2011-10-10 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
October 10, 2011
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, October 10, 2011 at 10:00 a.m. Commissioners Ron Averill,
P.W. “Bill” Schulte, and F. Lee Grose were in attendance. Chairman Averill
determined a quorum, called the meeting to order and Commissioner Schulte
proceeded with the flag salute. Commissioner Schulte moved to approve the minutes
from the 10:00 a.m. meeting held on Monday, October 3, 2011. Commissioner Grose
seconded the motion.
Motion Carried 3-0
PUBLIC COMMENT
See HEARINGS.
NOTICE
Commissioner Grose moved to approve Notice Agenda. Commissioner Schulte
seconded the motion. Chairman Averill read the proclamation into the record.
1. Proclamation: Proclaiming the month of October as “Domestic Violence
Month”.
Proclaims October 2011 as ‘Domestic Violence Month’ in Lewis County and urges all
community members to recognize the serious impact of all domestic violence, to
support victims, and to embrace the significant role each of us can play in prevention of
domestic violence.
Joan, a member of the public, addressed the Board thanking them for recognizing
October as Domestic Violence Month and help in the plight of breaking the cycle of
domestic violence.
CONSENT
Commissioner Schulte moved to approve Consent Agenda items two through
fourteen. Commissioner Grose seconded the motion. Karri Muir read the items into the
record.
2. Resolution No. 11-321 Approval of warrants and payroll for payment.
Approves 210 warrants issued by the Auditor’s Office for $866,910.17. Also approves
427 automatic deposits checks, 180 payroll warrants for net pay, and 62 payroll
warrants for benefits/deductions for a total $3,182,205.15.
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3. Resolution No. 11-322 Designation and appointments to the Washington
Counties Risk Pool.
Risk Management Director Paulette Young stated the Washington Counties Risk Pool
Interlocal Agreement and bylaws require that each member county’s legislative authority
appoint one director and at least one alternative director from the county offices or
employees for the Pool’s Board of Directors. The Interlocal also requires each county’s
Board of County Commissioners appoint a Risk Manager and appoint an active Safety
Officer.
1. Approves Lewis County’s appointments to the Washington Counties Risk Pool as
follows:
a. Director F. Lee Grose
b. Alternate Paulette Young
c. Risk Manager Paulette Young
d. Claims Administrator Paulette Young
e. Safety Officer Paulette Young
f. Prosecuting Attorney Jonathan Meyer
g. Deputy PA (Civil) David Fine
4. Resolution No. 11-323 Approving a collective bargaining agreement with
Teamsters Local 252 representing the Supervisors Group (Public Works,
Central Services.)
Human Resources Administrator Archie Smith stated the Collective Bargaining
Agreement between Lewis County and Teamsters Local 252 is being presented for
approval. Term is one year 1/1/2011- 12/31/2011. No COLA for the year but STEP
increases are provided. For 2011, employer health and welfare financial contributions
were unchanged from previous year. Other issues addressed during negotiations were
CDL exam for supervisors and creation of Road Maintenance Supervisors. Contracts
extend to the end of 2011, but Chairman Averill and Archie Smith discussed the delay
associated with the approval of contracts. Chairman Averill stated that during
negotiations, we are operating from previous contracts. Stated contracts are backdated
when approved for current year.
5. Resolution No. 11-324 Ratifying the County Fire Marshal order, lifting the
outdoor burning ban.
Community Development Director Bob Johnson spoke regarding this being a
housekeeping measure. Burn ban has been in effect since July 2011. Applies to fire
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season when danger is the highest, imposed primarily based on moisture content in
materials in unincorporated areas. Ban lifted Oct 1, 2011,12:01 am as moisture content
is above 19%. Burn permits now available online and notices sent to media and public
regarding lifting of the burn ban. Correcting record: Chairman Averill says Lewis County
didn’t impose ban until Aug 24. Department of Natural Resources did impose ban in
July for Department of Natural Resources lands. Bob Johnson agreed with Chairman
Averill’s correction. Chairman Averill noted that due to our rainy spring/summer, Lewis
County did not impose burn ban until August 24, 2011.
6. Resolution No. 11-325 Approving contracts with Reliable Enterprises,
Lewis County Work Opportunities, and Morningside to provide employment
services to adults with developmental disabilities.
April Kelley from Lewis County Public Health and Social Services stated the period for
the contracts is July 2011 - June 2012. The State Department of Developmental
Disabilities contracts with Lewis County to oversee and administer grant money for
employment services to adults with developmental disabilities. This municipal service
subcontract requires that Reliable Enterprises, Morningside, and Lewis County Work
Opportunities provide employment services to adults with developmental disabilities
who reside in Lewis County.
