2011-11-28 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
November 28, 2011
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, November 28, 2011 at 10:00 a.m. Commissioners Ron Averill,
Bill Schulte, and F. Lee Grose were in attendance. Chairman Averill 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 21, 2011. Commissioner Schulte seconded the motion.
Motion Carried 3-0
NOTICE
Commissioner Schulte moved to approve Notice Agenda items one and two.
Commissioner Grose seconded the motion. Candace Hallom read the items into the
record.
1. Notice of Hearing: Regarding Ordinance 1229, amending Lewis County Code
Title 17 and the intent to adopt the South Lewis County Subarea Plan,
supplementing and amending the Lewis County Comprehensive Plan. Hearing
will be held on or after 10:00 am, on December 12, 2011. Resolution No. 11-394
2. Notice of Hearing: Regarding Ordinance 1230, amending Lewis County Code
Chapter 17.200.20 (1) and adoption of yearly amendments to the Lewis County
Comprehensive Plan. Hearing will be held on or after 10:00 am, on December
12, 2011. Resolution No. 11-395
Robert Johnson, Director of Community Development, spoke to items one and two
stating the County, under the Growth Management Act RCW 36.70A, is authorized to
amend their County Comprehensive Plan and implement development regulations
yearly. The Planning Commission and staff have been in the process of working on
amendments to the Lewis County Comprehensive Plan including a Subarea Plan for
the south county. There are yearly amendments to the Comprehensive Plan that are
requested by property owners. Following a public hearing on December 12, 2011, the
Board will conduct a workshop to consider all comprehensive plan amendments,
including those heard on December 5, 2011, and all proposed amendments to
implementing development regulations so that the effects of each proposed change
may be weighed together, consistent with the requirements. There were six requests
this year for rezones that were considered by staff and the Planning Commission.
Some or all may be approved by the Board.
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Chairman Averill stated the first hearing on December 12, 2012 is the South Lewis
County Subarea Plan and that includes a number of sub-elements. The second
hearing is on specific requests on re-zone changes.
Motion Carried 3-0
CONSENT
Commissioner Grose moved to approve Consent Agenda items three through six.
Commissioner Schulte seconded the motion. Candace Hallom read the items into the
record.
3. Resolution No. 11-396 Approval of warrants for payment.
Chairman Averill stated this approves 213 warrants issued by the Auditor’s Office for
$343,180.44.
4. Resolution No. 11-397 Approving a personal service agreement extension with
Butler Amusement Inc.
Michael Strozyk, Director of Central Services, stated this approves a two-year
Personal Services Agreement extension with Butler Amusement Inc. to provide Carnival
Services to include; rides, games and food concessions to the annual Southwest
Washington Fair for a period of two years (2012 & 2013) with an option for an additional
two year extension for years 2014 & 2015, if agreed upon at that time. On October 25,
2004 Lewis County entered into a Personal Services Agreement with Butler Amusement
to provide carnival services to the Southwest Washington Fair for a period of 5 years
ending in 2009, Resolution 04-350. This new two year extension is very similar to the
one we had in the past. The main difference is that it increases the minimum amount
that Butler will pay the County from $72,500.00 to $75,000.00 per year for the life of the
agreement. In addition to this increase, Butler has agreed to an increase from
$12,000.00 to $15,000.00 for incidental financial support to the fair which we pay out in
advertising for print, media, and radio.
5. Resolution No. 11-398 Approving amendment No. 2 to the Rural Arterial
Program Project agreement for construction proposal with the County Road
Administration Board.
Tim Elsea, Director of Public Works, stated the BOCC previously approved the Rural
Arterial Program Project Agreement for Construction Proposal for CRP 1937 King Road
Rehabilitation (Res. 05-153) between Lewis County and the County Road
Administration Board. The proposed amendment will add language to Section 8 of the
existing Project Agreement that revises the project roadway width from 28 feet to 26
feet per CRABoard approval dated 10-27-11, and as authorized under WAC 136-165-
030. The project is #10 on the 2012-2017 Transportation Improvement Program (TIP)
and scheduled for 2012 construction. The improvements will be constructed between
mileposts 8.414 and 10.554. TIP project funding consists of $1,115,000.00 RAP funds
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and $874,000 local funds, totaling $1,989,000.00. This resolution will authorize the
Chairman of the Board of County Commissioners to sign the Rural Arterial Program
Project Agreement for Construction Proposal Amendment No. 20 for this project.
6. Resolution No. 11-399 Declaration of surplus equipment and county property.
Tim Elsea, Director of Public Works, stated Lewis County Code 3.30 requires the
BOCC to declare property surplus to allow for its disposal. The items listed on Exhibit
“A” are no longer useful to Lewis County. The attached list of vehicles and equipment
have reached their useful life and have been replaced. Local government agencies will
be offered the surplus property at wholesale prices, and the remainder will be sent to
Ritchie Bros Auction In March, 2012. We have three patrol vehicles, five pickup trucks,
a one ton crew cab, trailers, sanders, highway sweeper, oil distributor, water tanks, and
a water truck.
7. Resolution No. 11-400 Approving an appointment to the Alcohol, Tobacco, and
Other Drug Community Mobilization against substance abuse Advisory Board.
Tara Smith, Social Services, stated this Resolution will appoint Steve Creel, from
Chehalis, as a member of the ATOD/CMASA Advisory Board representing District 2 and
as a representative of the educational system for one term lasting 3 years. Term would
be from November 2011 through October 2014. The ATOD / CMASA board will have 10
members representing a broad spectrum of interests, backgrounds, and county
geographical representation. Other representation for this Board is Law Enforcement,
health, community members at large, people who are in recovery, and youth. Providers
also attend the meeting but do not vote.
8. Resolution No. 11-401 Approving a contract with Reliable Enterprises to
reduce homelessness.
Tara Smith, Social Services, stated this approves the contract between Lewis County
and Reliable Enterprises to provide funding for a project outlined in the ten year plan to
reduce homelessness. This will be used for an employment program for homeless
persons. Lewis County has been collecting money for the local homeless reduction plan
since 2005. Lewis County has an active plan in place, as well as policies and
procedures to distribute these funds. Local money must be expended in order to apply
for state funds. An RFP was released and applications were received. The Affordable
Housing Network has reviewed the request and suggests funding of this project.
9. Resolution No. 11-402 Approving an inter-agency agreement with Lewis
County Health Partnership and Community Network for Lewis County to act as
the fiscal agent for funding that the partnership receives from the Family
Policy Council.
Tara Smith, Social Services, stated this Interagency Agreement between Public
Health & Social Services and the Lewis County Health Partnership & Community
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Network, is to establish the County as the fiscal agent of the funding available from the
State Family Policy Council to support the local Community Network development and
activities. Lewis County Health Partnership & Community Network have a contract with
the Family Policy Council to maintain a Community Network and implement programs
and projects that meet the goals of the Council. The Family Policy Council contract
with Health Partnership & Community Network requires that a governmental agency be
the fiscal lead for the funding. Lewis County has acted in this capacity for the last two
years and this agreement will allow the county to continue in that role for the next
biennium beginning July 1, 2011 and ending June 30, 2013. There are several people
who are members on this group Centralia College, Valley View, Providence Hospital,
Juvenile, and the Health Department have representation. This is a group of people who
meet and discuss health issues and come up with strategies on how to address those
issues within the community.
10. Resolution No. 11-403 Approving a professional service agreement with
Reliable Enterprises for grant funds to purchase a multi-unit housing complex
to be used as permanent supportive housing.
Tara Smith, Social Services, stated this permanent supportive housing will be for
persons who have mental health issues that are severe and chronic that may lead them
into homelessness. There are eight units and one will have an onsite manager who is
available to the tenants. Two of the units will be used for transitional housing and five of
the units will be permanent supportive housing.
Chairman Averill stated this is an important development and as many know we have
a difficult problem in that there are a number of people with mental health problems that
are constantly going in and out of the jail. There are no programs to pick those people
up when they are out of jail to keep them on their medications. They usually
demonstrate lifestyles that do not make them candidates to find housing. It is one of
the issues that we will have the CD-MH-TC Sales Tax Advisory Board look at. Reliable
Enterprises has been specially trained to provide housing for elements in the community
that pose difficult problems. This housing unit is for mental health and will give us the
opportunity to house five of the more difficult patients. This will not solve all of the
problems but it is a good step forward.
Motion Carried 3-0
HEARING
Hearing: Removing Fund 623 Vader Water System from the 2011
County Budget-Resolution No. 11-404
Chairman Averill announced the hearing and asked for a staff report.
Dawna Truman, Budget Director, stated the notice of hearing was published on
. The City of Vader water system that was put into receivership on October 29, 2010.
Lewis County became responsible for the care and maintenance of the system as of
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January 1, 2011. A 2011 budget for Fund 623 Vader Water System was created and
adopted by Lewis County on December 6th, 2010 with resolution 10-312. The county
views Fund 623 as an outside agency fund. Since Lewis County does not budget for
agency funds in the regular county budget, it would be in the best interest of the county
to remove this fund from the 2011 county budget. The Board will adopt Fund 623 in a
separate resolution.
Chairman Averill 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.
