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Minutes 2016-11-28 (2)
BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON BOARD MEETING MINUTES November 28, 2016 The Board of County Commissioners (BOCC) for Lewis County, Washington, met in regular session on Monday, November 28, 2016 at 10:00 a.m. Commissioners P.W. "Bill" Schulte, Gary Stamper, and Edna J. Fund were in attendance. Chair Schulte called the meeting to order, determined a quorum and proceeded with the flag salute. Commissioner Fund moved to approve the minutes of the 10:00 a.m. Monday, November 21, 2016, Business Meeting. Commissioner Stamper seconded the motion. Motion carried 3-0. Public Comment Julie McDonald Zander, Toledo, spoke against closing the senior centers. She asked the BOCC to reconsider the budget and fund the senior center. She also asked for transparent public meetings so people can come and offer solutions and suggestions. Ken Norberg, Toledo, stated he wants to see that the senior centers in this county are retained as liable entities. Joan Norberg, Toledo, stated she is not happy with the lack of transparency. Mona Rae Fish, Centralia, spoke in support of the senior centers. David Dunham, Winlock, stated "If you give one person a dollar, you've got to give the other one a dollar" "you close one you close them all". He stated "if the Prosecutor is giving false advice then cut their funds." Jimi O'Hagan, Pacific County, thanked the people of Lewis County for supporting him. He then read a written statement into the record. Don Wells, Pacific County, discussed his concerns regarding the criminal charges against Jimi O'Hagan. Brian Talbott, Salkum, discussed his experience he had regarding documentation he provided to the Commissioners Office. Chair Schulte stated that the Prosecutor does not have control over the three minutes given. The minute attorneys and lawsuits are involved, the Prosecutor's Office is our legal counsel. Once information is no longer between the citizen and a Commissioner and is in the legal system, the Commissioners turn all of that over to the Prosecutor. Col. Ron Averill, Centralia, stated Lewis County is unique with only two other counties in the state that run senior centers. Every Board of County Commissioners has had to grapple with the expense of the senior centers. The senior centers are important to Lewis County. He recommended finding other ways to deal with the senior centers. R. Elizabeth Hicker, Vader, stated according to the latest status, there are a number of citizens over the age of 60 in Lewis County. She would like the county to look into the grants to help with the funding. Bob Bozarth, Napavine, stated in a situation when you're having a discussion regarding using another $2.3 million of reserve, it is very untimely to offer a raise for any elected person in Lewis County. Arny Davis, Lewis County Treasurer, stated the county needs to decrease or eliminate the depletion of our reserves in Lewis County. The senior center issues, emotion notwithstanding. The Commissioners have bigger issues. The numbers are the number, take the emotion out of it and sooner or later with no reserve there is no senior center and there would be a lot of basic things that we would no longer be able to afford. Danette York, Director of Health and Social Services, stated there must have been a misunderstanding. The county would have to retain the building of the Twin City Senior Center because it is part of the fair grounds. If this plan goes forward the Twin City Senior programs would not continue. Notice Commissioner Stamper moved to approve Notice Agenda item one. Commissioner Fund seconded the motion. 1. Resolution No. 16-316: Notice of Public Hearing to adopt Ordinance 1273, which would amend Ordinance 1224 (as amended by Ordinance 1226) to establish an Advisory Board that would make recommendations concerning the use of the one -tenth -percent sales and use tax for mental health programs. A hearing on Ordinance 1273 will be held on or after 10 a.m. December 12, 2016, in the Commissioners' hearing room. Danette York, Public Health and Social Services, stated Lewis County Board of County Commissioners adopted Ordinance 1224 on June 20, 2011 creating a new chapter to Title 3 of Lewis County Code to impose an additional sales and use tax for chemical dependency treatment, mental health treatment, and therapeutic court programs and services. Section 6, as amended, states, "the BOCC shall establish a continuing advisory board made up of community members invested in improving the health of Lewis County citizens to make recommendations to the BOCC concerning the use of the proceeds of the tax and to provide advice to the BOCC concerning the prioritization, selection and evaluation of programs funded by this tax. Such board shall consist of not more than nine (9) members appointed by the BOCC including: the Public 2 Health and Social Services Director of Lewis County, a representative of the Lewis County therapeutic courts, a Certified Mental Health Professional, a certified chemical dependency treatment professional, a representative of the Lewis County Board of Health Advisory Committee, a representative of the Lewis County Affordable Housing Network, a representative of the Lewis County Community Health Partnership, a representative of Lewis County Law Enforcement and one citizen of Lewis County appointed at -large". Motion carried 3-0. Consent Commissioner Fund moved to approve Consent Agenda items two through nine. Commissioner Stamper seconded the motion. 2. Resolution No. 16-317: Approval of warrants. Suzette Smith, Auditors Office, stated this resolution approves 120 regular warrants for a total payment against the County in the amount of $477,310.36. 3. Resolution No. 16-318: Cancellation of warrants. Suzette Smith, Auditors Office, stated this resolution is for the cancellation of Warrant #752923 dated August 5, 2016 in the amount of $741.24, This warrant will be voided and reissued. 4. Resolution No. 16-319: Resolution to close the fiduciary fund Open Space No. 676 and transfer the residual cash to the Current Expense Fund No. 001. Suzette Smith, Auditors Office, stated the Fiduciary Fund Open Space No. 676 was established in 1974 to deposit fees paid by applicants, landowners, for classification of land under the open space taxation act RCW 84.34. Since that time, the Generally Accepted Accounting Principles for Governments have changed, deeming this type fiduciary account inappropriate and unnecessary. The fees and related costs of the program should be accounted within the primary government. The fees collected in prior years were not used to pay the costs of administering the Open Space program and accumulated. These costs were paid by via the Assessor's annual appropriation in Current Expense and by use of fund balance. Therefore, it is appropriate to transfer the residual cash to the Current Expense fund; replenishing the fund balance utilized in prior fiscal years. 5. Resolution No. 16-320: Resolution to approve an agreement with the Washington State Office of Public Defense for Public Defense Improvement Funds. K Candace Hallom, Administrative Assistant, stated this Resolution accepts funding from the Washington State Office of Public Defense in the amount of $92,597 for use in the calendar year 2017. 6. Resolution No. 16-321: Resolution to award a contract to Motorola Solutions for E911 radio communications equipment and to authorize the Central Services Director to execute the contract. Steve Walton, Director of Central Services, stated Lewis County E911 Communications has identified a need to replace obsolete radio communications control equipment to meet current technology and inter -operability standards. The solution offered by Motorola Solutions, Inc. best fits the needs of the County by offering a solution with 1) non-proprietary hardware and 2) seamless integration with both the 911 phone system recently purchased and the CAD (computer aided dispatch) solution in place. The Inter -local Cooperation Act, RCW 39.34, provides for inter -local cooperation between governmental agencies for making purchase of certain goods and services utilizing each other's existing competitively bid procurement agreements when it is in their mutual interest; and as a member of the Houston -Galveston Area Council (H- GAC), the County can purchase the system through a competitively procured and awarded cooperative contract. The BOCC approved use of County Capital Funds for this project on October 5, 2016. The cost for purchase and implementation of this system will be approximately $435,000, plus applicable Washington State sales tax. 7. Resolution No. 16-322: Resolution to approve 2017 funding from the Tourism Promotion Fund No. 198 to agencies for tourism -related activities per RCW 67.28.180. Commissioner Stamper stated the purpose of this resolution is to approve funding from the Tourism Promotion Fund to agencies for tourism -related activities. Pursuant to RCW 67.28.180, the county receives a distribution of the state hotel/motel tax on lodging in Lewis County. 8. Resolution No. 16-323: Resolution to approve Amendment No. 2 to the contract with the Department of Social and Health Services. Danette York, Director of Health and Social Services, stated this contract amendment adds Partnership for Success (PFS) and SABG prevention funding in the amount of $32,893.00. This funding is for prevention services and provides guidelines under the Community Prevention and Wellness Initiative for the selected community of Morton. The Division of Behavioral Health and Recovery, (DBHR) contracts with county governments to coordinate, subcontract, and monitor prevention programs at the local level. Duration of contract is from September 30, 2016 - June 30, 2017. 9. Resolution No. 16-324: Resolution to modify Lewis County Sheriff's salary. 0 David Fine, Prosecutors Office, stated currently the Lewis County Sheriff's salary is less than that of four of his subordinates. This fact may make it difficult to ensure that well qualified individuals stand for election of Sheriff. Lewis County Sheriff is paid less than the Sheriffs of other counties in the state, whose economies and population numbers are similar to ours. This Resolution will set our Sheriff's pay at 5% above the salary paid to the next highest ranking officer. Chair Schulte stated he wanted to make it clear that the budget for the Sheriff has not been increased. While we are separating the pay from the old schedule he still has to pay it out of the budget that he was issued back in September. We are not taking money from the seniors to pay the Sheriff. Motion carried 3-0. Commissioner Fund staffed being a commissioner is a tough job. When you're looking at a budget with unfunded mandates as well as interest on reserves, the Commissioners have a difficult job balancing the budget to keep the reserves up. This has been very difficult. We are going to have to spend more money on internal items. Many people have asked why we haven't discussed this earlier. This discussion started in the spring. The Commissioners are having community meetings at each community center. Staff are preparing to discuss how much the senior centers costs, how much the seniors contribute, and the options. The county is looking at how we can make it happen for each center. Commission Stamper stated the budget process started months ago. We are looking at all of the options. Senior Centers are the last thing that we wanted to touch. We are looking for options, a transition to see what is out there. Chair Schulte stated the budget discussion starts in May. The Commissioners started having discussion on where our cuts needed to be in February. He stated he will not support a budget that cuts the senior center budget. The right way to do this is by spending time and putting a plan together. We cannot afford five senior centers but that doesn't mean there isn't options. Recorder: Candace Hallom There being no further business, the BOCC's business meeting adjourned at 11:22 a.m., November 28, 2016. The next public meeting will be held Monday, December 5, 2016. Please note that minutes from the BOCC's meetings are not verbatim. A recording of the meeting may be purchased at the BOCC's Office. ru ATTEST: Clerk of the Board Lewis County Commissioners BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON P.W. Bill Schulte, Chair Gary tamper, Vibe -Chair — 47'-ne-� Edna J. Fund, Corifmissioner C. Lewis County Courthouse 351 NW North Street Board of County Commissioners Chehalis, WA98532-1900 LEWIS COUNTY -u�. ,��•r — Business Meeting Agenda 10 a.m. Monday, November 28, 2016 Commissioners Hearing Room 223 Call to Order: Gary Stamper, Vice Chair Determination of Quorum Flag Salute Approval of Minutes: November 21, 2016 Public Comment (Limited to 3 minutes per person) NOTICE 1. Resolution No. 16-316 Notice of Public Hearing to adopt Ordinance 1273, which would amend Ordinance 1224 (as amended by Ordinance 1226) to establish an Advisory Board that would make recommendations concerning the use of the one -tenth -percent sales and use tax for mental health programs. A hearing on Ordinance 1273 will be held on or after 10 a.m. December 12, 2016, in the Commissioners' hearing room. CONSENT 2. Resolution No. 16-317 Approval of warrants. 3. Resolution No. 16-318 Cancellation of warrants. 4. Resolution No. 16-319 Resolution to close the fiduciary fund Open Space No. 676 and transfer the residual cash to the Current Expense Fund No. 001. 5. Resolution No. 16-320 Resolution to approve an agreement with the Washington State Office of Public Defense for Public Defense Improvement Funds, 6. Resolution No. 16-321 Resolution to award a contract to Motorola Solutions for E911 radio communications equipment and to authorize the Central Services Director to execute the contract. 7. Resolution No. 16-322 Resolution to approve 2017 funding from the Tourism Promotion Fund No. 198 to agencies for tourism -related activities per RCW 67.28.180. 8. Resolution No. 16-323 Resolution to approve Amendment No. 2 to the contract with the Department of Social and Health Services. 9. Resolution No. 16-324 Resolution to modify Lewis County Sheriff's salary. • THE BOARD MAY ACT UPON MATTERS NOT LISTED ON THIS AGENDA. • Written public comments may be submitted in person, by email, or by regular mail to the BOCC on agenda or non -agenda items (excluding public hearing and bid award items) at any time following publication of the meeting agenda and before adjournment of the BOCC Business Meeting. • This meeting site is barrier free; people needing special assistance or accommodations should contact the Commissioners' Office at 360-740-1120 at least seventy-two (72) hours in advance. • Video footage of Board of County Commissioner meetings can be viewed online at LewisCountyWa.gov/bocc-meetings. Footage also is aired on Comcast Channel 3 at 10 a.m., 2 p.m., 6 p.m. and 10 p.m. daily. Edna J. Fund P. W. Schulte Gary Stamper Commissioner, District 1 Commissioner, District 2 Commissioner, District 3 CALENDARBOCC ALL MMT/NPS ABE SUBJECT TO MCEHATION OR RESCIIEDV"NO MONDQ►Y, November 28,201 9:00 am *BOCC Wrap Up 10:00 am *BOCC Business Meeting 11:00 am LC Solid Waste Disposal District #1 3:00 pm *Meeting with Judge Lawler 5:00 pm Chehalis City Council 7:00 pm Morton City Council TUESDAY, November 29, 2016 9:00 am *Meeting with Assessor 12:30 pm Winlock Senior Center Meeting WEDNESDAY November 30 2016 9:00 am *Director Update 10:30 am *Update with Fair 12:30 pm Toledo Senior Center Meeting THURSDAY, December 1, 2016 11:00 am Port of Chehalis Meeting 12:00 noon Republican Club, Woodland Estates 6:30 pm Judge Hunt Retirement Party FRIDAY, December 2, 2016 9:00 am *Mayor's Meeting SATURDAY, December 3, 2016 8:30 am Twin City Senior Center Breakfast *Official BOCC Meetings (if schedule allows, meeting times may be adjusted) BOCC SIGNATURE ON REGULAR MEETINGS - DLtz: 2 L9 Commissioner Commissioner Comnli sinner We couNTr S1 CE o 1845 � Clerk of the Board ®® �?\�Omo'� V/'e ® 'Provrs Is, ® ® '900®o'* I certify when attending other scheduled meetings and functions shown on this calendar, where a quorum ofthe B d of County Co=issloners were present, there was no action taken. Pursuant to P.CW 42.30.070 It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in this chapter: PROVIDED, That they take no action as defined in this chapter. Lewis County Courthouse 351 Nth" North Street o a rel 6 Counify Co iii m iss i o n e rs ! Chehalis, WA 98532-1900 NOTICE OF RECESS NOTICE IS HEREBY GIVEN that the Lewis County Board of County Commissioners' regular meeting scheduled for 8 a.m. on November 28, 2016, is in recess until 9 a.m. o 360.740..1.120 r 360.740.1475 TrJD 360.740.1480 Rieva Lester, Clerk of the Board Edna J. Fnnd P.W. Schulte Gary Stant.per Rieva Lester first District second District Third District Clem of the Board Gocc@lezoiscounty,oa.gov BOCC Wrap-up November 28, 2016 8:55 a.m. Present: Commissioners Fund and Stamper. Guests: CJ Neer and Harry Bhagwandin. Linda Williams joined the meeting at 8:58 a.m. Phil Carolan joined the meeting at 9:07 a.m. Susan DeLaire joined the meeting at 9:20 a.m. Tom Hicker joined the meeting at 9:33 a.m. Judy Hunter joined the meeting at 9:35 a.m. Commissioner Schulte joined the meeting at 9:40 a.m. Recorder: Rieva Lester The group discussed the public response to the senior center discussion and the possibility of creating a bullet point FAQ sheet to help answer questions. Among items to possibly include: • John and Danette's notes • Each center's monetary breakdown (costs/contributions/rent) • Gifting of public funds • Breakdown on ownership of each center • Breakdown on which centers have 501(c)3 status (Secretary of State website has this info) • Line -by-line operating budget breakdown? Phil Carolan talked about the recent Law and Order night. He also talked about plans for a new veterans' hall. Phil discussed adding a countywide $1 per parcel initiative to fund senior centers. Phil also discussed creating fines for scotch broom to raise money. Phil said his group would be interested in taking over the Winlock Senior Center. Harry Bhagwandin left at 9:39 a.m. Commissioner Schulte joined the meeting at 9:40 a.m. and left at 9:41 a.m. Phil said Vader had been talking about creating a senior center. Commissioner Stamper left at 9:46 a.m. Harry Bhagwandin returned at 9:46 a.m. CJ Neer left at 9:47 a.m. Commissioner Fund discussed the various contracts in place for the senior centers. The guests asked about other non -mandated programs. Harry discussed the need for a line -by-line budget to give to each senior center. Meeting recessed at 9:58 a.m. Senior Center discussion November 28, 2016 3:30 p.m. Present: Commissioner Fund, Commissioner Stamper, and Becky Butler. Guest: Linda Williams and Sharyn Decker. Steve Walton joined the meeting at 3:37 p.m. Recorders: Rieva Lester The group talked about the difference between the enrichment and nutrition programs. The group discussed creating charts showing site -specific information prior to each informational meeting. The group discussed the sites' contributions, which were based on 2012 rates. Danette York discussed the various ways the sites can raise the monies required: renting out the building, holding college classes, holding fundraisers. Danette said each site has an advisory board. Commissioner Fund left the meeting at 4:08 p.m. and then returned by phone at 4:12 p.m. Commissioner Fund left again at 4:20 p.m. Danette York left at 4:30 p.m. Meeting adjourned at 4:32 p.m. Lewis County Courthouse 351 NW North Street Board. of Couiay Commissioners Chehalis, th'A98332 1900 NOTICE OF RECE NOTICE IS HEREBY GIVEN that the Lewis County Board of County Commissioners' regular meeting scheduled for 8 a.m. on November 29, 2016, is in recess until 9 a.m. 0 360.740..1.120 F 360.740.1475 TDD 360.740..1480 Rieva Lester, Clerk of the Board Edna J. ,Fund P. W. Schulte Gary Stamper Rievu Lester first District Second District Third District Clerk of the Board Gocc@lewiscountywa.Kov Update with Assessor's Office November 29, 2016 9:00 a.m. Present: Commissioner Fund, Commissioner Stamper, Dianne Dorey and Marci Miess. Guest: Linda Williams. Recorder: Rieva Lester Dianne Dorey presented two handouts outlining the Open Space fees charged by various counties throughout the state. She said the fee last was updated more than 10 years ago. Linda Williams asked about penalties for exiting the programs. Commissioner Stamper asked for recommendations. The group discussed an Open Space fee increase to $350 per parcel effective Jan. 1, 2017. The group also discussed revisiting the fee in two years, possibly increasing to $500 per parcel at that time. Dianne gave an overview of the personnel involved in approving applications. Commissioner Fund made a motion to make Current Use fees $350 per parcel across the board effective Jan. 1, 2017. Commissioner Stamper approved the motion. Motion passed 2-0. The group discussed whether the fee change would require a hearing. The group talked about the Tacoma dam and its effect on tax collection. The group discussed a stick Skamania County created to visually represent the amount of land mass that pays the bulk of taxes. 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Recorder: Rieva Lester Members of the county introduced themselves. Steve Walton gave an overview of the budget constraints the county faces. Danette York explained that the county must pay for federally mandated programs. An audience member asked whether other counties fund senior centers, and Danette answered that it appears that one county in the state contributes toward senior centers but does not run or fully fund the centers. Danette went through the FAQ sheet that was handed out to the audience members. Danette gave an overview of the breakdown of site -specific expenses (Excel spreadsheet) that was handed out to audience members. Dave Schilperoort: Dave Schilperoort talked about the history of the senior centers, which he was involved in. He shared stories about his father, who frequented the senior centers. He said that senior centers are not the budget problem. He said law and justice is the problem with the budget. He said the commissioners ought to be asking law and justice to cut funding. He said the timing of the announcement — after the election — was suspect. Commissioner Fund: Commissioner Fund talked about the fact that senior programs are not mandated. She told the audience that this is not a new issue. She talked about timber money evaporating. She said the senior budget is in a tough place. She said other agencies have made monetary requests and were turned down. She said it is against the state constitution to gift funds. She said Grays Harbor County has three senior centers that are run by 501(c)3s. She emphasized the need to transition, rather than close, the senior centers. Linda Jacobson: Linda Jacobson asked about dipping into the general fund. She asked about Discover Lewis County. She said the prosecutor indicated there could be an easy fix. She asked when it was discussed and why it wasn't made public. Danette explained that meetings were held for months and that a Chronicle reporter —and possibly more media — were present at a handful of meetings. Commissioner Fund said budget meetings were held through Nov. 9. She said they were open public meetings. She discussed Discover Lewis County funding, which she explained comes from two funds, the Lodging Tax fund and the general fund. Winlock 1 I Janet Fulton -Perkins: Janet said she is a musician who plays at the Winlock Senior Center. She stressed the need for all members of the community to be involved in the community. She said the center is an important place for people to gather to socialize, learn and share. She said she doesn't think the group should be forgotten or left out. She said people from Winlock wouldn't want to drive to Chehalis or elsewhere. Danette clarified that the county would retain ownership of the Twin Cities building, not the senior center program, under the transition plan. Jan Kramer: She said she attended the Monday budget meeting. She asked for the article in the state Constitution that says the gifting of public funds is illegal. She said the Enrichment programs are pretty self-sufficient in Winlock. She asked why the funding for the centers can't be phased out versus completely cut off. Commissioner Stamper said the county looked at a number of options. He said in the interest of fairness, the board selected a date to phase out the centers. He talked about the budget process. Commissioner Fund said the board hopes the county can brainstorm with each individual center to talk about nonprofit status, grants, commercial kitchens to rent out. She said the county has to abide by a lot of rules that a 501(c)3 would not have to abide by. She said the board wanted the June 30, 2017, to allow for that transition. Joann Porter: Joann indicated that she was sorely disappointed that the possible cuts were not discussed earlier. She said the seniors only have time for research, not implementation, between now and June 30. She talked about the senior center being a hub for distributing information to seniors. She talked about vouchers (and information about them) and asked how that information would get to seniors and others. Bill Buckner: Bill Buckner talked about his shock and disbelief. He asked why there wasn't prior disclosure. He said he wanted to know more about raising revenue instead of making cuts. He talked about the war on drugs being a huge failure. He talked about the need for the county to regulate and tax marijuana. He said that would be a revenue source. He said the county unemployment rate is still too high. He asked why the county couldn't create a senior center tax. He also talked about constantly rising fees. He talked about creating user fees to subsidize that proposed senior center tax. He also talked about means testing. Commissioner Fund replied about the idea of a senior center district and said that idea had been explored. Liz Flicker: Liz said the group cannot retire from responsibility. She said everyone needs to get involved. She said to research, to reach out to the other senior centers to look for grant money and other avenues. She said it's time to reach out to Morton, to Packwood, etc. to find a way to get involved and move forward. Luella Luton: Luella said she and her husband love the senior center and are involved. She said her garden club wouldn't be able to afford to hold meetings elsewhere. Nancy Beltejar: Nancy expressed disgust about indigent defense. She also asked whether commissioners would get raises. Winlock 2 Kate Tahwakeena: Kate said she pays $100 to $200 a month and doesn't get the benefits convicts do. Becky VanGogh: Becky asked where property taxes go. Commissioner Fund said property taxes go to the general fund. Lynnette Hoffman (County Crier): She asked if there are staff members available to help with grant writing. Louise Winder: Seniors raise money. How much do jail people raise? An audience member asked whether county employees received raises. Kerry Stiltner: Kerry asked why funding could not go to ballot? Liz Hicker: Liz said groups can apply to become a 501(c)3 and then go after grants. Ruth Gillespie: Ruth said she was a visiting nurse. She said patients could get marijuana. She said making it legal would cut down on jail costs. Kelly Shia: Kelly said it would take more than six months for cities to adopt the senior centers. She said it would be difficult for the cities to come up with funds to move forward with the plan. She asked if the transition time could be increased. She said that while Toledo had a contingency plan, it didn't appear that other cities do. Danette said the transition time could be extended. She said the contingency plans could look different, but that the county could basically donate the building and land to the entities that would take over the programs. An audience member asked if there would be layoffs. Danette said seven employees would be laid off. Carolyn Nixon: Carolyn said the county did this once before and that it didn't work then. She asked what the safeguard would be. Commissioner Stamper said the BOCC is working on the transition. He said nothing is set in stone. He said the work won't be easy but that it will be successful. Commissioner Fund discussed public disclosure requests and the toll they take on the county. Commissioner Stamper thanked the group. Danette said the county will help however it can. Meeting recessed at 2:26 p.m. NIV 'i1remI111`] Lewis County Courthouse 7 r 351 NW North Street Board of County Commissioners Chehefis,WA98532-1900 NOTICE OF '1- NOTICE IS HEREBY GIVEN that the Lewis County Board of County Commissioners' regular meeting scheduled for 8 a.m. on November 30, 2016, is in recess until 9 a.m. 0 360.740..1.120 F 360.740.1475 iDD 360.740.1450 Rieva Lester, Clerk of the Board Edna,j. Fund P.TV Scliulte Geary Stanaf)er Kieva Lester First District Second District Third District Clerk of the Board Loc.c@lewiscountywu.gov Board of County Commissioners-, Director's Update November 30, 2016 (BOCC meeting on Monday, Dece rnber 5, 2016) Notes NOTICE 1. Notice of lje icarj!jg—Cqr�:t�e 4th 2016 Bud iiendment BUD CONSENT Approval of warrants. 3. A j) rovina annual contract with mortuaries for decedent removals. 4. A rovir� annual contract with Fore tsic Patholo fists fog autos A BUD2. COR COR PW services. 5. Authorizin 61 the-- Director to execute _g Public Works cute a regnients on behalf of the count for other entities' use oi'Pictometr itna e products and associated software. HEARING 6. teLii Plan. PW BUD BUD .,Sy!s, 7. Establishinay the PrODerty Tax budget and Levy for both Current !.L.�.XDense and Road Fund ror 2017. 8. Adoption of the 2017 Budget• Directors' Update November 30, 2016 9:10 a.m. Present: Commissioner Fund, Commissioner Stamper, Lee Napier, Erik Martin, Steve Wohld, Steve Walton, Steve Mansfield, Archie Smith, Becky Butler, Danette York, Paulette Young. Tamara Hayes joined the meeting at 10:35 a.m. Guests: Bobby Jackson, Susan DeLaire and Harry Bhagwandin. Linda Williams joined the meeting at 9:33 a.m. Recorder: Rieva Lester Agenda Becky Butler discussed a Notice of Public Hearing for the fourth budget amendment. The group discussed a resolution for decedent removals and a resolution for autopsy services. Erik Martin discussed a Resolution to approve an agreement for Pictometry. Erik discussed a hearing to adopt the Vader-Enchanted Valley Water System Plan. He indicated he has a Powerpoint presentation. Becky discussed a hearing to establish the property tax budget and levy. Becky discussed adoption of the 2017 budget. Commissioner Stamper said he spoke to several people following the previous day's senior center meeting. He said one thing that concerns him is that he doesn't want to set the seniors up for failure. He said he wants to put together a calendar to organize all meetings for the seniors. He said he wants to extend the deadline an additional three months, from June to September. Commissioner Fund talked about field trips to successful senior centers, as well as meetings with grant writers, etc. to help set the centers up for success. She talked about meeting with the Veterans Museum, which was successful in creating a 501(c)3 and securing grants. Steve Wohld asked if tapering the Funding would be an option, and Commissioner Stamper said that wouldn't be a viable option. Becky discussed extending the budget through Dec. 31, 2017. Paulette Young talked about the last time a transition effort was made. Archie Smith discussed a statement made during Monday's BOCC meeting in which the person claimed that the last time a transition was discussed, the county had said it would take back the centers if the handover failed. Danette York said that statement wasn't necessarily true. Bobby Jackson asked about .09 funds. Commissioner Fund said United Way was looking at the possibility of helping the centers explore grants and/or 501(c)3 status. Steve Mansfield recommended the development of a professional transition plan. Commissioner Fund said the seniors are going through something similar to the grief process. Commissioner Fund discussed setting up a way to have seniors show they meet the definition of poor and infirm. However, most of the people who use the Nutrition Program would not meet that definition. Bobby Jackson talked about the media's presentation of information. Danette discussed Catholic Community Service's involvement with the centers and CCS's decision to stop providing enrichment. Six or so months later, Danette said, CCS pressured the BOCC to take over Nutrition and Enrichment. Steve Wohld talked about the handover at that time, which included surplus computers and vehicles. Danette said 56 percent of the site leaders' time is devoted to Enrichment. If the county cut funding for Enrichment, it likely would lose staff. Danette said a 501(c)3 wouldn't necessarily need to be the seniors themselves, rather it would need to be other active community members that could work together to make it succeed. The group talked about following Grays Harbor's lead in having one group that covers all five centers. Becky said the county hired a project manager in the past to coordinate the effort. She suggested asking putting out a request for an advisory board. Danette said a project manager could be 10 to 20 hours a week. She discussed Commissioner Fund made a motion to extend senior center funding through Dec. 31, 2017, with the stipulation that the county put together an administrative transition with county oversight. Commissioner Stamper seconded the motion. Motion passed 2-0. Commissioner Fund made a motion to move one (1) Notice, four (4) Consent and three (3) Hearing items to the Dec. 5, 2016, BOCC agenda. Commissioner Stamper seconded the motion. Motion passed 2-0. Roundtable Lee Napier said Community Development now accepts credit card payments. She also discussed the Hirst decision about wells. She said she would be attending the Dec. 1 meeting. She also said a retirement party is planned for Dec. 1 for Donna Olsen. Erik Martin said the Industrial Access group met Nov. 29 and discussed 81 projects/ideas. He said 20 or so ideas were eliminated because they were not feasible. Bobby Jackson left the meeting at 10:15 a.m. Paulette Young said she would return mid -December. Steve Wohld said the new phone system works well ... Paulette said maybe too well. Steve Wohld said IT is working on a Skype-type setup for phone conferencing. He also talked about Face boo k-sponsored ads and the like. He talked about a Five Hikes ad that showed promise. He also talked about the Lewis County Rivers page, which he said is about to go live. Commissioner Stamper left the meeting at 10:26 a.m. Danette and Susan DeLaire left the meeting at 10:29 a.m. Steve Wohld said the county worked on the Rivers project to help locals by creating a user-friendly site that focuses on information Lewis County residents would be interested in. He said the information comes from NOAA. Commissioner Stamper returned at 10:31 a.m. Steve Walton discussed another repair to the elevators, which were disrupted by a recent power outage. Meeting recessed at 10:40 a.m. Fair meeting 10:50 a.m. Nov. 30, 2016 Present: Commissioner Fund, Commissioner Stamper, Tamara Hayes, Bobby Jackson, Linda Williams Recorder: Rachel Hunt One of the main issues at the fairgrounds is free events which fundraise at the fairgrounds such as Relay Life. Recommendation is to have the non- profits ask the BOCC for a reduced rate. Annual user fee- charged $120 to have meetings without fundraising at the fairgrounds. Glenn Carter expressed to the fair manager that the fairground needs to charge a fee for use of the buildings. Discussion of the fairground rental rate system. Annual user vs. a 25% rate, while still maintaining community use. Youth Fair- not hosted by the county but it is subsidized by the county. Managed by an outside group bringing their own food vendors. It is a possibility for the county to take it over. Garlic Festival- county has taken over the festival. Seven organizations applied to take over the festival from Frank and Judy DeVaul. Discussion took place of how to handle paying for labor during the Garlic Festival. In addition to the possibility of changing the name of the Garlic Festival. New contract of services and charges to use the fairgrounds. Every group pays 50% in advance in addition to hold dates and a 10% increase in rates. Meeting recessed at 11:45 t-e 46 Z L 0 � � Llk V-111 747'- LI i o A��L `� 4t-b►�-8 - Lv-,b Q w w m Z w z O a w Q z In V) LU J Q W W m z W z 12. W Q z .y J V U hp � 1, 9 ly) 1 Q y Z 3 knerf I w uj D z LLJ z 0 LU z o 011 j N N LU Ot w W m z W z O a w a z m� 3 v G LI V V v I �J ✓1 _ 1 M � � 1 CIA MVVVVVV l �v ko Ln V) LU cc LU cm z LU z 0 ui z -SZ LIZ V) uU Ir Q w Q z I Ln V) ua Ca Q cW C Q Z 1 _� J_ Q 2 W cc W m z W z O a. W Q z m i r J L G' Vv N ,yl\ w cW G Q z .Lewis County Courthouse 351 NW North Street Board of County Commissioners Chehalis, 141A 98532•-1900 a�.s,s:, Ya4`gtti LEWIS RAMS I FAQs 1. How many senior centers fall under the ownership of county government? Lewis County owns the five (5) properties where the senior centers are located (Winlock, Toledo, Twin Cities, Morton and Packwood). The county provides funding for the programs at all five of those locations as well as funding for Senior Nutrition meals distributed in Pe Ell. 2. Where does funding for the senior center programs come from? If the county were to oversee the senior programs for the entire year, the breakdown would look something like this: Total estimated expenditures for 2017 (maintenance and operations): Roughly $701,400 • County contributions (taxpayer money): Approximately $376,000 (roughly 54 percent) • Grants: Approximately $144,900 (roughly 21 percent) • Senior center contributions: Approximately $100,000 (roughly 14 percent) • Meal donations for Nutrition program: Approximately $60,000 (roughly 9 percent) • Fees collected for Centralia College classes: $20,500 (roughly 3 percent) 3. How many programs are offered at the senior centers? There are two programs offered at each senior center: • The Senior Nutrition program: This is the program that's partially funded by a grant from the Area Agency on Aging (AAA) to provide nutritious meals at each site on specific days of the week. • The Senior Enrichment program: This program includes all other activities held at each site. Examples of Enrichment) program items would be dances, potato bars, pinochle games, pool, and college classes (suchasZumba, woodworking, painting, etc.). 360m li,..7 1i EdnaJ. ,Tfrra d l fT Schulte I Garjl Stamper Rieva 7:ester• 60.740.1First Di trio Second)tstr;ct Third District Clerk c f the Boitrct TDD 36 m 740,1480 Gcacc�blce��rr.�iozczatytvrx.�ecr' 4. How many senior citizens participate in the Senior Nutrition program? More than 1.9,000 Lewis County residents are 60 years old or older, making them eligible to participate in the Senior Nutrition program offered at each site. However, only roughly 1,000 Lewis County residents participated in the Senior Nutrition program in 2015. Of the 1,000 residents who participated in 2015: Roughly 250 participated only once during the year. Roughly 290 residents ate between six (6) and forty-nine (49) meals during 2015. Roughly 470 residents ate five (5) meals or fewer in 2015. S. What is the breakdown of ownership for the properties (buildings and land)? • Winlock: County owned. It was purchased from Vernon and Elsie Hanks in 1985 for $18,000. • Toledo: County owned. It was transferred from the City of Toledo with a contingency that if the county no longer offered recreation (enrichment), the building would revert back to Toledo. • Twin Cities: County owned. It is part of the Fairgrounds. • Morton: County owned. It was purchased from Harvey and Clara Collar in 1948. • Packwood: County owned. It was donated by the Packwood Improvement Club in 1982 for "mutual benefit." 6. Would senior centers close if they no longer were controlled by county government? Lewis County is working to create a transition plan that would allow another entity to take over management of the Senior Nutrition and Senior Enrichment programs — and possibly ownership of the physical properties. If successful, this would prevent closure of the senior centers. 7. What is the Dec. 5, 2016, budget vote about? Pursuant to RCW 36.40.070, Dec. 5, 2016, is the date the Board of County Commissioners is required to meet to adopt the County budget and set the amount of the 2017 tax levies. This meeting is the second of two public hearings. The first public hearing was held Nov. 21, 2016. 8. Can the county change the budget after it has been approved? Yes. The county typically has four (4) budget amendments throughout the year. 9. On what date would county funding for the senior centers end? Under this transition plan, the county would not provide funding beyond June 30, 2017. Meeting at Toledo Senior Center 12:30 p.m. Nov. 30, 2016 Present: Commissioner Edna J. Fund, Commissioner Gary Stamper, Commissioner P.W. Schulte, Public Health & Social Services Director Danette York, Budget Services Manager Becky Butler, Central Services Director Steve Walton, and Commissioner -Elect Bobby Jackson. Recorder: Rieva Lester Commissioner Schulte and members of the county introduced themselves. Danette York gave a brief overview of the documents handed out to the audience, including the budget breakdown and the FAQs. Jerry Pratt: Jerry criticized Commissioner Stamper and Commissioner Fund. He discussed having a county manager. He talked about monies spent on a railroad study as well as technology. BL Buschlen: No excuse for not giving enough time to get the job done right. He said the crisis isn't as great as it's been made to seem. He talked about the gifting of public funds. Marlea Hanson: What would your mother say? Clark Spahr: County is taking public funds from the public. Don Hershey: Don Hershey blasted the commissioners and suggested a recall vote. Lynnette Hoffman: How much of property taxes go to senior centers? Rose Cort: What is the excel sheet and why is it inaccurate? Joe Martin: These people are saying they want services. They've already paid their dues. We really can't do it alone. Ron Peltola: Auditor has never said that there's a problem with the gift of public funds. He asked the county to look at the budget and see where Budget has made conservative projections. He talked about staff creep, equipment, etc. You just updated the building, and now you want to close it? We're a noble use of public money. Sharon White: Seniors shouldn't have to pay a nickel to be here. Fund it 100 percent. Give the site leader full funding. She had to take a pay cut. Elizabeth Hicker: I contacted my state leaders. Sen. Takko said he would talk to the commissioners to see if there is something the state could do. Looked up District 19 and 20 representatives. We are retired, are we not? But we're not dead yet. We need to get busy and come together to work out a plan. Each one of us need to get together and pool our resources. We can go to the county, go to the state, go to the federal government. Ginny Christiansen: On Thanksgiving, we served 197 people. To close our centers is just sick. Toledo 1 Eric Durst: Mayor Pratt served for 12 years at no cost. Have commissioners considered reducing or eliminating their compensation? Will there be parting gifts? Ken Norberg: I attend the center twice a week. Want to talk about law and justice. Druggies, miscreants waste of public money. Recent break-in involved a lady who had been released the previous week. Focus on law and justice. Ed Luton: That pool table means a lot to me. We are asking for help to find a way out of this to prevent closure. Krista Mead: This center is my home, my family, promotes mental, physical, social health. Huge discrepancy: Winlock has 13 events, Toledo 12, etc. Cut the center that doesn't have much participation. Terry Polete: New York offers tax reduction for companies to come in. If county does that, money will come in by way of taxes. Let's think about ways to bring companies and people to the county. Dale Dyer: Parents came to the center. Center has hosted many anniversaries, weddings, funerals. Many things go on here that people don't think about. The mayor, clerk and council mayors introduced themselves. Ed Fund: No commissioner has said anything about closing the senior centers. The commissioners are here to ask for help moving toward a solution for a transition. Sam Zion: Had a farm where we raised cattle and hay. We have to change with the times. Disagree with marijuana moratorium. Let's free up some money for the senior centers. Julie McDonald Zander: The money spent on the senior centers is the best -spent money in the county. Edna has given away at least half of her salary away through donations. Mr. Wallace: Why bring it up in the paper about closing it down. Use your brain to finance it. Sandra Meske: Attends center for aerobics class. Diana's budget: Where does rollover money go? Danette: All money is tracked for each specific site. Any that comes from a site is then earmarked for that specific site. If the county were to walk away from the centers, that money would go back to the center. Judy Markle: Attend class four times a week. Been attending exercise class for six years. That eliminates the need to go to Vancouver for physical therapy. There are no free rides here. Judy talked to Commissioner Fund and said, "You can figure this out." Luella Luton: Toledo will dry up like a prune if the center closes. Maggie Spahr: Don't bother looking to your legislators. People need the food program. A lot of seniors can't cook. And they need a place to go. We need it for social things, the programs provided, etc. The jails have lots of programs. Let's cut those. Seniors, women and children are not important, according to our legislators. You have to get it into their heads that if they want to be voted in, they better listen. Wanda Vanderski: Used to own a 76 station. This center has been used for a long time. It's for everybody. It's a community building. Toledo 2 Flo I<rem: We love our senior center. Husband is a pool -playing addict. Morton will die without its senior center. Tom Layton: I know you want to keep the centers open. How much money comes out of general fund? Are there other cuts throughout the county being made? Dale Colt: I'd like to hear from the commissioners. Jerry Pratt: I'd like to say 26.9 percent of population gets meals, programs at the senior centers. Janet Landacher: I'm going to be awfully lonely if they close this place down. I'm new to town. Sheila Lawson: Moved here a year ago. This is my family and my second home. I come here every day. John Darthafield: I love coming down this way. These people are the reason why I get to meet others. I am willing to volunteer to help out. My buddies are willing to help too. Bob Espen: I think like an engineer. This organization is like a locomotive. Closing it down and then trying to get it back to speed would be wasteful. Don't close them down. Keep them open. Reesa Anderson: Don't want to see it close. It has helped me health -wise. I can stand up, walk around, keep my balance. Joan Norberg: Allocation of funds is troubling. Is there a cap on indigent defense? Can we put a cap on it? Joann Porter: When county took over the centers, group was to try to develop an income base to assist the seniors. Our senior advisory group meeting has very little participation. I'd like to see this advisory group to see better participation. This county can use us to disseminate information. The meeting is held at 10 a.m. the second Friday of each month. Johanna Jones: Let's start looking for solutions. We can't expect the county to pay the total costs for this. Maybe that means we pay more? We need to start becoming a part of the solution. Joanna looked at the excel spreadsheet. Larry Billyell: Someone asked about lottery money that was supposed to support schools went into a fund. Everybody took a little piece, and then it was gone. Gas taxes went to projects that were started and not completed. Janet Kramer: Attended recent conference that featured representatives from the governor's office. The group said the state tax code is convoluted and doesn't support everything. Some of the monies are not being spent the way they should be. They should be reassigned from different areas. The state is run by the big counties. Rural areas need to put pressure on the state to fix that. Anna Melkers: Two commissioners support the center and spend their money here. Commissioner Stamper: Thank you for being here and giving your opinions. We are looking for solutions. We are funding it through 2017. We need to come to the table and find solutions to help continue the senior centers past that time. We need your support in develop a plan to continue the process. Toledo 3 Commissioner Fund: We had 30 budget meetings. We have offices asking for more money. We have 13 bargaining agreements. We've had to say no. Folks say, "just fund this, just fund that," but we can't. We've been mandated by the Constitution to provide indigent defense. We can't avoid paying that. It's required by law. Every county is required to pay for this. Who is willing to go to the state and fight this? Then we look at logging dollars, which have dried up. We love our seniors. We want this to succeed. Never have we said we want it to close. We need your support at the Legislature. We need to work together on this. Commissioner Schulte: How many are registered to vote? (Most raised hands.) Thank you for allowing me to serve. Meeting adjourned at 2:11 p.m. Toledo 4 i - � � I � _� �- / I I � 1i� I ..�.�..�...�....._.a.�.._....�__e. 1 1 �� `� � G i, A C f ! c � I I i i YIN i i Lewis County Courthouse 351 NWNorth Street Board of iY.�( unIff1 CommissionersI Chehalis, WA98532-1900 NOTICE OF MEETING CANCELLATION NOTICE IS HEREBY GIVEN that the Lewis County Board of County Commissioners' meeting scheduled to take place at 8 a.m. on December 1, 2016, in the Lewis County Commissioners' Office, 351 N.W. North Street, Chehalis, Wash., has been canceled. 0 360.740.1.130 F 360.740.1475 TDD 360.740.1480 Rieva Lester, Clerk of the Board .Edna J. Fund P,TV. Schulte Gary Stamper Rieva Lester First District Second District Third District Clerk of the Board bocc@li?wiscountywa.gov Will-` =11"I'li, ) —1. /8.{s Lewis County Courthouse 351 NW North Street Board of County Commissioners Chehalis, WA98532-1900 NOTICE OF RECESS NOTICE IS HEREBY GIVEN that the Lewis County Board of County Commissioners' regular meeting scheduled for 8:00 a.m. December 2, 2016, is in recess until 9:00 a.m. o 360.740.1120 F 360.740.1475 TClil 360.740.1480 Rieva Lester, Clerk of the Board Edna J. Fund Bobby Jackson Gary Stamper Rieva Lester First Oi,(rirt ond Oispict Thnd Distnct Clerk of the Board bocc@lewiscountywa.gov IrI1111-- — * LEWIS COUNTY ej.1. fB4s Lewis County Courthouse 7 351 NW North Street Board of Cozinty Commissioners I Chehalis, WA98532-1900 MAYORS MEETING / AGENDA BOCC small conference room 9 a.m. Friday, December 2, 2016 Introductions Transportation presentation — Mike Kroll Roundtable o 360.740.1120 F 360.740.1475 TDD 360.740.1480 Edna J. Fund P. W. Schulte Gary Stamper Rieva Lester First District Second District Third District Clerk of the Board bocc@lewiscountywa.gov t- J a W W m z W z 0 x a W Q z ti J 3 ' o y co (� W J J � 3 � Mayors Meeting December 2, 2016 Meeting Time: 9:00 a.m. Attendees: Erik Martin, CJ Neer, Mike Kroll, Commissioner Fund, Harry Bhagwandin , Lonnie Willey, Tim White, Michelle Whitten, Bonnie Canaday, Rob Hill, Dale Lewis, Mike Kroll, Erik Martin, Steve Dobosh, Lonnie Dowell, Jill Anderson, Dennis Dawes Recorder: Rachel Hunt Annual Transportation Improvement Program 2017-2022 PurposO Develop future transportation improvement and projects. Funding source property tax, motor vehicle fuel tax are the most utilized. 2016 projectsE Leudinghaus Bridge, Mays Bridge, Cispus Rd.(Randle) improvements Roundtree Rd. slide repair/ realignment. Lincoln Creek Bridge replacement (Ongoing). Budget 2017 $10.06 million $64.67 Million — 6 years Priority 1— Countywide bridge/road bank protection Discussion between Mayor Dawes and Erik Martin about cutting through the red tape of getting federal grants to do scour projects. 2- Countywide culvert replacement — converting fish passage funding for maintenance. 3- Federal forest road improvements —100k a year to do work on Forest Service land. 4- Countywide 3R Program- Chip seal, Cement Treated Base, Hot Mix Asphalt- $4,225,000 over 6 years 5- Countywide Misc. Safety & Guardrail projects. 6- Hwy 603 stabilization- North from Winlock 1.72 miles. Projected to be completed next fall. 7- Lincoln Creek Bridge replacement. 8- County safety program phase II —predominately on Shorey Rd. 9- Jackson Hwy Rehabilitation- grinding surface up, place fabric and repave from Fire District 6 to Chehalis Valley Rd. 0.97 Miles 10. North County Industrial Access- Funded by .09 distressed county funds- $170,000. Multiple entities working on project- Chehalis Tribe, WSDOT, and Thurston County. Lewis County is taking the lead on the project. 11. Wigley Road Improvements- North Lewis County, the road is in Lewis but the properties wanting to be developed are in Thurston County. 2019-2022 Projects North Fork Rd. realignment Swafford Road Rehabilitation Rush Rd improvements Harrison Ave. Improvements Borst Ave. Safety Improvements Centralia Alpha Road Improvements Direct tax dollars- leveed certain portion, in addition to property tax, part of gas tax from the State. Yearly allotment (CAP), Secure rural schools, HSA-Highway Safety account, Marijuana revenue sales. City of Centralia-10 year levee, dedicated strictly to roads in the city of Centralia. Pe Ell -Chip sealing roads and entrance into the state park. Roundtable Discussion Pe Ell- Lost a maintenance worker to Centralia Water Department, Clear State Auditor report. Chehalis- Santa parade 12/3 at 11. Phone purchase was pushed up, passed budget, transportation vote Feb. 10. 800-900k a year. Airport development, staff vacancies, very optimistic for the coming year. Winlock- Christmas tree lighting Dec. 10 at 6:30pm, TIB funding to work on projects in Winlock, also has a staff vacancy in Public Works, bridge project can move forward- removal and replacement. Benaroya- what they need to be able to develop. Toledo- Lost a public works employee as well, new water tower being filled, got a grant for 38k, Light Up Toledo- Christmas lights to be developed into Santa Claus Lane. Working with the County over Senior Center Funding. Combining police force with Winlock Centralia- Passed budget, Borst Lights begin December 9t", Lighted tractor parade on the 101n Dale Lewis - Jamie Herrea Beutler's Office- Finding a way to fund studies without putting it on constituents, working with the Forest Service to reverse their decision on banning electric bikes on a trail in Klickitat County, 21't Century Cures Act- discovery of life saving therapies and cures. Senator Cantwell's Office- Energy efficiency bill passed in the Senate yesterday 12/1 expected to be passed in the house next week on Tuesday or Wednesday. Packwood- Craft fair and tree lighting w/ community dinner, working on sewer and urban growth management, having a contest between the businesses on Highway 12 with Christmas decorations, 330k in LTAC money with Packwood leading with 28%. December 9t" agro tourism luncheon - 11-3:30 meet Lewis County Farmers. County- press release regarding Senior Centers, hoping to send more information out as it comes in. Change is difficult. Junior Taxation Districts is available for libraries and fire districts but nothing about seniors in the statues. Meeting adjourned at 10:20 a.m. 4- 0 FZI VI o no ui J r o a) O � s it U)�� s v 1 cu -�--� N C15 4 Lr5 C6 I_ 06 6 4 Good morning for the record I am Don Wells. I am a political supporter, court watcher and witness for Jimi O'Hagan The Lewis County prosecutor's office has a habit of maliciously filing criminal charges on innocent victims, and not showing up to follow through with the malicious charges, I know this because they recently did it to me. I also reviewed the court file in the criminal case Lewis County prosecutors filed against Jimi O'Hagan, in Pacific County and there was no Judge that lawfully appointed any Lewis County prosecutor to act as a prosecutor in Pacific County, as required by RCW 36.27.030. Lawfully the Lewis county prosecutors were criminally impersonating a public officer in Jimi's case. Lawfully the Lewis county prosecutors were harassing threatening and intimidating a fraud victim, witness and informant. These acts are described as felony crimes in the criminal code in RCW chapter 9A.72. Lawfully the Lewis county prosecutors have interfered with the election process including but not limited to hindering voters and influencing voters to withhold votes, they are crimes identified in RCW 29A.84.620 and 29A.84.630. It is a class C Felony for every public officer who has knowledge of the crime and fails to report it to the proper authority. As identified in RCW 29A.84.720 Officers — violations generally. The proper authority to report these crimes to in this case, is the Organized Crime Advisory Board as identified in RCW chapter 10.29 with a demand for a Grand Jury investigation. As a Lewis County taxpayer I urge you not to pay criminals for criminal activity with taxpayer's money, as I believe it would be a gross misuse of public funds and a form of leading organized crime. RECFTVED Board ofCot inty Commissioners Lewis County Washington NOV 2 8 2016 Of Lewis CO 01y C, 6�'ash°'Iss'on� °$tort � Good morning, for the. record I am Jimi O'Hagan , I ran for state representative for the 192� district and I would like to thank the people of Lewis county for strongly supporting me. My family has been publically subjected to malice, ridicule and humiliation because I ran to clean up the corruption involved in the judicial branch. The malice, ridicule and humility my family was subjected to came from Lewis County prosecutors abusing their office. You as commissioners took an oath to uphold our constitutions, and my right to file and prosecute a civil lawsuit is constitutionally protected. You as county commissioners should not do anything to interfere with that right, including using public funds to pay anyone to unlawfully interfere with my civil lawsuit. Without any lawful authority to do so the Lewis County prosecutor's office filed criminal charges against me on the same person and subject matter of a civil lawsuit I have pending. I and my witnesses have reviewed the court record in Pacific County and there is no lawful authority recorded in the court file that allows your Lewis County prosecutors to pretend they are Pacific county prosecutors. The filing of the criminal charges amounted to maliciously, harassing, threatening and intimidating a fraud victim, witness and informant and assisting with individuals' intent to defraud me. It is all felony criminal acts. If you as commissioners pay (with taxpayers money), individuals to engage in felony criminal acts you are not only leading organized crime, but you are using taxpayers money to lead organized crime, and that is a criminal misuse of public funds. I and my next friends fully intend to review payments to the Lewis county prosecutor's office to see if in fact, you have used taxpayer money to pay individuals to engage in organized criminal activity, and if so we intend to do everything we can to hold you personally, publicly, civilly and criminally liable for. For your sake I hope you have not already used public funds to pay individuals to interfere with my ability to get elected to public office. It is an extremely serious situation that you should not ignore or act with omission to. I urge you to cease all payments to the Prosecutor's office until you consult with your local judges, the county's insurance carrier and the Organized Crime Advisory Board in Olympia about this situation. I would like to leave you with this thought: If your prosecutors have nothing better to do than interfere with a civil action and an individual's opportunity to get elected to public office then you should immediately reduce their budget, as that alone is a misuse of public funds. 1 Eo,�.dorco ��.� 2 Lewis county Oornmission�� 3' Washington 4 NOV 2.8 2016 5 6 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 10 IN AND FOR PACIFIC COUNTY 11 STATE OF WASHINGTON ) Cause no. 16-1-00207-1 12 Plaintiff ) QUO WARENTO MOTION TO DETERMINE 13 Vs. ) IF LEWIS COUNTY PROSECUTORS 14 JAMES JOHN O'HAGAN ) ARE LAWFULLY BEFORE THE COURT 15 ) AND NOTICE THAT PUBLIC INTEREST 16 Accused ) IS SUMMONING A GRAND JURY 17 ) BY DECLARATION OF JAMES O'HAGAN 18 COMES NOW THE ACCUSED James John O'Hagan, in the proper person and swears 19 under the penalty of perjury the following is true and correct. 20 1 stipulate, in accordance with RCW 36.27.030 Disability of Prosecuting Attorney, 21 Pacific County Prosecutor Mark McLain had a duty to explain to a Judge (who did not have a 22 disability to proceed as identified in RCW 2.28.030 Judicial Officer Defined When Disqualified 23 Jawhy he had a disability and ask the judge to appoint a special prosecutor. A witness and 1 24 reviewed the court record and there was no record of a fair and impartial judge appointing 25 Lewis County prosecutor Meyer to proceed as a temporary Pacific County prosecutor in this 26 case, and it is clear in the law an outside prosecutor cannot just appear in a case at another 27 prosecutor's desire. The prosecutor does not have the luxury of appointing an accomplice of 28 his, it is up to a fair and impartial judge to determine who should be lawfully appointed, and the 29 judge has to determine there are no qualified attorneys within Pacific County before he goes 30 outside of the county. 31 1. 1 stipulate, every action taken in this case is and was a violation of law and an unlawful 32 attempt to use the people's courthouse and the law for unlawful purposes. 1 1 2. 1 stipulate ,All of the actions taken in this case are violations of RCW 42,17.010 The 2 Declaration of Folic ', of the Washington State officials involved. 3 3. !_stipulate, Jonathan Meyer and his deputy were impersonating a public officer when 4 they unlawfully appeared in the Pacific County Courthouse, as they did not have any 5 lawful official authority to act. 6 4. I stipulate. Jonathan Meyer and his deputy's unlawful appearance in the Pacific County 7 Courthouse impersonating a prosecutor, was an attempt to secure special privileges, 8 exemptions and immunities for Pacific County prosecutor Mark McLain, and their fellow 9 Washington State Bar Association members as described in RCW 42.23.070 Prohibited 10 Acts, 11 5. 1 stipulate, In accordance with Kalina vs. Fletcher, Jonathan Meyer and his deputy never 12 had any lawful authority to create an affidavit of probable cause statement, which they 13 unlawfully did. 14 6. is tipulate Lewis County prosecutor Jonathan Meyer and his deputy are guilty of a gross 15 misdemeanor as described in RCW 42.20.0$0 Ufiher violations b Officers. 