2010-03-22 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
March 22, 2010
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, March 22, 2010, at 10:00 a.m. COMMISSIONERS P.W.
SCHULTE, RON AVERILL and F. LEE GROSE were in attendance. Chairman
Schulte 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, March 15, 2010. Commissioner Averill seconded the
motion.
Motion carried 3-0
Notice
Commissioner Averill made a motion to approve Notice Item one. Commissioner
Grose seconded the motion. Commissioner Averill read the proclamation into the
record.
1. Proclamation: Proclaiming the month of April as Sexual Abuse/ Assault
Awareness Month.
Katie Braae, Human Response Network, noted that this year’s campaign is “Be the
Solution”. Everyone can be part of the solution and break the silence of sexual abuse.
Commissioner Averill made a motion to approve Notice Items two and three.
Commissioner Grose seconded the motion. Karri Muir, Clerk of the Board read the
items into the record.
2. Notice of Hearing: Regarding the amended Six-Year Transportation Program
2010- 2015 and the Annual Construction Program. Hearing will be held on or after
10:00 a.m. on April 5, 2010.
Rod Lakey, Public Works, stated pursuant to RCW 36.81.121, all cities and counties
are required to prepare, adopt and submit a Six-Year Transportation Improvement
Program (STIP). The requirements for the Annual Construction Program are in WAC
136.316. This part of the WAC is intended to provide for an evaluation of compliance
with the construction by county forces. The Jobs Bill, Rural Arterial Program (RAP), and
other updates make it necessary to amend our adopted STIP and the Annual
Construction Program. A hearing must be held to amend these programs. This notice
sets the hearing date for April 5, 2010. Copies are available at the Public Works
Department and also on the Lewis County Webpage.
3. Notice of Acceptance: Acceptance of the 2009 Countywide Base Stabilization
Project. Resolution No. 10-075
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Rod Lakey, Public Works, stated Lewis County is in receipt of all close out
documents and Public Works has certified the completion of the contracted work for
this project. It appears that the work meets the contractual obligations of the project
specifications and drawings. It is recommended that the BOCC accepts the project and
issues a certification of completion for the Countywide Base Stabilization Project.
Commissioner Averill stated what we are saying is that the project is complete, we
have inspected all of the various projects within the Base Stabilization Project and in
the County’s view the job is satisfactory. We are ready to close this project. If there are
any subcontractors that have any issues they have 45 days to notify the County. Is this
correct?
Mr. Lakey stated that is correct
Commissioner Grose asked if we officially notify the sub contractors of this
acceptance agreement, if there were any sub contractors to notify.
Mr. Lakey stated there were no sub contractors on this project.
Motion carried 3-0
Consent
Commissioner Averill made a motion to approve Consent Items four through six.
Commissioner Grose seconded the motion. Karri Muir, Clerk of the Board read the
items into the record.
4. Resolution No. 10-076 Establishing a Gender Equity Policy for County
Recreational Facilities.
Mike Strozyk, Central Services stated that Senate Bill 5967 was passed in the 2009
Legislative Session. The Bill states that no city, town, county, or district may
discriminate against any person in a community athletics program on the basis of sex.
Lewis County no longer has recreational sporting leagues, but the County still owns
recreational facilities that host those leagues, so we need to adopt this resolution
prohibiting any discrimination. This is a practice we already have in place, but this is a
housekeeping item. This will be posted on the County website and it will be posted at
the recreational facilities, and included in any rental agreement for the facilities.
Commissioner Averill stated that Title 9 was originally a Federal Bill which was
designed to try to get equity to women’s programs. Federal laws that are passed don’t
necessarily get picked up locally and the Legislature decided to pick this one up in the
last session. We are complying with the local areas. He pointed out that unfortunately
during previous recession we cut back our County Park Programs significantly. There
are a couple of parks that have facilities where programs are done by local groups. This
policy is letting those groups know that if they conduct a sports program they need to
comply with gender equity.
5. Resolution No. 10-077 Extra help rate for Deputy Court Clerk.
Kathy Brack, Lewis County Clerk, stated as part of the 2010 Budget process her
department had to reduce the Vault Clerk position. The person holding that position was
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able to retire at the beginning of March. We are going to bring her back for a couple of
days a week. There is a lot involved to work in the vault, so hiring someone with the
knowledge to do the job will be tremendous help to the Clerk’s Office.
Commissioner Averill stated the rate of pay will be $18.44 per hour and will be 16
hours per week. The funding is coming from a position that was already budgeted and
the person retired and we are bringing that person back.
6. Resolution No. 10-078 Approving Title III contracts with various Fire Districts
Commissioner Averill stated this resolution approves three contracts, using USFS
Secure Rural Schools Title III Funds for various Fire Districts in Lewis County to ensure
proper use of such funds. The recipients receiving funds for firefighting equipment are:
• Lewis County Fire District # 1 (Onalaska) $51,000.00
• Lewis County Fire District # 8 (Salkum) $51,000.00
• Lewis County Fire District # 14 (Randle) $93,000.00
Motion carried 3-0
Hearing
Hearing 7th 2009 Budget Amendment
Chairman Schulte announced the hearing and asked for a staff report.
Dawna Truman, Fiscal stated the 7th 2009 budget amendment has been published in
the East County Journal on March 10th and 17th. Below is a summary of the changes
affected by this budget amendment resolution.
CURRENT EXPENSE: $10,000
Emergency appropriations (use of reserves to cover costs) total: $10,000
• Coroner: $10,000 Use of fund balance and increasing expenditures for an
increase in small tools, Intergovernmental professional services and Professional
Services/Medical.
OTHER FUNDS: $70,000
Emergency appropriations (use of reserves to cover costs) total: $44,700
• Packwood Airport Fund: $40,000 Use of fund balance ($14,700) and
increasing revenue ($25,300) for an FAA project funded through WSDOT. More
work was completed in 2009 than expected, resulting in more consulting fees.
• County Insurance-Workers Comp: $30,000 Use of fund balance due to a
Labor and Industries billing for pension and disability payments arriving in
February of 2010 and charged to the 2009 budget.
Total amendment $80,000
Chairman Schulte asked if there were any questions.
Commissioner Averill stated that 2009 was a hard year and as result of that we have
had to have more budget amendments than we would like to. We do not have control
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over the Auditor’s Office, so when expenditures are paid out of the 2009 budget an
amendment may need to be done.
Chairman Schulte closed the question and answer portion of the hearing and opened
the formal hearing.
Ms. Truman asked that her previous comments be adopted into the record.
Chairman Schulte asked if there was anyone who would like to speak for or against the
Budget Amendment. There was no one. He closed the hearing and asked for a motion
to approve Resolution No. 10-079.
Commissioner Averill moved to approve Resolution No. 10-079. Commissioner
Grose seconded the motion. Karri Muir, Clerk of the Board, read the item into the
record.
Motion carried 3-0
Hearing
Hearing Ordinance 1212
Chairman Schulte announced the hearing and asked for a staff report.
Bob Johnson, Community Development, stated there would be two hearings being
held on topics that are related. Ordinance 1212 will be to amend LCC 12.05 and
Ordinance 1213 will be to amend LCC 9.10. Both of these ordinances are connected.
The intent of these hearings is to adopt regulations dealing with the display and use of
firearms within county parks and then to establish the county parks as “No Shooting
Zones”.
Currently LCC Chapter 12.05 is not consistent with the adopted State law. In 2009, the
State amended the State law related to use and display of firearms in RCW Chapter
9.41. The County will adopt regulations to make County Code 12.05 consistent with the
State law. This is to strike one line in section 12.05 which currently reads “It is unlawful
for any person to discharge or display any firearm or weapon on park property.”, and
substituting with “Possession and use of firearms with in parks shall be governed by
Chapter 9.41 Revised Code of Washington, as amended from time to time.”