Dawna Truman asked that her previous comments be adopted into the record.
Chairman Averill asked if there were any other statements for public testimony. There
were none. He closed the hearing and asked for a motion.
Commissioner Schulte made a motion to approve Resolution No. 11-404.
Commissioner Grose seconded the motion. Candace Hallom read the item into the
record
Removing Fund 623 Vader Water System from the 2011 County Budget.
Resolution No. 11-404.
Motion Carried 3-0
Hearing: Adopting the 2011 budget for the Vader Water System-
Resolution No.11-405
Chairman Averill announced the hearing and asked for a staff report.
Dawna Truman, Budget Director, stated this hearing was noticed on the 18th and 23rd
of November. As we want the Vader Water System to have its own individual budget we
are asking the Commissioners to approve agency fund 623 in the budgeted amount of
revenue of $268,577.00, expenditures $265,466.00, with a reserve of $3,113.00. This
is an agency standalone fund for receivership of the Vader Water System.
Chairman Averill 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.
Dawna Truman asked that her previous comments be adopted into the record.
Chairman Averill 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 Grose made a motion to approve Resolution No. 11-405.
Commissioner Schulte seconded the motion. Candace Hallom read the item into the
record
A Resolution for the Vader Water System Fund 623 to Approve the 2011 Adopted
Budget. Resolution No. 11-405
Motion Carried 3-0
Hearing: Ordinance 1227-Amending Lewis County Code 17, adding a
new Chapter 17.300 “Compliance”
Chairman Averill announced the hearing and asked for a staff report.
Robert Johnson, Director of Community Development, stated adoption of
Ordinance 1227 will add a new Chapter to County Code referenced as Lewis County
Code (LCC) 17.300 “Compliance”, implementing new processes and penalties for
violation of county code. The new code provides general enforcement powers
associated with health and safety, public roads, buildings and construction, subdivision
of land, and land use and development. In addition, procedures for compliance are
enhanced and additional penalties for non-compliance are included with monetary
penalties up to a maximum of $1,000.00 for each violation. Additional flexibility is
added, including the authority for making infractions a misdemeanor or gross
misdemeanor. Any new penalties are in addition to those already contained within other
code provisions.
Glenn Carter stated before we go through court on a code compliance issue we go
through a number of measures of notifying the individual and work with the individual
through our code compliance people. It is in those instances where the individual has
violated numerous times that this enhancement becomes a mechanism that we can use
to deal with those people who refuse to cooperate and work with us.
Rich Curtis, Chehalis, asked how does the public track the compliance efforts so we
can know if any progress has been made?
Glenn Carter stated to the extent a case goes to District Court you could go to the
District Court Clerk and asked to see the file.
Chairman Averill stated we have a Code Enforcement Division within the County. It is
our intent to work with the violators first before going to the courts. Unfortunately, we
only have two people in this division. Currently, we have 400+ violations on record.
We do keep a log and in the last 2 to 3 years we have had a large improvement
encouraging people to take care of the violations. Unfortunately the Prosecutor’s Office
does not have a lot of time or money to spend on civil cases so we are way behind on
those particular efforts.
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Chairman Averill 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 and Glenn Carter asked that their previous comments be adopted
into the record.
Commissioner Schulte stated the reason we are considering this is it gives us an
additional tool to push forward with compliance.
Commissioner Grose stated this ordinance is not designed to be punitive in nature.
What we are trying to do is get people to voluntarily comply. This is not a fundraiser
and is not a monetary thing.
Chairman Averill stated there are a lot of places in the County that have violated one
code or another. We have tried to solve this problem rather than let it go on and on.
We can all site any number of junk places in the County. It is not always the case
where you can get someone to solve this on their own. It is a real problem that we are
trying to handle. Previously, our maximum fine was $250.00 and we had people who
would rather pay the $250.00 than pay the cleanup cost so we need to make it more of
a sting to get people to comply.
Chairman Averill asked if there were any other statements for public testimony. There
were none. He closed the hearing and asked for a motion.
Commissioner Schulte made a motion to approve Ordinance No. 1227.
Commissioner Grose seconded the motion. Candace Hallom read the item into
the record
Ordinance No. 1227- An Ordinance of Lewis County, Amending Lewis County
Code Title 17, adding a New Chapter 17.300 “Compliance”, Adopting New
Processes and Penalties for Violations of Certain Lewis County Code Provisions.
Motion Carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at 11:04
am on November 28, 2011. The next public meeting will be held Monday, December 5,
2011, 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
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LEWIS COUNTY, WASHINGTON
ATTEST: Ron Averill, Chairman
Karri Muir, Clerk of the Board P.W. Schulte, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner