2011-12-12 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
December 12, 2011
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, December 12, 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,
December 05, 2011. Commissioner Schulte seconded the motion.
Motion Carried 3-0
NOTICE
Commissioner Schulte moved to approve Notice Agenda item one. Commissioner
Grose seconded the motion. Candace Hallom read the item into the record.
1. Notice: Regarding competitive bidding and dispensing with advertisement.
Resolution No. 11-416
Chairman Averill stated this Resolution provides notice that Lewis County maintains a
vendor list pertaining to competitive bidding, dispensing with advertisement and formal
sealed bidding with respect to leases or purchases valued between $2500 and $25,000
allowing for expedited processing of bids and contracts for lease or purchase. This
resolution publishes the existence of the list and the availability of packets for
application of potential vendors. This notice will be published in Lewis County’s Official
Newspaper. The vendor list is available for public inspection, and prospective vendors
may request information packets, which must be completed in order to apply to be
included on the available vendor list from the Lewis County Auditor’s Office, Financial
Services Department.
Motion Carried 3-0
CONSENT
Commissioner Grose moved to approve Consent Agenda items two through eight.
Commissioner Schulte seconded the motion. Candace Hallom read the items into the
record.
2. Resolution No. 11-417 Approval of warrants for payment.
Chairman Averill stated this approves 13 Special Purpose warrants (Vader Water
System) for $64,825.45 and 205 warrants issued by the Auditor’s Office for
$696,356.97, totaling $761,182.42.
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3. Resolution No. 11-418 Appointing a member to the Chehalis/Centralia Airport.
Chairman Averill stated this approves the appointment of Harry Sumrok (Onalaska) to
the Chehalis-Centralia Airport Board (representing Lewis County) for a six year term
from January 1, 2012 through December 31, 2018. Mr. Sumrok will be replacing Jerry
Zabriskie (Boistfort), whose term has expired and who has declined reappointment. Half
of the Board Appointments are made by Lewis County and half by the City of Chehalis,
as co-owners of the Airport. Mr. Sumrok is a commercial, multi-engine, instrument
qualified aviator and flies for PCLI.
4. Resolution No. 11-419 Approving a second addendum to the inter-local
agreement establishing the Chehalis River Basin Flood Authority to include
the cities of Cosmopolis and Napavine as members.
Chairman Averill stated this approves signing of the second addendum to the Inter-
local Agreement establishing the Chehalis River Basin Flood Authority by the Chairman
of the Lewis County Board of County Commissioners. This addendum adds the cities of
Napavine (Lewis County) and Cosmopolis (Grays Harbor County) to the Inter-local
Agreement and drops the Confederated Tribes of the Chehalis Reservation who
withdrew from participation in May 2011. The addendum received a consensus vote at
the November meeting of the Flood Authority.
5. Resolution No. 11-420 Assigning County Road Project (CRP) numbers.
Rod Lakey, Public Works, stated pursuant to RCW 36.75.050, the Board of County
Commissioners shall by resolution, and not otherwise, order the survey, establishment,
construction, alteration, or improvement of county roads; the county road engineer shall
prepare all necessary maps, plans, and specifications; therefore, showing the right-of-
way widths, the alignments, gradients, and standards of construction. All county road
projects scheduled for design and/or construction in 2012 have been adopted as part of
the 2012 Annual Construction Program (ACP) and 2012-2017 Six Year Transportation
Improvement Program (STIP), by Resolution 11-387 on November 14, 2011. This
resolution will establish official County Road Project (CRP) numbers and authorize the
preliminary engineering, right-of-way, and construction improvements of those projects
that are new under the 2012 Annual Construction Program. Previously established
CRP numbers will follow a project through completion.
6. Resolution No. 11-421 Bid award for the Coughlin Road Bridge Replacement
Project.
Rod Lakey, Public Works, stated this contract will provide for the improvement of
Coughlin Road Bridge by replacing deck, placing, Rip Rap, Large Woody Debris, and
other work. A Call for Bids was made on November 7, 2011. The project was also
listed on Lewis County’s website. Public Works received 9 responsive bids for this
project on November 29, 2011. Razz Construction, Inc.(Bellingham) provided the
lowest responsive bid of $409,975.00. The lowest responsive bid was 9.8% above the
Engineer’s estimate.
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7. Resolution No. 11-422 Sale of a surplus water truck to Lewis County Fire
District No. 4.
Eric Martin, Public Works, stated this water truck has reached its useful life, has been
replaced, and is no longer useful to Lewis County. Lewis County Fire District 4 has
expressed an interest in purchasing the water truck listed in Exhibit “A”. Sales and
auction results have been researched and determined that $6,600.00 is the fair market
value for the water truck. Additionally, Lewis County Ordinance 1154A allows for the
transfer or sale of surplus property to another Governmental Agency or qualifying non-
profit organization.
