2011-12-19 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
December 19, 2011
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, December 19, 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
Schulte moved to approve the minutes from the 10:00 a.m. meeting held on Monday,
December 12, 2011. Commissioner Grose seconded the motion.
Motion Carried 3-0
CONSENT
Commissioner Grose moved to approve Consent Agenda items one through
seventeen. Commissioner Schulte seconded the motion. Karri Muir, Clerk of the
Board, read the items into the record.
1. Resolution No. 11-426 Approval of warrants for payment.
Chairman Averill stated this approves 284 warrants issued by the Auditor’s Office for
$750,699.46 and 261 Payroll Benefits warrants for draws on pay totaling $231,642.00.
2. Resolution No. 11-427 Cancellation of warrants.
Chairman Averill stated this approves cancellation of two warrants issued by the Lewis
County Auditor. One warrant in the amount of $2,862.69 was partially paid to the
incorrect vendor and one warrant in the amount of $139.28 duplicated payment made
by another department. The warrant for $2,862.69 will be reissued.
3. Resolution No. 11-428 Approving an agreement between the Centralia-
Chehalis Chamber of Commerce and the Cities of Chehalis and Centralia for
tourism promotion and visitor information services for 2012.
Chairman Averill stated this approves an agreement between the Centralia-Chehalis
Chamber of Commerce, the Cities of Centralia and Chehalis and Lewis County for
tourism promotion and visitor information services for 2012. Lewis County’s share of
funding for this project is $15,000.00 (from Lodging Tax funds).
4. Resolution No. 11- 429 Committed fund balances for Self Insurance Fund No.
113.
Larry Grove, Lewis County Auditor’s Office, stated we are complying with the new
accounting standard GASB Statement No. 54. The County established a self-insurance
fund in 1979 for workers compensation as a self-insured entity. As part of the new
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standard the Board has the authority to commit the fund balance to a specific purpose
so it will not be available for other purposes.
Chairman Averill stated with this specific fund the State requires that we set 20%
aside. It has to be available in case we go bankrupt.
5. Resolution No.11-430 Approving the County’s Simplified Indirect Cost
Allocation Plan.
Amanda Migliaccio, Auditors Office, stated this Resolution is to establish the cost
allocation rate that will be affective during the 2012 fiscal year. The plan was prepared
in accordance with OMB Circular A-87 and established an indirect cost allocation rate of
19.51%. The rate may be used by any county department for federal grants or
contracts that permit the reimbursement of indirect costs. The rate is applied to direct
salaries charged to the federal grants or contract in order to determine the indirect cost
that may be billed.
6. Resolution No. 11-431 Approving a grant from Fund 159 Auditor O&M to the
Lewis County Historical Society for administrative costs for calendar year
2011.
Chairman Averill stated this approves grant funding of $6,500.00 to the Lewis County
Historical Society from the Lewis County Auditor Operation and Maintenance Fund
(Fund 159). Part of this fund is derived from a surcharge of five dollars per instrument
for each recorded document, one dollar of which shall be used at the discretion of the
County Commissioners to promote historical preservation or historical programs. The
Commissioners have designated $25,000.00 from this fund to the Historical Museum for
2012; however, since the Museum is currently in financial distress this resolution
provides an advance of funding for the remainder of 2011.
7. Resolution No. 11-432 Approving an agreement with Catholic Community
Services in support of Senior Services Programs in Lewis County.
Chairman Averill stated this approves an agreement between Lewis County and
Catholic Community Services (CCS) of Western Washington in support of Senior
Services programs in Lewis County. This contract is for a six month period, through
June 30, 2012 and extends CCS’s current contract maintaining the enrichment program
and operation of the five Senior Center buildings (Twin Cities, Winlock, Toledo, Morton
and Packwood). Lewis County will provide $50,000.00 in contribution to the Enrichment
Program and a $25,000.00 “in kind” lease contribution. This six month agreement will
allow for an annual agreement to be put in place that will run concurrent with CCS’s
fiscal year of July 1 to June 30.
8. Resolution No. 11-433 Appointments to the Criminal Justice Treatment
Account Panel.
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Tara Smith, Social Services, stated this Resolution approves the appointments of
Larry Meade (Chemical Dependency Professional) and Ken Johnson (Criminal Defense
Attorney) to the local Criminal Justice Treatment Panel for the period of July 2012
through June 2013. This is in accordance with RCW 70.96A.350 for the Criminal Justice
Account requiring the appointment of a local panel to guide the County on the use of the
Criminal Justice Treatment Account funds.
Chairman Averill stated while this fund predominately funds the Drug Court it also gets
used for other alternative chemical dependency programs.
9. Resolution No. 11-434 Appointment to the Lewis, Mason, Thurston County
Area Agency on Aging Advisory Council.
Tara Smith, Social Services, stated this Resolution approves the appointment of Linda
Tomasheck as a member of the Area Agency on Aging Advisory Council as a
representative from Lewis County. She will be replacing Steve Clark as a county’s
representative. Linda has completed the application and expressed her desire to serve
on the council.
Chairman Averill stated this is a two year appointment and members can serve three
consecutive appointments.
10. Resolution No. 11-435 Approving a Collective Bargaining Agreement with the
Lewis County Corrections Guild, representing the Lewis County Corrections
Officers.
Archie Smith, Human Resources, stated this Resolution completes the Collective
Bargaining Agreement between the Lewis County Sheriff’s Office and the Lewis County
Corrections Guild. Settlement was reached as a result of an Arbitration Hearing
whereby the Arbitrator rendered a decision on the remaining items in dispute. The
Arbitrator’s award provided for a 1% COLA for 2010 and 1.4% COLA for 2011. Also,
the County Contribution toward health benefits was set at a maximum of $1,138.10.
The CBA covers the period of February 9, 2009- December 31, 2011. Basic
housekeeping procedures were not listed as changes. No management rights were
waived or reduced.
11. Resolution No. 11-436 Ratify consultant supplement and contract change
orders over $40,000.00 per Resolution No. 09-299.
Tim Elsea, Director of Public Works, stated pursuant to Resolution 09-299
requirements, Directors of each of the County departments, under authority of the Board of
County Commissioners, possess authority to execute and bind Lewis County to consulting
services contracts, projects, agreements, grant applications, contract amendments, and
change orders involving the actual expenditure or receipt of less than $150,000.00 per
year funded with Federal or State monies provided that, by resolution, acceptance of such
funding has been authorized and approved by the Board. Further, the Board will ratify by
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resolution, after-the-fact, such contracts, projects, agreements, grant applications, contract
amendments, and change orders in excess of $40,000 but less than $150,000.00. During
2011, Public Works executed individual consultant supplements or individual contract
changes in excess of $40,000. Additionally, some active 2011 projects cumulatively
exceeded this $40,000 threshold. Therefore, post contract ratification is requested for the
following individual and cumulative expenditures for the following state or federally funded
projects:
• Newaukum Bridge Replacement Project – CRP 2072
• PeEll – McDonald Rehabilitation Project – CRP 2145
• Koontz Road Widening Project – CRP 2089
12. Resolution No. 11-437 Amending the authority of appointed Directors of
Departments to execute certain contracts.
Tim Elsea, Director of Public Works, stated this Resolution is intended to amend and
supersede certain provisions of Resolutions 04-281, 08-116 and 09-299 which provide a
streamlined process for approving contracts, agreements, grant applications,
amendments and change orders. Directors will continue to be delegated authority to
execute and bind Lewis County to consulting services contracts, projects, agreements,
grant applications, contract amendments, and change orders involving the actual
expenditure and/or receipt of up to $40,000.00 per year for individual contracts or
services. Directors will also continue to be delegated authority to execute and bind
Lewis County to consulting services contracts, projects, agreements, grant applications,
contract amendments, and change orders involving the actual expenditure and/or
receipt of up to $150,000.00 per year on a cumulative annual basis per project per
contract, provided that, by resolution, the Board ratifies such contracts, projects,
agreements, grant applications, contract amendments, and change orders. Approval of
this resolution will clarify provisions of Resolution 09-299 to eliminate ambiguity in the
language.
13. Resolution No. 11-438 Approving the extension of the maintenance to Hinkley
Road.
Tim Elsea, Director of Public Works, stated the property owners within the Blue
Creek Estate Subdivision, east of Toledo use approximately 200 feet of the
unmaintained Hinkley Road right of way No. 256 for access to Deer Park Lane, a
private drive, which is the access road to the Subdivision. The Blue Creek Estates
Home Owners Association has requested that the County upgrade the 200 feet of the
unmaintained portion of County road right of way to an acceptable standard for County
maintenance. The Blue Creek Home Owner Association has entered into an agreement
with Lewis County for upgrades to the 200 feet of unmaintained right of way and has
paid the County $4,912.87 for the completed upgrades. The 200 feet of unmaintained
right of way has been upgraded to a point that it is acceptable for County maintenance.
This resolution would direct the County Engineer to extend maintenance on 200 feet of
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Hinkley Road to Deer Park Lane and to change all signage and records to reflect said
extension of maintenance.
14. Resolution No. 11-439 Amending Resolution No. 09-409 committing fund
balance for the Solid Waste Capital Improvements into a Capital Improvement
Account with Solid Waste Fund 401.
Tim Elsea, Public Works Director, stated due to rental market conditions, resolution
09-409 authorized a $12,300 increase in monthly rent for the Central Transfer Station
and placed a limitation on the use of the rent increase to future Solid Waste capital
improvements. That market condition adjustment increased the rent above the bond
payment of $38,700 to $51,000 per month. That resolution also placed the excess
funds into the Capital Facilities Plan Fund No. 310 rather than into the Solid Waste
Fund 401. This resolution will amend Resolution 09-409 to direct that all excess funds
collected since the rent increase be placed into the Solid Waste Fund 401 and will direct
all future excess funds to be placed into this fund as well. It further directs that after the
final bond payment in 2020 the entire monthly rent will be placed in the Solid Waste
Fund 401.
15. Resolution No. 11-440 Final approval of “Onalaska Heights”. An 18-lot
subdivision.
Lynn Deitrick, Community Development, stated this Resolution grants final approval
of “Onalaska Heights”, an 18-lot subdivision located in a portion of Section 29,
Township 13 North, range 1 East, W.M., Lewis County, Washington. The developer has
met all conditions of preliminary approval that was granted by Resolution 11-138, dated
April 25, 2011. A public hearing was conducted by the Lewis County Hearing Examiner
in conjunction with this proposed plat on April 4, 2011. Preliminary approval for
“Onalaska Heights” was granted by the Lewis County Board of County Commissioners
April 25, 2011. The proposed subdivision has met all requirements imposed by the
Hearings Examiner and approved by the Board of County Commissioners. The
proposed plat meets the minimum requirements for water and sewage disposal as
administered by Environmental Services and provided by Water-Sewer District #2
(Onalaska). The plat meets the minimum requirements for access and roads as
administered by Public Works. The proposed plat complies with all of the land use
regulations in effect at the time the application was complete.
16. Resolution No. 11-441 Approving an inter-local agreement with the City of
Chehalis regarding Fire Marshal services to unincorporated areas of Lewis
County.
Robert Johnson, Director of Community Development, stated the County is
currently under contract with the City of Chehalis for certain Fire Marshall services
including investigations for fires. The City also provides for inspection services in
unincorporated Lewis County. That contract allows for up to three renewals of the
contract by approval of both parties. This Resolution authorizes the Community
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Development Director to sign the contract extending it for an additional year through
December 31, 2012.
Chairman Averill stated some people may be aware that one of the county employee
carries a bag and has the title Fire Marshall yet we are going out and contracting for
other Fire Marshall services. He asked Mr. Johnson to explain.
Robert Johnson stated our Building Official is the Flood Plain Manager and the County
Fire Marshall. Because he holds a number of hats and lives outside of the County it is
more cost effective for the County to enter into an inter-local agreement with a local Fire
District to provide this service.
17. Resolution No. 11-442 Approval of a Second Supplement to Personal Services
Agreement with Anchor QEA.
Robert Johnson, Director of Community Development, stated an appropriation in
the 2012 Washington State budget authorized and set aside funding for the Flood
Authority which may be used for certain fish-related studies. The County acts as the
fiscal agency for the Flood Authority. In 2010, the County, acting as the fiscal agency
for the Flood Authority, and Anchor QEA entered into an Agreement for studies related
to fish and that Agreement was amended by a Supplementary Agreement in September
2011 by Resolution No. 11-262. Under terms of the Supplementary Agreement, certain
deliverables were to be completed by December 31, 2011. Due to a number of
circumstances, the deliverables cannot be completed by that date. At the December
15, 2011 meeting of the Flood Authority, the Anchor QEA Agreement was discussed,
including the Agreement end date. The Flood Authority authorized a Second
Supplemental Agreement to extend the end date of the Supplemental Agreement
between Lewis County and Anchor QEA from December 31, 2011 to June 30, 2012.
Chairman Averill stated the original fish study was to look at what is going to be the
impact on fish if we were to build a water retention facility south of PeEll. The contract
was let out in 2010 but unfortunately we had a problem with access onto Weyerhaeuser
properties and other issues at the start of that contract so instead of beginning on the
first of July they didn’t get into the field until late in September. During last year’s
legislature the legislature allowed for additional time for them to finish the study but also
allowed for them to do further studies in other areas. One of those studies was
enhancement which says whatever damage is done with water retention can I mitigate
for that or enhance other areas of the river to make up for that problem. Another study
on sediment flow from the dam site was directed. Both were approved at the end of the
session and we didn’t contract with Anchor QEA until almost August. It was never
intended that the new contracts would be done in December. The Flood Authority at
their meeting last week agreed that these studies are very important to us and we need
to give Anchor QEA the time to complete it.
Motion Carried 3-0
HEARING
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• Hearing- Adopting the 2012 Vader Budget-Resolution No. 11-443
Chairman Averill announced the hearing and asked for a staff report.
Dawna Truman, Budget Director, stated the City of Vader water system was put into
receivership on October 29, 2010 and Lewis County became responsible for the care
and maintenance of the system as of January 1, 2011. The Board has conducted
various County meetings, hearings, and work session to consider the 2012 budget for
the Vader Water System. The requested 2012 budget for the Vader Water System is in
the amount of $266,966.00 for revenue and $269,949.00 for expenditures. There is an
expectation that there will be funds available at the end of 2011 to support the 2012
budget.
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. 11-443.
Commissioner Grose seconded the motion. Karri Muir, Clerk of the Board, read the
item into the record.
Resolution No. 11-443 A Resolution for the Vader Water System Fund 623 to
Approve the 2012 Adopted Budget.
Motion Carried 3-0
• Hearing-Approving the 3rd 2011 Budget Amendment-Resolution No. 11-
444
Chairman Averill announced the hearing and asked for a staff report.
Dawna Truman, Budget Director, state the 3rd 2011 budget amendment has been
published in the East County Journal on December 7th and 14th. Below is a summary
of the changes affected by this budget amendment resolution.
CURRENT EXPENSE:
Revenue: $21,328.00
Expenditures: $274,240.00
Fund balance: $(252,912.00)
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OTHER FUNDS:
Revenue: $560,292.00
Expenditures: $1,450,931.00
Fund balance: $(890,639.00)
ALL FUNDS: NOTICED AMOUNT
REVENUE: $572,656.00
EXPENDITURES: $1,411,357.00
FUND BALANCE: $(838,701.00)
Changes – $8,722.00 - Fund 140 CDBG Grant, increased exp. and rev
$6,500.00 - Fund 159 Auditors O&M increased exp. and decreased fund
balance.
$8,350.00 - 001-121 Budget/Fiscal Services increased exp. and
decreased fund balance.
$242.00 – 001-701 WSU Extension, increased exp. and rev.
$15,000.00 – 001-110 Prosecutors increased exp. and use of fund
balance
$200,000.00 – Fund 505 Risk Management increased exp. and use of
fund balance
$1,914.00 – 001-201 Sheriff increased exp. and use of fund balance
$(1,914.00) – Fund 165 Gambling & Fraud Enf. Decreased exp. and
increased fund balance
$75,000.00- Fund 106 SWWF Increase in exp. and decrease in fund
balance
ALL FUNDS: FINAL AMOUNT
REVENUE: $581,620.00
EXPENDITURES: $1,725,171.00
FUND BALANCE: $(1,143,551.00)
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 Grose made a motion to approve Resolution No. 11-444.
Commissioner Schulte seconded the motion. Karri Muir, Clerk of the Board, read the
items into the record.
Resolution No. 11-444 Lewis County 2011 Budget, Emergency and Supplemental
Appropriations to and Transfers within Current Expense and Various Funds.
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Motion Carried 3-0
• Hearing- Ordinance 1235- Exempting testing of ammunition at an
authorized manufacturing facility
Chairman Averill announced the hearing and asked for a staff report.
Robert Johnson, Director of Community Development, stated this hearing was
noticed in the East County Journal on November 28, 2011. under existing County Code
Chapter 9.10.030, discharge of a firearm is prohibited within a “no shooting zone.”
Exemptions allow discharge under certain conditions. No exemption currently exists for
lawfully operating ammunition manufacturing facilities. Testing is not allowed in “no
shooting” zones. The proposed ordinance would provide for an exemption, allowing the
discharge and testing of ammunition by an authorized manufacturer in facilities
designed for such testing.
Chairman Averill stated we have set no shooting zones in a few locations in the
County where we have populations that are fairly close together. What we have in
Packwood now, after many years of the East Lewis County PDA having trouble keeping
tenants, is the Silver State Armory came to us wanting to establish an ammunition
manufacturing facility at the PDA. Part of their business is to make sure what they
manufacture works. They did have a firing range facility in the new building but there is
a need for an outside facility with more room to test larger calibers of ammunition. So,
they have come to us so they can do that.
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 asked that his 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 Ordinance 1235. Commissioner
Grose seconded the motion. Karri Muir, Clerk of the Board, read the items into the
record.
Ordinance No. 1235 An Ordinance of Lewis County, Washington Amending
Chapter 9.10.030, Lewis County Code, Adding a New Subsection (E) Providing for
an Exemption for testing of Ammunition by an Authorized Manufacturer at an
Approved Facility.
Motion Carried 3-0
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There being no further business, the Commissioners’ public meeting adjourned at 11:14
am on December 19, 2011. The next public meeting will be held Monday, January 9,
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: Ron Averill, Chairman
Karri Muir, Clerk of the Board P.W. Schulte, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner