2010-06-21 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
June 21, 2010
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, June 21, 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, June 14, 2010. Commissioner Averill seconded the motion.
Motion carried 3-0
PUBLIC COMMENT
Mimi Silvers, Centralia, WA, stated she is in favor of E-Verify. She feels that hiring
illegal immigrants are taking the jobs that young people in America could do.
Stan Blunt, Aberdeen, WA, stated there is a problem in Grays Harbor County with
salal contractors. There are approximately 40,000 acres covered in salal and a major
contractor in the area works the land with over 300 illegal immigrants. He feels it is good
to pass E-Verify so we can restrict illegal immigration.
Hal Washburn, Ollala, WA, stated he would like to provide a voice for people who do
not know about E-Verify. He knows a lot of business owners in Lewis County and it is
hard for them to compete with the low wages paid to illegal immigrants. He also noted
that WA State is one of three where a person can obtain a driver’s license without
showing proof of citizenship. He feels this is a good thing for the County.
Leon Donahue, Tacoma, WA, he supports E-Verify for every county and city. He feels
it is very accurate and is free to use, except for inputting the data.
Commissioner Grose stated that the City of Tacoma passed E-Verify and condemned
the Arizona law. He asked if this was a conflict of interest.
Mr. Donahue stated they did not pass at the same meeting.
Bill Smith, Onalaska, WA, stated he is excited that E-Verify is going to limit the number
of illegal immigrants coming into Lewis County. He noted that a lot of the terrorist come
into America by crossing our borders. The Nation should not allow this to go on. He
commends the Board for passing E-Verify.
Robin Roy, Cinebar, WA, stated her family lost everything because of illegal immigrant
workers. She wants E-Verify passed to stand up for America and the people who live
and work in Lewis County.
Roger Manecker, Cinebar, WA, stated he supports E-Verify. He feels this is a step to
discourage illegal immigrants.
Ed Johnson, Cinebar, WA, stated he is concerned about our country. He feels passing
E-Verify is a good thing for the County.
Commissioner Averill thanked everyone for their comments. He noted this is the third
step with the E-Verify process. We are already enrolled in the program and this is the
last piece.
Commissioner Grose stated this was an issue that we did not know was going on.
Being a past contractor he has concerns about the burden this may put on contractors.
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Right now E-Verify is free, but he feels down the road there may be a cost associated
with it. He is concerned with the paperwork that will be associated with it.
NOTICE
Commissioner Averill made a motion to approve Notice Items one through three.
Commissioner Grose seconded the motion. Karri Muir, Clerk of the Board read the
items into the record.
1. Notice of Request for Proposals: For flood storage fish analysis for the
Chehalis River Basin Flood Authority. Proposals will be opened on or after
10:00 on Monday, July 12, 2010.
Bob Johnson, Community Development stated the Flood Authority was given an
appropriation from the State Legislature. A condition of the appropriation was to do the
studies, that are currently being approved, have a peer review done on them. This RFP
will solicit proposals from qualified consultants to do the analysis.
Commissioner Averill stated the Legislation had two things and one was the peer
review. He clarified that the RFP that was going out was for the fish studies on the river.
He pointed out that this is the first step of the process.
2. Resolution No. 10-154 Notice of a resolution pertaining to competitive
bidding, dispensing with advertisement and formal sealed bidding with
respect to purchases and leases under $25,000.00 and notice Lewis County
Vendor list and solicitation.
Commissioner Averill stated this resolution approves the notice of the Lewis County
Vendor List and Solicitation and Competitive Bidding pursuant to Resolution 95-41 and
RCW 39.04.190. This notice must be published in the County’s Official Newspaper.
This notice pertains to competitive bidding, dispensing with advertisement and formal
sealed bidding with respect to purchases and leases under $25,000.00. Notice is
provided of the vendor list and solicits prospective vendors. This is an annual
requirement posted by the Auditor’s Office.
3. Notice of Hearing: Regarding a license to NOANET to construct, operate,
and maintain telecommunications facilities on the Highway 603 right of
way. Hearing will be held on or after 10:00 a.m. on Monday, July 19, 2010.
Resolution No. 10-155
Larry Unzelman, Public Works stated NOANET has telecommunications facilities on
Highway 603 near Napavine. Their existing license has expired and this license will
serve to renew their rights to occupy the Highway 603 right of way approximately 1.5
miles northwest of Napavine. The NOANET facilities cross Highway 603 at the
Bonneville Power substation. This resolution will set July 19, 2010 as the date for a
hearing on the franchise. Required postings and publications will be done.
Commissioner Averill clarified that NOANET has had a license in Lewis County and
they want to extend it.
Motion carried 3-0
CONSENT
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Commissioner Grose made a motion to approve Consent Items four through ten.
Commissioner Averill seconded the motion. Karri Muir, Clerk of the Board read the
items into the record.
4. Resolution No. 10-156 Acceptance of Inter-local Agreement between City
of Centralia and Lewis County for 2010 Byrne Justice Assistance Grant
(JAG) Program Award.
Steve Walton, Sheriff’s Office stated the JAG Program is the primary provider of
Federal Criminal Justice Funding to State and local jurisdictions. The City of Centralia
and Lewis County are jointly eligible for $14,675.00 in JAG funding. Through a mutual
agreement with Chief Berg, City of Centralia and Sheriff Mansfield, they have agreed to
allow Centralia to use money to improve their mobile van unit. The benefit to the County
is that it is an enhanced mobile asset and Chief Berg has agreed to allow us to use is as
needed. Since all the money is going to Centralia it creates a disparate allocation
situation and the grant guidelines require an inter-local agreement to be accepted
between the two parties.
Commissioner Averill stated he was interested in what caused the disparity in the
agreement. He discovered that because Centralia doesn’t have a jail and they use our
facility, this is what caused the disparate condition. Since it’s both a county and a local
match we have to have an inter-local agreement.
5. Resolution No. 10-157 Contract Amendment between Lewis County and
the Division of Behavior Health and Recovery Services for chemical
dependency treatment funds.
Tara Smith, Social Services stated this is contract amendment No. 5 for a previous
biennium 2007-2009. It will allow us to close out that contract. There are Criminal
Justice Treatment Account funds that are distributed by the Legislature to the State and
down to the County’s for chemical dependency treatment. At the end of the biennium
there were unspent funds statewide from other counties. In January of 2010 they knew
the amount of funding that was available for counties that may have over spent their
Criminal Justice Treatment Account funds, which allows them to redistribute that
funding. This contract amendment allows us to receive $10,199.00 in additional funding.
Commissioner Averill stated another county didn’t use their money and it was made
available by DSHS to other counties to get the funds. This is going to go in the CJTA
fund to support Drug Court.
6. Resolution No. 10-158 Approval to transfer funds for use during the
Southwest Washington Fair to the revolving working account.
Michael Strozyk, Central Services, stated as we approach the Fair, we do a transfer
of funds to the Fair for day to day use. One of the transfers is for $600.00, and this
goes in the cash drawer for change for advanced ticket sales. The second amount is
for $25,000.00 to support day to day operations. This transfer will be made the
week before the Fair starts. It will support the day to day activities during the fair. All
these funds are returned back to the Treasurer on or before August 31, 2010.
Commissioner Averill stated we are drawing out operating funds in advance of the
Fair and then replenish the funds back to the County. This money is kept at Security
State Bank and not on the fairgrounds.
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7. Resolution No. 10-159 Approval to transfer funds for use during the
Southwest Washington Fair to withdraw as needed to fill the ATM machines.
Michael Strozyk, Central Services, stated the County has a contract with US National
ATM Company to provide ATM services at the SWWF during the Fair. We stock the
machines that are provided to us for a fee of .75 per transaction. This resolution puts
$100,000.00 into a secure account at Security State Bank so funds can be
withdrawn on an as needed basis to restock the machines. The funds will be
returned to the Treasurer’s Office by August 31, 2010. The contract with National
ATM states they have to return the funds that are withdrawn from the machines on a
daily basis within two days to us. In exchange for this service we collect .75 per
transaction which amounts to about $1,000.00 in revenue to the SWWF.
8. Resolution No. 10-160 Approving a contract between the Washington
State Military Department and Lewis County Communications for E911
operational funding assistance.
Michael Strozyk, Central Services stated this is the annual contract between LC
Communications Division and the State Department of Military for annual support of
the LC 911 Communication Center. Every year we enter into a contract. We are one
of 29 counties in the state that still qualify for support from the State Office, to
enhance 911. This year the contract is in the amount of $95,550.00. The State
allows 11 items to be paid for with this money. This contract will be amended after
January, 2011 and will be amended again after June 30, 2011.
Commissioner Averill stated the money we are receiving comes from the excise tax.
Is it the State Excise Tax or Local Excise Tax?
Mr. Strozyk stated it comes from the State allocation.
9. Resolution No. 10-161 Requiring contractors to comply with E-Verify
requirements of County awarded contracts for $100,000 or more.
Archie Smith, Human Resources stated Federal Executive Order 13465 requires as a
condition of Federal Contracts that the contractor agrees to use E-Verify. This
resolution will require all contractors awarded a contract by Lewis County of
$100.000.00 or more to meet the Federal Acquisition Regulation (FAR) by providing
a certified document that all employees working on the project meet the FAR
standards.
Chairman Schulte asked if it was already illegal to hire illegal immigrants.
Mr. Smith stated it is.
Chairman Schulte stated this is another law that duplicates previous laws that haven’t
been enforced.
Mr. Smith stated that is correct. We are required to fill out an I-9 on every employee
and we do that now. E-Verify is an additional process along with the I-9 requirement.
This is the third step that Lewis County has taken. We follow the Federal E-Verify
requirement, the employment E-Verify process, and now we are requiring
contractors who do work for the County to follow the E-Verify process. He also noted
that there has been an increased burden on Lewis County because of E-Verify,
because we do employ casual employees.
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Chairman Schulte asked if we do the I-9 process on the casual employees now.
Mr. Smith stated we are using the I-9 process now and those documents must be
reviewed in person by the person that is helping the new employee fill out the
paperwork.
Chairman Schulte noted that he spent 24 years in the US Coast Guard interdicting
illegal immigrants. He has personally sent thousands of illegal immigrants back to
their country. The problem with E-Verify is that it will not fix our border problems, it
will not fix immigration problems, it will not ban illegal immigration, it does not track
or deport criminals, it only adds another layer of requirements on an already
burdensome process on American business. The Federal Government has to fix
immigration problems. They have to secure the border, and they have to enforce
laws that are already on the books. All of these things are already illegal and if a
state enforces these laws they catch a lot of flak from the Federal Government and
other states. Our problem with immigration isn’t with double checking local contracts
and requiring businesses to do this, the problem with immigration starts at the border
and with the Federal Government. We either need immigration reform or enforce the
laws we already have on the books or we do not need additional requirements on
local businesses. For that reason, not because he doesn’t agree with the citizens on
immigration, he is going to vote no on the E-Verify Resolution.
10. Resolution No. 10-162 Approval of a fourth supplement to the
professional service agreement between Lewis County and ESA Adolfson
for consulting services in support of the Flood Authority.
Bob Johnson, Community Development stated in 2008 ESA Adolfson was
contracted through Lewis County, acting as the Fiscal Agent for the Flood Authority, to
provide consulting and facilitation services. This resolution provides funding for
additional facilitation and consultation through ESA Adolfson. The contract is not to
exceed $298,520.00.
Commissioner Averill stated this has been passed by the Flood Authority. There was
a long discussion on this because the Flood Authority is in the process of working and
has already let a contract to FCS to form a Flood Zone District, which hopefully will be
operating by July 2011, and will take over the responsibilities that are being performed
by the Flood Authority. His concern was not that ESA Adolfson was providing a service
to the Flood Authority, but he is concerned that this contract amounts to about 20% of
the budget for this facilitation. Some of the things that were on the list of deliverables
are not going to occur, and as a result we will have the amount down to about
$280,000.00. He believes we will have other areas we will get a better bang for our buck
on this contract. As a result, the City of Centralia and he approved this contract with
reservation, requesting that ESA Adolfson carefully look at the number of people they
send to meetings and the need to perform certain functions to keep the expenditures
down as much as possible.
Commissioner Grose made a point of order that a motion was made to approve the
Consent Agenda, and we need to amend that motion if we are going to withdraw
Resolution No. 10-161.
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Commissioner Averill made a motion to amend the motion to approve the Consent
Agenda to consider Item nine and ten separately. Commissioner Grose seconded the
motion.
Motion carried 3-0
Chairman Schulte called for the approval the Consent Agenda Items four through
eight. Motion carried 3-0
Chairman Schulte called for the approval of Consent Agenda Item number nine.