Funding not to exceed $584,919.00 will be distributed to:
Reliable Enterprises $329,029.00
Morningside $185,070.00
Lewis County Work Opportunities $ 70,820.00
Chairman Averill clarified that Lewis County only manages contracts, doesn’t run
programs, but instead utilizes and allocates funding to providers in the community to
administer services to clients.
7. Resolution No. 11-326 Approving a professional service contract with
the Divisional Behavior Health and Recovery Services for funding for chemical
dependency treatment and prevention services.
Tara Smith of Lewis County Public Health and Social Services stated this contract
comes through DSHS through the Division of Behavioral Health and Recovery Services.
It is a two-year contract running July 1, 2011 and ending June 30, 2013 and will be
subcontracted to providers in the community who provide the direct services. Chairman
Averill stated that for the last few years, the passing of the budget has not occurred at
the end of the regular session, but rather when the legislature has gone into extended
session. Appropriations to 39 counties and service providers are way behind schedule;
legislature is going into session November 28 to discuss cutbacks, which might impact
this funding.
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State Federal Total
Amount
2011 County Budgeted Amount 444,234 132,248 $576,482
Total Contract July 1, 2011-June 30, 2013. 1,168,758 369,924 $1,538,682
8. Resolution No. 11-327 Approving a Medicaid Administrative Match
Contract with the State of Washington Health Care Authority.
Danette York, Director of Lewis County Public Health and Social Services Department,
explained that the Medicaid Administrative Match (MAM) program starts at the federal
level through Centers of Medicare and Medicaid Services (CMMS). CMMS contracts
with states, which then contract with agencies at the local level. This program is an
attempt by CMMS to reimburse local agencies for time spent helping indigent
populations enroll in programs for which they are eligible as often these clients are
unable to pay for services. Local agencies are reimbursed for 50% of the time spent
helping these clients.
Previously this contract was with the Department of Social and Health Services at the
state level. The State of Washington has moved the contract to its new Health Care
Authority, necessitating Lewis County’s having to re-do the contract.
The following table shows the historical and projected amounts for several years:
Medicaid Administrative Match Historical Data
2009 2010 2011
Budgeted 120,000.00 134,000.00 75,000.00
Received 113,462.75 80,475.90 *40,176.70
*to date – 2 quarters received
Chairman Averill inquired regarding the contract’s not exceeding $75,000. Danette York
stated it could exceed $75,000, but she did not expect it to do so based on what has
been received in the past. Reimbursement is for 2012, but contract extends to
September 2014.
9. Resolution No. 11-328 Approving bylaws for the Lewis County CD-MH-
TC Sales Tax Advisory Board.
A Chemical Dependency-Mental Health-Therapeutic Court Sales Tax Advisory Board
was established on August 29, 2011 per Resolution 11-293 by Lewis County Board of
County Commissioners.
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The Advisory Board was made up of community members invested in improving the
health of Lewis County citizens to make recommendations to the BOCC concerning the
use of the proceeds of the tax and to provide advice to the BOCC concerning the
prioritization, selection, and evaluation of programs funded by the .1 of 1% sales tax.
Danette York, Director of Public Health and Social Services, presented the bylaws on
behalf of the CD-MH-TC Sales Tax Advisory Board for review and final approval,
mentioning that the initial terms of members are to be staggered, so will eventually
change. Chairman Averill commented that these bylaws appeared standard with
regard to membership, officers, how amended, etc.
10. Resolution No. 11-329 Approving a Housing and Essential Needs Grant
with the Department of Commerce.
Michaelle Sorlie from Public Health and Social Services stated that this contract will
provide funds for Lewis County Medical Care Service recipients to provide rental
assistance, utility assistance, and essential needs services to homeless and at risk
persons. These funds will be used according to Department of Commerce, Housing
and Essential Needs Grant guidelines. The Housing and Essential Needs Grant
(HENG) is one of the programs created by Engrossed Senate House Bill 2082 that
terminates Washington State Disability Lifeline Program. These funds are awarded to
counties to be distributed to Homeless Housing agencies.
Contract is Sept 15, 2011 – June 30, 2013, and totals $834,438.00. Providers are
Reliable Enterprises for ‘at risk’, Lewis County Shelter Program will oversee the
homeless and Salvation Army and Human Response Network will distribute the
essential needs portion. Commissioner Grose spoke regarding the legislature’s
possible funding cuts for this program and urged the public to contact the legislature if
concerned about possible cuts in funding.
11. Resolution No. 11-330 In the matter of the proposed acquisition of
additional right-of-way for Boyd Road, Randle, WA.
Larry Unzelman, Real Estate Services Manager for Lewis County Public Works, stated
Boyd Road suffered slide damage that was identified in January 2009. The County
plans on stabilizing the slope and repair slide damage. The project will require right-of-
way acquisition from one property ownership. FEMA has designated funds for this
project by PW1860. Resolution would grant authority to Lewis County Public Works to
acquire necessary additional right-of-way to complete slide repair project. Procedures
for acquiring necessary right-of-way were adopted by Resolution 09-381 and will be
followed in this project.
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When questioned if this is the second acquisition on Boyd Road, Larry Unzelman
confirmed it was, and that the first slide repair project requiring an acquisition was
complete.
12. Resolution No. 11-331 Approving renewal of a rental agreement with
the WA State Department of Natural Resources for use of a radio
communications site on Burley Mountain.
Larry Unzelman, Real Estate Services Manager, stated the County leases its Burley
Mountain Radio Communication site from the US Forest Service (USFS). The County
subleases the site to State of Washington Dept. of Natural Resources (DNR) for its
communications uses. The rental agreement with DNR expired on June 30, 2011 and
DNR has requested it be renewed. The proposed renewal agreement would extend
lease for five additional years through June 30, 2016. The annual rent of $250 remains
unchanged. The USFS does not charge the County for use of the site. The $250
charge to DNR is for use of the County’s building and tower.
13. Resolution No. 11-332 Approving renewal of a rental agreement with
the WA State Department of Natural Resources for use of a radio
communications site on Hopkins Hill.
Larry Unzelman, Real Estate Services Manager stated the County leases Hopkins Hill
Radio Site from Longview Timber. The County has subleased the site to DNR for its
communications uses for many years. The rental agreement with DNR expired Aug 31,
2011 and DNR requests renewal until August 31, 2016. The annual rent is increased
from $850 to $1150, which covers increased costs for subleases to the County in its
lease from Longview Timber.
Chairman Averill differentiated the two aforementioned leases in regard to costs by
stating that the County is charged more by Longview Timber; in both cases, a nominal
charge is for the use of the towers and the buildings.
14. Resolution No. 11-333 Approving an administrative agreement with
Howard A. and Susan D. Hoffman.
Larry Unzelman, Real Estate Services Manager, stated that Resolution 10-099, passed
in 2010, instructed the County Engineer to acquire additional right-of-way necessary for
improvements on Koontz Road, located southeast of Napavine. The Koontz Road
widening project is part of the County’s Secure Transportation Improvement Program.
An offer of $6,700 was made March 23, 2011 to property owners Howard A. and Susan
D. Hoffman for 16/100 of an acre of land. Hoffmans rejected multiple offers and finally
agreed on September 22, 2011 to accept $15,000 for the property. Chairman Averill
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commented that this project to widen Koontz Road is due to increased commercial
traffic between Highway 99 and Napavine.
Chairman Averill moved for approval of Consent Agenda Items 1-14 and Resolution
Nos. 11-323 through 11-333. Consent Agenda was approved 3-0.
HEARING
• Hearing: Vacation of R.P Jones Road-Vacation No. 11-002A
Larry Unzelman of Public Works stated no one signed up for public comment. Greg
Snelson provided summation of the matter. Proposal for vacation born from request of
three property owners whose property joins this portion of R. P. Jones Road for County
to vacate. On September 12, 2011, the County Road Engineer filed a report stating the
County is not maintaining this portion of R. P. Jones Road. All property owners have
been granted an easement over the portion of the R. P. Jones Road to be vacated.
Utilities that serve the area have been notified and have no objection to vacation of the
portion of the road. The road does not butt up against a body of water, nor is it part of
the County road system. (This portion of R. P. Jones Road eligible for vacation since it
does not butt up against water, which is prohibited by statute if is the case.)
It is the opinion of the County Engineer that the portion of the road should be vacated
for the reason that the public will benefit by its vacation by eliminating jurisdictional
responsibilities and returning the property to the tax rolls.
Motion to approve Vacation No. 11-002A made by Commissioner Grose, Commissioner
Schulte seconded motion. Motion carried 3-0. Chairman Averill read Order for
Vacation into record.
• Hearing: Ordinance No. 1226 Amending Ordinance No. 1224 to add a law
enforcement representative to the CD-MH-TC Sales Tax Advisory Board.
Danette York, Director of Public Health and Social Services, stated Ordinance 1224 was
passed in regular session on June 20, 2011. Section 6 Advisory Board stated that a
continuing advisory board would be established and consist of no more than nine
members. Of those nine members, two were identified to be citizens of Lewis County
appointed at large. After ordinance was passed, it was determined that there was a
need for a representative of Lewis County law enforcement to be included on the
advisory board. This member will now be included in the ordinance, which will change
the two citizens of Lewis County appointed at-large to only one citizen.
Chairman Averill added that this was predominantly a housekeeping change; number of
members remains the same. Danette York’s comments committed to record. No
comments by members of the public. Commissioner Schulte moved to approve,
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seconded by Commissioner Grose. Motion carried 3-0. Adopted and ordinance read
into record.
• Hearing : Ordinance No. 1231 Amending Ordinance No. 1225 related to the
moratorium on Medical Marijuana Gardens
Glenn Carter, Chief Civil Deputy and Community Development Director Bob Johnson
addressed the Board. Bob Johnson stated Ordinance No. 1225 was adopted August
15, 2011 imposing a moratorium on the receipt and acceptance of applications for land
use development of any kind requiring county renewal, review or approval for
community medical marijuana gardens. The original ordinance was to expire 60 days
following its imposition. Ordinance No. 1231 would extend the expiration of Ordinance
No. 1225 by an additional four months.
Glenn Carter spoke on behalf of Lewis County Prosecutor Jonathan Meyer regarding
their work on developing regulations that would harmonize federal and state law with
respect to community medical marijuana gardens. Regulations are likely to include
prohibitions on locations (parks, schools, bus stops, or playgrounds, for example) and
security measures intended to protect against public access to said gardens and to
prevent escape of non-native plants into the wild.
Chairman Averill commented that after Lewis County adopted moratoriums, other
jurisdictions adopted same. Glenn Carter agreed, adding that the City of Centralia and
City of Chehalis were among those jurisdictions. Presently, Lewis County has ongoing
discussions and contacts with these jurisdictions regarding this matter.
Glenn Carter explained a bit about the federal government’s action against the State of
California regarding this issue. U. S. Attorney’s office in California had made it clear
that although there had been some talk of intent not to prosecute certain drug offenses,
it was, in fact, their intent to disallow large-scale commercial operations. Comments
made by spokesmen for the U. S. Attorney’s Office in California and Department of
Justice in California this past weekend indicate they feel that line has been crossed in
California, that there are large-scale commercial profit-making operations and that was
not the intent of the state legislature when it decided not to prosecute certain kinds of
drug activity. Underlying is the supremacy of federal law, which is very tight in respect
to marijuana gardens; and it is Glenn Carter’s understanding that the federal
government is going to clamp down on large-scale, profit-making operations.
At the time this was an issue in Washington, U.S. attorneys for the E. District and W.
Districts of WA issued a joint letter regarding this issue. Chairman Averill commented on
federal prosecution imposed on state lawmakers; Glenn Carter responded that the
Governor had concern that state officials could be held liable for violations for federal
marijuana laws if they permitted such gardens. Although the state ensured that state
officials would be protected, the state did not do so with respect to local governing
officials. Bob Johnson and Glenn Carter’s comments entered into the record.
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Mr. Ken Bell of Vader spoke in comment period. Stated he is for the moratorium as he
doesn’t want Lewis County turn into another Seattle, whereby dispensaries are ‘head
shops on steroids’ and are not what most medical marijuana patients seek. Wants to
see grow operations very confined, not near schools, etc. Feels biggest issue regarding
dispensaries is to keep them out of the public eye and keep grow operations small.
Commissioner Grose commented that Lewis County does not want to be ‘little King
County’ and/or ‘little California’ in the state of Washington, which appears King County
already is. He opposes medical marijuana gardens in Lewis County and if marijuana
deemed a prescription drug in future time, thinks it should be gotten through
pharmacies.
Don Iddings, Vader, spoke regarding taxation of marijuana gardens, suggested 50%.
Chairman Averill reiterated that at this time we are not discussing specifics of what to do
with medical marijuana gardens, but merely extending the moratorium that had been
established for sixty days out to six months.
Motion to approve Ordinance No. 1231 made by Commissioner Grose, seconded by
Commissioner Schulte, read into record by Karri Muir. Ordinance approved 3-0.
Commissioner Schulte moved to adjourn, Commissioner Grose seconded. Meeting
adjourned 11:04 am.
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: Ron Averill, Chairman
Karri Muir, Clerk of the Board P.W. Schulte, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner