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2012-06-18 Board Meeting Minutes 1 BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON BOARD MEETING MINUTES June 18, 2012 The Board of County Commissioners for Lewis County, Washington met in regular session on Monday, June 18, 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, June 11, 2012. Commissioner Averill seconded the motion. Motion Carried 3-0 NOTICE Commissioner Averill moved to approve Notice Agenda item one. Commissioner Schulte seconded the motion. Candace Hallom read the item into the record. 1. Call for Bids: For the Koontz Road Widening Project. Bids are due by 11:00 am to the Clerk of the Board on July 10, 2012. Resolution No. 12-194 Tim Elsea, Director of Public Works, stated this resolution will authorize competitive bid requests for contractor construction anticipated to begin in August, 2012. This project is listed as number 9 on Lewis County’s 2012 Six Year Transportation Improvement Program. this contract provides for the improvement of 1.71 miles of Koontz Road in Lewis County by widening and reconstructing roadway, crushed surfacing base, top course, planing, hot mix asphalt overlays, shoulder finishing, placing pavement markers, installing flexible guide posts, traffic control, constructing culverts, placing guardrail, and other work. Koontz Road Widening is grant funded ($748,000—CRAB RAP, $1,000,000—FHWA STP, and $552,000—Lewis County) and Lewis County has received written authorization from WSDOT Local Programs to advertise for construction. Sealed bids for the Koontz Road Widening Project shall be submitted to the Clerk of the Board of Lewis County Commissioners (351 N.W. North Street, Room 210, CMS-01, Chehalis, Washington 98532), by or before 11:00 A.M. on Tuesday, July 10, 2012 and will be opened on or after 11:30 on July 10, 2012. Bids submitted after 11:00 AM will not be considered for this project. This contract will be available for viewing on Lewis County’s Web Site after the successful execution of the Bid Call. Motion Carried 3-0 CONSENT Commissioner Schulte moved to approve Consent Agenda items two through nineteen. Commissioner Averill seconded the motion. Candace Hallom read the items into the record. 2 2. Resolution No. 12-195 Approval of warrant for payment. Commissioner Averill stated this Resolution approves 232 warrants issued by the Lewis County Auditor’s Office for a total of $916,425.80. 3. Resolution No. 12-196 Pertaining to competitive bidding with advertisement and formal sealed bidding. Commission Averill stated this Resolution approves new rules in accordance with RCW 39.04.190 and superseding RES 95-041 for competitive bidding reference advertisement and formal sealed bidding with respect to purchases and leases under $25,000.00. The new rules increase the amount from $2,500.00 to $5,000.00 where advertising and bidding may be dispensed. Purchases from $5,000.00 to $25,000.00 may dispense with advertising and bidding by selecting from a vendor list solicited by the County Auditor at least twice yearly. Purchases above $25,000.00 must be advertised and sealed bids must be received. 4. Resolution No. 12-197 Acceptance of an agreement for Jail Facilities with the Washington State Department of Corrections. Kevin Hanson, Jail Administrator, stated this Resolution creates an agreement between the Lewis County jail and the Washington State Department of Corrections to house prisoners who were otherwise lawfully committed to the custody of the Department of Corrections. This agreement is similar in content and scope to the other Lewis County Jail Contract inmate agreements. In return for housing, the Washington State Department of Corrections shall pay a per-diem rate of $65.57 per bed/day. The Department shall be responsible for extraordinary medical and prescription costs. This is a one year contract, expiring December 31, 2012. Commissioner Averill asked if this is a renewal and if we are getting more money on this contract then we did previously. Kevin Hanson stated we have had existing contracts prior to this with the Department and this is a 5 % increase and is retro from the first of the year. 5. Resolution No. 12-198 Approving a contract with the Community Mediation Center of Lewis County to assist residents in resolving disputes through mediation. 6. Resolution No. 12-199 Approving a contract with the Community Mediation Center of Lewis County to provide family court mediation and indigent mediation services to all domestic relations cases involving children. 