Public Hearing Ord 1300, a moratorium upon certain building permits within the Boundaries of Water-Sewer District #5 BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON q r
PUBLIC HEARING TO RATIFY ORDINANCE 1300,A ) RESOLUTION NO 19- 031
MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN )
THE BOUNDARIES OF WATER-SEWER DISTRICT#5 )
WHEREAS, notice was given that a public hearing would be held by the Lewis County Board of County
Commissioners(BOCC) in the hearing room at 351 NW North Street, Chehalis,Washington on January 28,
2019 at or after 10:00am, and
WHEREAS, notice of said hearing was published in The Chronicle on January 8, 2019 and the East County
Journal on January 9, 2019 as required by law, and
WHEREAS,on said date,the BOCC will take public testimony or written comment on the Ordinance 1300
concerning the moratorium upon certain building permits within the boundaries of Water Sewer District#5,
and
WHEREAS,the BOCC considered and adopted an emergency renewal moratorium on January 7, 2019,
pursuant to RCW 36 70A.390
NOW THEREFORE BE IT RESOLVED that after conducting a public hearing,the BOCC hereby ratified
Ordinance 1300 concerning a moratorium upon certain building permits within the boundaries of Water
Sewer District#5 with final BOCC action to take place following the public hearing
DONE IN OPEN SESSION this day of
( M;c.,
2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
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By Deputy Prosecuting Attorney Robert C Jackson, air
ATTEST St er, ice Ch it
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Rieva Lester,Clerk of the Board ;v4 i�O O�. < e •na J Fund,Co 7issioner v.
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BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON RENEWING )
A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN ) ORDINANCE NO. 1300
THE BOUNDARIES OF WATER-SEWER DISTRICT#5 AND )
DIRECTING THE SETTING OF A PUBLIC HEARING )
WHEREAS, Lewis County Board of County Commissioners enacted Ordinance 1294 on
August 6, 2018, followed by a public hearing to ratify said ordinance, and
WHEREAS, Ordinance 1294 will expire six-months following enactment, unless extended,
and
WHEREAS, on July 9, 2004, Lewis County Water District No 2 (District 2) entered into an
Interlocal Agreement for Provision of Wholesale Sewer Service to receive and treat wastewater
from Lewis County Water/Sewer District No 5 (District 5), which was proposed to serve the
proposed Birchfield Fully Contained Community, and
WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was
withdrawn, and
WHEREAS, District 2 considers the Interlocal Agreement "null and void because its
express and sole purpose was to govern the provision of inter-district sewer service for the
Birchfield FCC [Fully Contained Community] " In the opinion of District 2, this fundamental
change mandates a new interlocal agreement for any inter-district cooperation, and
WHEREAS, on July 24, 2018, the District 2 Commissioners adopted Resolution No 7-24-
2018 stating District 2 will not accept new applications for sewer service from property owners
in District 5 without a new interlocal agreement between District 2 and District 5, and
WHEREAS, prior to submitting an application for a building permit, an applicant must
show that they have access to an adequate wastewater treatment system The recent action by
District 2 calls the availability of sewer service in District 5 into question because District 2
challenges the legality of District 5's reliance on District 2's wastewater treatment plant, and
WHEREAS, moratoria adopted pursuant to the authority of RCW 36 70A 390 are methods
by which local governments may preserve the status quo so that new plans and regulations will
not be rendered moot by intervening development, and
WHEREAS, the County predicts the need for an additional six month period to allow the
Districts adequate time to renegotiate and adopt a new interlocal agreement for sewer service
in District 5, and
WHEREAS, the County has legitimate concerns that sewer availability, as it relates to a
building permit application, cannot be properly demonstrated through the commonly accepted
practice of a sewer availability form completed by District 5, and
Moratorium PAGE 1 of 3
Ordinance 1300
WHEREAS, this Ordinance does not affect those properties within District 5 already
connected to the public sewer system District 2 estimates this number to be approximately
seven properties, and
WHEREAS, this Ordinance is in no way intended to limit the ability of property owners to
utilize septic systems to treat their wastewater, and
WHEREAS, this moratorium is authorized by RCW 36 70A 390 and Article 11, Section 11
of the Washington State Constitution
NOW THEREFORE BE IT ORDAINED by the Lewis County Board of County Commissioners that
Lewis County Board of County Commissioners hereby declares the following
Section 1 Moratorium
a The Lewis County Board of County Commissioners hereby extends the moratorium upon
the submission, acceptance, processing or approval of any land-use or building permit
applications for development of or on parcels within District 5 if the proposed
development relies on centralized wastewater (sewer) treatment from District 2
b The moratorium in section (a), above, does not apply to applications related to the
maintenance of existing uses on the seven or so properties, referenced in the recitals
above, which are already connected to sewer services
c The moratorium in section (a), above, does not apply to applications in which the
proposed development relies on on site wastewater systems or other lawful wastewater
systems, such as a LOSS system These applications may continue to be accepted and
may be reviewed as normal by Lewis County Environmental Services Division or by the
appropriate state agency
Section 2 Duration of Moratorium The moratorium adopted by this Ordinance is effective
immediately upon adoption and shall remain in effect for six (6) months, unless subsequently
extended by the Board pursuant to state law
Section 3. Public Hearing Pursuant to RCW 36 70A 390, a public hearing will be held January 28,
2019
Section 4 Ratification Any act consistent with the authority of this Ordinance is hereby ratified
and affirmed
Section 5 Severability The provisions of this Ordinance are declared separate and severable If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
the remainder of this Ordinance or application of the provision to other persons or circumstances
shall be unaffected
Section 7 Findings The Lewis County Board of Commissioners hereby adopts the above recitals
as findings of fact in support of this Ordinance
Moratorium PAGE 2 of 3
Ordinance 1300
PASSED IN REGULAR SESSION this 7th day of January 2019, without holding a public hearing
Pursuant to RCW 36 70A.390, the public hearing on this matter must be held at least sixty days
following adoption
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LE OUNTY, WASHING ON
By Deputy Prosecuting Attorney `ob-rt C Jackson, Chair
ATTEST Gary Sta per,Vice Chair
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ieva Le , Clerk of the : i�5,R1)p�`�s,;r Edna J Fund, Co issioner
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Moratorium PAGE 3 of 3
Ordinance 1300
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date Jan 28, 2019
Suggested Wording for Agenda Item Agenda Type: Consent
Public Hearing to ratify Ordinance 1300, an ordinance renewing the moratonum upon certain building permits
within the boundaries of Water-Sewer Distnct#5
Contact Lee Napier Phone 3607402606
Department.
Action Needed Approve Resolution
Description
On August 6, 2018, the Board of County Commissioners (BOCC)passed Ordinance No 1294 adopting an
interim official control without holding a public hearing In accordance with RCW 36 70A.390, the BOCC held
a public hearing on August 27, 2018,within sixty days of its adoption,to enact said Ordinance
Ordinance 1294 will expire unless extended.
Approvals:
User Group 1 Status
Eisenberg, Eric IT Pending
Lester, Rieva Pending
Napier, Lee Pending
Additional Copies
Lee Napier,Danette York, Pat Anderson, Eric Eisenberg,Tom Stanton
Hello My name is Kevin Emerson I am the Chairman of the Board for
LCWD 2. Our District has a clear and simple plan for establishing a new
Inter-Local agreement with District 5 A new Inter-Local Agreement would
provide legal sewer availability to new residents of District 5 and
consequently allow the Lewis County Board of Commissioners to remove
the infamous moratorium Our plan only has two phases In phase one
District 5 would provide the basic financial information necessary to
determine it's financial condition District 5 would also take the necessary
action to comply with the State Auditor's recommendations concerning
Beneficial Interest Findings In consecutive State Auditor reports dating
back to 2007 Virgil Fox continues to be sited for violating the Washington
State Ethics Code for Beneficial Interest As a commissioner for District 5,
Virgil Fox is under the supervision of a contract in which he is the creditor
The resolution of this conflict of interest would complete phase one of our
plan
Phase two of our plan would simply be District 2 and District 5
commissioners coming together to negotiate the new Inter-Local
agreement This would be the completion of our overall plan
We appreciate the Lewis County Board for their willingness to invest
monetary and human resources to help this situation However, we do not
agree with your approach District 2 feels that the County Board's approach
is to pressure District 2 into a new agreement with District 5 premature of
District 5's compliances with the State Laws This approach gives the
appearance that District 2 is the obstacle that needs to be overcome But, it
also gives the appearance that the Lewis County Board is apathetic toward
the Violations of the Ethics Laws previously mentioned It is our hope that
the County Board will change it's approach and re-direct its resources to
helping District 5 resolve their State Law Violations This is the real
obstacle that needs to be overcome
Our plan will not only bring immediate help to the situation by lifting the
moratorium, but it will also bring correction to the deeper sources of
District 5's issues which will position them to truly move forward And finally,
for those who have been negatively impacted by the moratorium, District 2
empathizes with your frustration Especially, because of the fact that the
plan I just proposed, which could be completed in a couple of weeks, is the
same plan we proposed to District 5 approximately seven months ago
Thank you
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107980 Notice of
Public Hearing and
Intent to Adopt
Ordinance 1300
NOTICE OF PUBLIC
HEARING BEFORE THE
LEWIS COUNTY BOARD
OF COUNTY
COMMISSIONERS AND
INTENT TO ADOPT
NOTICE IS HEREBY GIV-
EN that the LEWIS
COUNTY, WASHINGTON,
BOARD OF COUNTY
COMMISSIONERS will
hold a public hearing on
January 28, 2019. starting
at or after 10:00 AM.
AFFIDAVIT The public hearing will
consider Ordinance 1300,
an ordinance renewing the
OF PUBLICATION moratorium upon certain
building permits within the
STATE OF WASHINGTON boundaries of Water-
COUNTY OF LEWIS Sewer District#5.
The public hearing will be
at the-Lewis eomnty-Court
Alysa Andrews and/or Mandy Klemola says that she is the legal house, Commissioners'
Hearing Room, 351 NW
clerk of North Street, Chehalis,
t WA.At the hearing, individ-
uals uals will be invited to speak
Chronicle and/or provide written
statements regarding the
a semi-weekly newspaper,which has been established published proposed changes.All peak
y P viduals wishing to speak
in the English language,and circulated continuously as a semi are encouraged to attend.
weekly newspaper in the City of Centralia and in Lewis County Written comments may be
Washington general circulation in Lewis County for more than submitted in advance of
six(6)months prior to the date of the first publication of the the hearing to:
notice hereto attached,and t h a t the said Chronicle was on the 7th 1 e e . n a o i e r
day of July 1941,approved as a legal newspaper by the Superior ' ', • ,- ••
Court of said Lewis County And that the attached is a true copy Details about the proposals
and was published in regular issues(and not in supplement form) are available online at
of said newspaper as LEGAL# 107980 RE:Notice of Public httpsJltewiscountywa.gov/
Hearng an Intent to Adopt Ordinance 1300 comm nityd lo�mtint
Hard copies are available
,{ at Lewis County Communi-
once each for a penod of 1 J KreDsky Avem Chehal sSWA;
.da9_commencing on 01/08/2019 and ending on 01/08/2019 the Timberland Regional
Libraries located in Cheha
and both regularly distributed to its subscribers during all of said lis,Centralia, Salkum, Ran-
period That the full amo t o e fee charged for the foregoing dle, Packwood, and Win_
lock;and the Lewis County
publication is the su f$ Senior Centers in Morton
/ Packwood, Toledo, Twin
Cities (Chehalis), and Win-
Subscribed'mtd sworn to a me 0 - lock
J The meeting site is barrier
v .':—D-12) free People needing spe-
�� cial assistance or accom-
Notary Public in and for the State of Washington, modations should contact
the Community Develop-
resid'..:at ��, ltI1it ig ment Department 72 hours
` A‘,14‘,...„P.BAR9 -e�� in advance of the meeting.
Ley�.,.;b, f • �. Published:The Chronicle
Q s is ' January 8,2019
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