Cowlitz County Board of Commissioners Minutes July 11, 2017 Vol. 541 Joe Gardner, Chairman Dennis P. Weber, Commissioner Arne Mortensen, Commissioner Tiffany Ostreim, Clerk of the Board Commissioner Gardner called the regular meeting to order at 9:00 a.m. Commissioner Weber and Commissioner Mortensen were present. The meeting was temporarily relocated to the first floor, cafeteria due to the elevator being down. Pledge of Allegiance Led by Commissioner Gardner. Approval of Minutes of June 27, 2017 and Consent Agenda of July 11, 2017 Commissioner Mortensen moved to approve the Minutes of June 27, 2017. The motion carried with all voting in Commissioner Weber moved to approve the Consent Agenda of July 11, 2017. The motion carried with all voting in Local Agency Agreement Supplement No. 2 with WA State Department of Transportation for the Willow Grove Guardrail Project No. 1501; CRP 717 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP) and deobligates $16,034 of unspent construction funds which will be reallocated to the Install / Upgrade Curve Warning Signs project Susan Eugenis, Public Works; was present. This project has been completed. Moving left over funds to another project. Commissioner Mortensen moved to approve Local Agency Agreement Supplement No. 2 with WA State Department of Transportation for the Willow Grove Guardrail Project No. 1501; CRP 717 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP) and deobligates $16,034 of unspent construction funds which will be reallocated to the Install / Upgrade Curve Warning Signs project. The motion carried with all voting in Local Agency Agreement Supplement No. 2 with WA State Department of Transportation for the Install/Upgrade Curve Warning Signs Project No. 1108, Fed Aid No. TA-5635 which includes funding from the Federal Highway Administration s Highway Safety Improvement Program (HSIP) and obligates an additional $16,034 of construction funds that were not used on the Willow Grove Road Guardrail Project No. 1501 Susan Eugenis, Public Works; was present. This is accepting additional funds for the project. Commissioner Weber moved to approve Local Agency Agreement Supplement No. 2 with WA State Department of Transportation for the Install/Upgrade Curve Warning Signs Project No. 1108, Fed Aid No. TA-5635 which includes funding from the Federal Highway Administration s Highway Safety Improvement Program (HSIP) and obligates an additional $16,034 of construction funds that were not used on the Willow Grove Road Guardrail Project No. 1501. The motion carried with all voting in Amendment No. 1 to the FY2015-2017 Biennial Stormwater Capacity Grant between Cowlitz County and the Washington State Department of Ecology which reduces the total funding of the grant from $50,000 to $25,000 used to manage the NPDES Phase II Municipal Stormwater Permit and only affects the unincorporated urban areas of Cowlitz County adjacent to the Cities of Longview and Kelso Susan Eugenis, Public Works; was present and explained the state has reduced funding.
Commissioners Minutes Vol. 541 Page 2 Commissioner Mortensen moved to execute Amendment No. 1 to the FY2015-2017 Biennial Stormwater Capacity Grant between Cowlitz County and the Washington State Department of Ecology which reduces the total funding of the grant from $50,000 to $25,000 used to manage the NPDES Phase II Municipal Stormwater Permit and only affects the unincorporated urban areas of Cowlitz County adjacent to the Cities of Longview and Kelso. The motion carried with all voting in Change Order No. 1 to the contract with Lakeside Industries for the 2017 Countywide Pavement Overlay Project No. 2227 to add paving of portions of Kalama River Road at an additional cost of $112,560 and add pavement overlay of the second lane at the Headquarters Landfill at an additional cost of $90,138.05 bringing the total of this project from $710,508.94 to $913,206.99 Susan Eugenis, Public Works; was present and explained the project. Being paid out of Solid Waste funds. Commissioner Weber moved to approve Change Order No. 1 to the contract with Lakeside Industries for the 2017 Countywide Pavement Overlay Project No. 2227 to add paving of portions of Kalama River Road at an additional cost of $112,560 and add pavement overlay of the second lane at the Headquarters Landfill at an additional cost of $90,138.05 bringing the total of this project from $710,508.94 to $913,206.99. The motion carried with all voting in Local Agency Agreement and Federal Aid Project Prospectus with Washington State Department of Transportation for the Kalama River Road Slide Removal and Guardrail Repair Project No. 5317 which obligates ER funds for the project. Total cost of the project is estimated at $200,000. The ER program will reimburse the County for up to 100% of the eligible Temporary/Emergency Repairs including debris removal Susan Eugenis, Public Works; was present. Requesting funding to reimburse for the work done. Commissioner Mortensen moved to approve the Local Agency Agreement and Federal Aid Project Prospectus with Washington State Department of Transportation for the Kalama River Road Slide Removal and Guardrail Repair Project No. 5317 which obligates ER funds for the project. Total cost of the project is estimated at $200,000. The ER program will reimburse the County for up to 100% of the eligible Temporary/Emergency Repairs including debris removal. The motion carried with all voting in Resolution No. 17-056 - County Road Project and Call for Bids for the South Pekin Road Guardrail Project No. 1215; CRP No. 730; Bid Opening to be held August 1, 2017 at 11:00 a.m. Susan Eugenis, Public Works; was present and explained the project.. Commissioner Weber moved to approve County Road Project and Call for Bids for the South Pekin Road Guardrail Project No. 1215; CRP No. 730; Bid Opening to be held August 1, 2017 at 11:00 a.m. The motion carried with all voting in Interlocal Agreement with the Port of Woodland providing funding assistance from rural county sales tax proceeds in the amount of $200,000 to assist with the Woodland Reload; Rail and Site Construction Katrina Harris, Office of Financial Management; was present and explained the project. The project will be funded with interest earnings on proceeds from a sales and use tax authorized by RCW 82.14.370. Commissioner Mortensen moved to enter into the Interlocal Agreement with the Port of Woodland providing funding assistance from rural county sales tax proceeds in the amount of $200,000 to assist with the Woodland Reload; Rail and Site Construction. The motion carried with all voting in Interagency Agreement between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the U.S. Forest Service, Gifford Pinchot National Forest (GP) for grant funding in the amount of $42,650.00 for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument for
Commissioners Minutes Vol. 541 Page 3 the period of through December 31, 2019 Angelica Velazquez, Noxious Weeds; was present and explained the project. Coordinates with other counties and entities. This is for invasive plant treatment within Mount St. Helens National Volcanic Monument. Funding includes Title II money. Has been working on this project for the past five years. Prioritizes the invasive weeds. Commissioner Weber moved to enter into the Interagency Agreement between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the U.S. Forest Service, Gifford Pinchot National Forest (GP) for grant funding in the amount of $42,650.00 for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument for the period of through December 31, 2019. The motion carried with all voting in County Program Agreement with Washington State Department of Social and Health Services to support the administration of expanded evidence-based treatment and training programs to the youth and families under our jurisdiction to include Functional Family Therapy (FFT) and Aggression Replacement Training (ART). This contract is for the period of July 1, 2017, through June 30, 2019. The Juvenile Department will receive $62,077 for FY18 and $62,077 for FY19, for a total of $124,154 Commissioner Gardner explained the program. Contracts with two private vendors for FFT and contracts with Link to provide ART. Commissioner Mortensen moved to approve County Program Agreement with Washington State Department of Social and Health Services to support the administration of expanded evidence-based treatment and training programs to the youth and families under our jurisdiction to include Functional Family Therapy (FFT) and Aggression Replacement Training (ART). This contract is for the period of July 1, 2017, through June 30, 2019. The Juvenile Department will receive $62,077 for FY18 and $62,077 for FY19, for a total of $124,154. The motion carried with all voting in Approval of purchase of anti-malware software from Malwarebytes, Inc. for a total of 800 licenses; cost $14,522.59 including WA State sales tax Randy Webster, Information Technology; was present and explained the software purchase. Commissioner Weber moved to approve the purchase of anti-malware software from Malwarebytes, Inc. for a total of 800 licenses; cost $14,522.59 including WA State sales tax. The motion carried with all voting in Continued Public Hearing - Revising the Cowlitz County Stormwater Drainage Code to meet the requirements of the Western Washington Phase II Municipal Stormwater Permit. Resolution No. 17-057 - Declaring a State of Emergency in Housing and Homelessness in Cowlitz County that threatens the environment, as well as the public health and safety. Nine-forty-five a.m. was the time set for the continued public hearing which was first held June 27, 2017 and a resolution was referred to the Prosecuting Attorney s office. Patrick Harbison, Public Works; and Doug Jensen, Prosecuting Attorney s Office; were present. This is a state requirement effective July 1. Sent a G20 letter which is a non-compliance letter to Ecology and it was not accepted. The G20 letter must state the description of non-compliance, beginning and end date of non-compliance, and steps to take to get into compliance. 2,000 square feet is found in the permit issued by Ecology for all phase 2 municipal counties which is based on urbanized area and densities. Dealing with about 15% of the area. The county appealed the initial 1 acre threshold when the permit came out, but we did not win. Doug Jensen noted the Board met in Executive Session Monday to discuss liability of noncompliance. Stormwater compliance process has been vetted. There have been court decisions. Both had unanimous decisions in existing regulations. Homeless has not been reviewed as element of stormwater adoption. If addressed, it would have been during implementation. Homeless has not
Commissioners Minutes Vol. 541 Page 4 been looked at as an element or condition to delay or a justification. In terms of accommodating homeless issues it may require a legislative fix. Clark County has over a $3 million penalty to pay. The state supreme court stripped municipalities in vesting. If development goes forward without local regulations measures after the fact have to be taken into consideration. Penalization can come from parties and the state. Commissioner Weber stated Department of Ecology appears to say homelessness is not an issue yet we have state and federal laws stating it is an issue and we have to figure it out. Encouraged adoption of the proposed emergency resolution. Would like the Homeless Housing Task Force to look at and give opinion Commissioner Mortensen stated government overreach continues. We could be sued if we don t adopt. Doesn t like the state forcing them to sign something they don t approve. Commissioner Gardner talked about interest to work on a legislative fix. Commissioner Gardner opened the public testimony portion of the hearing. Rick Von Rock, 400 N. 7 th, Kelso; asked about replacement versus upgrades. Replacement would be subject to permit, maintenance is exempt. Commissioner Gardner closed the public testimony portion of the hearing. Kris Swanson, Auditor; appreciates the passion behind homeless issue and housing epidemic. This came down from federal to the state. We as elected officials are not able to pick and choose which laws we like and adopt. Think about compliance. Don t set us up for litigation and liability. If there is a legislative fix proceed in that matter. Let them know loud and clear this is not working. We took an oath of office to uphold the laws of the State of Washington. Commissioner Weber moved to adopt the resolution declaring a State of Emergency in Housing and Homelessness in Cowlitz County that threatens the environment, as well as the public health and safety. The motion carried with Commissioner Weber and Commissioner Mortensen in favor and Commissioner Gardner opposed. The hearing will be continued to July 18, 2017 at 9:45 to consider the G20 letter. The Board went into Executive Session per RCW 42.30.110(1)(i) to discuss matters of agency enforcement action and potential litigation on stormwater regulations for 30 minutes starting at 10:45 a.m. Joe Gardner, Dennis Weber, Arne Mortensen, Patrick Harbison, Doug Jensen, Claire Hauge, Elaine Placido and Tiffany Ostreim attended Executive Session. All parties came out of Executive Session at 11:12 a.m. No decisions were made. Consent Agenda Call for Bids Call for Bids for the Headquarters Landfill Flare Station Expansion Project No. 8461; Bid Opening to be held August 1, 2017 at 11:00 a.m. Agreements License Agreement with Ryderwood Improvement and Services Association, Inc. to install a new ballot drop box in Ryderwood for a period of 10 years; cost $1,869.63 plus installation.
Commissioners Minutes Vol. 541 Page 5 Correspondence Letter dated June 29, 2017 to Greg Kahler from the BOCC with congratulations on his retirement. Letter dated July 7, 2017 to Don Gill from the BOCC with congratulations on his retirement. Letter dated June 16, 2017 to the BOCC from Mark Barkley, State of WA, Department of Commerce stating Cowlitz County is awarded a $68,494 Community Development Block Grant for public services provided by Lower Columbia Community Action Council. Letter dated June 26, 2017 to the BOCC from Ryan Zinke, Secretary of the Interior; stating the Department of the Interior issued payments under the Payments in Lieu of Taxes (PILT) program in the amount of $13,605. Vouchers Drainage Improvement District No. 1 recommends approval of the May 2017 vouchers in the total amount of $567.75. The following vouchers/warrants are approved for payment Fund Voucher Numbers Amount Salary Direct Deposits 158531-158565 180853-181378 $ 39,764.57 930,865.44 Claims 280 37,019.19 Claims 281 22,655.94 Claims 501790-501941 4,090.86 Claims for Special Purpose Districts 501942-502015 125,232.86 Claims 502016-502216 859,112.25 Claims 502217-502244 97,563.98 Claims 502245-502333 1,701.84 Claims for Special Purpose Districts 501449-501580 1,281,808.71 Claims 501581-501789 1,562,401.92 The Cowlitz County Board of Commissioners adjourned at 11:12 a.m. to meet again Tuesday, July 18, 2017 at 9:00 a.m. /s/ Tiffany Ostreim Tiffany Ostreim, Clerk of the Board /s/ Joe Gardner Joe Gardner, Chairman