOMER'S radio communications system previously agreed to or requested in writing by CUSTOMER

shall be carried out by COUNTY. Servicing schedules and specific arrangements shall be negotiated by the PARTIES, giving due consideration to the immediacy of CUSTOMER'S need and the workload of COUNTY.

At the request of CUSTOMER, COUNTY shall make any repairs necessitated by normal wear and tear resulting from normal operation, whenever such repairs are required for safe and proper operation of the radio system unit.

CUSTOMER, its agents and representatives shall be provided access to any radio system component(s) that COUNTY has in its' possession at any time mutually agreed upon by the PARTIES for the purpose of inspecting, altering, repairing, i_mproving, adding

to, or removing it.

b. Equipment or Vehicle Mechanical Repair Work:

COUNTY shall provide all maintenance, repair, installation, engineering, and upgrades of CUSTOMER'S equipment or vehicle previously agreed to or requested in writing by CUSTOMER. Service schedules and any specific arrangements shall be negotiated by the PARTIES, giving due consideration to the immediacy of CUSTOMER'S need and the

workload of COUNTY.

ER&R Agreement (rev 01/08/14) Page 1

Contract No. 025-2014-510-748-000

COUNTY shall require advance written authorization from CUSTOMER for materials or parts purchases when the total amount will exceed five hundred dollars ($500.00).

This compensation includes overhead and expenses. No other claims for reimbursement will be allowed under this AGREEMENT.

c. COUNTY shall invoice CUSTOMER detailing Portal-to-Portal time, parts and materials used by COUNTY. Payment is due upon receipt of invoice and shall be deemed in default if payment is not received thirty (30) days from date of invoice. Upon default, COUNTY shall retain at its sole discretion the option of terminating this agreement upon providing written notice or continuing the AGREEMENT and bill CUSTOMER at the rate of one ( 1) percent per month on the unpaid balance until the account is paid in full, retaining the right to terminate at any time after thirty (30)"days of non-payment. · · - · -

5. AMENDMENTS AND CHANGES IN WORK

a. No amendment, modification- or-renewal shall be made to this AGREEMENT unless set forth in a written AGREEMENT Arilehdrrient, signed by both PARTIES. All amendments, modifications or renewals shall be signed by both PARTIES and attached to this AGREEMENT. Work under an AGREEMENT Amendment shall not proceed until the AGREEMENT Amendment is duly executed by COUNTY.

b. The PARTIES agree to negotiate in good faith for any renewal of this AGREEMENT no later than thirty, (30) days prior to the termination date.

6. HOLD HARMLESS AND INDEMNIFICATION

a. CUSTOMER shall hold harmless, indemnify and defend COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of CUSTOMER'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that CUSTOMER'S obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, CUSTOMER'S obligations hereunder shall apply only to the percentage of fault attributable to CUSTOMER, its employees or agents. · ·

b. With respect to CUSTOMER'S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against COUNTY, CUSTOMER further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by CUSTOMER'S employees caused by or arising out of CUSTOMER'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES.

c. CUSTOMER'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by CUSTOMER, CUSTOMER'S employees, agents or subcontractors.

ER&R Agreement (rev 01/08/14) Page 3

Contract No. 025-2014-510-748-000

13. DISPUTES

Differences between CUSTOMER and COUNTY, arising under and by virtue of this AGREEMENT, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due COUNTY shall be decided by COUNTY'S AGREEMENT representative or designee. All rulings, orders, instructions and decisions of COUNTY'S AGREEMENT representative shall be final and conclusive.

14. CHOICE OF LAW, JURISDICTION AND VENUE

a. This AGREEMENT has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each PARTY hereto that this AGREEMENT shall be governed by the laws of the State of Washington, both as to Its interpretation and performance:-- ·· -· --

b. · Any action at law, suit in equity, orjudicial proceeding arising out of this AGREEMENT shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.

15. SEVERABILITY

If a court of competent jurisdiction holds any part, term or provision of this AGREEMENT to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the PARTIES rights and obligations shall be construed and enforced as if the AGREEMENT did not contain the particular provision held to be invalid.

ER&R Agreement (rev 01/08114) Page 5

Contract No. 025-2014-510-748-000

MASON COUNTY HEARING ITEM SUMMARY FORM

TO: BOARD OF MASON COUN1Y COMMISSIONERS

From: Melissa McFadden

DEPARTMENT: Public Works

Action Agenda

EXT:450

DATE: October 27, 2015 Hearing Item # q ~ )

BRIEFING DATE: June 15, 2015 & June 29, 2015

BRIEFING PRESENTED BY: Melissa McFadden/Loretta Swanson

[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency

ITEM: Franchise Agreement with Shorebrook Community Club -Hearing

EXECUTIVE SUMMARY: The Shorebrook Community Club submitted an application and fee for a Franchise Agreement for the Group A water system serving the Shorebrook Community within certain county roads.

The Franchise grants the privilege and authority to construct, maintain, and operate drinking water facilities in, under and along Mason county roads within the Shorebrook subdivision (Spar Tree Drive, Timber Lane, Shorebrook Drive, Brook Place, Shore Place, Shore Court, Maple Lane) and a section of North Shore Road including the Tahuya Post Office bridge (structure ID #08304300) within Section 27, Township 22 North, Range 3 West, W.M.

It should be noted that this water system has been in place since the late 60's when it was constructed to serve the Shorebrook subdivision. Executing the Franchise will formally acknowledge the rights, privileges, responsibilities, and protections for both parties that essentially already exist.

RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve and execute the Franchise Agreement with the Shorebrook Community Club for the Group A water system serving the Shorebrook Community within certain county roads.

Attachments: Franchise Agreement Vicinity/Location Map (Exhibit C)

.

Exhibit A

IN THE MATTER OF THE APPLICATION OF SHOREBROOK COMMUNITY CLUB FOR A FRANCHISE TO

CONSTRUCT, OPERATE, AND MAINTAIN GROUP A WATER SYSTEM (SYSTEM ID# 78600) FACILITIES,

OVER, ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY,

WASHINGTON

Application of

doing business in Washington as

with its principal offices located at

by and through

Shorebrook Community Club,

Shorebrook Community Club,

P.O. Box 78 Tahuya, WA 98588-0078

Mr. William R. Pratt, President

_____ ~·· __ for a franchise to construct, operate and maintain water utility facilities in, over, along and under county

roads and highways in Mason County, Washington, as set forth in attached Exhibit C (Franchise Area), having

come on regularly for hearing before the County Commissioners of Mason County, Washington, on the 3rd

day of August, 2015, at the hour of 9:30 a.m., under the provisions of RCW 36.55, RCW 80.32.010 and RCW

· ·-80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law,

and that it is in the public interest to allow the franchise herein granted;

NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and

granted to Operator, and its successors and assigns, hereinafter referred to as the Franchisee, for a period of

ten (10) years from and after the date of the entry of this order for the purposes, atthe location(s), and upon

the express terms and conditions as described herein and shown in Exhibit C:

The privilege and authority to construct, maintain, and operate for said period of time, drinking

water facilities in, under and along Mason county roads within the Shorebrook subdivision (Spar Tree Drive,

Timber Lane, Shorebrook Drive, Brook Place, Shore Place, Shore Court, Maple Lane) and a section of North

Shore Road including the Tahuya Post Office bridge (structure ID #08304300) within Section 27, Township 22

North, Range 3 West, W.M.

FRANCHISE PROVISIONS

Section 1.

Section 2. Section 3. Section 4. Section 5.

· Section 6.- ··

Section 7.

Section 8. Section 9. Section 10.

Section 11.

Section 12. Section 13.

Definitions Grant of Authority

Term Permit Required

Work within Right of Way

Monument/Marker Preservation

Restoration

Public Protection Police Powers

Relocation

Vacation Liability Bond

Page 1of21

Exhibit A

Section 3. Term

Each of the provisions of this Franchise shall become effective upon the effective date, subject to the

Grantee's acceptance of terms and conditions of this Franchise and shall remain in effect for ten {10)

years thereafter.

Section 4. Permit Required

Franchisee shall not commence or perform work {hereafter 11Work") to install, construct, maintain repair,

replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,

without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to

Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of

the granting the utility permit, such conditions and regulations as may be necessary for the protection,

preservation and management of the road rights-of-way, including, by way of example and not limitation, for

the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other

utilities, ensuring the proper restoration of such road rights-of-way and structures, and forthe protection of

the County and the public and the continuity of pedestrian and vehicular traffic.

Franchisee shall first file with the County Engineer its application for a utility permit to do such Work

together with plans and specifications in triplicate showing at a minimum:

A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed

or erected at that time, showing their relative position to existing county roads, rights-of-way or other county

property upon plans drawn to scale, hereinafter collectively referred to as the 11map of definite location;

B. The class and type of material and equipment to be used, manner of excavation, construction,

installation, backfill, erection of temporary structures, erection of permanent structures, traffic control, traffic

turnouts and road obstructions;

C. The manner in which the utility facility is to be installed;

D. Measures to be taken to preserve safe and free flow of traffic;

E. Structural integrity of the roadway, bridge, or other structure; and

F. Specifications for the restoration of the county road, right-of-way or other county property in the

event that the road right of way will be disturbed by the Work; and

G. Provision for ease of future road maintenance and appearance of the roadway.

Provision shall be made for known or planned expansion of the utility facilities, particularly those located

underground or attached to bridges or other structures within the road right-of-way.

The location, alignment and depth of the utility facilities shall conform with said map of definite location,

Page 3 of 21

Exhibit A

others that may be installing utility facilities; and

F. The County may require that Franchisee's utility facilities be installed at a particular time, at a

specific place, or in a particular manner as a condition of access to a particular road right-of-way; may deny

access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require

removal of, any utility facility that is not installed in compliance with the requirements established by the

County, or which is installed without prior County approval of the time, place, or manner of installation and

charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate

with others to minimize adverse impacts on the road rights-of-way through joint trenching and other

arrangements.

G. The County may inspect the utility facilities at any time reasonable under the circumstances to

ensure compliance with this franchise and applicable law, including to ensure that the Utility Facilities are

constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in

addition to taking any other action permitted under applicable law, may order the Franchisee;-in writing, to - ·

make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a

time-table established by the County which is reasonable in light of the unsafe condition. The County has

the rightto correct, inspect, administer, and repair the unsafe condition if the Franchisee fails to do so, and

to charge the Franchise<= there for. The right of the county to conduct such inspections and order or make

repairs shall not be construed to create an obligation therefore, and such obligation to construct and

maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee.

H. When required by the County, Franchisee shall make information available to the public

regarding any work involving the ongoing installation, construction, adjustment, relocation, repair or

maintenance of its utility facilities sufficient to show (1) the nature of the work being performed; (2) where it

is being performed; (3) its estimated completion date; and (4) progress to completion.

I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, POWER, CONTROL

SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before

beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities

located and make arrangements as to protective measures that must be adhered to prior to the

commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in

this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers,

employees and agents harmless against and from all cost, liability, and expense whatsoever (including,

without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to

by any act or omission of Franchisee, its contractor, agents and/or employees, that cause or in any way or

degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its

contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person

employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights

of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a

customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this

Section V.I). The only Liabilities with respectto which Franchisee's obligation to indemnify the County and its

elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out

of, caused by or resulting from the negligence of the County, and its elected and appointed officers,

Page 5 of 21

Exhibit A

Section 7. Restoration

In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or

private property, the Franchisee shall at its own expense and with all convenient speed, complete the work

to repair and restore the county road right-of-way, or the public or private property so disturbed or

damaged, and leave the same in as good or better condition as before the Work was commenced, to the

reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred

in the examination, inspection and approval of such restoration or repair_as required pursuant to Chapter

12.24 of the Mason County Code.

The County Commissioners and/or County Engineer may at anytime do, order or have done any and all work

that they consider necessary to restore to a safe condition such County road right-of-way or other County

property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee,

upon demand, shall pay to the County all costs of such work.

Section 8. Public Protection

All work done under this franchise shall be done in a thorough and workman-like manner. In the

performance of Work within or near the road rights-of-way, including without limitation, the opening of

trenches and the tunneling under county roads, rights-of way or other county property, the Franchisee shall

leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel

and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur

or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,

the Franchisee shall place warning lights, barricades and other appropriate protective devices at such a

position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or

persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or

neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the

Franchisee.

Section 9. Police Powers

The County of Mason, in granting this franchise, does not waive any rights which it now has or may hereafter

acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be

construed to deprive the county of any powers, rights or privileges which it now has or may hereafter

acquire to regulate the use of and to control the county roads, rights-of-way and other county property

covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee

up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a

particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application

of a regulation to the Franchisee.

Section 10. Relocation

Franchisee shall, in the course of constructing, installing, maintaining, repairing, replacing, adjusting,

Page 7 of 21

Exhibit A

law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost

of the same shall be borne by the Person requesting the protection, support, temporary disconnection,

removal, or relocation at no charge to the County, even if the County makes the request for such action.

E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental

authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The

expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the

same.

The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions.

All Work to be performed by the Franchisee under this section shall pass the inspection of the County

Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and

approval of such work.

Section 11. Vacation

If at any time the County of Mason shall vacate any County road, right-of-way or other County property

which is subject to rights granted by this franchise and said vacation shall be forthe purpose of acquiring the

fee or other property interest in said road, right-of-way or other county property for the use of Mason

County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners

may, at its option, and by giving thirty {30) days written notice to the Franchisee, terminate this franchise

with reference to such county road, right-of-way or other county property so vacated, and the County of

Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has

been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will

continue to be the practice until such time the Board of Mason County Commissioners directs a change of

practice.

No road vacation shall terminate or limit the easement right of Shorebrook to operate or maintain its water

line in existing locations on mason County roadways.

Section 12. Liability

A. Insurance Except as otherwise provided herein, Franchisee shall maintain for itself and the

County, throughout the entire period any part of Franchisee's utility facilities are located in the Franchise

Area, adequate insurance to protect the Parties and their elected and appointed officers, agents, employees

against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the

Page 9 of 21

Exhibit A

the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like

coverage has been or will be obtained prior to any such lapse or termination during the balance of the period

of the franchise.

The County reserves the right, during the term of the franchise, to require any other insurance coverage or

adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and

principals based upon the loss exposures.

Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects

any coverage maintained by the County and shall include an endorsement reflecting the same. Any other

coverage maintained by County shall be excess of this coverage herein defined as primary and shall not

contribute with it. The certificate of insurance must reflect that the above wording is included in all such

policies.

Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who

may lawfully do business in the State of Washington with a financial rating at all times during coverage of no

less than rating of "A" and a class of "X" or better in the latest edition of "Best's Key Rating Guide" published

by A.M. Best Company, or such other financial rating or rating guide approved in writing by the County's risk

manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards,

Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the

foregoing standards. The County reserves the right to change the rating or the rating guide depending upon

the changed risks or availability of other suitable and reliable rating guides.

Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall

include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring

within any distance from a railroad track or railroad property, or on, over, or under a railroad track.

Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved

of by the County Risk Manager or designee.

Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as

an additional insured without limitation, pursuant to an endorsement approved of by the County's Risk

Manager or designee.

Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of

subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver

of subrogation rights endorsement.

COMMERCIAL GENERAL LIABILITY INSURANCE POLICIES AND COVERAGE REQUIRED HEREIN OF PUBLIC

UTILITY OPERATORS MAY INCLUDE A REASONABLE DEDUCTIBLE OR SELF-INSURED RETENTION; PROVIDED,

HOWEVER, THAT AS TO ANY LOSS OR DAMAGE COVERED AS PROVIDED HEREIN, IF FRANCHISEE ELECTS TO

INCLUDE ANY DEDUCTIBLE OR SELF-INSURED RETENTION, FRANCHISEE SHALL ITSELF DIRECTLY COVER, IN

LIEU OF INSURANCE, ANY AND ALL COUNTY LIABILITIES THAT WOULD OTHERWISE IN ACCORDANCE WITH

THE PROVISIONS OF THIS FRANCHISE BE COVERED BY FRANCHISEE'S INSURANCE IF FRANCHISEE ELECTED

Page 11of21

Exhibit A

provide a performance and payment bond for each separate project in an amountto be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, topsoil, landscape treatment, and drainage facilities, and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion.

