Board Meeting Minutes 01/05/20151
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
January 5, 2015
The Board of County Commissioners (BOCC) for Lewis County, Washington, met in
regular session on Monday, January 5, 2015, at 10:00 a.m. Commissioners Edna J.
Fund, P.W. “Bill” Schulte, and Gary Stamper were in attendance. Chair Fund
determined a quorum, called the meeting to order and proceeded with the flag salute.
Commissioner Schulte moved to approve the minutes from the 10:00 a.m. meeting
held on Monday, December 22, 2014. Commissioner Stamper seconded the motion.
Motion Carried 3-0
PUBLIC COMMENT
Hal Washburn, Cinebar, stated he would like to see the BOCC videos and minutes be
posted by the BOCC in a timely manner.
Bob Bozarth, Chehalis, spoke regarding I-594.
NOTICE
Commissioner Schulte made a motion to approve the Notice Agenda item one.
Commissioner Stamper seconded the motion.
1. Notice: Establishment of 2015 county road construction projects by County
Forces. Resolution No. 15-001
Tim Elsea, Director of Public Works, stated pursuant to RCW 36.77.070, “If the Board
determines that any construction should be performed by county forces, and the
estimated cost of the work exceeds ten thousand dollars, it shall cause to be published
in one issue of a newspaper of general circulation in the county, a brief description of
the work to be done and the county road engineer’s estimate of the cost thereof.” In this
case, the work to be done is the county forces construction projects in 2015.
The 2015 Annual Construction Program (ACP) was adopted by resolution 14-306 on
November 17, 2014 and lists portions of the 2015 Countywide 3R Program
($1,100,000), 2015 Countywide Misc. Safety & Guardrail ($25,000), and Roundtree
Road Slide Repair ($150,000) as County Forces construction projects with estimated
costs in excess of ten thousand dollars.
Motion Carried 3-0
CONSENT
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Commissioner Schulte made a motion to approve the Consent Agenda items two
through ten. Commissioner Stamper seconded the motion.
2. Resolution No. 15-002 Approval of Warrants for payment.
Chair Fund stated this approves 411 regular warrants for a total payment against the
County in the amount of $2,345,336.55.
3. Resolution No. 15-003 Cancellation of Warrants.
Suzette Smith, Auditor's Office, stated we have two warrants that were lost. The two
warrants totaling $95.00 will be voided and reissues.
4. Resolution No. 15-004 Designating Time and Location of Tax Foreclosure Sale.
Laura Rider, Treasurer's Office, stated this is a Resolution which recommends Friday
January 30, 2015 at 9:00 am for the Tax Foreclosure Sale.
5. Resolution No. 15-005 Approving an Inter-agency Agreement with Washington
State University for the Delivery of Outreach Education Programming.
Sheila Gray, WSU Extension Director, stated WSU Extension and Lewis County have
held a long standing relationship through an annual Inter-agency Memorandum of
Agreement (MOA). This year's MOA follows terms as per past agreements along with
financial support from Lewis County in the amount of $68,374 for the fiscal year of 2015.
WSU Extension is the front door to the University. It extends non-credit education and
degree opportunities to people within Lewis County. Extension builds the capacity of
individuals, organizations, businesses and communities, empowering them to find
solutions for local issues and to improve their quality of life. Extension is an accessible,
learner-centered, providing relevant, high quality, unbiased educational programs.
Extension collaborates with communities to create a culture of life-long learning.
6. Resolution No. 15-006 Contract between Lewis County Coroner’s Office and
Northwest Forensic Pathologists, P.S.
Chair Fund stated this Resolution is a contract between the Lewis County Coroner’s
Office and Northwest Forensic Pathologist, P.S. for autopsy services.
7. Resolution No. 15-007 Contract between Lewis County Coroner’s Office and
Brown and Sticklin Funeral Homes.
Chair Fund stated this Resolution is a contract between the Lewis County Coroner’s
Office and Brown and Sticklin Funeral Homes for removal services.
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8. Resolution No. 15-008 Approve Contracts with Community Allied Behavioral
Health, True North ESD 113, Eugenia Center, and Fresh Start for Drug and
Alcohol Treatment and Prevention Services.
April Kelley, Social Services Manager, stated this approves contracts between Lewis
County and Community Allied Behavioral Health (CABH), True North ESD 113, Eugenia
Center, and Fresh Start for Drug and Alcohol Treatment and Prevention Services.
These funds are then subcontracted with local treatment agencies to provide services
and activities as defined in RCW 70.96A and WAC 388-877 and 388-877B. Contracts
are effective July 1, 2014 through June 30, 2015. Contracts were delayed in getting out
to providers due to contract revisions requested by DBHR in August 2014.
9. Resolution No. 15-009 Appointing Larry Mason as an Alternate Member to the
Veterans’ Advisory Board (VAB).
April Kelley, Social Services Manager, stated there is a vacant alternate position on
the VAB which needs to be filled. It is recommended to appoint Larry Mason to the
position.
10. Resolution No. 15-010 Appointing Michael Mahoney to the Lewis County
Planning Commission.
Lee Napier, Director of Community Development, stated this is a reappointment of
Michael Mahoney to the Lewis County Planning Commission. Mr. Mahoney has served
two terms on the planning commission and would like a third term. This will be his last
term and is a four-year commitment.
Motion Carried 3-0
HEARINGS
Chair Fund announced the hearing and asked for a staff report.
Glenn Carter, Prosecutors Office, stated State law, RCW 46.08.065, generally
requires all vehicles owned or controlled by the county to be marked while used in
public business or operated on the public highways. RCW 46.08.065 authorizes county
boards of county commissioners to provide by rule or ordinance for exceptions to the
marking requirements with respect to vehicles "used for law enforcement, confidential
public health work, and public assistance fraud or support investigative purposes, and
for vehicles leased or rented on a casual basis for a period of less than ninety days."
Additionally RCW 46.08.66 authorizes the director of the Department of Motor Vehicles
on the recommendation of the Chief of the Washington State Patrol to issue confidential
plates where necessary for the personal security of a county officer or employee. The
proposal before you adds a new section to the Lewis County Code authorizing the use
of unmarked vehicles for the purposes permitted by RCW 46.08.65 through 66. We are
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proposing this change because of a recent incident in Chelan County. From time to time
the Lewis County Sheriff’s Office is engaged in investigative activities where the use of
an unmarked vehicle enhances the effectiveness of the investigation as well as provides
an extra measure of personal protection to the officers involved.
Commissioner Schulte asked how many unmarked vehicles does Lewis County own
at this time.
Tim Elsea, Director of Public Works, stated no vehicles except the Sheriff’s Office,
are unmarked.
Ron Averill asked if we are essentially passing the RCW.
Glenn Carter stated in the sense that the exception permitted by the RCW are the only
exemption that we are adopting then yes.
Hal Washburn, Cinebar, asked would this proposed Ordinance allow the Sheriff to use
the unmarked vehicle to issue speeding tickets or traffic control.
Glenn Carter stated the authorization under the statute is “Used for law enforcement,
confidential public health work, public assistance fraud or support investigative purpose
etc…” Enforcing the laws might include traffic laws.
Glenn Carter stated there were questions submitted for record purposes by Cindy
Ticknor who is a former employee of the County. She has asked that those questions
be answered as well.
1. How and who will authorize the use of an unmarked vehicle when an employee
feels threatened?
Glenn Carter answered the Ordinance incorporates state law which provides in RCW
46.08.066 (1)(c) for the Director of the Department of Motor Vehicles to issue
confidential plates standing public employee for the person security of that employee
when recommended by the Washington State Patrol Chief.
2. How will you handle the public’s concern of feeling threatened by a public
employee in an unmarked vehicle?
Glenn Carter answered in any case where a member of the public feels threatened by
public employees. He or she should contact the employee’s supervisor or law
enforcement or both.
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3. Will your decision to allow an employee to drive an unmarked vehicle, with
exception of those allowed by RCW 546.08.06, be made public?
Glenn Carter answered if the security of an employee requires the use of unmarked
vehicle there might be reasons why that employee’s identity is not disclosable. It will
depend on the circumstances of the case.
4. Will the employees who drive an unmarked vehicle pay tax for the vehicle in
accordance to the IRS tax requirement? How will you insure the tax laws are
followed?
Glenn Carter answered unfortunately he was not an expert on the tax laws and that
question is best addressed to a tax accountant or within our own county to the
accounting services employees in the Auditor’s Office.
5. How are you currently reporting unmarked vehicle use, to the IRS, for the
employee’s violating RCW 546.08.06 and other laws?
Glenn Carter answered I am not aware of any violation. It would be best addressed to
the county employees that handle the County tax issues.
6. Why are you making these changes?
Glenn Carter answered the change was proposed in response to a recent incident in
Chelan County.
Commissioner Schulte noted that we are authorizing a practice that we are currently
conducting.
7. What benefit is it to the public?
Glenn Carter answered unmarked vehicles are useful in undercover investigations.
8. Will unmarked vehicles be taken home or used for out of county travel?
Glenn Carter answered some vehicles may be used for community purposes but are
not authorized for personal use.
9. What audit tracking/documentation will be in place to insure these vehicles are
being used for county business and not personal use or to threaten or follow
people (with exception of those allowed per RCW)?
Glenn Carter answered it is dependent on the person record keeping of the individual,
checking by the employees supervisor, and reports from members of the public.
10. How long will an employee be allowed to drive an unmarked vehicle because
they feel threatened?
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Glenn Carter answered based on RCW 46.08.066 the determination whether and for
how long a public employee may drive an unmarked vehicle for person security reason
will be for the DMV Director to make on the advisory of the Chief of the State Patrol.
11. Are family members allowed to ride in unmarked vehicle?
Glenn Carter answered it would depend on the facts and circumstances on whether
and employee would be allowed to carry a family into his or her place of work in the
vehicle.
12. How will the public know if a county vehicle is being used for personal use or
when to notify the BOCC of unsafe operation or improper use if it is not marked?
Glenn Carter answered a citizen should report unsafe driving to law enforcement
whether a vehicle is marked or not.
13. Have you reviewed the State Auditor's guidelines for taxing the use of public
owned vehicles?
Glenn Carter answered the County Auditor’s tax personnel are responsible for
reviewing and applying the State Auditors guidelines.
14. How will no marking a vehicle protect an employee who feels “threatened”?
Glenn Carter answered the legislature made that determination to adopt the employee
security exception into State Law.
15. Is this Ordinance being changed to protect threatened county employees or to
allow certain employee to continue to drive an unmarked vehicle and go
unnoticed by the public.
Glenn Carter stated the proposal is being made in response to the Chelan County
incident.
Bo Rupert, Chehalis, asked what precautions are being taken to make sure this law is
followed.
Commissioner Schulte stated the State Law allows the State Patrol to use unmarked
cars for traffic stops so he does not see where this is against the State Law.
Bob Bozarth, asked out of the 14 questions identified how many of those questions
could be answered with a yes or no.
Glenn Carter stated most of the questions are not yes or no questions.
Commissioner Schulte stated we do not know how many of the Sheriff’s people are
taking home an unmarked car. If you ask specifically if there is anyone in the
Commissioners' Office being charged a tax for using that car for commuting the answer
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is no. We cannot answer that for the Sheriff’s Office. What we are doing is basically
approving current practices by adopting this Ordinance. We are changing how we do
business by adopting this Ordinance.
Chair Fund asked if there were any questions. There were none. She closed the
question and answer portion of the hearing and opened the formal hearing.
Glenn Carter asked that his previous comments be adopted into the record.
Robin Roy, Cinebar, stated she wishes the Sheriff’s Department was here so we could
ask them the questions directly. She stated she is opposed to having the unmarked
cars.
Hal Washburn, Cinebar, stated he feels it is dangerous having unmarked cars out
there doing normal police functions.
Chair Fund stated she texted the Sheriff and he is really busy today with the flood but
he estimated there are 12 unmarked cars.
Bob Bozarth, Chehalis, stated it seems to him that it is clear that the State Patrol are
within their right to have unmarked cars if they are doing undercover work. There are a
lot more questions than what we have answers for. He then told a story about an
incident that happened when dealing with the secret service. Had a uniformed office
approached him and explained the situation, it would have been a different result.
Dennis Shain, Centralia, stated there are times when the unmarked cars make a
situation unsafe. He then told a story of a personal experience with an unmarked police
car.
Ron Averill, Centralia stated he thinks some of the public is missing some of the point.
Cars that do not belong to the county are not the subject. All the rules regarding the
cars that are marked also apply to the unmarked county cars.
Chair Fund asked if anyone else would like to testify. There was none. She closed the
hearing and asked for a motion.
Commissioner Schulte stated he knows the Sheriff’s Office is very busy with flooding
this morning. It is unfortunate that we don’t have someone in the Sheriff’s Office here to
answer some of the questions that the public ask. He asked if this has to be voted on
today?
Glenn Carter stated he is not aware of a reason this has to be done today.
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Commissioner Schulte asked to table the decision for this Ordinance and asked the
Clerk to republish a Notice of Hearing.
There being no further business, the Commissioners’ public meeting adjourned at 11:12
a.m. on January 5, 2015. The next public meeting will be held Monday, January 12,
2015.
Please note that minutes from the BOCC’s meetings are not verbatim. A recording of
the meeting may be purchased at the Commissioners’ office.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
ATTEST: Edna J. Fund, Chair
Karri Muir, CMC, Clerk of the Board P.W. Bill Schulte, Vice-Chair
Lewis County Commissioners
Gary Stamper, Commissioner