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2019-07-02 PA UpdatePA Update July 2, 2019 2 p.m. Present: Commissioner Jackson, Commissioner Stamper, Commissioner Fund, County Manager Erik Martin, Sara Wibowo, Cullen Gatten, Amber Caulfield, Lee Napier, Eric Eisenberg, Sheriff Rob Snaza, Undersheriff Wes Rethwill, Wayne Whiton, Josh Metcalf, Jonathan Meyer (2:04 p.m.) Guests: Various members of the press and public Recorder: Rieva Lester DPA Amber Caulfield discussed renegotiating indigent defense contracts before Superior Court and District Court begin renewals in December. Commissioner Jackson said he would take the lead regarding meeting with Judge Buzzard and Judge Lawler to update the contract language. Commissioner Fund said she would be the alternate. Jonathan Meyer joined at 2:04 p.m. Eric Eisenberg discussed a cross-over agreement with RES Americas regarding two cross-overs on Big Hanaford Road. He said he met with RES Americas the previous day, during which RES did not like the county’s suggestions for making a contract that would exceed five years. He said RES Americas will now provide draft language regarding a longer contract. Jonathan Meyer discussed staffing challenges. Commissioner Stamper said he has fielded numerous calls from individuals with noise complaints. Sheriff Snaza said he looked into noise ordinances other counties have, such as Kittitas, Clark and Island counties. He said perhaps the county could develop an ordinance that provides relief for neighbors but includes exemptions. Cullen Gatten said he has created a draft regarding noise disturbances. He said it modeled it after ordinances used by other counties, including Spokane County and Thurston County. Cullen said he would present the draft July 16. Commissioner Jackson asked if the county can deny a water-rights permit. Eric Eisenberg reiterated that the county has not received any applications related to Crystal Geyser. Eric said he believes Ecology would make the decision on water rights, though it may have a public-comment period. Craig Jasmer said Crystal Geyser has applied for a water-right permit but that there would be no SEPA unless CG applies to the county. He said the county would have to be the lead agent and require the SEPA process. He said CG has not yet turned in the preliminary test results, which would be required. Eric Eisenberg clarified that the water piece would be exempt from SEPA analysis. Eric also clarified what steps would take place if CG were to apply for building permits. Eric invited the public to attend Planning Commission meetings, etc., and to voice their opinions but to not ask the commissioners to take a stance. Commissioner Stamper discus Commissioner Fund said she would like the PA’s Office and Community Development to outline the certain steps that must be followed. Erik Martin said Lewis County is still awaiting Tacoma Power’s response regarding the CPI. The board directed Erik to continue searching for outside counsel to help with the county’s agreement with Tacoma Power. Eric Eisenberg said he and Sara Wibowo have gathered examples of fireworks ordinances from other counties but that he has not reviewed those. Commissioner Stamper asked about the street lights overseen by Water-Sewer District 2. Josh Metcalf said RCW 57.08 speaks to Water-Sewer District 2’s authority to own and operate a lighting system within their district and to bill their users for the power. He recommended the PA’s Office provide a formal response to Water-Sewer District 2. Cullen Gatten noted that one item on the agenda – Cortland / Restvedt complaint – contained a typographical error and would be stricken from the agenda. At 2:44 p.m., Commissioner Jackson announced that the Board was going into Executive Session under RCW 42.30.110(1)(i) for 15 minutes to discuss pending or potential litigation linked to Restorical Restoration. Commissioner Fund did not join the Board in Executive Session. Executive Session ended at 2:59 p.m. Commissioner Jackson noted that no decisions had been made. Commissioner Stamper made a motion to authorize a new demand from Great American for the purpose of settlement of the Central Shop. Commissioner Jackson seconded. Motion passed 2-0, with Commissioner Fund abstaining. Commissioner Stamper made a motion to utilize the site closure proposed by Aspect Consultants for negation with Fireman’s fund and the Great American insurance. Commissioner Jackson seconded. Motion passed 2-0, with Commissioner Fund abstaining. Meeting adjourned at 3:04 p.m.