2012-06-04 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
June 4, 2012
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, June 4, 2012 at 10:00 a.m. Commissioners F. Lee Grose, Bill
Schulte and Ron Averill were in attendance. Chairman Grose 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, May 21,
2012. Commissioner Averill seconded the motion.
Motion Carried 3-0
RECOGNITION
Wendy Carolan
Commissioner Averill stated we are here this morning to recognize one of our
veterans who served on our Veterans Affairs Board for the past six years. We have a
number of veterans who have problems adjusting in society or have other problems and
they need help. Many years ago the State Legislature established a fund that Counties
could develop to assist indigent veterans needing assistance. We have established a
Veterans Affairs Board to overlook the disbursement of those funds. Under Wendy’s
guidance we are also able to get them to other resources available from the Federal
and State Government so they can get back on their feet and participate in society.
Wendy has chaired this Veterans Affairs Board for all the six years she has been on this
board. She has done a very good job and we have been fortunate to have her guidance
in the disbursement of these funds. We want to thank Wendy for the contributions she
has made to the veterans of Lewis County.
Wendy Carolan stated she really appreciates the opportunity she has had working for
the advisory board. We have made a lot of accomplishments but there is much more to
be done. Thank you for the honor and privilege to serve.
PROCLAMATION
1. Proclamation: Honoring the 2012 W.F. West High School Girls Fastpitch Team
State Champions.
Commissioner Grose read the Proclamation into the record.
Commissioner Averill moved to approved Proclamation Item one. Commissioner
Schulte seconded.
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Chelsie Fechtner, WF West High School Senior, stated they have taken 3rd in State
for the past two years before they took the championship this year.
Commissioner Averill stated this is a great achievement. There are a lot of teams in
each of the divisions so to come to the top in this competition is a huge achievement.
Congratulations.
Motion Carried 3-0
Commissioner Averill moved to approved Proclamation Item two. Commissioner
Schulte seconded. Commissioner Schulte read the proclamation into the record.
2. Proclamation: Honoring the 2012 Pe Ell High School Girls Fastpitch Team
State Champions.
Amanda Woods, Pe Ell High School Senior, stated this year was a lot of fun and the
team is like a big family. There are three seniors on the team.
Motion Carried 3-0
Commissioner Averill moved to approved Proclamation Item three.
Commissioner Schulte seconded. Commissioner Averill read the proclamation
into the record.
3. Proclamation: Honoring the 2012 Pe Ell High School Girls Track Team State
Champions.
Commissioner Averill stated when he was in school he ran track. Track and Field is a
little bit of a different sport and is made of up individual contest that put together bring a
team total. For Pe Ell three girls managed to win the State Championship by
participating in more than one event.
Sami Robinson, Pe Ell High School, stated she took 1st in javelin, second in the
long jump, second in the triple jump, and third in 100 hurdles.
Alissa Brooks-Johnson, Pe Ell High School, stated at state she did the 200 meter
dash, the long jump, the 100 hurdles, and the 300 hurdles and took first in all of them.
This is the third State Championship that they have won.
Sami Robinson stated Emily Denney finished fifth in the discus.
Motion Carried 3-0
Commissioner Averill moved to take a five minute recess for pictures. Commissioner
Schulte seconded. Meeting recessed at 10:30 am
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BOCC meeting come out of recess at 10:35 am
CONSENT
Commissioner Averill moved to approve Consent Agenda items four through ten.
Commissioner Schulte seconded the motion. Candace Hallom read the items into the
record.
4. Resolution No. 12-176 Approval of warrants for payment.
Commissioner Averill stated this Resolution approves 454 warrants issued by the
Auditor’s Office totaling $1,001,460.88.
5. Resolution No. 12-177 Approving an agreement with the Washington State
Office of Public Defense for Public Defense Improvement Funds.
Commissioner Averill stated this Resolution approves Amendment No. 1 to an
Interagency Agreement between Lewis County and the Washington State Office of
Public Defense including an additional distribution of funding in the amount of
$45,653.00 bringing the total amount for CY 2012 to $91,306.00. These funds are
committed to Public Defense improvement.
6. Resolution No. 12-178 Approving a professional service contract with
Community Allied Behavioral Health for chemical dependency treatment.
Tara Smith, Public Health and Social Services stated this contract is to provide
funding for chemical dependency treatment for low income and indigent adults in Lewis
County who are identified as having a chemical dependency addiction. This contract
started March 1, 2012 and will go through June 30, 2012 and is in the amount of
$62,000.00. This contract was awarded through an application process that started in
January and is a new treatment agency in our community. They are two former
Providence Addiction Recovery Center employees. When the hospital closed down their
treatment facility they took their severance pay and retirement and decided to go out on
their own.
Commissioner Averill stated we were put into a quandary when Providence, due to
financial problems, decided to close the Providence Addition Recovery Center at
Providence Hospital in Centralia. On the good side Providence gave a lot of help to
Wendy and David to get their business started. They are currently located on Kresky
Blvd.
7. Resolution No. 12-179 Approving an agreement with the Washington State
Military Department for FFY 2011 State Homeland Security Program funding.
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Michael Strozyk, Director of Central Services, stated annually we receive a contract
that is a pass through contract starting at the Federal Government through the State
Patrol and ends with the State Department of Military and is then allocated out to the
Homeland Security Regions and then down to the local level. This funding is in the
amount of $41,557.00. Although we classify it under the FFY 2011 the dates that the
contract is applicable is September 2011 to May 2014. Although it is $41,557.00, 33%
of that has to be allocated to Law Enforcement under the Law Enforcement Terrorism
Prevention Program. This will leave about $28,000.00 at a local level for
communications, training, exercises, planning, and other equipment as determined by
the Lewis County Homeland Security Committee.
8. Resolution No. 12-180 Authorizing the acquisition of additional right of way for
Chandler Road, Doty, WA.
Larry Unzelman, Real-estate Service Manager, stated Chandler Road, north of Doty
will require a culvert replacement. This project will require additional right of way from
three property owners. The attached resolution would grant authority to the Public
Works Department to acquire the necessary additional right of way for the culvert
replacement project. Procedures for acquiring necessary right of way, adopted by
Resolution 09-381, will be followed.
9. Resolution No. 12-181 Approving an interagency agreement with the
Washington Department of Transportation regarding use of radio
communication sites.
Larry Unzelman, Real-estate Services Manager, stated Lewis County and the
Washington State Department of Transportation (WSDOT) share various radio
communication sites throughout Lewis County. The sites are commonly referred to as the
Hopkins Hill Radio Site, the Dog Mountain Radio site, Bennett Road Stockpile and the
Lewis County Courthouse Radio Tower. To authorize the shared use of these sites, for the
past several years Lewis County has leased radio communication sites from the WSDOT,
and WSDOT has leased radio communication sites from the County. Rather than continue
to administer individual leases, WSDOT and the County are proposing to enter into an
interagency agreement to provide for reciprocal use of these sites. This resolution would
approve the interagency agreement and authorize the Board of County Commissioners to
sign the agreement.
Commissioner Averill stated previously when we had individual contracts for each site
there was a fee or rental charge for it. Now that we are doing this sharing agreement
there is no charge to any of the parties.
10. Resolution No. 12-182 Approving an inter-local agreement with Cowlitz County
for work done by County Crews.
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Tim Elsea, Director of Public Works, stated RCW 39.34 and RCW 47.28.140 permit
governmental entities to contract between each other for reimbursable work. Cowlitz
County has requested an agreement for our road crews to do stripping of approximately
1180 miles of various roads in Cowlitz County. Lewis County has the personnel and
equipment to provide the striping services. This Resolution will allow Cowlitz County to
request services and compensate Lewis County for this service based on a
reimbursable work order. The estimated cost for the labor and equipment is $81,769.88
with an additional administrative fee of $1,500.00 for a total of $83,269.88. This work is
only to be done if it does not interrupt or interfere with Lewis County’s regular schedule
and will be completed by December 31, 2012. Cowlitz County will provided materials to
include traffic paint and beads for the project. We performed this service for them last
year and it was very successful.
Motion Carried 3-0
HEARING
• Hearing: Non–exclusive franchise to Fatbeam, LLC-Resolution No. 12-183
Hearing: Non-Exclusive Franchise to National Frozen Foods
Chairman Grose announced the hearing and asked for a Staff Report.
Larry Unzelman, Real-estate Service Manager, stated Fatbeam, LLC has requested a
non-exclusive franchise for the construction, operation and maintenance of a fiber
network on Bryden Ave, Mt Vista Rd, and N Scheuber Rd rights of way in Lewis County.
This non-exclusive franchise will authorize the use of road right of way for 5 years for
this purpose. Resolution 12-151 passed by the BOCC on May 14, 2012, set June 4,
2012 as the date for hearing on the matter. This franchise is being granted pursuant to
and in conformance with RCW 36.55 and Lewis County Code 12.25 through 12.50, for a
non-exclusive Franchise to construct, operate and maintain a fiber network within
Bryden Ave, Mt Vista Rd and N Scheuber Rd rights of way. RCW 36.55 requires that
no hearing be held on a proposed franchise grant until 5 days after the last publication
date, and 15 days after posting of the notice thereof in three public places. Publication
must be twice in the official newspaper for publication in the County. Publication
occurred on May 16 & 23, 2012 in the East County Journal and May 17 & 24, 2012 in
the Chronicle, and the franchise was posted in three public places.
Chairman Grose asked if there were any more questions. There were none. He closed
the question and answer portion of the hearing and opened the formal hearing.
Larry Unzelman asked that his previous comments be adopted into the record.
Chairman Grose asked if there were any other statements for public testimony. There
were none. He closed the hearing and asked for a motion.
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Commissioner Schulte moved to approve Resolution No. 12-183. Commissioner
Averill seconded the motion. Candace Hallom read the item into the record.
Resolution 12-159 In the Matter of a nonexclusive Franchise to Fatbeam, LLC, to
construct, operate and maintain Telecommunications Facilities on County Rights-
of-Way; and setting forth conditions accompanying a grant of a nonexclusive
Franchise; and providing for County Administration and regulation of the
nonexclusive Franchise.
Motion Carried 3-0
• Hearing: Adoption of amendments to the LC Comprehensive Plan Land use
maps-Resolution No. 12-184
• Adoption of Ordinance 1238- amending Chapter 17.200.020(1), the official
Lewis County Zoning Maps.
Chairman Grose announced the hearing and asked for a Staff Report.
Robert Johnson, Director of Community Development, stated the purpose of this
hearing is in response to a Growth Board Order arising from a rezone that took place in
2010. The decision the Board made in 2010 was appealed and the Growth Board
issued a final decision and order and the action being proposed today would resolve the
issues with respect to that. There are copies of the packet for the Comprehensive Plan
changes and the Development Regulation Zoning changes with all the staff material
available for the public to view. This hearing and the hearing before the Planning
Commission was noticed and published in The East County Journal on May 9th and May
16, 2012. The Planning Commission held a workshop on May 8, 2012 and had a
public hearing on May 22, 2012. They transmitted their recommendation to approve the
map changes to the comprehensive plan, land use element, and the resource lands
map. They also made recommendations to adopt the change to the official zoning map
LCC 17.200.020 (1). There was also a proposal to amend and add a definition to
“contiguous” and the Planning Commission did not recommend that nor does the staff
recommend that you adopt any definition as proposed.
Glenn Carter, Prosecutors Office, stated normally we come to you on Comprehensive
Plan matters once a year in November or December. The reason that we are coming to
you in June is because this is a compliance matter and compliance is an exception to
the once a year amendments to the Comprehensive Plans. We are dealing only with
the Mineral Lake Rezone. What the Growth Board ruled on the appeal for this particular
Mineral Lake Rezone is that the rezone of this property into the second of the two
classification of Forest Resource Land (FRL) that we have in Lewis County going from
Forest Resource Lands of Long Term Commercial Significance (FRLLTCS) to Forest
Resource Lands of Local Importance (FRLLI) classification. The Growth Board
presumed that there were other properties in Lewis County that should have been
changed at the same time. The Growth Board finds that there are inconsistencies with
respect to this particular land being rezoned to FRLLI and other land remaining
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FRLLTCS. The important part about this is to understand that all of these lands,
regardless if they are classified as FRLLI or FRLLTCS, are both FRLLTCS for purposes
of the Growth Management Act (GMA). As a result of the rezone and anything that we
do today there will be no reduction in FRL for purposes of the GMA in Lewis County.
What we are dealing with is not a de-designation of FRL, what we are dealing with is a
change of classification. What we have proposed in addressing this alleged
inconsistency is to determine if there were inconsistencies. Through the work we have
dealt with we have come up with three proposals. W ith respect to the Land Use Map,
when we changed the zoning to the Mineral property we changed that classification to
FRLLI and it appeared different on the Land Use Map. Working with Staff we will
address those inconsistencies by proving only a designation of FRL on the Land Use
Map so there will not be a distinction in the classifications. The classification will be
found on the zoning map. In the process of going through compliance, staff was
contacted by Mr. Stinson who indicated that his land was actually classified as FRLLI
back in 1996 and 1997. We have found and located records that the BOCC did receive
opt in applications to rezone their properties from FRLLTCS to FRLLI. In 1996 and 1997
we found there were these properties that did opt in and were granted that opt in status
but for whatever reason the maps did not show them as FRLLI. The third thing we are
proposing to do is correct that mapping error. The forth eliminate is one that was
proposed before the Planning Commission and that concerned the definition of
contiguous. The Growth Board found that we reinterpreted it differently from back in
1996 and 1997. One of the proposals was to change that definition to contiguous.
Contiguous is addressed in other parts of the code. The proposal was to try to come up
with a definition to address all the situations that could arise and we came up with a
definition and the Planning Commissioners were concerned that it was not flexible,
comprehensive, or could not deal with all the situations that might arise. They felt that
the existing process that had been used was flexible, comprehensible, and in
conjunction with the criteria spelled out in the code.
Commissioner Averill asked what the difference between FRLLI and FRLLTCS. What
separates them?
Mike McCormick, Planning Consultant, stated there are seven criteria for FRLLTCS
and five for FRLLI. Two elements that affect this is the size and the second is in the
case of FRLLI there can be other development adjacent to it.
Ron Nielson, Mineral, asked if this has been approved by the Growth Management
Hearing Board.
Glenn Carter stated this has not at this time, the process is that the County is coming
back with their compliance on how the County sees it is going to comply with this order
and then this will go to the Growth Board who will hold a hearing on the action with
respect to the compliance.
Ron Nielson asked if there is going to be more land taken out of productivity when you
go from 80’s to 20’s.
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Glenn Carter stated we do not know for sure how the land will be used in the future.
With respect to residential uses only 1 in 20 as opposed to 1 in 80 applies to only
residential uses. Theoretically the FRL in either classification could be used for a saw
mill or other commercial purposes allowed in FRL regardless. Part of the proposal is
that 1200 plus will have no residential uses. It is hard for us to speculate how this land
will be used.
Ron Nielson asked why did you withdraw the determination of non-significant.
Mike McCormick stated this is merely correcting mapping errors and they are exempt
from SEPA so there is no requirement to go through the SEPA process for what we are
proposing.
Glenn Carter stated the Board will have an opportunity to consider a definition and if
they decide to adopt a definition then there would be a SEPA process that would need
to be done. It they take our recommendation of not adopting then there would not be a
SEPA process beyond that.
Ron Nielson stated there are 800 acres across the Mineral Hill Road from the
Forecastle property surrounded by County or State roads. Will it fall in the same
category you are proposing here?
Mike McCormick stated if the property owner of that property chose to make an
application and in their judgment met the criteria required under Lewis County Code
then that would be something the County would consider in the process but there is no
way to predict that.
Chairman Grose asked if there were any more questions. There were none. He closed
the question and answer portion of the hearing and opened the formal hearing.
Robert Johnson, Glenn Carter, Mike McCormick asked that their previous comments
be adopted into the record.
Ron Nielson provided written documentation to the Clerk. He asked the Board to
rescind their order of 80’s to 20’s for Forecastle Timber. In terms of government
transparency and public notice the County has been lacking. There was a fifteen day
notice in which we could review paperwork at the Community Development Office and
he went seven days before the 22nd hearing and it was not available. The document he
currently has doesn’t show the maps in color which makes it hard to see.
Eugene Butler, Chehalis, provided his written testimony to the Clerk and stated he
opposes this proposal. He stated there have been attempts this morning to justify this
and by analogy we have three classifications for rural residential lands 5, 10, and 20
acres and two classifications for forest land. They are distinct classification in the
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zoning codes as we have written it. He agrees with the Planning Commission and staff
that the definition of contiguous is not proper. Adopting the map error is ok.
Glenn Carted stated we have set out these arguments and the pleading we have filed
with Superior Court in the case is that there is a failure on the part of the petitioners to
recognize that FRLLI is an opt in designation. The opt in is at the initiative of the owner.
The Board went into recess at 11:55 am, for 20 minutes. The Board came out of
recess at 12:15pm.
Glenn Carter stated he read the submission provided by Mr. Neilson which consisted of
a letter written to the Board from Wyatt Golding. It has various attachments which are
some of the submission that were made to the Planning Commission as part of this
process. He also read the memorandum by Mr. Butler which reflects his previous
testimony. We believe the proposal that we have made provides the information that the
public needs.
Commissioner Averill moved to strike all reference in Ordinance 1238 regarding the
definition of “contiguous”. Commissioner Schulte seconded.
Motion 3-0
Chairman Grose asked if there were any other statements for public testimony. There
were none. He closed the hearing and asked for a motion.
Commissioner Averill moved to approve Resolution No. 12-184. Commissioner
Schulte seconded the motion. Candace Hallom read the item into the record.
Resolution 12-184 Amending the Lewis County Comprehensive Plan Land Use
Maps to Correct Mapping Inconsistencies and Establishing a Single Forest
Resource Land Designation Consistent with the Growth management Act, RCW
36.70A.
Motion Carried 3-0
Commissioner Schulte moved to approve Ordinance 1238. Commissioner Averill
seconded the motion. Candace Hallom read the item into the record.
Ordinance 1238 An Ordinance of Lewis County, Washington Amending Chapter
17.200.020 (1) Lewis County Code, Official Zoning Map, Correcting
Inconsistencies Relating to Mapped Forest Resource Lands.
Motion Carried 3-0
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There being no further business, the Commissioners’ public meeting adjourned at 12:27
pm on June 4, 2012. The next public meeting will be held Monday, June 11, 2012, at
10:00 a.m.
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: F. Lee Grose, Chairman
Clerk of the Board P.W. Schulte, Commissioner
Lewis County Commissioners
Ron Averill, Commissioner