2014-11-03 Board Meeting Minutes1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
November 3, 2014
The Board of County Commissioners for Lewis County, Washington, met in regular
session on Monday, November 3, 2014, at 10:00 a.m. Commissioners F. Lee Grose,
Edna J. Fund, and P.W. “Bill” Schulte were in attendance. Chairman Grose
determined a quorum, called the meeting to order and proceeded with the flag salute.
Commissioner Fund moved to approve the minutes from the 10:00 a.m. meeting held
on Monday, October 27, 2014. Commissioner Schulte seconded the motion.
Motion Carried 3-0
NOTICE
Commissioner Schulte made a motion to approve the Notice Agenda items one
through three. Commissioner Fund seconded the motion.
1. Notice: Accepting a bid for tax title property located off Slalom Way,
Packwood. Resolution No. 14-285
Tim Elsea, Director of Public Works, stated tax parcel 009800435000 is a 1.02 acre
property located off Slalom Way, Packwood. The property was offered for sale at
auction by the Treasurer due to tax delinquencies. The property did not sell at tax sale
and was subsequently deeded by the Treasurer to Lewis County. RCW 36.35.150
allows for the property to be disposed of by private negotiations providing that the final
sale price is no less than the principal amount of unpaid taxes, $761.89. High Valley
Community Club has now offered to purchase the property for $775.00, which is slightly
higher than the amount of the tax delinquencies. This resolution would accept the bid
subject to conditions of LCC 3.30.390 which requires that the proposed sale be noticed
in a legal newspaper at least once a week for two consecutive weeks.
2. Notice: Approve the use of “Distressed Counties” Funds (.09 funds) to finalize
regional efforts for the “North County Industrial Access” project. Resolution
No. 14-286
Tim Elsea, Director of Public Works, stated pursuant to RCW 82.14.370, moneys
collected for use of the .09 funds may only be used to finance public facilities which
have been officially adopted into the county’s comprehensive plan and serve economic
development. The County’s Six-Year Transportation Improvement Program (TIP) and
annual updates are adopted by reference into the County’s Comprehensive Plan and
the North County Industrial Access project has been listed and approved by the Board
of County Commissioners (BOCC). This is a notice stating how those funds will be
spent. These funds are to be spent for providing an engineering study for the North
County Industrial Access and for an ingress egress arterial, two-lane, two-way truck
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route from Interstate 5 to north Lewis County Industrial properties at the Port of
Centralia and the Industrial Park at TransAlta.
3. Notice of Hearing: For the proposed 2015 Annual Construction Program and
Six Year Transportation Improvement Program for the years 2015-2020.
Resolution No. 14-287
Tim Elsea, Director of Public Works, stated pursuant to RCW 36.81.121, all counties
are required to prepare, adopt, and submit a Six-Year TIP for proposed road and bridge
construction prior to the County's budget adoption each year. The public hearing will be
held November 17, 2014, at the Commissioners Hearing Room on the 2nd floor of the
Historic Courthouse in Chehalis, Washington. The notice of public hearing will be
published in The Chronicle on November 4 and 11, 2014.
Motion Carried 3-0
CONSENT
Commissioner Fund made a motion to approve the Consent Agenda items four
through nine. Commissioner Schulte seconded the motion.
4. Resolution No. 14-288 Approval of warrants for payment.
Chairman Grose stated this Resolution approves 226 regular warrants for a total
payment against the County in the amount of $1,113,776.70.
5. Resolution No. 14-289 Amending of the General Fund clearing Investment
Allocation.
Chairman Grose stated each year the County has to approve the needs and uses of
funds previously receiving allocations and has recommend changes with regard to
investment earnings from moneys invested in the General Fund Clearing Fund No. 681.
6. Resolution No. 14-290 Authorize initial placements of casual district court
clerk on the current Lewis County salary grid (13 Step M Grid) for non-union
extra help.
Daleyn Coleman, Human Resources, stated due to a vacancy in the District Court
Office, the Lewis County District Court is requesting to hire a casual Clerk to fill the
duties of an open position. The Lewis County Salary Grid (13 Step M Grid) maximum
pay for a casual employee would not be competitive to hire a skilled Clerk. The Court is
requesting that the Casual Clerk be placed at Grade 13 on the Lewis County Salary
Grid (13 Step M Grid.)
7. Resolution No. 14-291 Approving Master Inter-local Agreements between Lewis
County and municipalities of Chehalis, Morton, Mossyrock, Napavine, Toledo,
and Winlock.
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Tim Elsea, Director of Public Works, stated this Resolution will authorize the Board of
County Commissioners (BOCC) to sign and approve the Master Inter-local Agreements
between Lewis County and the municipalities of Chehalis, Morton, Mossyrock,
Napavine, Toledo, and Winlock. This would allow for reimbursable work performed by
Public Works forces for which the municipality does not have the capability to perform.