A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise.

A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. -- ___ _

Section 14. Limitation of County Liability

To the fullest extent permitted by law, Franchisee shall and shall cause its contractor(s) to release, indemnify, defend, and hold harmless the county and the county's legal representatives, officers (elected or appointed), employees, and agents (collectively, "indemnitees") for, from, and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation, removal and remediation, and governmental oversight costs), environmental or otherwise (collectively "liabilities") of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part):

1. This franchise;

2. any rights or interests granted pursuant to this franchise;

3. Franchisee's occupation and use of the road right of way;

4. Franchisee's operation of its utility facilities;

5. The presence of utility facilities within the right of way;

6. The environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by franchisee or its agents; or

7. The acts, errors, or omissions of third parties when arising out of the installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or

Page 13 of 21

Exhibit A

will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor.

Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any

obligations not fulfilled by Franchisee's assignee; provided that, the assignment shall not in any respect

relieve the Franchisee, or any of its successors in interest, of responsibility for acts or omissions, known or

unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment.

No franchise or master road use permit may be assigned or transferred without filing or establishing with the

county the insurance certificates and performance bond as required pursuant to this franchise.

Section 18. Annexation

Whenever any of the County roads, rights-of-way or other county property as designated in this franchise, by

reason of the subsequent incorporation of any town or city, or extension of the limits of any town or city,

shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the

said roads, rights-of-way or other county property so included with city or town limits; this franchise shall

continue in force and effect to all county roads; rights-of-way or other county property not so included in city . _

or town limits.

Section 19. Revocation/Remedies

A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason

County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this

franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the

Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and

this franchise may be revoked or annulled, after a public hearing by the Board of County Commissioners.

The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this

franchise by reason of any failure of the County to enforce prompt compliance, and the County's failure to

enforce shall not constitute a waiver of rights or acquiescence in the Licensee's conduct.

Any termination pursuant to this Paragraph shall not terminate any right of Shorebrook under any easement

rights to maintain and operate the Shorebrook water lines and water system.

B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in

combination, in the event of Default. "Default" shall mean any failure of Franchisee or its agents to keep,

observe, or perform any of Franchisee's or its agents' duties or obligations under this franchise:

1. Damages. Franchisee shall be liable for any and all damages incurred by County.

2. Specific Performance. County shall be entitled to specific performance of each and every

obligation of Franchisee under this franchise without any requirement to prove or establish that County does

not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and

acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an

Event of Default hereunder.

3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened

Page 15 of 21

Exhibit A

permitted to be done by Franchisee on any Franchise Area.

C. Waiver.

No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise.

D. Attorney's Fees.

If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled.

E. Amendment. -c~~---

This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason.

F. Severability.

If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

G. Joint and Several Liabilities.

Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that, the Franchisee is not prohibited from allocating such liability as a matter of contract.

H. Notices.

Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address.

Page 17 of 21

Exhibit A

L. Incorporation by Reference.

All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein,

are hereby incorporated by reference as though fully set forth herein.

M. Calculation of Time.

All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of

Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the

State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or

legal holiday in the State of Washington.

N. Entire Agreement.

This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all

matters covered herein and all matters related to the use of the Franchise Area by Franchisee and

Franchisee's Contractors, and this franchise supersedes any and all other agreements of the Parties hereto

with respect to all such matters, including, without limitation, all agreements evidencing the franchise.

0. No Recourse.

Without limiting such immunities as the County or other persons may have under applicable law, Franchisee

shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents,

or employees for any loss or damage arising out of the County's exercising its authority pursuant to this

Franchise or other applicable law.

P. Responsibility for Costs.

Except as expressly provided otherwise, any act that Franchisee is required to perform under this franchise

shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the

time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee

shall pay the amounts billed within 30 days.

Q. Work of Contractors and Subcontractors.

Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if

the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its

contractors and subcontractors, and others performing work on its behalf, under its control, or under

authority of its utility permit, as if the work were performed by it and shall ensure that all such work is

performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be

jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's

responsibility to ensure that contractors, subcontractors, or other Persons performing work on the

Franchisee's behalf are familiar with the requirements of the franchise, Title 12 MCC, the Manual, and other

applicable laws governing the work performed by them.

