Cowlitz County Board of Commissioners Minutes September 13, 2016 Vol. 531 Michael A. Karnofski, Chairman Dennis P. Weber, Commissioner Joe Gardner, Commissioner Tiffany Ostreim, Clerk of the Board Commissioner Karnofski called the regular meeting to order at 9:00 a.m. Commissioner Weber and Commissioner Gardner were present. Pledge of Allegiance Led by Commissioner Karnofski. Approval of Minutes of September 6, 2016 and Consent Agenda of September 13, 2016 Commissioner Gardner moved to approve the Minutes of September 6, 2016. Commissioner Weber moved to approve the Consent Agenda of September 13, 2016. The motion carried. Resolution No. 16-102 - Proclaiming the month of September as Recovery Month in Cowlitz County Commissioner Weber read the proclamation. Michelle Waltz, Peacehealth; stated the Discovery Recovery Walk is Saturday, September 24, 2016 at 9:00 a.m. at the Lions covered shelter at Lake Sacajawea. Celebrates those in recovery from addiction and mental illness. Thanked the Board for their support. Sponsors include Great Rivers Behavioral Health, Columbia Wellness, Peacehealth, Health and Human Services, and Axiall Corporation. Commissioner Gardner moved to adopt the resolution proclaiming the month of September as Recovery Month in Cowlitz County. Appointment of Special Deputy Prosecutor and Agreement with Howard Rubin of Ogletree, Deakins, Nash, Smoak & Steward, P.C. in connection with labor relations and other Human Resources services, for a period which shall expire September 30, 2017 Jim Zdilar, Personnel; stated this contract with Howard Rubin is for labor relations. Commissioner Weber moved to approve the Appointment of Special Deputy Prosecutor and Agreement with Howard Rubin of Ogletree, Deakins, Nash, Smoak & Steward, P.C. in connection with labor relations and other Human Resources services, for a period which shall expire September 30, 2017. Bid Award for the South Cloverdale Road and Martins Bluff Road intersection Improvement Project No. 1262 to the lowest responsible bidder, Clark and Sons Excavating, Inc.; total amount $99,942.50 Commissioner Weber noted the amount was 20% higher than the engineers estimate. Susan Eugenis, Public Works; stated the bids came in higher than expected. Have not seen a trend in early bid projects, but has seen a trend in the fall projects. This is federal safety money. Commissioner Weber moved to award the bid for the South Cloverdale Road and Martins Bluff Road intersection Improvement Project No. 1262 to the lowest responsible bidder, Clark and Sons Excavating, Inc.; total amount $99,942.50.
Commissioners Minutes Vol. 531 Page 2 Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the Willow Grove Road Guardrail Project No. 1501 - CRP No. 717 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction funds and transfers $2,000 of unused State Preliminary Engineering (PE) funds to the construction phase. Estimated total cost of the project is $569,800 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016 Commissioner Gardner moved to approve the Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the Willow Grove Road Guardrail Project No. 1501 - CRP No. 717 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction funds and transfers $2,000 of unused State Preliminary Engineering (PE) funds to the construction phase. Estimated total cost of the project is $569,800 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016. Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the South Pekin Road Guardrail Project No. 1215 - CRP No. 730 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction funds and transfers $2,500 of unused State Preliminary Engineering (PE) funds to the construction phase. Estimated total cost of the project is $119,750 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016 - Commissioner Weber moved to approve the Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the South Pekin Road Guardrail Project No. 1215 - CRP No. 730 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction funds and transfers $2,500 of unused State Preliminary Engineering (PE) funds to the construction phase. Estimated total cost of the project is $119,750 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016. Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the Install/Upgrade Curve Warning Signs Project No. 1105; CRP No. 731 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction funds and transfers $1,000 of unused State Preliminary Engineering (PE) funds to Agency PE funds. Estimated total cost of the project is $110,000 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016 Susan Eugenis, Public Works; stated they get distances, speeds around curves, and where to install signs. Commissioner Gardner moved to approve Local Agency Agreement Supplement No. 1 and Federal Aid Project Prospectus with Washington State Department of Transportation for the Install/Upgrade Curve Warning Signs Project No. 1105; CRP No. 731 which includes funding from the Federal Highway Administration's Highway Safety Improvement Program (HSIP); obligates construction
