NOH: Ord 1319, Lift moratorium upon certain building permits within Middle Fork Water-Sewer System BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-234
NOTICE OF PUBLIC HEARING AND PROPOSED
ACTION TO RATIFY ORDINANCE 1319, LIFTING A
MORATORIUM UPON CERTAIN BUILDING PERMITS
WITHIN THE BOUNDARIES OF MIDDLE FORK WATER-
SEWER SYSTEM - FORMALLY KNOWN AS WATER-
SEWER DISTRICT #5
WHEREAS, notice is hereby given that a public hearing will be held by the Lewis
County Board of County Commissioners (BOCC) in the hearing room at 351 NW North
Street, Chehalis, Washington on July 27, 2020, at or after 10:00 a.m., or at such time
later that day as may be necessary due to schedule changes pertaining to COVID-19;
and
WHEREAS, interested parties are encouraged to check the Commissioners' hearing
schedule online at https://lewiscountywa.gov/offices/commissioners/agendas-calendar/
as July 27, 2020, approaches for updated details; and
WHEREAS, public notice of said hearing is required by law; and
WHEREAS, on said date, the BOCC will take public testimony or written comment on
the Ordinance 1319 concerning lifting a moratorium upon certain building permits
within the boundaries of Middle Fork Water-Sewer System.
NOW THEREFORE BE IT RESOLVED the purpose of the public hearing is to take
public testimony or written comment concerning lifting a moratorium upon certain
building permits within the boundaries of Middle Fork Water-Sewer System; and
NOW THEREFORE BE IT FURTHER RESOLVED that a hearing is hereby scheduled for
July 27, 2020, to take public testimony or written comment concerning lifting a
moratorium upon certain building permits within the boundaries of Middle Fork Water-
Sewer System with final BOCC action to take place following the public hearing.
DONE IN OPEN SESSION this 13th day of July, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: STY Edna J . Fund
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:Edna J. Fund, Vice Chair
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••'�° �YCO"�� o Robert C. Jackson
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Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
ORDINANCE 1319
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY,WASHINGTON
AN ORDINANCE OF LEWIS COUNTY,WASHINGTON LIFTING ) ORDINANCE 1319
A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN )
THE BOUNDARIES OF MIDDLE FORK WATER AND SEWER )
SYSTEM—FORMALLY KNOWN AS WATER-SEWER DISTRICT#5 )
WHEREAS, Lewis County Board of County Commissioners enacted Ordinance 1294 on August 6, 2018,
and renewed the moratorium with the passage of Ordinance 1300 on January 28,2019,followed by the
passage of Ordinance 1302 on June 3,2019,and again with the passage of Ordinance 1308 on
November 4, 2019,and finally by the passage of Ordinance 1317 on April 27, 2020,followed by a public
hearing to ratify said ordinance(s); and
WHEREAS,on July 9,2004, Lewis County Water District No. 2 (District 2)entered into an Interlocal
Agreement for Provision of Wholesale Sewer Service to receive and treat wastewater from Lewis County
Water/Sewer District No.5 (District 5),which was proposed to serve the proposed Birchfield Fully
Contained Community;and
WHEREAS,in February of 2017 the Birchfield Fully Contained Community proposal was withdrawn; and
WHEREAS, District 2 considered the Interlocal Agreement"null and void because its express and sole
purpose was to govern the provision of inter-district sewer service for the Birchfield FCC[Fully
Contained Community]." In the opinion of District 2,this fundamental change mandated a new
interlocal agreement for any inter-district cooperation; and
WHEREAS,on July 24,2018, the District 2 Commissioners adopted Resolution No. 7-24-2018 stating
District 2 will not accept new applications for sewer service from property owners in District 5 without a
new interlocal agreement between District 2 and District 5;and
WHEREAS,prior to submitting an application for a building permit, an applicant must show that they
have access to an adequate wastewater treatment system.The recent action by District 2 called the
availability of sewer service in District 5 into question because District 2 challenged the legality of
District 5's reliance on District 2's wastewater treatment plant;and
WHEREAS,moratoria adopted pursuant to the authority of RCW36.70A.390 are methods by which local
governments may preserve the status quo so that new plans and regulations will not be rendered moot
by intervening development;and
WHEREAS,pursuant to RCW 36.94.310-360,Water-Sewer District#5 lawfully transferred its assets and
legal rights to Lewis County on June 24,2020; and
WHEREAS,Lewis County Public Works is now the service provider for the transferred service area now
known as Middle Fork Water and Sewer System;and
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WHEREAS,the Board has agreed this satisfies the intent of the moratoria; and
WHEREAS, Ordinance 1317 may be lifted by an additional ordinance upon the circumstances herein;and
NOW THEREFORE BE IT ORDAINED that the moratorium in Ordinance 1317 is lifted. Ordinance 1294,
Ordinance 1300,Ordinance 1302, Ordinance 1308 and Ordinance 1317 therefore have no further force
and effect,except as historical evidence of this Board's action.
PASSED IN REGULAR SESSION this 27th day of July 2020,with public hearing.
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DONE IN OPEN SESSION this I 0 day ofA 7.Q20
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUN , ASHINGTON
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B : Deputy Prose ting Attorney Gary Sta per,Chair IV
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ATTEST: Edna J 'und,Vic:F ai
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Tya Les ,Clerk of the Board Robert C.Jackson,Commissioner
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NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY, WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing on July 27, 2020, starting at or after 10:00
AM. This time may change due to COVID-19. For example, the hearing may start after 3PM
as part of the only meeting of the day. Please look at the Commissioners' hearing schedule
at https://lewiscountywa.gov/offices/commissioners/agendas-calendar/ as July 27, 2020
approaches for updated details.
The public hearing will consider Ordinance 1319, an ordinance lifting the moratorium upon
certain building permits within the boundaries of the Middle Fork Water and Sewer System
(formerly known as Water-Sewer District #5).
The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room,
351 NW North Street, Chehalis, WA. At the hearing, individuals will be invited to speak
and/or provide written statements regarding the proposed changes. All individuals wishing
to speak are encouraged to attend. Written comments may be submitted in advance of the
hearing to:
Lee Napier, 360.740.2606 or lee.napier@lewiscoutywa.gov
Details about the proposals are available online at
https://lewiscountywa.gov/communitydevelopment Hard copies are available at Lewis
County Community Development, 2025 NE Kresky Ave., Chehalis WA; the Timberland
Regional Libraries located in Chehalis, Centralia, Salkum, Randle, Packwood, and Winlock;
and the Lewis County Senior Centers in Morton, Packwood, Toledo, Twin Cities (Chehalis),
and Winlock.
The meeting site is barrier free. People needing special assistance or accommodations
should contact the Community Development Department 72 hours in advance of the
meeting.
Rieva Lester/Publish in the Chronicle on July 14 and 16, 2020
BOCC AGENDA ITEM SUMMARY
Resolution: 20-234 BOCC Meeting Date: July 13, 2020
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of Public Hearing and proposed action to ratify Ordinance 1319, lifting a moratorium upon
certain building permits within the boundaries of Middle Fork Water-Sewer System - formally known
as Water-Sewer District #5
Contact: Lee Napier Phone: 360-740-2606
Department: CD - Community Development
Description:
Notice of Public Hearing and proposed action to ratify Ordinance 1319, lifting a moratorium upon
certain building permits within the boundaries of Middle Fork Water-Sewer System - formally known
as Water-Sewer District #5.
Approvals: Publication Requirements:
Publications:
User Status
July 14 and 16
Additional Copies: Cover Letter To:
Erik Martin, Lee Napier, Josh Metcalf, Eric
Eisenberg and Amber Smith
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