Page 19 of 21

DATED at Shelton, Washington this ___ day of _______ 20 __ _

APPROVED:

Melissa McFadden, County Engineer

APPROVED AS TO FORM:

Tim Whitehead, Chief Deputy Prosecuting Attorney

BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON

Chair

Commissioner

Commissioner

Page 21of21

Exhibit A

Exhibit C

FRANCHISE AREA DESCRIPTION

The Franchise grants the privilege and authority to construct, maintain, and operate drinking water facilities in, under and along the following Mason county roads within the Shorebrook subdivision and water system service area:

Spar Tree Drive Timber Lane Shorebrook Drive Brook Place Shore Place Shore Court Maple Lane

Additionally, the franchise area covers a section of North Shore Road including the Tahuya Post Office Bridge (structure ID #08304300} all located within Section 27, Township 22 North, Range 3 West, W.M.

VICINITY MAP

Page 1of1

of1

Julie Almanzor - Re: Notice of Hearing on Oct 27 ikrn I// I From: Mason County Journal Legals <[email protected]> To: · "Julie Almanzor" <[email protected]> Date: 10/9/2015 8:31 AM Subject: Re: Notice of Hearing on Oct 27

The cost is $144 and the legal number is 8206. On Oct 6, 2015, at 12:00 PM, Julie Almanzor wrote:

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public

hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, October 27, 2015 at 6:30 p.m .

SAID HEARING will be to consider the Shorebrook Community Club franchise agreement application for the Group A water system that grants the privilege and authority to construct, maintain, and operate drinking water facilities in, under and along Mason county roads within the . Shorebrook subdivision (Spar Tree Drive, Timber Lane, Shorebrook Drive, Brook Place,

Shore Place, Shore Court, Maple Lane) and a section of North Shore Road including the

Tahuya Post Office bridge (structure-ID #08304300) within_Section 27, Township 22 North, Range 3 West, W.M.

If questions contact Terry Conley, (360) 427-9670, (360) 275-4467 or (360) 482-5269, Ext.

614 or if special accommodations are needed, contact the Commissioners' office at Ext. 419.

DATED this 5th day of October 2015.

BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON

Julie Almanzar, Clerk of the Board

file:///C:/Users/juliea/AppData/Local/Temp/XPgrpwise/56177B5BMasonmail1001373473 ... 10/9/2015

of1

Julie Almanzar - Notice of Hearing on Oct 27

From: Julie Almanzar

To: [email protected]

Date: 10/6/2015 12:00 PM

Subject: Notice of Hearing on Oct 27

Please see below notice of public hearing. Please publish on Oct 15, 2015 and Oct 22, 2015. Bill to: Public Works 100 W. Public Works Drive, Shelton WA 98584

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, October 27, 2015 at 6:30 p.m.

SAID HEARING will be to consider the Shorebrook Community Club franchise agreement application for the Group A water system that grants the privilege and authority to construct, maintain, and operate drinking water facilities in, under and along Mason county roads within the Shorebrook subdivision (Spar Tree Drive, Timber Lane, Shorebrook Drive, Brook Place, Shore Place, Shore Court, Maple Lane) and a section of North Shore Road including the Tahuya Post Office bridge (structure-ID #08304300) within_Section 27, Township 22 North, Range 3 West, W.M.

If questions contact Terry Conley, (360) 427-9670, (360) 275-4467 or (360) 482-5269, Ext. 614 or if special accommodations are needed, contact the Commissioners' office at Ext. 419.

DATED this 6th day of October 2015.

Julie Almanzar Clerk of the Board Public Records Officer Mason County Commissioners 360-427-9670 Ext. 589 [email protected]

BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON

Julie Almanzar, Clerk of the Board

IMPORTANT NOTE: Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, email sent to and/or from the County may be subject to public disclosure.

file:///C:/Users/juliea/AppData/Local/Temp/XPgrpwise/5613B7DDMasonmai1100137347... 10/6/2015

department: support services action agenda 4.1.1 almanzar ...€¦ · october 27, 2015 no. 4.1...

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