We did hold a hearing on this previously and questions were raised and we needed to
address those.
Commissioner Averill noted that RCW 9.41 relates to firearms. It is rather extensive,
talking about where firearms can be controlled and areas where they cannot be
controlled. The most significant part of the Code is that the State reserves the right to
make all regulations on use of firearms, and specifically restricts cities and counties
from changing those regulations. That is different in many laws that are passed by the
State, where lower jurisdictions in an area where one is restricted, they can be more
restrictive or in an area where they set a certain bar, you are able to sometimes go
below the bar. In this case we do not have that choice. We looked at our regulations
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and the only area we needed to change was in the parks. We feel it is necessary to
bring our LCC in line with the State law. The easiest way to do that is to adopt the
State law by reference. The Sheriff is concerned about this and the real concern was
the discharge of weapons in the parks and we do have “No Shooting Zones” in the
County. The Board addressed the issue of discharge by making the county parks “No
Shooting Zones”. He also said this is setting a precedent, he feels very strongly about
the Second Amendment, the right of citizens to carry weapons. He also knows that
there is responsibility that goes along with the amendment. Those people who are
supporters of the Second Amendment do not support irresponsibility. A tone is being
set here by the “No Shooting Zone”.
Mr. Johnson stated the RCW does allow the local jurisdiction to adopt “No Shooting
Zones”.
Chairman Schulte 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. He
asked if there was anyone who would like to speak for or against Ordinance 1212.
Mr. Johnson asked that his previous comments be adopted into the record.
Sheriff Mansfield thanked the Board for addressing his concerns on the initial ordinance
and commended the Board for the courage to go forward in addressing those concerns
and making the county parks “No Shooting Zones”. He is also a strong supporter of
Second Amendment rights, but our parks do not need to be a place where we have
people firing their weapons.
Commissioner Grose let the Sheriff know that the Hopkins Hill Viewpoint is one area
we didn’t realize was county park property. We have included this as part of the
Ordinance. He would like the Sheriff’s view on this. It concerns him because it is at the
end of a road and he can visualize people going up and shooting guns.
Sheriff Mansfield stated they would work on this area.
Chairman Schulte closed the hearing and asked for a motion to approve Ordinance
1212.
Commissioner Averill moved to approve Ordinance 1212. Commissioner Grose
seconded the motion. Karri Muir, Clerk of the Board read the Ordinance into the
record.
Motion carried 3-0
Hearing
Hearing Ordinances1213
Chairman Schulte announced the hearing and asked for a staff report.
Bob Johnson, Community Development, stated this Ordinance will amend LCC 9.10
and will establish Lewis County Parks as “No Shooting Zones”. The following will be
added to LCC 9.10:
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Back Memorial Park, Chehalis, WA
Rose Park, Chehalis, WA
Schaefer Park, Centralia, WA
South County Park, Toledo, WA
Mineral Lake Swim Area, Mineral, WA
Hopkins Hill View Point, Morton, WA
Claquato Church, Chehalis, WA
St. Urban Church, Winlock, WA
Chairman Schulte asked if there were any questions. There were none. He closed the
question and answer portion of the hearing and opened the formal hearing.
Mr. Johnson asked that his previous comments be added into the record.
Chairman Schulte asked if there was anyone who wanted to speak for or against
Ordinance 1213.
Sheriff Mansfield asked that his comments from Ordinance 1212 be adopted into the
record for Ordinance 1213.
Commissioner Averill asked that his comments from Ordinance 1212 be adopted into
the record for Ordinance 1213.
Chairman Schulte closed the hearing and asked for a motion to approve Ordinance
1213.
Commissioner Grose moved to approve Ordinance 1213. Commissioner Averill
seconded the motion. Karri Muir, Clerk of the Board read the Ordinance into the record.
Motion carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at 10:44
am on March 22, 2010. The next public meeting will be held Monday, March 29, 2010,
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: P.W. Schulte, Chairman
Clerk of the Board Ron Averill, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner