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2018-06-04 Business Meeting Minutes LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS(BOCC) Business Meeting minutes June 4, 2018 Present: Commissioner Fund, Commissioner Jackson, Commissioner Stamper Recorder: Rieva Lester Commissioner Fund called the meeting to order at 10:01 a.m., determined a quorum and then proceeded with the flag salute. She then announced that Ordinance 1285 regarding secure medication returns had been removed from the day's agenda. PUBLIC COMMENT None. PRESENTATION Commissioner Stamper made a motion to approve a proclamation recognizing Lewis County valedictorians and salutatorians. Commissioner Jackson seconded. Proclamation: Proclamation recognizing Lewis County valedictorians and salutatorians. Commissioner Gary Stamper read the proclamation into the record, and then valedictorians and salutatorians from the area schools introduced themselves. Motion passed 3-0. NOTICE ITEMS Commissioner Jackson made a motion to approve Resolutions 18-172 through 18-175. Commissioner Stamper seconded. Resolution 18-172: Notice of the temporary closure of a portion of Howe Road in Toledo to all through traffic. 1 Martin Roy, Real Estate Services Manager, spoke to the resolution. He said the temporary closure would close a portion of Howe Road, between mileposts 1.63 and 1.73,from June 18 through Aug. 3, 2018. He said there had been a slide on the road and that repairs need to be made. Resolution 18-173: Call for bids for the Stearns Creek Tributary Culvert Replacement Project(Pleasant Valley Road MP 2.179), CMP 1603. Bids are due to the Clerk of the Board by 11 a.m.June 26,2018. Erik Martin, Director of Public Works, spoke to the resolution. He said a culvert will be replaced on Pleasant Valley Road. He said bids will be opened June 26. Resolution 18-174: Notice of Hearing for Ordinance 1287,which would change the Lewis County Comprehensive Plan.The hearing will begin at or after 10 a.m.June 25, 2018, in the Commissioners' Hearing Room. Graham Gowing, Community Development Office Manager, spoke to the resolution. He said the hearing will be June 25. Resolution 18-175: Notice of Hearing for Ordinance 1288,which would change Lewis County's Zoning Map.The hearing will begin at or after 10 a.m.June 25, 2018, in the Commissioners' Hearing Room. Graham Gowing,Community Development Office Manager, spoke to the resolution. He said the hearing will be June 25. Commissioner Jackson asked how often the Comp Plan is amended. Graham said he believes it's required to be updated at least once every eight years. Motion passed 3-0. CONSENT ITEMS Commissioner Stamper made a motion to approve minutes from the May 21, 2018, meeting as well as Resolution 18-176. Commissioner Jackson seconded. Resolution 18-176: Approval of warrants/claims against the various county departments. Chief accountant Suzette Smith, representing the Auditor's Office, said warrants numbered 790997- 791171 and 791286-791542 (totaling$1,701,301.05) were issued the weeks of May 18-31 and draw/benefit warrants 790759-790996 (totaling $268,375) were issued May 18. She noted a skip in sequence for warrants 791172-791285, which were issued on behalf of Special Purpose Districts. Motion passed 3-0. 2 DELIBERATION ITEMS Commissioner Jackson made a motion to approve Resolutions 18-177 through 18-185. Commissioner Stamper seconded. Resolution 18-177:Approve an agreement between the Lewis County Sheriff's Office/Jail and Great Rivers Behavioral Health Organization (BHO). Chief Chris Sweet of the Lewis County Sheriff's Office spoke to the resolution. He said the BHO is providing funding for mental health medication for inmates. He said it helps offset unfunded mandates. He said it would provide a monthly amount of up to $6,818. Resolution 18-178:Approve the fifteenth supplement to a personal services agreement between West Consultants Inc. and Lewis County. Graham Gowing, Community Development Office Manager, spoke to the resolution. He said Lewis County acts as the fiscal agent for the Flood Authority. He said the resolution would increase West Consultant's contract to cover the cost associated with operating and maintaining an early flood warning system. Resolution 18-179:Award a contract for the Law and Justice exterior cleaning and sealing project. Steve Walton, Director of Central Services, spoke to the resolution. He said the project will clean and repair the exterior of the Law and Justice building. He said D&R Masonry Restoration of Milwaukie, Ore., submitted the lone—and winning—bid of$86,250. Resolution 18-180: Award a contract for the 4-H Building roof replacement project. Steve Walton, Director of Central Services, spoke to the resolution. He said the county received three bids and that Cherry Roofing Inc. of Vancouver submitted the winning bid of$64,220. Resolution 18-181:Accept a grant from the Washington State Department of Commerce—Local and Community Projects program. Steve Walton, Director of Central Services, spoke to the resolution. He said the $52,380 grant will be used to reimburse the county for roof repairs made to the Grange building at the fairgrounds. Resolution 18-182:Accept Washington State Department of Agriculture grant funding for the Southwest Washington Fairgrounds. 3 Steve Walton, Director of Central Services, spoke to the resolution. He said the grant will be used to repair the swine barn, midway and streets at the fairgrounds. He said the county was awarded $51,000 with a 33 percent grant match. Resolution 18-183:Approve an agreement between the Washington State Military Department and Lewis County for the 17SHSP Homeland Security Program Grant. Steve Mansfield, Director of Emergency Services, spoke to the resolution. He said the $28,076 grant will be used to pay for a study. Resolution 18-184: Reappoint three members to the Lewis County Solid Waste Advisory Committee and set terms thereof. Steve Skinner,Solid Waste Manager, spoke to the resolution. He said the Solid Waste Advisory Committee members serve three-year terms. Resolution 18-185: Indemnification and defense of two Lewis County employees who were acting in good faith in their official capacity of their jobs and were named in a lawsuit. Wayne Whiton, Risk and Safety Administrator, spoke to the resolution. He said the two individuals named in the lawsuit were working in the scope of their jobs. Motion passed 3-0. HEARINGS Ordinance 1286,which would allow the use of wheeled all-terrain vehicles on certain public roads and creating a new Chapter 10.40 of the Lewis County Code. Commissioner Fund introduced the hearing. Erik Martin, Director of Public Works, gave the staff report. He said the ordinance would allow the use of certain wheeled all-terrain vehicles on designated county roads and rights of way. He said the list of roads would be available online. Erik said the project had been in the works for quite some time. He said select roads east of Salkum that have a speed limit of 35 mph or less would be available for use. He said the available roads are available on map and also are listed in alphabetical order online. Erik said WATVs feature lights, turn signals,windshields, seat belts, etc. to meet the requirements of RCWs 46.09 and 46.37. 4 Eric Eisenberg,Chief Civil Deputy with the Lewis County Prosecuting Attorney's Office, said the state passed a statute allowing counties to open roads to WATV use. He said the state offers grants to help with signage. Eric discussed the requirements listed in RCW 46.09.457. He also noted that the WATV must be registered with the Department of Licensing and that the driver must have a driver's license. Eric noted that the county has conducted an environmental review. Jack Niehuser, Lewis County Traffic Engineer, said the county submitted a State Environmental Policy Act (SEPA) checklist for the proposal. Commissioner Fund asked what a citizen could do if they witnessed an infraction. Eric Eisenberg said the individual could contact the Sheriff's Office, but he cautioned that the deputies may have to respond to a higher-priority call. Eric reiterated that the ordinance would only be for roads with a speed limit of 35 mph or less. Commissioner Fund asked if there were any questions from the audience. Ron Averill of Centralia asked if the designated areas are connected to forest land properties. Eric said many of the roads are connected. Ron asked why there were no roads on the west side selected. Erik Martin said the mapping was based on the commissioners' direction to start on the east end because that's where the demand was. Sona Markholt of Mossyrock asked if a quad could be outfitted to become a WATV. Eric said he believed it could be. Sona asked if there was a cost-benefit analysis for the SEPA. Eric said the SEPA would not have required a cost-benefit analysis.Traffic Engineer Jack Niehuser said it would be difficult to determine the amount of riders. Erik said it was viewed as an opportunity for tourism. Commissioner Fund closed the question-and-answer portion of the hearing. Erik, Eric and Jack asked that their previous comments be adopted into the record. Commissioner Fund then asked if anyone wanted to speak for or against the resolution. Chip Elliott of the Doty area said he didn't like seeing the west end excluded but supports the ordinance. Randy Driver of the Doty area said he'd like to see the maps expanded to include the west end. Commissioner Jackson said he views the ordinance as a model that could be expanded. Erik Martin said other roads could be added, and Eric Eisenberg said another SEPA could be required. Paula Clevenger, Secretary of Cowlitz Basin ORV club, said the group strongly supports the ordinance. Powersports Northwest owner Dave Lapinski thanked the Cowlitz Basin ORV Club and Erik Martin for their efforts. Dave said owners can purchase kits to retrofit their vehicles to meet the standards. He said the kits cost roughly $200, plus installation. Commissioner Stamper asked if the vehicles would have to be inspected, and Dave said they would. Commissioner Jackson asked if there are models a conversion would not be appropriate to retrofit. Dave said he didn't think it is specified in state law. Cowlitz Basin ORV Club President Chris Clowe of Salmon Creek Road thanked the individuals involved in preparing the ordinance and spoke in favor of the ordinance. He noted 18 counties already have WATV ordinances. 5 Cowlitz Basin ORV member Marilyn Harper voiced support for the ordinance. She said she'd like to see it expanded to the Adna area. Cowlitz Basin ORV member Fred Harper of the Adna area voiced support for the ordinance. He said he'd like to see it expanded to the Adna area. ORV member Gerald Gleason said he supports the ordinance. ORV member Rosalie Gleason said she supports the ordinance and would like to see the coverage area expanded. ORV member Joe Lysek of Packwood said he supports the ordinance. He noted that Forest Service roads are not open to 60-inch vehicles. Joe Logalbo of Mossyrock said roughly 98 percent of ATV riders are safe and respectful. He voiced support for the ordinance. Barry Godfrey of Glenoma voiced his support for the ordinance. He said DNR is in discussions with the city of McCleary about access to the Capitol Forest. Larry Smith of Mossyrock thanked the commissioners for their work on the ordinance. John Sears of Mossyrock thanked those involved for their work on the ordinance. Steve Pendleton of Randle thanked the group for working on the ordinance. Sona Markholt of Mossyrock said she and 26 others in her area have concerns about individuals from outside of the area using the county roads. She said the influx of ATV riders causes concerns about garbage, traffic, law enforcement, etc. She said the riders would have to cross roads illegally to get from one eligible road to another. She then turned in a written statement. ORV Club liaison Ted Jackson of Eatonville praised the county for submitting a SEPA checklist. He said expanded use will help baby boomers as well as those with disabilities. Commissioner Fund asked if Ted has documents regarding the economic impacts of ATV use. Ted directed the group to the National Off- Highway Vehicle Conservation Council website, nohvcc.org. Commissioner Stamper asked if his group will help solve problems with garbage, etc., and reach out to cities.Ted said the group would.Ted also suggested the deputies track any time dealing with ATV infractions and then apply for a DOT grant. He noted that converting an ATV can cost$500 to $800. Commissioner Fund closed the hearing. Commissioner Stamper asked Powersports Northwest owner Dave Lapinski if there are specific tires that held up to road use better. Dave said there are DOT-approved tires. Commissioner Stamper asked Sheriff Snaza what the tolerance level will be for offenders. Sheriff Rob Snaza said he has been working to educate the public and that the Sheriff's Office will have zero tolerance regarding rule-breakers. Sheriff Snaza voiced support for the ordinance and said the hope it to expand to the west side in the future. 6 Commissioner Stamper made a motion to approve Ordinance 1286. Commissioner Jackson seconded. Commissioner Jackson thanked the Cowlitz ORV club for its efforts, and he said he is interested in seeing whether the coverage could be expanded to the west end. Commissioner Stamper thanked all entities involved for their work on the ordinance. He said he hopes the riders will reach out to those who oppose the ordinance to address their concerns, such as garbage. Commissioner Fund asked about the funding source for the signs. Erik Martin said he proposes securing grant funding for the signs. Motion passed 3-0. DPA Eric Eisenberg asked that the list of roads be added to Ordinance 1286 as Exhibit A. Commissioner Stamper made a motion to attach the list of roads to Ordinance 1286 and label it Exhibit A. Commissioner Jackson seconded. Motion passed 3-0. GOOD OF THE ORDER Nothing. PRESS CONFERENCE No questions from the press. ADJOURNMENT The BOCC Business Meeting adjourned at 11:46 a.m., with the next Business Meeting scheduled for 10 a.m. Monday,June 11, 2018, in the Commissioners' Hearing Room (Room 223). Please note that minutes from the BOCC Business Meeting are not verbatim.A recording of the meeting may be purchased at the 80CC office, or video footage can be viewed at no charge at LewisCountyWa.gov/bocc-meetings. Video footage of 80CC meetings also is aired on Comcast Channel 3 at 10 a.m.,2 p.m., 6 p.m., and 10 p.m. daily. Video footage also can be found on the Lewis County Commissioners'Facebook page. 7 BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY,WASHINGTON ••'cpUNTX •• • 4 \ o• /A -� ��. • °I! SINCE 1 0® Edna J. und, Chair ' ,`� 1845 I a • / i ATTEST: Robert C.Jackson,Vice Chair —1Q-<-44-1(/1-e- e-A----/ /1-P-Y` Rieva Lester, Clerk of the Board ry Sta p1--- missioner 8