Ord 1319: Lewis County lifting moratorium upon certain building permits within boundaries of Middle Fork Water-Sewer System BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Aug. 3, 2020
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
An Ordinance of Lewis County 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:
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:
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PA's Office Approved
Additional Copies: Cover Letter To:
Josh Metcalf, Amber Smith, Eric Eisenberg
BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO. 1319
AN ORDINANCE OF LEWIS COUNTY LIFTING A
MORATORIUM UPON CERTAIN BUILDING PERMITS
WITHIN THE BOUNDARIES OF MIDDLE FORK WATER-
SEWER SYSTEM - FORMALLY KNOWN AS WATER-
SEWER DISTRICT #5
NOW THEREFORE BE IT ORDAINED that the Board directs Community Development
to accept and review permit applications within the Middle Fork Water and Sewer
System service boundary in the standard course of application and review for building
permits.
DONE IN OPEN SESSION this 3rd day of August, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
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'• + Edna J J . Fund
ATTEST: '.
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Rieva Lester, Clerk of the Board;'° 'sc,,Fdna J. Fund, Vice Chair
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Lara McRea
� 'y�.::: � Robert C. Jackson
By: Lara McRea Robert C. Jackson, Commissioner
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 ) [OPTION 2: UPDATED
SYSTEM—FORMALLY KNOWN AS WATER-SEWER DISTRICT ) RECITALS AND DATE]
No.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 Sewer 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, District 5 lawfully transferred its assets and legal rights to
Lewis County on June 24, 2020; and
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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
WHEREAS Lewis County on behalf of the Middle Fork Water and Sewer System is negotiating an
agreement with District 2 to provide sewer services for the Middle Fork Water and Sewer System; 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 Middle Fork Water and Sewer System
will be able to supply sewer availability forms for this purpose. Lewis County itself,through its
ownership of this sewer system,will be able to supply the service; it is only a question as to how costs
for the service are allocated between ratepayers, Lewis County,and District 2. Applicants will now be
able to demonstrate the availability of sewer to their property at the time of their building permit
application; and
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.
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; and
NOW THEREFORE BE IT FURTHER ORDAINED that the Board directs Community Development to accept
and review permit applications within the Middle Fork Water and Sewer System service boundary in the
standard course of application and review for building permits.
PASSED IN REGULAR SESSION this 3rd day of August 2020,with public hearing.
DONE IN OPEN SESSION this_day of ,_.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonatha�l Meyer, Prosecuting Attorney LEWIA/0 •TY' ASHINGTON
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By: Derosecuting Attorney ary S :mper,Chai
ATTEST: dna Fund,Vi.e t4'•it
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Rieva Lester,Clerk of the Board Ro•ert C.Jackson,Commissioner
2 ' Page
AMENDED
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 approval of 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). This hearing may also
consider the retroactive approval of such Ordinance if the Board of County Commissioners
should the Board choose to enact Ordinance 1319 prior to the hearing date to assist in
expedite the building and permitting process for those within the Middle Fork Water Sewer
System who wish to capture as much of the 2020 building season as possible.
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 @lewiscountywa.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 16,July 21, and July 23, 2020
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 ) [OPTION 2: UPDATED
SYSTEM-FORMALLY KNOWN AS WATER-SEWER DISTRICT ) RECITALS AND DATE]
No. 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 Sewer 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, District 5 lawfully transferred its assets and legal rights to
Lewis County on June 24, 2020; and
1I ' � Er :
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
WHEREA .. - ,. • -- - . - . . -. - . . • - - • - • - - • . . • Lewis•
County on behalf of the Middle Fork Water and Sewer System is negotiating an agreement with District
2 to provide sewer services for the Middle Fork Water and Sewer System; 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 Middle Fork
Water and Sewer System will be able to supply sewer availability forms for this purpose. Lewis County
itself, through its ownership of this sewer system, will be able to supply the service; it is only a question
as to how costs for the service are allocated between ratepayers, Lewis County, and District 2.
Applicants will now be able to demonstrate the availability of sewer to their property at the time of their
building permit application; and
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.
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; and
NOW THEREFORE BE IT FURTHER ORDAINED that the Board directs Community Development to accept
and review permit applications within the Middle Fork Water and Sewer System service boundary in the
standard course of application and review for building permits.
PASSED IN REGULAR SESSION this2-t#3rd day ofJAugust 2020, with public hearing.
DONE IN OPEN SESSION this day of_,_.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Deputy Prosecuting Attorney Gary Stamper,Chair
ATTEST: Edna J Fund,Vice Chair
Rieva Lester, Clerk of the Board Robert C.Jackson,Commissioner
21 Page
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS(BOCC)
Business Meeting minutes
July 27, 2020
Present: Commissioner Stamper, Commissioner Fund, Commissioner Jackson
Recorder: Rieva Lester
Commissioner Stamper called the meeting to order at 10:01 a.m., determined a quorum and then
proceeded with the flag salute.
PUBLIC COMMENT
Andy Alexander of Chehalis said he is frustrated with the process related to Water-Sewer District 2.
Larry McGee discussed his frustration with the Fox Run development. He thanked the county for its
efforts to move forward.
NOTICE ITEM
Commissioner Fund made a motion to approve Resolution 20-254. Commissioner Jackson seconded.
Resolution 20-254. Call for bids for the Tucker Road Improvements Project, Federal Aid Project No.
STPR-F212(001), Federal Contract No.TA-6968, F.A.Agreement No. LA 9901,County Road Project No.
2189-C. Bids are due to the Clerk of the Board by 12:30 p.m.Aug. 18,2020.
Public Works Director Josh Metcalf spoke to the resolution. He said the bids will be for an asphalt repair
and repaving project for Tucker Road.
Motion passed 3-0.
CONSENT ITEMS
Commissioner Jackson made a motion to approve minutes from the July 20,2020, meeting as well as
Resolution 20-255. Commissioner Fund seconded.
Resolution 20-255: Approval of warrants/claims against the various county departments.
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Financial Analyst III Grace Jimenez, representing the Auditor's Office, said warrants 831,044 through
831,170 were issued in July for payments against the county totaling $177,271.58.
Motion passed 3-0.
DELIBERATION ITEMS
Commissioner Fund made a motion to approve Resolutions 20-256 through 20-259. Commissioner
Jackson seconded.
Resolution 20-256: Middle Fork Water and Sewer System Fund 4100 Authorizing a Cash Flow Loan
from Capital Facilities Plan Fund No. 3100.
Public Works Director Josh Metcalf spoke to the resolution. He said the 20-year loan cash-flow loan is to
cover the acquisition of Water-Sewer District 5.
Resolution 20-257: Set Armed Security Officer wages.
HR Specialist Daleyn Coleman spoke to the resolution. She said the positions will be covered by
Coronavirus Relief Funds.
Resolution 20-258: Authorize an MOU between Lewis County Superior Court/ Lewis County District
Court and the Southwest Washington Fairgrounds to provide a safe space for social-distancing jury
selection.
Southwest Washington Fair Manager Tamara Hayes spoke to the resolution. She said the courts will
use the fairgrounds for jury selection beginning Aug. 3 to allow for social distance in response to the
COVID-19 pandemic.
Resolution 20-259:Approve a contract for the Southwest Washington Fairgrounds Blue Restroom
remodel.
Southwest Washington Fair Manager Tamara Hayes spoke to the resolution. She said funding through
the Commerce CARES Act is allowing for a remodel to allow for social distanced restroom use.
Motion passed 3-0.
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HEARING
Ordinance 1319:An Ordinance of Lewis County lifting a moratorium upon certain building permits
within the boundaries of Middle Fork Water-Sewer System-formally known as Water-Sewer District
#5.
Commissioner Stamper introduced the hearing.
Lee Napier gave the staff report. She said the ordinance would lift the moratorium on development
permits in the Middle Fork Water-Sewer System,formerly known as Water-Sewer District 5.She said the
moratorium was imposed because Water-Sewer District 5 and Water-Sewer District 2 (WSD2),which
jointly provide sewer service in the area, had a dispute that called into question the sewer service's
availability. She said Lewis County has now taken over the infrastructure from Water-Sewer District 5,
and it is negotiating a renewed interlocal agreement with Water Sewer District 2 to ensure sewer
service. She said county staff hoped to finalize the agreement by today, but it is not finalized.Therefore,
she said, staff is requesting that the commissioners table the hearing and further consideration on the
ordinance until their next business meeting, which will be Monday,Aug. 3, 2020.