These Master Inter-local Agreements will replace existing agreements that will expire
December 31, 2014. The term of the new agreements will be for a period of 5 years and
expire on December 31, 2019. It appears to be in the best public interest to authorize
the execution of the Master Inter-local Agreements in order to streamline the
administrative process and allow use of reimbursable work orders for routine work done
by County crews for the municipalities.
8. Resolution No. 14-292 Approving Amendment #17 to the Consolidated
Contract with Washington State Department of Health.
Danette York, Director of Health and Social Services, stated the Consolidated
Contract is the primary vehicle for transferring federal and state funding to Local Health
Jurisdictions (LHJs) for planning and local implementation of public health prevention
and early intervention programs and activities. This contract is effective for three years
(2012-2014). Funding is allocated annually with amendments throughout the year. The
areas affected in this amendment are:
• Vaccine Storage & Handling Project Funding Cycle: 09/01/13-09/30/14 Amount
• Supplemental Nutrition Assistance Program - Education Funding Cycle:
10/01/14-12/31/14 Amount Considered in this amendment: $79,686
9. Resolution No. 14-293 Approve contract with Cascade Mental Health Care to
provide a Prevention Counselor to work in the Pe Ell School District.
Danette York, Director of Health and Social Services, stated Cascade Mental Health
Care has been awarded $5000 for a prevention counselor in 2015 to work in the Pe Ell
School District; with a pro-rated amount of $1667 for September 2014 through
December 2014 for a total of $6667. The Prevention Counselor will work with children
and families whom have been identified by school personnel as “at risk” of developing
mental/behavioral health problems. Prevention and early intervention has been shown
to improve reading ability and reduce costs to community resources over the life span.
Motion Carried 3-0
HEARING
Hearing: CDBG
Chairman Grose announced the hearing and asked for a staff report.
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Danette York, Director of Health and Social Services, stated a public hearing to
review final project performance is required by the Department of Commerce as part of
the closeout and final payment process. Lewis County was the recipient and fiscal agent
for the CDBG through a contract with the Department of Commerce July 1, 2013 - June
30, 2014. We subcontracted with the Community Action Council of Lewis, Mason, and
Thurston Counties to complete the Scope of Work. $93,971 was allocated with $3000
retained to cover our administrative costs.
Commissioner Grose asked if there were any questions. There were none. He closed
the question and answer portion of the hearing and opened the formal hearing.
Danette York asked that her previous comments be adopted into the record.
Ron Averill, Centralia, state he thinks they do some really good work as is glad to see
it continue.
Commissioner Grose asked if anyone else would like to testify. There was none. He
closed the hearing.
Hearing: All Terrain Vehicles on County Roads.
Chairman Grose announced the hearing and asked for a staff report.
Tim Elsea, Director of Public Works, stated there is a sign-up sheet for those who
would like to speak. He provided the history on allowing All-Terrain Vehicles on public
roads. State of Washington during the 2013 2nd Special Session, amended the
Revised Code of Washington (RCW) 46.09 “Off-Road, Non-Highway, and Wheeled All-
Terrain Vehicles,” allowing counties to regulate the operation of wheeled all-terrain
vehicles on designated streets, roads, or highways. The law requires that in order for
anyone to operate an ATV on a public roadway with speeds of 35 mph or less the
vehicle must be street legal. After this bill was passed, he was contacted by members
of the Cowlitz Basin ORV group and looked at different roadways. We looked at
initiating a pilot program for the County Commissioners to evaluate. The initial idea
included Longbell Road from Winston Creek campground to Salmon Creek Road.
Because of Longbell Road's speed limit of 50 mph, it was not considered further. The
Salmon Creek Road access several miles of DNR Roadways. The Ordinance before
the Board today has several restrictions to include one cannot operate a wheeled all-
terrain vehicle without a current or valid driver’s license. We have received several
comments regarding this proposal from the residence on Salmon Creek and Koontz
Road and the majority of them were negative. The biggest reason is the residents were
not aware of the proposal until they read it in the newspaper. It was his understanding
that the ORV group would be ensuring the community knew about this proposal, which
was not an accurate assumption. One of the concerns of the residents is this will funnel
all wheel all-terrain vehicle users to this five-mile section of roadway. This does not
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open up the road for non-street legal vehicles. It is required for the vehicle to be street-
legal, obtained an inspection, and overall be a responsible owner. They are not going to
be the operators that are going to come up and destroy roadways or trespass on
property.
Glen Carter, Prosecutors Office, stated the Legislation provides that the Public Roads
be designated by Ordinance. There is a provision that requires the owner of the
vehicle to release the State of Washington from liability at the time that they issue a
declaration. There is also a provision in the statute that says a person who operates a
wheeled all-terrain vehicle on a public road way must provide a declaration that includes
a release signed by the owner that releases the State from any liability. There was a
suggestion that the legislature consider extending this to the County. The County is not
presently released from liability. Our proposed Ordinance is for one year.
Ron Averill, Centralia, asked the difference between not being able to sue the State
and not being able to sue the County?