16 7. I stipulate, Jonathan Meyer and his deputy's impersonation of a prosecutor in Pacific 17 County, unlawful engaging in a Lis pendens action, interfering with ongoing litigation, 18 falsely and maliciously accusing me of criminal actions was an intentional violation of 19 election laws as described in RCW 29A.84.630 infiyonr;ng Voter To Withhold Vote, and 20 a direct act to prevent me from being elected to public office to clean up the corruption 21 involved in the judicial branch of Washington State Government. 22 8. 1 stipulate, Lewis County Prosecutor Jonathan Meyer, his deputies Pacific County 23 Prosecutor Mark McLain worked together with Chinook Observer writer Natalie St John 1 RCW 42.17.010 Declaration of Policy. It is hereby declared by the sovereign people to be the public Policy of the state of Washington: (2) That the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty and fairness in their dealings. (5) that public confidence in government at all levels is essential and must be promoted by all Possible means, (6) that public confidence in government at all levels can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and decisions. , RCW 42.17.020 Definitions (1) "Actual Malice" means to act with knowledge of falsity or with reckless disregard as to the truth or falsity. I in a civil conspiracyZ that was designed to influence ongoing litigation, and influence 2 voters to withhold voting for me, (RCW 29A.84.630) as such the organized crimes these 3 individuals engaged in related to these matters are direct violations of prosecutors' 4 duties as described in RCW 36.27.020 Duties (9) Present all violations of election laws 5 which may come to the prosecutors knowledee to the special consideration of the 6 proper iury and RCW, 29A.84.720 Officers — Violations Generally, which is a class C 7 felony and calls for their immediate removal from office. 8 9. 1_stipulate, It is extremely criminal when prosecutors who are charged with protecting 9 election laws are engaging in violating election laws, and as such they should be 10 disciplined to the fullest extent of the law and not granted special privileges and 11 immunities from their fellow Washington State Bar Association members for assisting 12 their fellow Washington State Bar Association members to achieve complete nobility. 13 10. I stipulate, it is the intent of our state and federal constitutions to prevent members of 14 the Washington State Bar Association to make these determinations and it is the duty of 15 a Grand Jury as describes in RCW 10.27.030 Summoning Grand Jury to make these 16 determinations, and anv and every Washington State Bar Association member who 17 interferes with this process is guilty of engaging in Subversive attacks on our 18 constitutional form of r,,) crnment as described in RCW 9.81.020 Subversive activities 19 made felonv- nenalt; . 20 11. 1 stipulate, in accord'-,nce with the provisions provided in RCW 10.27.030 Summonin 21 Grand Jury I, my political supporters, court watchers, witnesses and the 22,425 voters 22 who voted for me to represent them (40% despite the liable, slander and frauds 23 identified herein), dEc,ares it is in the public's interest to Summon a Grand Jury and 24 allow me to go befor., i< Crud testify to the criminal acts identified herein and the 25 corruption involved in judicial branches of the local counties, and Washington State. 'Civil conspiracy exists when i .: more combine to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful me r: . Sound Mind and Body Inc. V. City of Seattle122 Wn. 1074 (2004) 3 1 12. 1 stipulate, in accordance with the provisions provided for in RCW 10.27.030 2 Summoning Grand Jury3 and RCW 29A 84 720 officers Violations Generally, I am 3 providing notice to public defender Harold Karlsvik to refrain from acting in omission, 4 and misprision of felony and I/ we are compelling him to do his lawful duty to assist us 5 in summoning the Grand Jury, to address the criminal accusations I have fore mentioned 6 and identified in this case and herein. 7 1 stipulate, the proper lawful action to have taken and to take is described in RCW 8 chapter 10.29. Statewide Special Inquiry Judge Act 9 Dated this=Zday of November, 2016. r\ A _ � 10 By 11 James J. O'Hagantrotllffights & Protections Reserved 3 A Grand Jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within the county or whenever so requested by a public attorney, corporation counsel, or city attorney upon the showing of good cause. RCW 2.36.010 Definitions (5) "Grand Jury" means those twelve persons impaneled by a superior court to hear, examine and investigate evidence concerning criminal activity and corruption. M . , ~~ ~SVERIOR COURT 3 7A' ' &� 8U& ��� If 31+ ^°~" `~^ 4 Sw"w^^~ 5 =, . 6 |NTHE SUPBR|OURCOURT QFTHE STATE QFVVA INGTON 7 FOR[OWLITZ COUNTY � � �� � �� & � � �� 8 ]AMES1O'HAGAN ) ND.�� � ����� �� g Plaintiff \ COMPLAINT FOR DAMAGES 10 VS ) 11 BR|ANCOUCH, VV|LLAPARESERCHSERVICES \ 12 Defendants \ 13 \ 14 COMES NOW JAMES J. O'HAGAN and swears under the penalty of perjury of the laws of the 15 state ofWashington the following |strue and correct. 16 BACKGROUND 17 Brian Couch runs a number of small businesses. I started working for Brian Couch (Brian) in his 18 logging road mowing business, |nthese businesses, Brian has had difficulties managing the finances of 19 these businesses and at times it has been difficult to get paid by Brian. Brian expanded his business from 20 logging road mowing to a mowing contract with Olympic Pipeline; largely because he believed I had the ' 21 experience in the construction business necessary to manage the contract with Olympic Pipeline. 1 22 worked with Brian Couch from the start going to meetings with Olympic Pipeline; studying the terrain 25 and obstacles needed to perform the Olympic Pipeline project and I assisted in the development of the 24 proposal to obtain the contract with Olympic Pipeline. During this time Brian Couch promised me a 25 share ofthe profits from the Olympic Pipeline project. Please see exhibit 1. 26 in gearing up for the Olympic Pipeline project Brian Couch informed me that he was severely 27 short onmoney and that he would need all ofthe money coming infrom his logging road jobs topay for 28 the start upcosts associated with the Olympic Pipeline project. Soas agood faith effort ! put Omywages 29 and I personally covered the expenses needed to fulfill the logging road mowing contract. During the 30 Olympic Pipeline project Brian Couch again claimed he was running short on money and asked me to 31 pay from rny personal funds some of the expenses needed to keep the Olympic Pipeline project running 32 with the promise to reimburse me as soon as he could and reinforced our profit sharing agreement. The I amount nfthe profit | was toreceive after | was paid back for myexpenses, fluctuated between 1O% and 2 15%. During this time Brian Couch stored some ofhis equipment onmyproperty and | considered the 3 equipment aocollateral for the money | put into his businesses. 4 1 allowed Brian Couch to use my personal truck as a service truck for his logging road mowing S project. In exchange Brian Couch allowed my son JJ, who runs an auto repair business, to use Brian's tow 6 truck, that lie stored on my property. I figured if Brian Couch ran short of money he would let me have 7 the tow truck in trade for a portion of what he owed to me. Instead of trying to work out a deal 8 involving the tow truck Brian Couch came to my home unannounced and took the tow truck without 9 discussing how or when he was going to pay me back for the expenses and labor I put into his 10 businesses. Since Brian Couch has taken the tow truck he refuses to return any of my phone calls or 11 emai|s. 12 COMPLAINT FOR DAMAGES 13 Th|scomp|a|ntfordanoagesinvok/es/ossmfwm0es,bnewchmfcmntnactm and theft ofmoney, 14 time and efforts. it is for takings of my life, liberty and property. It involves emotional and physical 15 damages as well as losses to my personal business ventures. It is to include losses for litigation including 16 all time loss | will have toput intolitigate this matter muwell authe emotional and physical losses [will 17 suffer and myother business ventures have suffered and will suffer. 18 PRAYER FOR RELIEF 18 | pray the court will not allow lawyer games tmfurther hinder, delay and defraud myfamily and 20 |, and will set this matter for trial o»soon ospossible. 21 1 pray the court will enter a judgment in my favor for loss of wages and the takings of my life, 22 liberty and property including all money Brian has taken from me through his intent to defraud me. 28 1 pray the court will not delay entering a judgment for my loss of wages so that Ican begin 24 getting the unemployment benefits from Brian's businesses I am entitled to. 25� 1 pray the court will allow me to conduct reasonable discovery, and require Brian Couch to 26 provide mevvi d project, so 27 that rnyaccountant can review his accounting ofth i �� 28 Dated this _�_doyofMay, 2O1G. By 29 Jam J.O' QunA|[RightnNeserxed 30 Certificate ofService « / 31 | swear under penalty ofpedury�haton � day ofK4ay,Z d Brian ' _�- 32 Couch, 2