Motion carried 2-1 with Chairman Schulte voting no.
Chairman Schulte called for the approval of Consent Agenda Item number ten.
Motion carried 3-0. Chairman Schulte approved with reservation.
Commissioner Averill stated that E-Verify has the approval of the WA Attorney
General. Lewis County has implemented this program. He agrees that there are some
expectations that the citizens have about E-Verify. Lewis County can only do in E-Verify
those issues that come before us. This does not have any obligation on business
contracts that are made by independent businesses who are not working for the County.
It only involves those on our County contracts. He supports the idea of E-Verify and we
have shown that by adopting the Federal program, verification for our employees and
contracts over $100,000.00.
Commissioner Grose stated this issue is a major thing for him. In the County, we do
not want to hire illegal immigrants and we do not want our contractors to hire them. The
private sector is a different story. He doesn’t like hearing stories where the Government
is taking over businesses for hiring illegal aliens; he does not support this type of
activity. He asked the citizens in the audience to take their furor to pursue the WA State
Dept of L&I regarding our child labor laws, so we can get kids with experience. It is
tough to hire kids in America but we can hire illegal immigrants to do the work. He
encouraged them to take some of their zeal to elected officials at the State level and to
people who are appointed to L&I and get this word out to them that the child labor laws
are very stringent.
Chairman Schulte stated we need to support and fund agencies that do immigration.
He doesn’t feel th at this is the right place to do the third part of E-Verify.
HEARING
Hearing Franchise to the Remund’s
Chairman Schulte announced the hearing and asked for a staff report.
Larry Unzelman, Public Works, stated the Remunds have made an application to
Lewis County for a franchise to provide water to their property by installation of a water
line from the Boistfort water main on Lost Valley Road to their property on Wendling
Road. The proposed two inch line will be capable of serving their property but will not
have sufficient capacity for additional hook-ups. The County does have concern with
potential for multiple service lines in the right of way in the future and the Boistfort Water
System has been notified that the County’s reaction to future franchise requests in this
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area may require that individual franchise not be granted, but rather that Boistfort Water
System extends their main line at that time.
This franchise is being granted pursuant to and in conformance with RCW 36.55 and
Lewis County Code 12.25 through 12.50, for a non-exclusive Franchise to construct,
operate and maintain water system facilities within County rights of way.
Resolution 10-130, passed by the BOCC on May 24, 2010, set June 21, 2010 as the
date for hearing on the matter of granting a franchise for a water system on portions of
Lost Valley and Wendling Roads. The franchise is for a five year term.
RCW 36.55 requires that no hearing be held on a proposed franchise grant until 5 days
after the last publication date, and 15 days after posting of the notice thereof in three
public places. Publication must be twice in the official newspaper for publication in the
County. Publication occurred on May 26, 2010 and June 2, 2010, and the franchise was
posted in three public places.
The Franchise has been reviewed and agreed to by the Remund’s. The Public Works
Department recommends this franchise be approved.
Commissioner Averill stated this franchise is allowing our right of way for the pipe to
go in so the extension of the Boistfort Water System can go out to the Remund’s
property. We asked why Boistfort didn’t extend the system to this property. But the
Boistfort Valley is not a good place to drill wells. The Boistfort Water System suffered
severe damage in the 2007 flood at great cost to the company and to the people who
are part of that system. He understands the hesitation on the part of Boistfort Water at
this time and asking them to bear cost of extending a mile of pipe. However there are a
number of people who could join that system in between. This is an exception and any
future connections along this line will have to extend out the new main line, because we
do not want multiple pipes in that right of way.
Commissioner Grose asked if this was a five year renewal.
Mr. Unzelman stated it was for five years.
Chairman Schulte closed the question and answer portion of the hearing. He opened
the formal hearing.
Mr. Unzelman asked that his comments be adopted into the hearing.
Chairman Schulte asked if there was anyone who would like to speak for or against
the Franchise to the Remunds.
Rene Remund, Boistfort stated that Mr. Unzelman and his staff have been very helpful
getting this done. He appreciates the County support in doing this.
Chairman Schulte closed the hearing and asked for a motion to approve Resolution
No. 10-163.
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Commissioner Averill moved to approve Resolution No. 10-163. Commissioner
Grose seconded the motion.
Motion carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at 11:12
a.m. on June 21, 2010. The next public meeting will be held Monday, June 28, 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