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2018-08-27 Business Meeting Minutes LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) Business Meeting minutes August 27, 2018 Present: Commissioner Fund, Commissioner Jackson, Commissioner Stamper Recorder: Rieva Lester Commissioner Fund called the meeting to order at 10 a.m., determined a quorum and then proceeded with the flag salute. PUBLIC COMMENT None. NOTICE ITEM Commissioner Stamper made a motion to approve Resolution 18-266. Commissioner Jackson seconded. Resolution 18-266: Notice of Hearing to modify the Vader-Enchanted Valley Water Fee and Rate Schedule. The hearing will begin at or after 10 a.m. Monday, Sept. 10, 2018, in the Commissioners' Hearing Room. Tim Fife, Director of Public Works, spoke to the resolution. He said the hearing will take place Sept. 10, 2018. Motion passed 3-0. CONSENT ITEMS Commissioner Jackson made a motion to approve minutes from the August 20, 2018, meeting as well as Resolution 18-267. Commissioner Stamper seconded. Resolution 18-267: Approval of warrants/claims against the various county departments. Chief accountant Suzette Smith, representing the Auditor's Office, said warrants 802845-802894 and 803008-803130, totaling$614,045.65, were issued the week of Aug. 17, 2018. She said draw/benefit warrants 792235-792472, totaling$278,221, were approved Aug. 20, 2018. Suzette noted a skip in sequence for warrants 802895-803007, which were issued on behalf of Special Purpose Districts. Motion passed 3-0. 1 DELIBERATION ITEMS Commissioner Stamper made a motion to approve Resolutions 18-268 through 18-271. Commissioner Jackson seconded. Resolution 18-268: Approve a memorandum of agreement between the state Department of Veterans Affairs and Lewis County. Danette York, Director of Public Health and Social Services, spoke to the resolution. She said a Veteran Benefits Specialist will become a Veteran Service Officer at no additional cost to the county. The VSO will receive training related to veterans' benefits and entitlement and the VA claims process. Resolution 18-269: Approve a contract between Omnicare Pharmacy and the Lewis County Sheriff/Jail. Lewis County Chief Chris Sweet spoke to the resolution. He said Omnicare is one of two entities to provide pharmaceutical services to the jail. He said the resolution provides a renewal of a contract with Omnicare. Chief Sweet noted that when someone is incarcerated, their Medicare coverage is suspended, making the county responsible for medical costs. He said the day's inmate population is roughly 230 for the day. Resolution 18-270:The proposed acquisition of additional right of way for Cousins Road at milepost 3.15 in Adna. Martin Roy, Real Estate Services Manager, spoke to the resolution. He said a culvert needs to be replaced and will require additional right of way from three property owners along Cousins Road. Resolution 18-271: Approving the Board of County Commissioners (BOCC) Chair to sign the Applicant Resolution/Authorization and Amendment to the project agreement between Lewis County and the Recreation and Conservation Office (RCO)for the Lacamas Creek Side Channel Reconnection. Tim Fife, County Engineer, spoke to the resolution. He said the amendment adds roughly $6,000 to the project along Jackson Highway. Motion passed 3-0. HEARINGS Ordinance 1290: Hearing for Ordinance 1290, amending Lewis County Code 18.05,fee schedule. Commissioner Fund introduced the hearing. 2 Lee Napier, Director of Community Development,gave the staff report. She said the intent of the code is to better align the chapter with the adopted fee schedule. Commissioner Fund asked if there were any questions.There were none. Commissioner Fund then closed the question-and-answer portion of the hearing. Lee asked that her previous comments be adopted into the record. Commissioner Fund asked if anyone wanted to speak for or against the resolution. No one spoke. Commissioner Fund closed the hearing. Commissioner Jackson made a motion to approve Ordinance 1290. Commissioner Stamper seconded. Motion passed 3-0. Resolution 18-272: Hearing for Ordinance 1294, adopting a moratorium upon certain building permits within the boundaries of Water-Sewer District#5. Commissioner Fund introduced the hearing. Lee Napier, Director of Community Development,gave the staff report. Lee said the county commissioners passed the moratorium on Aug. 6, 2018, and set the hearing for Aug. 27 to ratify the ordinance. She said Water District 2 had sent a letter indicating it no longer would accept applications from Water-Sewer District 5, prompting the moratorium. Commissioner Stamper said the letter from District 2 put the county in an awkward position. He said he hopes there is a lot of dialog going on. Commissioner Fund asked if there were any questions. There were none. Commissioner Fund then closed the question-and-answer portion of the hearing. Lee asked that her previous comments be adopted into the record. Commissioner Fund asked if anyone wanted to speak for or against the resolution. April Toups of Onalaska, who recently joined as a commissioner on Water-Sewer District 5, said she cannot defend her district's past actions and decisions. She said she can, however, say that the board is working to address