8. Resolution No. 11-423 Sale of a surplus oil distributor to the City of Chehalis.
Eric Martin, Public Works, stated this oil distributor has reached its useful life, has
been replaced, and is no longer useful to Lewis County. The City of Chehalis has
expressed an interest in purchasing the oil distributor listed in Exhibit “A”. Sales and
auction results have been researched and determined that $13,500.00 is the fair market
value for the water truck. Additionally, Lewis County Ordinance 1154A allows for the
transfer or sale of surplus property to another Governmental Agency or qualifying non-
profit organization.
Motion Carried 3-0
HEARING
• Hearing- Ordinance 1229-South Lewis County Subarea Plan
• Hearing: Ordinance 1230-Amending Lewis County Code (LCC) Chapter
17.200.020(1) Official Lewis County Zoning Maps (rezone applications)
• Hearing- Adoption of the 2011 Lewis County Comprehensive Plan yearly
amendments-Resolution 11-424
Workshop-To consider adopting Ordinances 1228, 1229, and 1230 and Resolution
No. 11-424: 2011 LC Comprehensive Plan yearly amendments
Chairman Averill announced the hearing and asked for a staff report.
Robert Johnson, Director of Community Development, stated we have already had
a hearing on one facet of proposed Ordinance 1228, which is to adopt an Urban
Reserve Overlay District. There were three recommendations for Ordinances that went
before the Planning Commission. We have a resolution today to consider all of the land
use changes as well as the text amendments relative to the South County Subarea
Plan, the Urban Reserve Overlay District, and to the six rezones that were requested.
The County has been working on a Subarea Plan to allow for economic activities in the
South County area to provide for protection of critical areas and habitat and also move
development that is more intense in nature to areas that are appropriate. This is done
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in a subarea planning process and the County has been doing this for about two years.
The Planning Commission had a hearing on the adoption of the subarea plan and
Ordinance 1229 which would have created the zoning and regulatory bases for
implementing the Subarea Plan but during that hearing staff and the consultant made a
recommendation to not adopt the plan because it has more work to be done. Because it
was noticed it has been moved forward with a recommendation from staff, consultant,
and Planning Commission not to adopt the Subarea Plan in its entirety but instead to
adopt respective policy changes in the Comprehensive Plan.
Chairman Averill stated the fact that we are not going to approve Ordinance 1229
doesn’t mean we are abandoning the concept of the South County Subarea Plan, it just
means that we have more work to do and we are putting it off.
Jerry Basler, Community Development, stated the policy for the South County
Subarea Plan are general policy’s that were formulated as the plan was being written
and they really speak to the Growth Management Act and Lewis County utility services
being provided inside an urban growth area, private property rights, and critical areas.
Mike McCormick, Consultant, stated the policies that were developed in this work
over the last two and a half years are being moved forward and adopted into the
Comprehensive Plan. What is not being recommended is the details of the plan.
Commissioner Grose asked if we were to adopt the policy, what does that mean to the
citizen out there as far as inevitable development?
Mike McCormick stated the timeframe for planning is 20 years. It could be amended
as soon as next year if we are able to resolve the issues. The hardest one being
figuring out how to provide the required utilities service to that area.
Jerry Basler explained the individual rezones and pointed them out on the map.
1. MSC 10-0117 Herbrand Company requesting Agricultural Resource Land to
Mineral Resource Land
2. MSC 10-0118 Jill Hartman requesting Agricultural Resource Land to RDD-5
3. MSC 10-0119 Port of Chehalis requesting RDD-5 to Rural Area Industrial
4. MSC 10-0102 Hampton Lumber Mills Inc. requesting Small Town Industrial
to Small Town Mixed Use
5. MSC 10-0103 Keith Gastfield requesting Agricultural Resource Land to
RDD-5
This property is surrounded by agricultural resource land and he is requesting to
go to RDD-5. We looked for other options such as RDD-10 or to talk with some of
the landowners to the north. The Planning Commission recommended no action
on this request.
6. Remand Joan Rambo requesting Agricultural Resource Land to RDD-5
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Chairman Averill stated, regarding item 5, when you are doing something like ARL you
have to do the entire parcel the same way. Even though part of the parcel may not
meet the criteria, if that parcel falls within the zone and meets part of the criteria then
you have to declare the whole lot in one zone you can’t divide it up. It appears this
parcel got caught in that.
Commissioner Schulte stated it seems that less than half of this land is available for
ARL.
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, Mike McCormick, Glenn Carter, and Jerry Basler asked that their
previous comments be adopted into the record.
Dr. Giffey, Port of Chehalis, testified to the Curtis site stating this site was originally
prepared for a mill site back in the 70’s. The property was re-grated and has a drainage
system and McFarland Cascade currently uses a portion of the property for a pole yard.
We are trying to get the zoning correct on this piece of ground for future job creation in
our community.
Jill Hartman, property owner, thanked the Board and the Planning Commission for
reviewing these properties. She has no new information to offer but does agree the
zoning needs to be changed.
Steve Rambo, Roberts Road, stated this property was remanded from last year. He
thanks the Planning Commission and BOCC for taking the time to review the
recommendations. He stated 75% of this land is higher than the rest; there is 25% that
remains wet year round. This property was RDD5 and was put into ARL and they are
requesting it is returned to RDD 5.
Greg Jones stated he is here to answer any questions that the Board may have.
Chairman Averill stated he was visited by Keith Gastfield and he shared the
information and concerns Mr. Gastfield has regarding his property.
Chairman Averill asked if there were any other statements for public testimony. There
were none. He closed the hearing and moved into a work session.
Robert Johnson stated what we have is a number of interrelated proposals. What we
need to do is discuss them individually. The staff would take a position that these are
consistent with the currently adopted Comprehensive Plan or augment and amend the
Comprehensive Plan to facilitate activities that the County believes are beneficial to the
County. We had a hearing last week regarding an Urban Reserve Overlay Zone
District. There are two proposed overlay districts.
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Jerry Basler stated the Planning Commission, after they held their hearing on
November 8th, left open the comment period. We received one letter from a property
owner requesting to not be included in the Urban Reserve Overlay area or any future
economic development Urban Growth area. We then received another letter after that
for this hearing. It equals about 25 acres and they are adjacent to each other. Both
property owners are requesting that they be excluded. That was the recommendation
of the Planning Commission on November 22, 2011. Option B in the hearing packet
removes the two properties from the Urban Reserve Overlay Zone District.
Commissioner Grose moved that we move option B forward and not include the two
properties. Commissioner Schulte seconded.
Motion carried 3-0
Robert Johnson stated the other thing we have to consider is regarding Ordinance
1229, whether or not to adopt or to adopt the policy changes to the comprehensive plan
as recommended by staff, Planning Commission, Mike McCormick, and the Department
of Commerce.
Commissioner Schulte move to remand Ordinance 1229 for further consideration.
Commissioner Grose seconded.
Motion Carried 3-0
Robert Johnson stated the last thing that needs to be considered is the
Comprehensive Plan changes including the Land Use text and maps with respect to the
rezone requests. There are six requests with a recommendation that one be remanded
back to the Planning Commission for further consideration.
Mike McCormick recalled the County’s recent experience with attempting to rezone a
Forest Resource Land that was then appealed to the Hearings Board. The Hearing
Board came up with a rather interesting opinion which we are still trying to figure out
how to address. He can see that if we were to do this on this piece of property it might
raise the same type of question and recommends the Board go back and look more
specifically to the criteria and circumstances.
Commissioner Grose moved to remand rezone request #5 for further consideration
Commission Schulte seconded.
Motion Carried 3-0
Commissioner Schulte made a motion to approve Resolution No. 11-424, Ordinance
1228, and Ordinance 1230. Commissioner Grose seconded the motion. Candace
Hallom read the items into the record.
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Resolution No. 11-424 Amending the Lewis County Comprehensive Plan by
Adding: Text and Maps to Reflect Inclusion of Urban Reserve Overlay Districts;
Policies Related to Subarea Planning; and Changes in the Land Use Map to
Reflect Owner-Requested Changes in Land Use Designations Consistent with the
Growth Management Act, RCW 36.70A.
Ordinance 1228- An Ordinance of Lewis County, Washington Amending Portions
of Title 17 Lewis County Code, Adding a New Chapter 17.20F “Urban Reserve
Overlay District” and Adding two Urban Reserve Overlay Districts to the Official
Zoning Map.
Ordinance 1230- An Ordinance of Lewis County, Washington Amending Lewis
County Code Chapter 17.200.020 (1) Official Lewis County Zoning Map, to Reflect
Zoning Changes Requested by Property Owners, Consistent with the Lewis
County Comprehensive Plan.
Commissioner Grose stated the actual rezones that we are approving today and the
actual Overlays that we have mapped are a very small portion of land in Lewis County.
This is a very arduous process that we are required to go through by Growth
Management and we do not take it lightly.
Motion Carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at 11:30
am on December 12, 2011. The next public meeting will be held Monday, December 19,
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
LEWIS COUNTY, WASHINGTON
ATTEST: Ron Averill, Chairman
Karri Muir, Clerk of the Board P.W. Schulte, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner