Board Meeting Minutes 02/02/20151
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
February 2, 2015
The Board of County Commissioners (BOCC) for Lewis County, Washington, met in
regular session on Monday, February 2, 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, January 26, 2015. Commissioner Stamper seconded the motion.
Motion Carried 3-0
EMPLOYEE RECOGNITION
The BOCC recognized those who assisted the Lewis County Historic Celebration.
Chair Fund announced Lewis County Employee Milestone Recognition.
5 Years Recognition- Rosalia Gustin, Melody Nelson, Don Carney, Wayne Chase, Bill
Garrison, Erik Martin, Keith Muggoch, Robert Smith, and Terry Swanson
10 Years Recognition- Scott Mattoon, Michael Strozyk, Nicole Davis, Curt Atkinson,
Justin Bushnell, Arlie Champ, Adam Cooper, JR Metzenberg, Rexanne Vandiver, Ona
Felker, Stanley Langland, Julia West, Vern West, and Amber Wilson
15 Years Recognition- Ruth Allison, Tammy Bliss, Elizabeth Casteel, Kate Rico,
Michelle Schlect, Gale Sobolesky, Sherry Tyler, Reggie Kain, Tony Kinswa, Bob
Morehouse, Ed Oliphant, Keith Ritchey, Lanette Scapillato, Bruce Kimsey, Kevin
Dickey, Jason Mauermann, and Whitney McMahan
20 Years Recognition- Laura Hanson, Paul Brooks, Kenneth Lindh, Matt Mohney,
Shon Phillips, Robert Nelson, Gary Nuss, Shawn Heppe, Judge Richard Brosey, and
Kristen Buckman
25 Years Recognition- Kathy Brack, Michael Ekstedt, Dave Haviland, Debbie Knecht,
and Helen Buda
30 Years Recognition- Renee Shepherd, Jeri Lux, Dale Davidson, Jack Haskins, and
Steve Mansfield
35 Years Recognition- Steve Dobosh, Jeff Hammill, Herb Harmanson, and Lori
Mohney
2
Commissioner Fund announced last quarters Above and Beyond Award goes to Bill
Teitzel. She then announce the Employee of the Quarter Meredith Jones
CONSENT
Commissioner Schulte made a motion to approve the Consent Agenda items one
through five. Commissioner Stamper seconded the motion.
1. Resolution No. 15-041 Approval of warrants for payment.
Chair Fund stated this Resolution approves 282 regular warrants for a total payment
against the County in the amount of $1,343,314.72.
2. Resolution No. 15-042 Bid award for the retrofitted containers to be
used for waste oil collection tanks.
Tim Elsea, Director of Public Works, stated this resolution will award the retrofitted
cargo containers to be used for used waste oil collection tanks to the lowest responsible
bidder, Affordable Storage Containers, Inc.. This contract provides for purchase of five
(5) retrofitted cargo containers to be used to contain used waste oil collection tanks. A
Call for Bids was made on December 22, 2014. The project was advertised for two
consecutive weeks in The Chronicle and The Daily Journals of Commerce, Seattle and
Portland. The project was also listed on Lewis County's website. Public Works received
3 responsive bids and one non-responsive bid for this project on January 20, 2015.
Affordable Storage Containers, Inc., provided the lowest responsive bid of $56,633.04
The Engineer's Estimate for this purchase was $54,000.00. The lowest responsive bid is
less than 5% over the Engineer's Estimate. Public Works staff recommends acceptance
of the low bid provided by Affordable Storage Containers, Inc.
3. Resolution No. 15-043 Approving a Cell Phone Stipend Policy.
Steve Wohld, IT Services, stated this the County uses cell phones extensively in
operations and most employees have personal cell phones. In order to balance the
cumbersome management required when carrying multiple cell phones and reduce
costs to the taxpayers, this policy will allow designated key personnel to receive a
monthly stipend based upon the type of cell phone data plan used while conducting
County business. Each employee choosing to receive the monthly stipend would be
required to sign a "Personal Device Use Agreement" and a "Personal Mobile Device
Stipend Agreement". The purchase, all monthly payments incurred, maintenance and
replacement of the mobile device used in lieu of a County provided device would be the
responsibility of the employee. The device would remain the property of the employee
upon leaving employment with the County.
4. Resolution No. 15-044 Appointment to the Lewis County Airport System
Advisory Board.
3
Lee Napier, Director of Community Development, stated the Lewis County Airport
System Advisory Board recommends reappointment of Marshall Whipp and Sandy Floe.
Marshall Whipp and Sandy Floe have agreed to continue their service as a Lewis
County Airport System Advisory Board.
5. Resolution No. 15-045 Appointing Members to Serve as the Board of
Directors of the East Lewis County Public Development Authority.
Chair Fund stated this Resolution appoints F. Lee Grose, Bill Lotto, Ken Rankin, Blake
Griffith, and C. Gerald Monkman to the Board of Directors of the East Lewis County
Public Development Authority.
Motion Carried 3-0
HEARINGS
Hearing Ordinance 1261: Repealing and Replacing Lewis County Code Title 5.15
Music Festivals
Chair Fund announced the hearing and asked for a staff report.
Lee Napier, Director of Community Development, stated the hearing considers the
adoption of proposed Ordinance 1261 which repeals and replaces the code provisions
found in Lewis County Code Title 5.15 Music Festivals. The language that has been
amended includes definitions such as the Music Festival. We have made some
modifications to the basic provisions and the applications process. The application no
longer comes to the BOCC and is now reviewed by Community Development. There
are a few changes to the requirement section providing better guidance that promotes
health, safety, comfort of the patrons and also the community.
She discussed comments that she has received. One comment relates to a change in
text. It is on page 7 of the Ordinance section 5.15.070 section 11 waiver of rights for
inspection. There is a statement related to the consent to enter upon land and to
conduct a search. The third paragraph of that section and last sentence says the “the
search may include either a search for evidence of the mere presence of law
enforcement or county employees”. The intent was to say or the mere presence.
Comments were received from the Washington Blue Grass Organization. A copy of
their correspondence has been provided to the Clerk.
David Finn, Prosecutor's Office, stated the Music Festival provisions of the Lewis
County Code came to be applied for the first time when an application to hold a music
festival was filed and processed in September and October of 2014. Based on that
experience, county staff discovered certain provision of the code that were not perfect.
The present Ordinance is intended to remedy these provisions. Other conditions in the
Music Festival chapter appeared to set up inadequate protections to the health and
safety of attendees.
4
Commissioner Schulte commented on the Scribner’s error stating it would read better
saying either a search from evidence or the presence of law enforcement.
David Fine stated this language was recommended based on research of court
decisions. The intent of the draft was to say the search either could be a search for
evidence or it could merely be the presence of law enforcement or county employee.
Commissioner Schulte stated he prefers that language.
Ron Averill, Centralia, asked the valleys are narrow and the music tends to be
bothersome. Do we have any provision that restrict the period that they can disturb the
public.
Lee Napier section 5.15.120 music may only be presented between the hours of 8 am
and sun down unless there has been compliance with the lighting requirements in which
instance music may be presented until 10:30 pm.
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.
Lee Napier and David Fine asked that their previous comments be adopted into the
record.
Fred Hart, Chehalis, stated he is here representing the Blue Grass Association. He
explained a letter that he submitted to the BOCC. The Director of Community
Development has assured us that we are exempt under 5.15 the previous chapter and
under Ordinance 1261 presumed to be exempt. Mr. Hart had concerns that the
association would need to comply with many of these requirements that would be cost
prohibitive. He asked for a specific exemption or written confirmation from Community
Development that the association was exempt.
Gary Stamper asked if we had addressed the concerns that events like the Blue Grass
will continue to take place without impact.
Lee Napier stated she believes that this has been addressed. A historical community
event such as a well-established blue grass festival that was exempt from the code
previously would continue to exempt from the music festival code.
David Finn explained two other exemptions relative to the Blue Grass Festival.
Fred Hart stated the association didn’t feel that it was clearly stated it was exempt.
Commissioner Schulte stated from the county's definitive statement from the civil
attorney, he feels that the Blue Grass festival was exempt.
5
Chair Fund asked if anyone else would like to testify. There was none. She closed the
hearing and asked for a motion.
Commissioner Schulte moved to approve Ordinance No. 1261 with changes
proposed. Commissioner Stamper seconded.
Ordinance No. 1261 An Ordinance of Lewis County, Washington, Repealing and
Replacing Lewis County Code Title 5.15 Music Festivals.
Motion Carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at 10:32
a.m. on February 2, 2015. The next public meeting will be held Monday, February 9,
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