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2013-11-18 Board Meeting Minutes 1 BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON BOARD MEETING MINUTES November 18, 2013 The Board of County Commissioners for Lewis County, Washington, met in regular session on Monday, November 18, 2013 at 10:00 a.m. Commissioners Bill Schulte, Edna J. Fund, and F. Lee Grose were in attendance. Chairman Schulte determined a quorum, called the meeting to order and proceeded with the flag salute. Commissioner Grose moved to approve the minutes from the 10:00 a.m. meeting held on Monday, November 4, 2013. Commissioner Fund seconded the motion. Motion Carried 3-0 Public Comment Andy Skinner, LC Historical Museum thanked the Board for their support. NOTICE Commissioner Fund made a motion to approve the Notice Agenda items one through four. Commissioner Grose seconded the motion. 1. Notice of Hearing: Regarding the acceptance of the establishment of a new road crossing over the Chehalis River and changing the terminus of Hatchery Road. Hearing will be held on or after 10:00 am, on Monday December 16, 2013. Resolution No. 13-523 Tim Elsea, Public Works Director stated construction of a new bridge is planned to replace Leudinghaus Bridge No. 87 over the Chehalis River which washed out in the 2007 flood. A resolution passed by the Board of County Commissioners on July 29, 2013, ordered the County Engineer to examine the road, acquire all necessary rights of way for the new crossing, and report his findings. Since that time, the necessary right of way has been acquired, title cleared of encumbrances and deeds recorded. Submitted is the report of the County Engineer on the matter and a resolution which would set a hearing date for accepting the establishment of a new road across the Chehalis River and changing the terminus of Hatchery Road in accordance with the provisions of RCW 36.81.070. 2. Notice of Hearing: Regarding the adoption of Ordinance 1250 amending LCC 8.45-Solid Waste Rules and Regulations. Hearing will be held on or after 10:00 am, on Monday, December 2, 2013. Resolution No. 13-524 Danette York, Director of Health and Social Services stated this is a Notice of Hearing regarding amending Lewis County Code Chapter 8.45 Solid Waste Rules and Regulations will be held on November 18, 2013. This Code needs to be amended to adopt the Washington State Code by reference. This Notice will be published in the East County Journal on November 20, 2013, and in the Chronicle on November 23, 2013. The Commissioners will meet on Monday, December 2, 2013, or after 10:00 am 2 for a public hearing to adopt the amended Lewis County Code Chapter 8.45 Solid Waste Rules and Regulations. Recommendation Approve Notice of Hearing to review amended Lewis County Code Chapter 8.45 Solid Waste Rules and Regulations. 3. Notice of Hearing: Regarding the adoption of Ordinance 1251 amending LCC 8.50-Food Service Regulations. Hearing will be held on or after 10:00 am, on Monday, December 2, 2013. Resolution No. 13-525 Danette York, Health and Social Service stated this is a Notice of Hearing regarding amending Lewis County Code Chapter 8.50 Food Service Regulations will be held on November 18, 2013. This Code needs to be amended to adopt the Washington State Code by reference. This Notice will be published in the East County Journal on November 20, 2013, and in the Chronicle on November 23, 2013. The Commissioners will meet on Monday, December 2, 2013, on or after 10:00 a.m., for a public hearing to adopt the amended Lewis County Code Chapter 8.50 Food Service Regulations. 4. Notice of Hearing: Regarding the adoption of Ordinance 1249 to consider a moratorium regarding the sale, production, and processing of marijuana and related products. Hearing will be held on or after 10:00 am, on Monday, December 9, 2013. Resolution No. 13-526 Lee Napier, Community Development Director stated this resolution is to set a hearing date to consider a Moratorium regarding the sale, production, and processing of marijuana and related products. Set a hearing date to consider adopting a moratorium upon establishments involved in the sale, manufacturing, distribution or use of marijuana related products. The moratorium is adopted pursuant to the authority of RCW 36.70.795. This is the method by which local governments may preserve the status quo, so that new plans and regulations will not be rendered moot by intervening development. The County will need at least a six-month period to conduct an appropriate land use analysis and to develop appropriate recommendations for the Lewis County Planning Commission to consider regarding the issue Motion carried 3-0 Consent Commissioner Fund made a motion to approve the Consent Agenda items four through nineteen. Commissioner Grose seconded the motion. 5. Resolution No. 13-527 Approval of warrants and payroll for payment. Commissioner Grose stated there are two special purpose warrants in the amount of $149.04 and 513 warrants in the amount of $1,569,988.43 for a total amount of $1,570,797.78There are also 648 payroll warrants for a total amount of $3,515,797.78 6. Resolution No. 13-528 Cancellation of warrants. 3 Commissioner Grose stated this resolution cancels one warrant to R&R Communications Inc., in the amount of $135.00. 7. Resolution No. 13-529 Approving a grant agreement with the Lewis County Economic Development Council to accept funding under RCW 82.14.370 “Distressed Counties Fund”. Commissioner Grose stated this resolution is grant of $120,000.00 to the Lewis County Economic Development Council (LC EDC) to provide marketing efforts to the Industrial Park at Transalta (IPAT). Matt Matayoshi with LC EDC stated this is marketing for sites identified above 100 acres and infrastructure. This is a good project and he thanked the Board for their support. 8. Resolution No. 13-530 Approving a grant agreement with the City of Chehalis to accept funding under RCW 82.14.370 “Distressed Counties Fund”. Commissioner Grose stated this resolution is a grant to the City of Chehalis in the amount of $26,000.00 to repair of Steam Engine No. 15. 9. Resolution No. 13-331 Approving a grant agreement with the Port of Chehalis to accept funding under RCW 82.14.370 “Distressed Counties Fund”. Jim Rothlin, Port of Chehalis, thanked the Board for this funding. It is for an expansion of rail into the Port. This is a great benefit to one of the Port tenants. They appreciate the opportunity. 10. Resolution No. 13-332 Approving funding from the Tourism Promotion Fund No. 198 to agencies for tourism related activities. Commissioner Grose stated this resolution will approve the tourism projects in the County. This year the Board has awarded $284,500.00 to 11 different agencies for tourism funding. He read over the list and the amounts awarded to each entity. Ron Averill thanked the board for increasing the funding to the LC Veteran’s Museum. They will be bringing in the Memorial Wall next summer and they need funding to get this completed. 11. Resolution No. 13-333 Authorizing placement of an Accountant on the Lewis County Salary Grid. Daleyn Colman, Human Resource stated due to the vacancy in the Budget/Fiscal Department and year end workload, Human Resources is requesting to hire an extra help accountant position to assist in the duties of an existing employee to expedite the 4 anticipated work. The Lewis County Salary Grid (13 Step M Grid) maximum pay for an extra help (casual) employee would not be competitive to hire a skilled accountant. This request is for putting the extra help accountant at Grade 20 on the Lewis County Salary Grid (13 Step M Grid.) 12. Resolution No. 13-334 Adopting a categorized Schedule of Fees for the Department of Community Development, Public Works, and Public Health and Social Services for 2014. Danette York, Health and Social Services Director stated each year the Schedule of Fees is reviewed to determine if fees cover costs of specific items/services. Public Health & Social Services has determined that two items were inadvertently left off the 2013 Schedule and need to be added. The cost to ship water bottles has been changed to include a lower fee for only one bottle. Food Handler books and cards are being changed to Food Worker books and cards. Administrative meeting has been clarified. Community Development and Public Works had no changes. These fees will be in effect for 2014. 13. Resolution No. 13-335 Approving an inter-local agreement with Tacoma- Pierce County Health Department. Danette York, Health and Social Services Director stated Washington State requires all food workers to obtain approved food safety training by the local Health Officer or their designee every 2-3 years. Upon satisfactory completion of the class and subsequent test, the worker is provided a food worker card which must be available for inspection at the food establishment. Currently, Lewis County offers in-person classes every Tuesday at 9:00 am and the first Thursday of every month at 6:00 pm. Tacoma-Pierce County Health Department offers an interactive class that is accessible online. This enables food workers to take the class and the test at home and then print their own food worker cards. Funding for this contract will come directly from the purchase of the food worker cards. For each $10.00 original or renewal food worker card provided, Tacoma-Pierce County Health Department will receive $3.00 and Lewis County Public Health will receive $7.00. For each replacement card, Tacoma-Pierce County will receive $1 and Lewis County will receive $2.00. Contract period is from January 1, 2014 through December 31, 2016 14. Resolution No. 13-336 Approving a service agreement with Thurston County for Health Officer Services. Danette York, Health and Social Services Director stated this is a Service Agreement between Lewis County and Thurston County for Health Officer support. In December, 2013, Dr. Wood, Lewis County’s current Health Officer, will contract with Thurston County as a .80 FTE. One of her four days will be spent in Lewis County as 5 our Health Officer. It will be necessary to contract with Thurston County to reimburse them for the eight hours per week she will spend at Lewis County. Lewis County will reimburse Thurston County $46,738.00 for her services from December 3, 2013 through December 31, 2014 which includes FICA, PERS, Health & Welfare benefits, unemployment, and round trip travel between Thurston County and Lewis County paid in quarterly installments. In addition to the eight hours per week, Dr. Wood will provide non-emergency telephone consultation to Lewis County which is included as part of the lump sum compensation amount. Compensation for local health officer services above eight hours per week will be paid by Lewis County at the Health Officer’s current hourly rate. In the case of emergencies where time-intensive telephone consultation is required, the time connected will be charged at the current Health Officer hourly rate and will be in addition to the lump sum compensation amount set out. This contract is for the amount of $46,738.00 for 13 months, December 3, 2013 through December 31, 2014. If extra hours are worked or emergency phone consultations are necessary, Dr. Wood will be paid at her current hourly rate. 15. Resolution No. 13-337 Ratifying a personal service agreement between Lewis County Public Works Solid Waste Division and Reliable Enterprises for litter and illegal dump site cleanup. Tim Elsea, Public Works Director stated A Personal Services Agreement between Lewis County and Reliable Enterprises has been in effect since September 15, 2008. The agreement calls for Reliable Enterprises to pick up litter on county roads and remove illegal dump sites, as designated by the Lewis County Public Works Dept. on dates assigned by the Public Works Dept. This resolution ratifies a revised Personal Services Agreement with Reliable Enterprises in which the hourly rate paid by the County to Reliable Enterprises is increased from $38.68 to $45.09 per hour for a crew of 4-5 persons, plus a supervisor. The revised agreement states that the hourly rate will be adjusted yearly based on 65% of the change of the first half of the Consumer Price Index (CPI) for West Size B-C Urban Wage Earners. Reliable Enterprises will notify the County in writing of the adjusted hourly rate and will also provide the County with CPI tables to support the adjusted hourly rate to become effective on January 1 of each year. The reimbursement paid by the County to Reliable Enterprises for mileage has also been changed to the current Washington State per diem mileage reimbursement rate. It would be in the best interest of the public to authorize the execution of the revised Personal Services Agreement between Reliable Enterprises and Lewis County Department of Public Works and allow the continuation of litter clean-up on county right- of-ways and illegal dump site removal services provided by Reliable Enterprises. 16. Resolution No. 13-338 Approving the Applicant Agent and the Alternate Applicant Agent/contact for active, federally declared disasters and any 6 possible future declarations that may occur November 1, 2013-December 31, 2014. Tim Elsea, Public Works Director stated this resolution will appoint Tim Elsea as the Applicant Agent and Robin Saline as the Alternate Applicant Agent/Contact for all active, federally declared disasters and any that may occur between November 1, 2013 and December 31, 2014. The Emergency Management Division of the State of Washington requires Lewis County to designate an Applicant Agent and Alternate Applicant Agent. Resolution 12-371 appointed Tim Elsea as the Applicant Agent and Merrilee Kenyon as the Alternate Applicant Agent/Contact. There is a need to designate an Applicant Agent/Contact for Lewis County in all open, federally declared disasters, and for any disasters that may occur between November 1, 2013 and December 31, 2014. Lewis County Engineer, Tim Elsea, will serve as the Applicant Agent, and Robin Saline, Administrative Assistant/Grants Administrator, will serve as Alternate Applicant Agent/Contact, for the open, federally declared disasters of: November 2006 flood disaster (#1671); December 2007 flood disaster (#1734); the January 2009 severe winter storm/flood disaster (#1817); the January 2011 severe winter storm/flooding (#1963); and the January 2012 severe winter storm (#4056), and for any future declared disasters that may occur between November 1, 2013 and December 31, 2014. Commissioner Gorse read the current disasters we are still working on. 17. Resolution No. 13-339 Approving a personal service agreement with Robert Weidner. Tim Elsea, Public Works Director stated Public Works is requesting the BOCC to authorize a renewal agreement with Robert K. Weidner to act on behalf of Lewis County in Washington D.C. for Public Land, Environment & Natural Resources in conjunction with Secure Rural Schools funding. The annual dues are $12,500.00. These dues will allow Weidner to monitor and provide information on matters affecting public lands within member counties. 18. Resolution No. 13-340 Ratifying a Community Liter Cleanup Program grant agreement with the WA State Department of Ecology. Tim Elsea, Public Works Director stated the Washington State Dept. of Ecology has awarded Community Litter Cleanup Program (CLCP) Grant Agreement No. G1400184 to the Solid Waste Utility, which became effective July 1, 2013 and expires June 30, 2015. The State will fund $42,642.00 to the Utility during the two-year term of the agreement to be used for litter and illegal dump cleanup projects along public lands and roadways in Lewis County. This grant money will be used to help finance cleanup duties and pay for disposal of litter picked up by Lewis County’s inmate litter crew; Reliable Enterprises’ litter crew; and volunteer groups, such as Adopt-A-Road. The CLCP agreement has been executed by the Lewis County Public Works’ Director on October 7 7, 2013; and by an official from the State of Washington Dept. of Ecology on October 11, 2013. The resolution being presented asks for the Board of Lewis County Commissioners to ratify the executed CLCP agreement in order to help keep the litter program operating in Lewis County. These will Ratify Community Litter Cleanup Program Grant Agreement No. G1400184 with the State of Washington Dept. of Ecology and the Lewis County Solid Waste Utility 19. Resolution No. 13-341 In the matter of the proposed acquisition of additional right of way for Cousins Road, Adna, WA. Tim Elsea, Public Works Director stated Cousins Road, south of Adna requires a culvert replacement. This project will require additional right of way from three property owners. RCW 8.08.010 authorizes Counties to acquire property under the threat of eminent domain when deemed necessary by the Board of County Commissioners. Pursuant to the requirements of RCW 8.08, this resolution instructs the County Engineer to acquire right of way from owners of three properties along Cousins Road for the project. All such acquisition shall be in accordance with adopted procedures as per Resolution 09-381 and under its eminent domain authority for purposes of real estate excise tax, as per RCW 8.25 and WAC 458-61A-206(1C), and pursuant to authority and obligations of RCW title 8, notably 8.08, 8.25 and 8.26. Motion carried 3-0 Hearing Adoption of the 2014-2019 STIP and the 2014 Annual Construction Program- Resolution No. 13-342 Commissioner Schulte announced the hearing and went over the process for the hearing. Tim Elsea, Public Works Department and Mike Kroll were in attendance. Mr. Elsea went over the various places this has been presented to the community. Mike Kroll added that there was a display board at the South West WA Fair. Mr. Kroll highlighted some of the project that are in the STIP and went over what they would be doing. Mr. Elsea pointed out that on No. 19, Harrison Ave. there needs to be research and design from the Centralia city limits to the County limits. Commissioner Schulte asked if there were any questions. Ron Averill, Centralia, WA stated that the Borst Project was cut out of last year’s STIP and asked how far along is Centralia was with this project. Mr. Elsea stated Centralia has agreed to help with a grant application with the County. Tim Elsea and Mike Kroll asked that their comments be adopted into the record. Commissioner Schulte closed this portion and opened the formal hearing. There was no one who asked to testify for or against Resolution No. 13-542. 8 Commissioner Fund moved to approve resolution No. 13-542. Commissioner Grose seconded the motion. Motion carried 3-0 The Board went into recess at 10:42 am until 5:30 pm when there will be public 2014 Budget Presentation. Chairman Schulte called the meeting out of recess at 5:30 pm. He went over the process for the meeting. Lara Seiler and Becky Sisson were in attendance. Ms. Seiler went over the presentation for the group. Chairman Schulte asked if there were any questions. Ron Averill, Centralia asked if there was a 1% tax increase. Ms. Seiler stated that was correct. Mr. Averill couple of years ago we used the Transportation Funds for operational expenses; we had to do a shift. When this was done, for the next three years we had to show a raise higher than 1% in that budget to get the taxes. He asked if we were beyond that now and back to the standard amount. Dianne Dorey stated that the value of has dropped substantially in the County and that lifted the rate. That 1% is back to the 1% of the highest lawful levy. The County has gone down almost a billion dollars in five years. Mr. Averill asked if the budget accounted for Secure Rural Schools. Ms. Seiler stated it does for roads. We do not know the exact amount at this time. Commissioner Grose stated the new legislation has not spelled out what Title I, II, and III is going to be. They believe it will be around a million dollars. Mr. Averill stated he does not know of any period where the congregate meals pay for themselves. The money that the county receives from AAA is not going to cover the cost of this program. He is concerned about this in the budget. Commissioner Grose stated there is money set aside in the budget to help cover the congregate meal costs. Chairman Schulte closed the question portion and opened the formal presentation. Ms. Seiler asked that her comments be adopted for the record. Chairman Schulte asked if anyone would like to speak for or against. Mr. Averill, Centralia, WA discussed the amount the County has used in reserves over the past few years. He asked for an explanation for the difference between the Preliminary budget and the amount now being taken out of reserves. He does not see the economy improving very much over the next few years and this has him concerned. He feels that the County is going to be faced with raising taxes if the economy does not improve. The only way to get around this is to bring new businesses into the county. He is concerned that there might have been too big of an increase. 9 Commissioner Grose stated that the board shares his concerns. He noted have been some uptakes in the sales tax and revenues. There are some signs of improvement to the economy. The cash flow seems to be holding its own. Michael Strozyk, Central Services Director stated with the changes of the Budget Department the work of the department has put into this year’s presentation should be recognized. Commissioner Grose stated that this was a great presentation. There being no further business, the Commissioners’ public meeting adjourned at 6:01 p.m. on November 18, 2013. The next public meeting will be held Monday, November 25, 2013. Please note that minutes from the Board of County Commissioners’ meetings are not verbatim. A recording of the meeting may be purchased at the Commissioners’ office BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON ATTEST: P.W. Schulte, Chairman Karri Muir, CMC, Clerk of the Board F. Lee Grose, Commissioner Lewis County Commissioners Edna J. Fund, Commissioner