budgeting, ownership issues and conflicts of interest. She said the district is drafting a strategic plan. She noted that District 2 has been very helpful. April said she hopes to have a new interlocal agreement within six weeks or so. Commissioner Jackson asked about the six-month moratorium. Lee noted that the moratorium could be lifted if the matter was settled within the six months. Greg Lund of Chehalis said he was attending as a representative of the Fox Run Forward committee. He named other members of the committee. He said the group has attended the District 2 and District 5 meetings. He said members of the group are offering their expertise in an effort to help the area grow 3 and move past the impasse. He noted that that the two entities never went to mediation. Greg said District 2 has a budget workshop planned for the following day. Amy Smith of Water District 2 said the district understands that there are families that want to build. She said the district wants to ensure the district moves forward in an ethical and legal manner. She said the small district has a large amount of debt. She said District 5 have had a history of nonpayment that District 2 has had to cover. She said the district has been waiting for two months for proof of ownership. She said she has spoken to the Department of Ecology about what it needs to see. Amy said the State Auditor's Office flagged ethical concerns. Commissioner Stamper asked if the county would be able to help. Lee said it may be areas within Ecology that Community Development doesn't typically work with; however, she said, Community Development may be able to get the districts in contact with the right individuals. Eric Eisenberg noted that county employees in the Department of Health may have those contacts. District 5 Commissioner Virgil Fox said both districts are seeking a fix. He said the district has given all necessary paperwork to its attorney. He noted that Ecology called the original interlocal agreement a win-win. He asked for help crafting an interim, temporary agreement. Eric Eisenberg said the two entities could create an interim agreement. He and Commissioner Jackson clarified that the onus is on the two districts to create an agreement, which would then clear the way for the county to lift the moratorium. Greg Lund said it's not about the sewer system. He said it's about disagreements about the interlocal. He said there are nine hook-ups. He said the county is the parent who should be telling the kids—District 2 and District 5—to go work it out. He said there are 90 lots. Amy Smith said it's not a matter of a disagreement about the interlocal. She said it's about legal issues. Attorney Scott Blinks said Virgil and Carol Fox have sought his insight. He said there are three issues: verification of financial security, verification of sewer ownership and an alleged conflict of interest. He said District 5 owes the Foxes money for the water system. He said remarks about the sewer district are untrue. He said the Foxes have signed a quit claim deed regarding the sewer system. He asked the county to issue a mandate that the two districts work something out in a short timeframe. Commissioner Fund closed the hearing. Eric Eisenberg said the commissioners can politically demand any timeline they want, but he said he didn't think the county could do so legally. Amy Smith said the district had not received anything as of Aug. 24. Commissioner Stamper said the county would do whatever it could to help speed the process along. Eric Eisenberg said the county's formal statement is that it cannot accept building permits for six months. Commissioner Stamper made a motion to approve Resolution 18-272. Commissioner Jackson seconded. Motion passed 3-0. 4 GOOD OF THE ORDER Commissioner Stamper said the Packwood Farm to Table event was very successful. Commissioner Fund said she was very impressed with the previous week's Garlic Festival as well as the Hub City Car Show. PRESS CONFERENCE Commissioner Fund noted that public records requests can be made online. She also said Discover Lewis County has released its trail guide. Ron Averill of Centralia praised the resolution allowing for training for a veterans' service officer. He said the Farm Bureau met regarding the conservation plan and appears to have resolved any potential problems. Peter Lahmann of Centralia also praised the board for the veterans' service officer resolution. He said the Port's meetings have been postposed. ADJOURNMENT The BOCC Business Meeting adjourned at 11:04 a.m., with the next Business Meeting scheduled for 10 a.m. Monday, September 10, 2018, in the Commissioners' Hearing Room (Room 223). Please note that minutes from the 80CC Business Meeting are not verbatim.A recording of the meeting may be purchased at the BOCC office,or video footage can be viewed at no charge at LewisCountyWa.gov/bocc-meetings. Video footage of BOCC meetings also is aired on Comcast Channel3 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. BOARD OF COUNTY COMMISSIONERS ••ouN•'• LEWIS COUNTY, WASHINGTON ••AsC w. • •,,, i0,O� D OFD • SINCE o• of ..id AdIf •• �� 1845 nd,Cha� •Q 4' • • • `N�MT�SG� •6 ; . • ••�G`TONSI�•• ATTEST: •••• Robert C.Jackson,Vice Chair Rieva Lester, Clerk of the Board Gary Sta per, Commissioner 5