3 Crystal Partee, Clerks Office, spoke to items five and six and stated Resolution No. 12-198 is a contract with Lewis County and the Community Medication Center of Lewis County to assist Lewis County residents in Resolving Disputes through mediation. This contract is for the year 2012 in the amount of $18,000.00 per year. Resolution No. 12- 199 is a contract that is also with the Community Mediation Center of Lewis County and it is to perform family court mediation and indigent mediation services in family law cases involving children. This contract is for the year 2012 and is in the amount of $17,000.00. Commissioner Averill stated both of these are funded by a fee that comes out of court fees. Crystal Partee stated Resolution 12-198 is funded through a surcharge upon Lewis County District Court filing fees. Resolution No. 12-199 is funded from a surcharge on marriage license fees. 7. Resolution No. 12-200 Approving the re-establishment of Senior Fund 199. Dawna Truman, Budget Director, stated the Senior Services Fund 199 was closed pursuant to Resolution No. 11-353 in November of 2011 as the programs related to this fund were assumed by Catholic Community Services (CCS) of Western Washington on January 1, 2010. CCS has chosen not to renew their contract with Lewis County which supports the Senior Enrichment programs at five Senior Centers in the county and it appears to be in the best public interest for Lewis County to assume the responsibility of the Senior Enrichment programs. As a result of Lewis County assuming the responsibility of the Senior Enrichment programs it is appropriate to re-establish Fund No. 199 as a special revenue fund to account for the resources that are restricted, committed, or assigned for expenditures associated with the Senior Enrichment programs. Commissioner Averill stated several years ago the County ran the Senior Center Program providing for nutritional meals, senior transportation, as well as an enrichment program that covered additional meals not provided by nutrition. The Enrichment program was taking a lot of the County General Fund and so we turned to CCS to find a way of getting that operation to be more self-supportive. CCS was known for doing fundraising so we thought that they could help support this program. After two and a half years of operation CCS informed us that the enrichment program had too many demands and there wasn’t sufficient funding for it and they were no longer interested in running that program. The Senior Centers are very important to the BOCC and we have no intention of allowing them to go under or for their program to be diminished. We are now back in the business of the enrichment program. We have been talking with the boards of each of the Senior Centers. It will be required for the Seniors to help us raise funds to support this program. The CCS will continue to run the transportation and nutrition programs in the centers. 4 8. Resolution No. 12-201 Approving the establishment of Debt Service Fund 211 for the purpose of establishing a reserve to pay the debt service for the Drinking Water State Revolving Fund loan. Dawna Truman, Budget Director, stated the Drinking Water State Revolving Fund loan contract was authorized on March 4th, 2011 between Lewis County and the Washington State Public Works Board for Vader Water Distribution system improvements with Resolution No. 11-112. The contract provides a loan, of which half will be forgiven, from the Drinking Water State Revolving Fund. Loan Number DM10- 952-005, Contract Amendment A for $714,675.00 will be repaid through installments after completion of the project. Section 1.37 of the contract states that the contractor shall establish a dedicated account and that the contractor shall deposit not less than twenty-five percent (25%) of the annual debt service payment into the loan repayment account at the end of each quarter during the term of the loan. The funds in this account shall be used to make debt service payments as they become due. The new fund will be known as the Debt Service Fund No. 211. Commissioner Averill stated this is a mandate that is required by the state agency providing funding. The Vader Water System is a System we took over a couple years ago and has pipes that are badly out dated and broken and have caused numerous problems. We are starting the contract to replace these pipes and since we are now starting the replacement we now need to think about paying back the account so we are establishing a fund to do it. Commission Grose stated the revenue being put into this fund comes from fees paid by the water users and does not come out of the County’s General Fund. 9. Resolution No. 12-202 Approving the transfer of funds to the Southwest Washington Fair revolving account to prepare change drawers for the annual Harvest Swap Meet. Gale Sobolesky, Fair Manager, stated this Resolution will authorize the transfer of additional funds to the Southwest Washington Fair’s Revolving Account in the amount of $6,300.00 for use during the annual Harvest Swap meet held at the Southwest Washington Fair September 22-23, 2012. 10. Resolution No. 12-203 Approving the transfer of funds to use during the Southwest Washington Fair to the revolving working account. Gale Sobolesky, Fair Manager, stated this Resolution authorizes the transfer of additional funds to the Southwest Washington Fair’s Revolving Account one in the amount of $1000.00 and a second transfer in the amount of $25,000.00 for use during the annual Southwest Washington Fair. Every year, the Southwest Washington Fair Office requests and receives a deposit of additional funds in the amount of $1000.00 for use in the change drawers at the fair office in support of advance ticket sales for the 5 Southwest Washington Fair and associated concerts during the fair. These funds are usually deposited approximately 2 months prior to the actual fair or as tickets are scheduled to go on sale. This year, the funds are being requested as of June 20, 2012. In addition, a second transfer in the amount of $25,000.00 is deposited into the revolving working account to support gate sales, parking and other change needs during the actual Southwest Washington Fair. This year, those funds are requested as of August 10, 2012. 11. Resolution No. 12-204 Approving the transfer of funds during the Southwest Washington Fair to withdraw as needed to fill onsite ATM machines. Gale Sobolesky, Fair Manager, stated a Resolution to authorize the transfer of funds to the Southwest Washington Fair’s Revolving Account in the amount of $100,000.00 for use in the ATM machines located at the Southwest Washington Fairgrounds during the annual Southwest Washington Fair held August 14-19, 2012. In August of every year, the Southwest Washington Fair Office requests and receives an additional $100,000.00 in funds for restocking the ATM machines that are located at the Southwest Washington Fair during the annual fair. As a result of maintaining the ATM machines, the fair receives $.75 per ATM transaction, which results in revenue of approximately $1,000.00 for the fair fund. 12. Resolution No. 12-205 Approving a supplemental agreement with Gordon Thomas Honeywell, LLP. Robert Johnson, Director of Community Development, stated this is an approval of a second supplementary Personal Services Agreement between Lewis County, acting as fiscal agent for the Chehalis River Basin Flood Authority, and Gordon Thomas Honeywell LLP. for consulting and coordination services not to exceed $10,000.00 and authorization for the Director of Community Development to sign the same. Lewis County acts as the fiscal agent for the Flood Authority and money appropriated by the Washington State Legislature in the amount of $1.32 million is passed through the Flood Authority by Lewis County. Any agreements for the use of that money has to be authorized by the Flood Authority and then approved by this Board of Commissioners. Lara Fowler is the primary person in that firm that works for the Flood Authority and she has done additional work not part of their original contract. The Flood Authority authorized an additional $10,000.00 to help offset some of the cost she has run up. This contract will end June 30, 2012. 13. Resolution No. 12-206 Approving an inter-local with the Centralia-Chehalis Airport for use of the currently active On-Call Consultant Roster. Tim Elsea, Director of Public Works, stated this Resolution is similar to the Airport’s Resolution 11-055, which allows the Chehalis-Centralia Airport to utilize the County’s Small Works roster. In the 2011 audit performed by the Washington State Auditor’s 6 Office for the Airport, it was noted that the Airport needed an inter-local agreement allowing the Airport to use the County’s On-Call Consultant Roster, similar to the Small Works Roster agreement established in Resolution 10-018. The Airport and the County have already established a Master Inter-local Agreement (Resolution 09-368) and an Inter-local for Use of the Small Works Roster (Resolution 11-055). Both Inter-locals have an expiration date of December 31, 2014 and the Airport has asked that the Inter- local for use of the On Call Consultant roster have the same expiration date so they may renew all three at the same time. 14. Resolution No. 12-207 Approving medical rates paid by non-represented employees. Archie Smith, Human Resources Administrator, stated the BOCC is moving up the monthly employer contribution from $835.00 per employee per month to $865.88 per employee per month. This $835.00 rate has been frozen for a few years and the employees have not received anything and the cost of benefits have continued to increase. This will be effective as of July 1, 2012. Commissioner Averill stated there has been a shift of medical benefit costs to the employees causing a significant increase in their share. The problem we have is one of equity for our non-represented employees. The Unions have the ability to negotiate with us for their contracts and what we find is that they get a greater share that they don’t have to pay than our non-represented employees. 