2010-11-01 Board Meeting Minutes 1
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
BOARD MEETING MINUTES
November 1, 2010
The Board of County Commissioners for Lewis County, Washington met in regular
session on Monday, November 1, 2010, at 10:00 a.m. COMMISSIONERS P.W.
SCHULTE, RON AVERILL and F. LEE GROSE were in attendance. Chairman
Schulte determined a quorum, called the meeting to order and proceeded with the
flag salute. Commissioner Grose moved to approve the minutes from the 10:00
a.m. meeting held on Monday, October 25, 2010. Commissioner Averill seconded
the motion.
Motion carried 3-0
NOTICE
Commissioner Averill made a motion to approve Notice Agenda items one and
two. Commissioner Grose seconded the motion. Candace Hallom read the items
into the record.
1. Call for Bids: For the Rosebrook Road Slide Repair. Bids will be opened
on or after 10:00 am, on November 29, 2010. Resolution No. 10-270
Tim Elsea, Public Works, stated this project is listed as number 23 on Lewis
County’s 2010 amended Six Year Transportation Improvement Program (STIP).
The contract will provide for the improvement of 0.26 miles of Rosebrook Road in
Lewis County by constructing soldier pile walls, underdrain, ditches, removing
guardrail, road restoration, placing guardrail, and other work. This project is
funded by Lewis County.
Commissioner Grose stated we had a meeting about one year ago regarding
this road. At that time, the comment from Public Works was that they wanted to
close the road and put cul-de-sacs on both ends. He is happy to see that we
have elected to submit to the wishes of the constituents and are planning on
repairing that road instead of putting in cul-de-sacs.
Commissioner Averill stated this is a call for bids, sealed bids are due to the
Clerk of the Board of County Commissioners by 9:30 am, on November 29, 2010.
The bids will be opened at the Board’s meeting on that day on or after 10:00 am.
Commissioner Grose mentioned this is by far not the least expensive solution;
the cul-de-sacs would have been much cheaper than repairing this road.
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2. Notice of Hearing: Regarding the Six Year Transportation Program and
Annual Construction Program. Hearing will be held on or after 10:00 am,
on November 15, 2010. Resolution No. 10-271
Tim Elsea, Public Works, stated pursuant to RCW 36.81.121, all Cities and
Counties are required to prepare, adopt and submit a Six Year Transportation
Improvement Program (STIP). Copies of this program are to be furnished to
WSDOT, CRAB, and the Transportation Improvement Board. The requirements
for the Annual Construction Program are contained in WAC 136.16. This part of
the WAC is intended to provide for an evaluation of compliance with the County
Forces construction limits outlined in RCW 36.77.065. A hearing for the STIP must
be held prior to the adoption. The public hearing will be held November 15, 2010 on
or after 10:00 am. The notice of hearing will be published in The Chronicle and The
East County Journal, November 3 and 10, 2010 and will also be posted on the
County Website. Additionally, Lewis County staff presented the proposed 2011 -
2016 STIP at the monthly Mayors meeting with the Board of County
Commissioners on October 1, 2010, the Planning Commission meeting on
October 12, 2010, and the Lewis County Transportation Strategy Council meeting
on October 18, 2010.
Commissioner Averill stated we try to get this program out to as many people as
we possibly can and it has been briefed before three of our advisory bodies, and
fellow elected officials. We do encourage people to look through this plan and
during the hearing if anybody would like to ask questions or to provide testimony it
would be greatly appreciated to do so at that time.
Commissioner Grose stated when he took office four years ago; he did not know
what a STIP was. It is important that people know, if there are any major road
projects in the County that they would like us to look at and work on, it is important
to talk to us about it ahead of time. This is a six year plan and to get a project on
this list we need to be aware of it. We do not travel every road every day, so if
road projects need done, we don’t always know about them unless someone tells
us.
Motion carried 3-0
CONSENT
Commissioner Grose made a motion to approve Consent Agenda items three
through nine. Commissioner Averill seconded the motion. Candace Hallom read
the items into the record.
3. Resolution No. 10-272 Approval of warrants for payment.
Commissioner Averill stated this resolution approves 227 warrants issued by the
Auditor’s Office for a total of $652,544.89.
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4. Resolution No. 10-273 Rescinding Resolutions 87-174 and 78-377
regarding LC Commissioners Revolving Fund.
Commissioner Averill stated this resolution rescinds Resolution No. 78-377 and
Resolution No. 87-174 and disestablishes the Lewis County Commissioners
Revolving Fund. This is primarily because we have done some reorganization
within the Commissioners’ Office and transfer of duties resulted in no need to
continue a Revolving Fund in the Commissioners’ Office.
5. Resolution No. 10-274 Amending Resolution No. 97-200 Petty Cash
Fund for the LC Commissioners Office.
Commissioner Averill stated this amends Resolution No. 97-200 which
established a Petty Cash Fund for the Lewis County Commissioners’ Office to
increase the amount maintained on hand from $10.00 to $100.00. The fund will
be maintained by the Clerk of the Board for the purpose of making small change
for individuals purchasing office supplies and miscellaneous office needs.
Principally, we have the Board of Equalization, Boundary Review Board, and a
few other activities that are run out of the Commissioner’s Office, people come in
and ask for copies and we need to be able to make change when given cash for
the documents.
6. Resolution No. 10-275 Appointing a Commissioner to the Mineral
Cemetery District #10.
Commissioner Averill stated this resolution appoints Michael Gordon (141
Mineral Rd, Mineral) to the Mineral Cemetery District Board # 10. The position
has been vacant for several years and the members of the Board have been
unable to agree on a replacement. Mr. Gordon has indicated a willingness to
serve on the Board. Under such conditions, the Lewis County Board of County
Commissioners have both the obligation and authority to fill the vacant positions.
7. Resolution No. 10-276 Appointing members to the WRIA 25/26
Planning Unit.
Commissioner Averill stated this resolution confirms the concurrence of the
Lewis County Board of County Commissioners in the appointment of the following
individuals to the Water Resource Inventory Area (WRIA) 25/26 Planning Unit;
a) Sherry Brown, Randle
b) Arne Mortensen, Kelso
c) Trent McGhee, Kelso
The requirement for the appointments to cross county boards and commissions
usually requires the consent of all the Counties involved. This is why we are
providing the names of two people from Kelso who are in Cowlitz County and not
in Lewis County.
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Commissioner Grose stated this came about because of the Planning Unit 25/26
meeting in Morton where people didn’t feel they had been informed. It was agreed
to at the Planning Unit meeting that we would expand the size of the Planning Unit
to include more of the general public. All three of these people have expressed
willingness, have participated in the Planning Unit meetings since the meeting in
Morton, and have been very active in trying to reach some resolutions to some of
the issues.
8. Resolution No. 10-277 Approving an inter-local agreement with the
City of Chehalis regarding provisions for fire marshal services.
Robert Johnson, Community Development, stated the Lewis County Fire
Marshall, Fred Chapman, is tasked with investigating fires and has for many years
contracted that out for to the City of Chehalis. The City of Chehalis has the staff,
expertise, and time to do fire investigations on behalf of Lewis County. The last
time this agreement was done was in 2006 and that contract is up at the end of
this year. This resolution is to approve an interlocal agreement between Lewis
County and the City of Chehalis for provision of those fire investigation services
through the Fire Marshalls Office. The agreement is for an amount not to exceed
$25,000.00. Typically, a fire investigation by budget runs in the area of
$20,000.00 to $25,000.00 depending on how many and the nature of the fire
investigations. The agreement has an option for two additional year extensions
by mutual agreement.
9. Resolution No. 10-278 Awarding contract for the HMA Slope
Mitigation Project-Pleasant Valley Road Mitigation.
Tim Elsea, Public Works, state this award will allow Public Works to enter into a
contract with the lowest responsible bidder for the Hot Mix Asphalt (HMA) Slope
Mitigation Project-Pleasant Valley Road Mitigation County Project No. SM07F3090.
This project is FEMA project No. PW 996. The contract will provide for the
improvement of shoulder mitigation on Pleasant Valley Road by paving shoulder
slopes with HMA and other work. This project is funded through the FEMA Public
Assistance Program. The contract price of $40,800.00 was provided by the lowest
responsive bidder, Lakeside Industries, Inc. of Centralia, Washington. The Federal
participation for this project is anticipated for the construction phase at 75%,
therefore the State and Lewis County are responsible for the remaining 25% equally.
This was a small works roster call and Lakeside was the only responsible bidder.
They came in just a few hundred dollars higher than our engineer’s estimate of
$39,000.00. Because the bid was over $40,000.00 we had to bring it to the Board of
County Commissioners for approval.
Motion carried 3-0
HEARING
Hearing: Non-Exclusive Franchise to PUD No. 1 of Thurston County.
Resolution 10-279
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Chairman Schulte announced the hearing and asked for a staff report.
Larry Unzelman, Public Works, stated Public Utility District (PUD) No. 1 of
Thurston County has requested a non-exclusive franchise for the construction,
operation, and maintenance of their water system facilities on, under, and across
various Lewis County roads. Thurston County PUD owns and operates numerous
small water systems within Lewis County, seven of those water systems have piping
that is partially located within the County road rights of way. This non-exclusive
franchise will authorize the continued maintenance and operation of the water
systems within the rights of way for five years. The roads covered by this franchise
are; Jackson Highway in Section 4, Township 12 North, Range 1 West, Walsh Lane in
Section 27, Township 14 North, Range 3 West, Chehalis Valley Drive in Section 3,
Township 13 North, Range 2 West, Valley Meadows Drive & Valley Meadows Loop in
Sections 19 and 30, Township 13 North, Range 1 West, Romerman Road in Section
28, Township 13 North, Range 2 West, Big Hanaford Road in Section 28, Township 15
North, Rage 2 West, Jack Fir Ct W, Jack Fir Ct E, Hemlock Ln, Alderwood Drive,
Cottonwood Land, and Cannon Rd in Section 1 & 2, Township 13 North, Range 9
East. This non-exclusive franchise is being granted pursuant to and in conformance
with RCW 36.55 and Lewis County Code 12.25 through 12.50. Resolution 10-248
which was passed by this Board on October 4, 2010 set this day November 1, 2010
as the date for hearing on the matter. RCW 36.55 requires that no hearing be held
on a proposed franchise grant until five days after the last publication date, and
fifteen days after posting of the notice thereof in three public places. Publication
must be twice in the official newspaper for publication in the County. Publication
occurred on October 6 and 13, 2010 and the franchise was posted in three public
places. The Franchisee has reviewed and agreed to the franchise. It is the
recommendation of the Public Works Department that this franchise for water
system facilities on various Lewis County road rights of way be granted to PUD No.
1 of Thurston County. If approved the district has 30 days to pay the publication cost
and provide proof of insurance as specified in the franchise document.
Commissioner Averill asked Larry to explain why Thurston County is operating
water systems in Lewis County.
Larry Unzelman replied Thurston County acquired several small water systems in
Lewis County over the past few years. Their structure allows them to operate
utilities outside of Thurston County.
Commissioner Averill stated Public Utility Districts can handle water and sewer.
The Lewis County PUD has specifically chosen not to handle water systems in the
County. The Thurston County PUD entered into agreements with a number of
smaller water systems to provide services. This franchise is for five years and is a
non- exclusive franchise. This provides the ability to get the service from the well to
the homes where they have to use road rights of way in order to provide that service.
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Commissioner Grose stated this is renewing an agreement that we have had in the
past with PUD No. 1 of Thurston County allowing them to go in and work on their
water lines within the rights of way.
Commissioner Averill stated it has been a decision of this Board to keep franchise
agreements to five years. When Commissioner Grose and he first came aboard
they found some franchises were for twenty years and nobody new about them. It
was determined, if we put these at five year franchises, someone will be around that
will know what happened.
Chairman Schulte asked if there were any more questions. There were none. He
closed the question and answer portion of the hearing and opened the formal
hearing.
Larry Unzelman asked that his previous comments be adopted into the record.
Commissioner Averill stated there have been concerns but the PUD has worked
with the Board to resolve all of them. When you have another County that is running
water systems in your County, the first thing you think about is water rights, and the
possibility of water rights being taken out of the County. We have the assurance
from the PUD that they have no intention of doing that. The PUD outside of
Thurston and Lewis Counties also provides water service to Mason and Grays
Harbor Counties. They have been very cooperative with us in addressing all of our
concerns and we have been satisfied by the answers given to us.
Chairman Schulte asked if there were any other statements for public testimony.
There were none. He closed the hearing and asked for a motion to approve
Resolution No. 10-279.
Commissioner Averill made a motion to approve Resolution 10-279.
Commissioner Grose seconded the motion. Candace Hallom, read the item into
the record.
Resolution No. 10-279 In the Matter of a nonexclusive franchise to Public
Utility District No. 1 of Thurston County to construct, operate, and maintain
water system in Lewis County Rights-of-way; and setting forth conditions
accompanying a grant of a nonexclusive Franchise; and providing for County
administration and regulation of the nonexclusive Franchise.
Motion Carried: 3-0
Hearing: Ordinance 1216-amending Lewis County Code 17.140 Open Space
Land Classifications.
Chairman Schulte announced the hearing and asked for a staff report.
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Robert Johnson, Community Development, stated the purpose of this hearing is
concerning the adoption of Ordinance 1216 which will amend Lewis County Code
17.140 with respect to the Open Space Classification Program and the Public
Benefits Rating System (PBRS). Following a State Audit, it was determined that
Lewis County Code 17.140 did not meet requirements of RCW 84.34 with respect to
the number of limitations that are placed on Open Space designation. The County
Code limited the Open Space Farm and Agriculture Conservation Land to a ten year
period but under State Law there is no restriction that can be placed on this. Initially,
the purpose of amending Lewis County Code 17.140 was to bring it in compliance
with the requirements of State Law and the audit finding, subsequent to that, a
decision was made to make a few other housekeeping changes to the Ordinance to
clarify and bring the process more up to date with what the County does with respect
to Open Space applications. There are some minor text changes that remove some
of the technical requirements that are no longer necessary. There are changes with
respect to the procedure for processing the applications and there are specific
language changes that remove the restrictive language with respect to the limitation
of the time limits and further clarify that process. There is some language that
clarifies how land in the designations must be maintained so they are available for
future commercial farming. In the draft version of the proposed changes there are a
couple of typos that will be cleaned up and changed in the final version.
Susan Johnson, Assessors Office, stated the State Audit was conducted in early
2009, it is due to the lengthy process of getting the Ordinances to this point that has
taken us this long. One of the reasons we cleaned up the copies and made some
changes in the process is the Open Space Land Program is administer by the PBRS
committee. The individuals that participate in that group are great people but none
of them have degrees in ecology and the form used previously lent itself more
toward that kind of thing. The public and the PBRS did not understand the form so
the cleanup was for the purpose of making it more usable.
Commissioner Averill asked Susan to explain PBRS, what it is and of whom it
consists.
Susan Johnson stated the PBRS is the Public Benefits Rating System Committee.
In 1970 the Washington State Legislature passed a law called the Open Space
Taxation Act, there are three programs under that law; the first is Open Space Land
which is land preserved in its natural state, the second is Timber Land, and the third
is Farm and Agriculture Land that is being used for commercial purposes. The
changes being suggested with this Ordinance touch only the preservation category
and has no effect on the Open Space Timber or the Open Space Farm and
Agricultural Land. Under the Lewis County Code 17.140 it sets up a system by
which a group of individuals in Lewis County can evaluate the applications for this
program. The committee is made up of one representative from the farm committee,
one from planning, one County Commissioner, one citizen, and one representative
from the Lewis County Assessor’s Office. Those individuals are charged with the
responsibility of sitting down and looking through the applications and deciding if
there is enough benefit to the public to give a tax break to the particular piece of
ground. The application is evaluated and needs to have at least three points under
one conservation preservation category for it to qualify. As a subsection under that
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preservation there are provisions made for non-commercially farmed land in order to
preserve that land for commercial farming in the future.
Commissioner Schulte stated this primarily removes restrictions and does not add
any additional restrictions to what people can do with their land.
Susan Johnson stated that is correct.
Commissioner Averill stated when this initially came out people thought we were
changing the program and were trying to take people out of Open Space designation
for certain types of activities such as timber or agriculture. That is not the case,
there is a general confusion between land designation and taxation principles under
the Department of Revenue that are included in the Assessors assessments of
property. There are many pieces of property classified as agricultural that are not
Agricultural Resource Lands they are just Rural Development District Lands. There
are two separate things that we are talking about; Growth Management on one side
designates the land use and in this case when talking about Open Space Programs
we are talking about taxing programs. The changes being made to Lewis County
Code 17.140 does not change the program itself.
Robert Johnson stated these changes were subject to a workshop and public
hearing before the Planning Commission. The proposed changes based on the
review audit and the proposed changes and revisions suggested by the Assessor
are to eliminate the restrictions and improve the program itself. The Chairman of the
Planning Commission forwarded a transmittal to the Board of County
Commissioners with findings, following a public hearing. Notice of this hearing was
published in the paper on October 13, 2010.
Chairman Schulte asked if there were any questions. There were none. He closed
the question and answer portion of the hearing and opened the formal hearing.
Susan Johnson asked that her previous comments be adopted into the record.
Robert Johnson asked that his previous comments be adopted into the record.
Don Wells, Toledo, stated he has been associated with farm properties in Lewis
County since 1966. He opposed the adoption of this Ordinance because of the
effect on the economic stability and the trust of the local land owners. This
Ordinance changes the contract with the property owners making panels and
commissions of unelected individuals, who at times have hidden agendas.
Chairman Schulte asked if there are any other statements for public testimony.
There were none. He closed the hearing and asked for a motion to approve
Ordinance 1216.
Commissioner Averill made a motion to approve Ordinance 1216. Commissioner
Grose seconded the motion. Candace Hallom, read the item into the record.
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Ordinance 1216: An Ordinance of the County of Lewis Amending Lewis
County Code Chapter 17.140 Open Space.
Commissioner Averill stated the changes being proposed in this Ordinance in no
way create new committees and in no way have any changes to the existing
Ordinances and Lewis County Code on either the Growth Management Act or on the
Open Space Program. It is purely a correction to the record which provides that a
person who voluntarily request to be put into a conservation program for agricultural
land can get into the program and has no time limit on it which previously was a ten
year time limit. We are not doing anything to restrict or take away the rights of any
citizen’s land in this County by virtue of these changes being made in this particular
Ordinance.
Commissioner Grose agreed and stated the changes to this Ordinance give the
property owner more protection than was previously governed. This is a change in
the existing Ordinance which allows more flexibility to the property owner to stay in
the program.
Motion Carried 3-0
There being no further business, the Commissioners’ public meeting adjourned at
10:50 a.m. on November 1, 2010. The next public meeting will be held Monday,
November 8, 2010, at 10:00 a.m.
Please note that minutes from the Board of County Commissioners’ meetings are not
verbatim. A recording of the meeting may be purchased at the Commissioners’ office.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
ATTEST: P.W. Schulte, Chairman
Clerk of the Board Ron Averill, Commissioner
Lewis County Commissioners
F. Lee Grose, Commissioner