Glenn Carter answered the counties and cities are municipal corporations which are
separate legal entities under State law. Although the State of Washington Legislature
may choose to grant the State protection, unless they also grant those to the counties
and the cities which are separate municipal corporations then those cities and counties
do not enjoy the immunities that otherwise apply to the State of Washington.
Richard Hill, Salmon Creek Hill, asked if the group that made the proposal from an
outside the county?
Tim Elsea stated it is the Cowlitz Basin ORV group.
Richard Hill asked if there are any designated parking areas?
Tim Elsea stated there are not.
Richard Hill stated if they park off the road, how far off the road can they park?
Tim Elsea stated it is a 60-foot right of way so generally it is 30 feet from centerline.
Richard Hill asked do all the vehicles have to have insurance?
Tim Elsea stated they are a class of vehicle like a motorcycle and they are not required
to have insurance.
Richard Hill if the vehicles are driven reckless is there anything that the homeowners
can do?
Glenn Carter stated if you feel that a person is driving in violation of the rules of the
road, then contact should be made with the Sheriff’s Office.
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Richard Hill asked if large gatherings were okay.
Glen Carter stated if there is not a violation of the traffic code, then it would probably
not be prohibited.
Richard Hill asked if there are noise restrictions?
Glen Carter stated the only kind of limitations you might have are on equipment. With
respect to noise in general, there is not restrictions.
Mark James, Koons Road, asked if there is a time of day limitation?
Tim Elsea stated there are no limitations.
Gary Johnson asked if you are aware of the law that addresses specifically the number
of decibels for noise.
Glenn Carter stated yes he is aware.
Sona Markholt, Koons Road, asked if any additional funds been earmarked for policy
coverage in this area, Fire and EMS, or Road repair.
Glenn Carter stated he did not know of any earmarked funds.
Commissioner Grose asked if there were any other questions. There were none. He
closed the question and answer portion of the hearing and opened the formal hearing.
Tim Elsea and Glenn Carter asked that their previous comments be adopted into the
record.
Gary Johnson, Yelm, spoke in favor of this ordinance.
Kevin McClay, Salmon Creek Rd., spoke against this ordinance. This ordinance will
create a recreational area.
Dot Workman, Salmon Creek Rd. spoke in opposition to this.
Richard Hill, Salmon Creek Rd., spoke against the ordinance.
Larry Smith spoke in favor of this ordinance. He stated that Koons Road is not a good
road to put this on. He stated he didn’t expect to get so many who are against this.
Duran McDaniel, Salkum, stated his is not speaking for or against this. It will take 18
minutes to get to the end of Koons Road, 10 minutes to the start of Salmon Creek Rd,
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We have to worry about the golden hour if someone is injured and this is difficult if
something happens up hear.
Terry Crocker, Salmon Creek, spoke against this. There are already issues with
loggers who don’t even stop.
Elizabeth Brownd, Koons Road, stated it is not a safe place and spoke against this
Ordinance.
Mark James, Koons Road, opposes this ordinance.
Marilyn Harper, Frogner Road, spoke in support of the ATV, she feels the solution
would be for more roads to be opened.
Michael Reed, Onalaska, stated if feels for the people on Koons Road, and he also
feels for the organized ORV users. There are places all over the County that fits this
better.
Ashle y Lamb, spoke in favor of this ordinance. This would contribute to the community.
Tom Dipola stated his biggest concern would be people parking on the road.
Paula Clevenger, Murray Road Morton, spoke in favor of this ordinance.
Charles Reynolds, Koons Road, stated this road is a dead-end road. The last we need
is four wheelers running up and down the road. The road is not wide enough and is not
safe enough.
Ron Averill, Centralia, suggested we look at the liability and coverage we would have
from the risk pool and what this would cost.
Sona Markholt, Koons Road, spoke against this ordinance.
Julian Compton, Morton, spoke in favor of the ordinance.
Rudy Breeze, Aldrich Road, wonders if the vehicle is street legal then why can’t they
drive on any road.
Toby Belcher Sr., Koons Road, spoke against this ordinance.
Commissioner Grose asked if anyone else would like to testify. There was none. He
closed the hearing.
Commissioner Schulte recommended sending this document back to staff to look into
further to choose different locations.
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Commissioner Fund agreed.
Chairman Grose stated when this came up we recommended the ATV group develop a
plan.
Commissioner Schulte moved to table this Ordinance. Commissioner Fund
seconded.
Motion failed 0-3
Commissioner Fund moved to reject this proposal and asked our staff to go back and
look at other roads in the County. Commissioner Schulte seconded.
Motion Carried 3-0
There being no further business, the Commissioners’ public meeting adjourned
at 11:46 a.m. on November 3, 2014. The next public meeting will be held Monday,
November 10, 2014.
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: F. Lee Grose, Chair
Karri Muir, CMC, Clerk of the Board Edna J. Fund, Vice-Chair
Lewis County Commissioners
P.W. Schulte, Commissioner