Cowlitz County Board of Commissioners

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1 Cowlitz County Board of Commissioners Minutes May 31, 2011 Vol. 467 George Raiter, Chairman Michael A. Karnofski, Commissioner James Misner, Commissioner Vickie Musgrove, Clerk of the Board Commissioner Raiter called the regular meeting to order at 9:00 a.m. Commissioner Karnofski and Commissioner Misner were present. Approval of Consent Agenda Commissioner Misner moved to approve the Consent Agenda of May 31, The motion carried. Public Comment Sandra Davis, Longview; asked if Millennium was now doing clean up work? Commissioner Raiter stated he understood they are doing some remediation on structures. Commissioner Karnofski pointed out they can t do any work in the water because they don t have a Shoreline permit. Davis voiced her concerns about a possible coal project. Commissioner Raiter noted statements have been made that aren t precise. Alcoa has to clean up the site before used by anyone else. They had three sites this was next on the list. Chinook didn t make any promises and didn t do clean up. Millennium made promises with a permit but doesn t have a permit. We can t choose who applies for permits. If they apply again they will likely hit the line for a full Environmental Impact Statement (EIS). Resolution No Reimbursable Work Request and Agreement for roadside ditch cleaning for the City of Kelso, total cost not to exceed $4,000 Commissioner Karnofski moved to approve the Reimbursable Work Request and Agreement with the City of Kelso. The motion carried. Resolution No Revised County Road Project No (3) and Call for Bids for the Tower Road Bridge Scour Repair Project; Bid Opening to be held June 21, 2011 at 11:00 a.m. Commissioner Misner moved to approve the Revised County Road Project and issue the call for bids. The motion carried. Resolution No Amending the 2011 Annual Construction Program Commissioner Karnofski moved to approve the resolution amending the 2011 Annual Construction Program. The motion carried. Local Agency Agreement and Project Prospectus for submittal to the Washington State Department of Transportation in order to obligate $200,000 of the HSIP / HRRRP funding for preliminary engineering for Safety Improvement Program Projects. Commissioner Karnofski moved to approve and execute the Local Agency Agreement and Project Prospectus. The motion carried.

2 Commissioners Minutes Vol. 467 Page 2 Contract completion with Five Rivers Construction for the Summers Creek Bridge Project No. 5319, CRP No (1), total cost $481, Commissioner Misner moved to accept the contract with Five Rivers Construction as complete. The motion carried. Modification No. 4 to Agreement No. LINK-MH with Toutle River Ranch dba Youth and Family Link continues to deliver medically necessary health services to enrollees and eligible service recipients and provide age linguistic and culturally community mental health services for whom services are medically necessary and clinically appropriate pursuant to federal and state regulations; increases contractual amount for the period of January 1, 2010 through September 30, 2011 not to exceed $1,940,266 Commissioner Misner moved to approve and execute Modification No. 4 with Toutle River Ranch dba Youth & Family Link. The motion carried. Affirming Cowlitz County Economic Development Council (EDC) as the Associate Development Organization (ADO) for Cowlitz County Commissioner Karnofski moved to approve affirming Cowlitz County Economic Development Council as ADO. Commissioner Misner commented the EDC has been doing a great job for us. The motion carried. Open Record Public Hearing Approved - Shoreline Management Substantial Development / Conditional Use Permit No. SL , submitted by the Port of Kalama to re-permit the South Port Dredge Material Rehandle site adjacent to the Columbia River - Nine-thirty a.m. was the time set for the open record public hearing. Commissioner Raiter outlined the format of the public hearing. Phil Rupp and Ron Melin, Building and Planning; were sworn in. Melin presented the staff report. Pointed out that this site is a designated site for Columbia River channel deepening project and this is the third round of permitting. There is no change in existing use. Consistent with Shoreline Master Program and Comp Plan. Staff recommended approval subject to fourteen (14) conditions. Mark Wilson, representing Port of Kalama; was sworn in. Stated the conditions are identical to what we have had. They are in concurrence with conditions in the staff report. Stated they do have a program for sale of dredge material. Commissioner Raiter closed the public testimony portion of the hearing. Commissioner Misner moved to approve the Shoreline Management Substantial Development / Conditional Use Permit No. SL , submitted by the Port of Kalama based on the staff report, findings and conclusions, testimony and subject to the fourteen conditions in the staff report. The motion carried. Open Record Public Hearing Approved - Shoreline Management Substantial Development/Conditional Use Permit application No. SL submitted by the Port of Kalama to re-permit the North Port Dredge Material Rehandle site adjacent to the Columbia River Nine-forty five a.m. was the time set for the open record public hearing. Commissioner Raiter pointed out this is same as the one we just approved except this is the North site. Commissioner Raiter outlined the format of the public hearing. Phil Rupp and Ron Melin, Building and Planning; were sworn in. Melin presented the staff report. Stated the

3 Commissioners Minutes Vol. 467 Page 3 staff report includes same information as submitted for the south site. Third round of permitting operation for 14 years; noted no change in use or dimensions is proposed. Consistent with Shoreline Master Program and Comp Plan. Under review comments received from Fish & Wildlife (WDFW). Noted there is rail loop which has been in planning phase for a number of years. Port is possibly looking at filling in a portion of backwater channel. Photos show back channel has been filling in naturally. The concern of Fish & Wildlife is that easterly wind might fill in the back channel unnaturally. We can t address their concerns for Shoreline purposes. At this point the Port has done everything they can do to satisfy. WDFW comments should have come up during SEPA review. They really don t have bearing on this permit. Staff recommended approval subject to fourteen (14) conditions. Mark Wilson, representing Port of Kalama; was sworn in. Stated they have read the report and accept the conditions. Commissioner Raiter asked if he thought wind was removing a substantial amount of sand. Wilson answered it has been covered with vegetation to help with dust. Commissioner Raiter closed the public testimony portion of the hearing. Commissioner Karnofski moved to approve the Shoreline Management Substantial Development /Conditional Use Permit No. SL , submitted by the Port of Kalama based on the staff report, findings and conclusions, testimony and subject to the fourteen conditions in the staff report. The motion carried. Continued Public Hearing; Hearing continued to June 28, 2011 at 10:00 a.m. - Proposed Stormwater Ordinance - Establishing minimum standards for those who alter the surface waters and stormwater drainage systems - Ten o clock a.m. was the time set for the continued hearing. Patrick Harbison, Public Works; made a presentation with background of the ordinance. Noted that Phase II municipal stormwater permit has the requirement of an ordinance, minimum requirements dictated by permit. Noted the flow chart has been updated. Noted that if a project doesn t exceed 50% of assessed value then doesn t qualify. Cary Butler, Longview; pointed out he owns property in stormwater taxation zone. Have read the revised material but still have some questions. Didn t see where 5000 sq ft land disturbance exists in the permit. Harbison answered it isn t in the NPDS permit. It was added with conversations with Longview, Kelso, and CDID No. 1 to control sediment entering their ditches. Butler stated he would like to see that changed that. Also questioned flow chart; would like to see prescriptive details adopted. Asked what the fees would be. Commissioner Raiter noted our fees are currently below surrounding area. Kurt Henthorn, Longview; concerned with size and asked the ordinance be as simple as possible. Felt too many regulations were being made.

4 Commissioners Minutes Vol. 467 Page 4 Tom Herald, Longview; asked if his parcels were in the boundary. Commissioner Raiter stated he isn t likely to be impacted. Eric Pucci noted he is opposed to the stormwater plan as written. Need compromise. Jeff Richter, Kalama; stated he isn t part of this permit area, but is opposed to the ordinance as written. Pointed out that The Daily News article said the rules won t affect most residents but said developers must control water. Those costs will be passed down to the people purchasing the property. Asked for the people of this county be given an opportunity to challenge this permit. Need citizens to voice their opinions. Commissioner Raiter noted industry has been under discharge permits. Commissioner Karnofski pointed out that like it or not we do have to work with DOE. Was pointed out we are a year behind. Commissioner Raiter stated Dept. of Ecology is a creature of legislature. We need to continue to work with our legislators. Keath Huff, Lexington; stated he is within the boundary. Asked what definition of disturbed is. That needs to be clearly defined. Tires on my truck could be defined as moving earth. Neighbors have to tear down old home and rebuild. Noted demolition process will make them fall under abbreviated plan. But abbreviated plan isn t defined yet. Citizens need to look at that abbreviated plan. Suggested a meeting with concerned people would be good. Bob Peters, Longview; felt this would interfere with creation of jobs. Commissioner Karnofski noted he would be scheduling a meeting with Public Works, Building & Planning and interested parties. Marilyn McGhee, Kelso; commented about exemption for severe hardship. Tim Wines, Kelso; spoke about the use of the Puget Sound manual. Need to be consistent on what is used. Stated they could talk about at the workshop Commissioner Raiter stated the hearing would be continued to June 28, Consent Agenda Call for Hearing Resolution No Call for Open Record Public Hearing - Shoreline Management Substantial Development Permit Appl. No. SL submitted by PacifiCorp to make ADA and UAOR improvements at Cresap Bay Camp, Lake Merwin shoreline; Hearing set for June 21, 2011 at 9:30 a.m.

5 Commissioners Minutes Vol. 467 Page 5 Resolution No Call for Open Record Public Hearing - Shoreline Management Substantial Development/Conditional Use Permit Appl. No. SL submitted by PacifiCorp to make repairs and facility upgrades at the Speelyai Fish Hatchery, Speelyai Creek shoreline; Hearing set for June 21, 2011 at 9:45 a.m. Correspondence Letter dated May 12, 2011 to the BOCC from Washington Counties Scholarship Fund regarding 2011 Awards. Letter dated May 20, 2011 to Brady Seroshek from the BOCC with congratulations on being among the finalists for the 2011/2012 Washington Counties Scholarship Fund. Letter dated May 31, 2011 to Steve Knowles from the BOCC with congratulations on his retirement. Letter dated May 31, 2011 to Chuck Davison from the BOCC appointing him to a term on the Cowlitz County Boundary Review Board; term expires January 31, Letter dated May 31, 2011 to Brian Loos from the BOCC appointing him to another term, representing District 2, on the Cowlitz County Park and Recreation Advisory Board; term to expire June 30, Letter dated May 31, 2011 to Stacy Fanchin from the BOCC appointing her to a term, representing District 1, on the Cowlitz County Parks and Recreation Advisory Board, term expires June 30, Letter dated May 31, 2011 to Joel Howatt from the BOCC thanking him for his interest in serving on the Cowlitz County Parks and Recreation Advisory Board. Travel Authorizations Carlos Carreón, Health/Human Services; to Phoenix, AZ to attend Capacity Building Conference - June 13 through June 21, Carlos Carreón and Marc Bollinger, Health/Human Services; to Chicago, IL to attend American Public Health Association 2011 mid-year meeting - June 22 through June 25, The following vouchers/warrants are approved for payment Fund Voucher Numbers Amount Claims $ 149, Salary ,736, The Cowlitz County Board of Commissioners adjourned to meet again Tuesday, June 7, 2011 at 9:00 a.m. /s/vickie Musgrove Vickie Musgrove, Clerk of the Board /s/george Raiter George Raiter, Chairman

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