15. Resolution No. 12-208 Approving the Collective Bargaining Agreement with AFSCME 1341-S representing the Sheriff’s Office Clerks. 16. Resolution No. 12-209 Approving the Collective Bargaining Agreement with Teamsters 252 representing Lewis County Prosecutor’s Office. 17. Resolution No. 12-210 Approving the Collective Bargaining Agreement with Teamsters 252 representing Juvenile Probation and Clerical. 18. Resolution No. 12-211 Approving the Collective Bargaining Agreement with Teamsters Combined Group. 19. Resolution No. 12-212 Approving the Collective Bargaining Agreement with AFSCME Community Services. Archie Smith, Human Resources Administrator, spoke to items 15 through 19 and stated most of the agreements were focused on two primary issues, one is a cost of living adjustment for wages and the other is the amount of employer insurance contributions. In all these contracts there is no cost of living adjustment (COLA) for the 7 2012 calendar year. The contracts, with the exception of one, are a one year agreement from January 1, 2012 through December 31, 2012. The AFSCME contract is a two year agreement that goes through 2013. In order to get that two year agreement we did give them a reopener for wages and benefits. The other major issues with these contracts is the employee insurance contributions will be moved to $865.88 per employee per month. They have agreed to the payroll change language so when we bring on the new financial system they will comply. He then explained the “me too” clause stating if we give a COLA to non-represented employees, elected, or directors that the union would receive an equal percentage increase. Commissioner Averill stated this was a very hard negotiation, the money is just not there and we are trying to provide equity. Virtually all of these contracts are being approved well after their start dates. Our agreement with the bargaining units is if we can’t solve a contract before the start date then the old contract continues forward until the new contract is complete. Motion Carried 3-0 HEARING Hearing: Non-exclusive franchise to Lake Mayfield Community Club. Chairman Grose announced the hearing and asked for a Staff Report. Larry Unzelman, Real-estate Service Manager, stated the Lake Mayfield Community Club has requested a non-exclusive franchise for the construction, operation and maintenance of a water system on Clahoua Drive, Chief Umptux Road, Chief Kiona Road, and Wennassee Loop right-of-way in Lewis County. Their existing franchise expires on August 26, 2012. This non-exclusive franchise will authorize the use of these road rights-of-way for their water system for an additional 5 years. Resolution 12- 162 passed by the BOCC on May 21, 2012, set June 18, 2012 as the date for hearing on the matter. This non-exclusive franchise is being granted pursuant to and in conformance with RCW 36.55 and Lewis County Code 12.25 through 12.50. 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 23 & 30, 2012 in the East County Journal and May 24 & 31, 2012 in the Chronicle. The franchise was posted in three public places. This franchise has been sent to the applicant and they have signed the agreement. Commissioner Averill stated this is a renewal so we do not expect that there will be any new construction. This is a system that already exists and we are just extending the franchise. 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. 8 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. Commissioner Averill moved to approve Resolution No. 12-193. Commissioner Schulte seconded the motion. Candace Hallom read the item into the record. Resolution 12-213 In the Matter of a Non-Exclusive Franchise to Lake Mayfield Community Club to construct operate, and maintain Water System Facilities in Lewis County Rights-of-Way; and setting forth conditions accompanying a grant of a non-exclusive Franchise; and providing for County administration and regulation of nonexclusive Franchise. Motion Carried 3-0 There being no further business, the Commissioners’ public meeting adjourned at 10:48 am on June 18, 2012. The next public meeting will be held Monday, June 25, 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