Commissioner Jackson made a motion to table Ordinance 1319 until Aug. 3, 2020.
Commissioner Fund seconded.
Commissioner Jackson withdrew his motion to table the ordinance.
Commissioner Stamper asked if there were any questions.
Larry McGee asked if the two parties are discussing fees.
Josh Metcalf said they are.
Greg Lund asked if Water-Sewer District 2 had submitted an agreement for review.
Josh said WSD2 submitted a red-lined draft agreement.
J Vander Stoep asked if Josh believes an agreement can be reached within the next week.
Josh said he is not sure. Erik Martin said the county needs to make sure the financial piece is good for
the ratepayers and that the county needs to analyze the legal aspect of the proposal.
Andy Alexander asked if the county feels it has been dealt with fairly.
Josh said he feels WSD2 will work toward a solution.
Commissioner Fund asked if more advocacy is needed.
Josh said he appreciates the advocacy received thus far.
Mike Ayers asked if building permits can be issued soon so construction can begin.
Lee Napier said individuals can get permits as soon as the moratorium is lifted.
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Lee Napier asked that her previous comments be adopted into the record.She said she would like to
continue the staff report upon resumption of the hearing.
Commissioner Stamper asked if anyone wanted to speak for or against the resolution.
Larry McGee discussed friction in the past and his hopes for a successful process in the future.
Rieva Lester read into the record written statements from Greg Lund,Jens Jorgensen, Mark Giffey and
Andy Alexander.
Greg Lund further discussed improvements to the area and his frustration with the process.
J Vander Stoep said the commissioners heard WSD2 say on the record that WSD2 would move forward
with the agreement as soon as the conflict with Virgil Fox is resolved. He said WSD2 has had 1.5 years to
work on the agreement. He said if the issue isn't resolved by Aug. 3,the county should lift the
moratorium. Doing so, he said,would highlight the fact that WSD2 is the problem.
Mike Ayers said there is nothing wrong with the water-sewer system. He said all of the disputes are
political. He said countless prospective buyers have walked away because of the disputes.
County Manager Erik Martin said the county will do a thorough analysis of the fees proposed by WSD2.
He said it will be up to the BOCC to weigh a potential overcharge by WSD2 versus the plan to lift the
moratorium. He noted that the higher rates puts the onus on the ratepayers.
Josh Metcalf said the proposed base rate is a $3,000 separation.
Commissioner Stamper noted that WSD2 would not maintain sewer.
Commissioner Jackson made a motion to table Ordinance 1319 until Aug. 3, 2020, and to hold open all
aspects of the hearing until that time.
Commissioner Fund seconded.
Motion passed 3-0.
ANNOUNCEMENTS
Commissioner Fund discussed a letter Gov.Jay Inslee sent regarding the proposed water retention
facility.
At 11:02 a.m.,the meeting paused due to technical issues.The meeting resumed at 11:07 a.m.
Commissioner Fund continued discussing Inslee's letter regarding the water retention facility.
Erik Martin noted that the letter doesn't indicate that the governor is pulling away. He said it merely
shows that the SEPA needs to be paused. He said the District can take the opportunity to reach out to
the public to better explain the project.
Commissioner Jackson left at 11:10 a.m. and returned at 11:11 a.m.
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COVID-19
Erik Martin said there were new cases reported on July 25 and 26.
The group discussed further guidance expected from the governor's office regarding new restrictions.
JP Anderson discussed work regarding school reopenings as well as jury selection.
The group discussed the upcoming release of information regarding the potential awardees for the
Coronavirus Relief Funding. Becky Butler said she will reach out to Matt Matayoshi to request that he
provide the information via email.
Larry McGee said the group will ask the commissioners to consider nonprofits if another round of
funding is available.
Becky Butler said the RFP for the broadband project has been posted online and that it will appear in the
newspaper July 28.
PRESS CONFERENCE
No questions.
ADJOURNMENT
The BOCC Business Meeting adjourned at 11:22 a.m.,with the next Business Meeting scheduled for
Monday,August 3, 2020, 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 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 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.
BOARD OF COUNTY COMMISSIONERS
LEWIS C•UNTY,WASHINGTON
4if
ary Sta per,Ch it
ATTEST: • a J. F 4 nd,Vice . air
Rieva Lester,Clerk of the Board Robert C.Jackson, Commissioner
5