Commissioners Minutes Vol. 531 Page 3 funds and transfers $1,000 of unused State Preliminary Engineering (PE) funds to Agency PE funds. Estimated total cost of the project is $110,000 with 90% of the engineering and construction costs reimbursed with federal funds. However, 100% of the construction costs to be reimbursed with federal funds provided the construction funding is authorized by WSDOT by September 30, 2016. Personal Services Agreement with Sauerbrey Consulting Services to update and expand relevant sections of the Comprehensive Emergency Management Plan; cost $7,950 Ernie Schnabler, Emergency Management; stated they received a grant through FEMA because they applied to upgrade their comprehensive Emergency Management Plan. Will better address the oils and hazardous materials going through our county. Went out with a Request for Proposals, contacted six vendors, received three responses. Commissioner Gardner moved to approve the Personal Services Agreement with Sauerbrey Consulting Services to update and expand relevant sections of the Comprehensive Emergency Management Plan; cost $7,950. Interlocal Agreement with the Port of Kalama regarding funding assistance from rural county sales tax proceeds in the amount of $250,000 to be used to pay part of the cost of construction of a waterfront hotel and restaurant, specifically the cost of earth work and building construction Claire Hauge, Office of Financial Management; stated this will be for the Port to provide earthwork and building construction. Expect project to be done in 2017. Proceeds from a sales and use tax will be used. These funds must be used for public infrastructure. Commissioner Weber moved to enter into the Interlocal Agreement with the Port of Kalama regarding funding assistance from rural county sales tax proceeds in the amount of $250,000 to be used to pay part of the cost of construction of a waterfront hotel and restaurant, specifically the cost of earth work and building construction. Rick VonRock, 400 N. 7 th, Kelso; stated the building will be owned by the Port and operated by a private party. Will there be any taxes? Claire stated there will be tax on the construction. They still have to pay sales tax and will be employing local residents. They also pay Leasehold Excise Tax. Emergency Needs Fund Application from Community House on Broadway and Agreement with Community House on Broadway for emergency financial assistance to fund future operational expenses for Community House on Broadway. County will provide $15,000 in emergency funds from the County's local document recording fees - Claire Hauge, Office of Financial Management; stated this proposal is to disperse $15,000 to Community House on Broadway to help them with emergency financial assistance. First half payment will be made when the document is executed. The second half payment will be made after Community House provides certain financial documents. No requirement for coordinated entry. Community House provided a signed document this morning. Commissioner Gardner moved to approve the Emergency Needs Fund Application from Community House on Broadway and Agreement with Community House on Broadway for emergency financial assistance to fund future operational expenses for Community House on Broadway. County will provide $15,000 in emergency funds from the County's local document recording fees. The motion carried.
Commissioners Minutes Vol. 531 Page 4 Public Hearing - Resolution No. 16-103 - Ordering the vacation of a portion of Kuhnis Road. Nine-thirty a.m. was the time set for the public hearing. Patrick Harbison and Tyler Keck, Public Works; were present. This vacation was dedicated to the county by the Department of Natural Resources for possible railroad. They have determined the railroad unnecessary and request we vacate. Commissioner Karnofski opened and closed the public testimony portion of the hearing as no one present spoke for or against the subject. Commissioner Weber moved to adopt the resolution ordering the vacation of a portion of Kuhnis Road. Amendments to Project Agreements with State of Washington Recreation and Conservation Office transferring Willow Grove Beach Phase 1, RCO 91-052D, Amendment 2; Columbia River Boat Launch 96, RCO 96-1196D, Amendment 2; and Columbia River Boat Launch 98, RCW 98-1212D, Amendment 2, to the Port of Longview Commissioner moved to approve the three Amendments to Project Agreements with State of Washington Recreation and Conservation Office transferring Willow Grove Beach Phase 1, RCO 91-052D, Amendment 2; Columbia River Boat Launch 96, RCO 96-1196D, Amendment 2; and Columbia River Boat Launch 98, RCW 98-1212D, Amendment 2, to the Port of Longview. The motion carried. Interlocal Governmental Agreement for the Southwest Washington Economic Development District with Wahkiakum County and the Cowlitz-Wahkiakum Council of Governments Bill Fashing, Cowlitz-Wahkiakum Council of Governments; stated this agreement replaces the 1994 action supporting the development of an economic development area. This includes Wahkiakum County to the district. This provides clear definition and background for EDA to clearly show the district organization being the Cowlitz-Wahkiakum Council of Governments and provides that information to the State Auditor s Office. The agreement has passed legal review. Serves as foundation document for Lewis, Cowlitz and Wahkiakum. Federal statutes allow for majority of counties to take such action. Allows eligibility for federal funds. Opens the door for economic development administration. Commissioner Gardner moved to enter into the Interlocal Governmental Agreement for the Southwest Washington Economic Development District with Wahkiakum County and the Cowlitz- Wahkiakum Council of Governments. Public Hearing - Ordinance No. 16-104 - Establishing regulations for use of Unopened Rights-of-Way and adopting Chapter 12.30 of Cowlitz County Code. Nine forty-five a.m. was the time for the public hearing. Patrick Harbison, Public Works; stated these four public hearings are to update our codes and clear any inconsistencies and bring up to date. Unopened rights-of-way were dedicated to the county and have not had construction. People buy lots off of them, but can t get to them. This offers opportunities for licenses to use rights of ways for driveways or to access lands temporarily such as logging operations. Commissioner Karnofski opened the public testimony portion of the hearing. Rick VonRock, 400 N. 7 th, Kelso; asked who is responsible for building and maintaining a driveway or road? Patrick answered the license would require the citizen to maintain their own driveway from end of public road.
Commissioners Minutes Vol. 531 Page 5 Commissioner Karnofski closed the public testimony portion of the hearing. Commissioner Gardner moved to adopt the Ordinance establishing regulations for use of Unopened Rights-of-Way and adopting Chapter 12.30 of Cowlitz County Code. Public Hearing - Ordinance No. 16-105 - Establishing regulations for vacation of county roads and adopting Chapter 12.40 of Cowlitz County Code. Ten o clock a.m. was the time set for the public hearing. Patrick Harbison, Public Works; stated this establishes process for appraisals when a right of way vacation is near private land. If we look at selling or give to neighbor we have to set value. Follows state RCW. Doug Jensen, Prosecuting Attorney Office; stated when a dedicated roadway is turned back to a property owner it recognizes fair market value. Commissioner Karnofski opened and closed the public testimony portion of the hearing as no one present spoke for or against the subject. Commissioner Weber moved to adopt the Ordinance establishing regulations for vacation of county roads and adopting Chapter 12.40 of Cowlitz County Code. Public Hearing - Ordinance No. 16-106 - Establishing regulations for use of County Rights of Ways and adopting Chapter 12.55 of Cowlitz County Code. Ten fifteen a.m. was the time set for the public hearing. Patrick Harbison, Public Works; stated this allows the county to control the right of way. Continues policy of how rights of way are used. Addresses how to administer encroachments and establishes how to handle public nuisances when they are in the right of way. A franchise fee is the cost to administer the permit or license itself. This allows the county the authority and protects itself in court. This allows us to notice the nuisance, bring it forward, determine safety hazard, and work with property owner to maintain safety of the public in the right of way. Doug Jensen, Prosecuting Attorney s Office; stated you need a process to put the landowner on notice. Existing issues are a policy issue up to the Board. Public Works and Risk Manager give you recommendations. Need to weigh risk and policy vs. individual property rights. This sets a process for property owners. Commissioner Karnofski opened the public testimony portion of the hearing. Rick VonRock, 400 N. 7 th, Kelso; stated there could be existing structures in the right of way for years and no complaint. Asked about being grandfathered. Doug stated case law still sets the bar on county obligation. Lacking is county process in determining public safety. Can t grandfather safety. Incumbent on commissioner elected. Can t draft concerns other than pro activity of local community. Need a process where people can be notified. If there is construction or franchise improvement in a right of way that someone has constructed on, their property may be at risk. Commissioner Gardner stated this sets parameters for a process. Does not define a public nuisance. Step one is to bring forward the safety issue. It is then reviewed. Commissioner Karnofski closed the public testimony portion of the hearing. Commissioner Gardner moved to adopt the Ordinance establishing regulations for use of County Rights of Ways and adopting Chapter 12.55 of Cowlitz County Code.
Commissioners Minutes Vol. 531 Page 6 Public Hearing - Ordinance No. 16-107 - Establishing regulations for Closure or Restricted Use of County Roads and repealing Chapter 12.15 and adopting Chapter 12.20 of Cowlitz County Code. Ten-thirty a.m. was the time set for the public hearing. Patrick Harbison, Public Works; stated this brings the old code up to date with current stands. Mostly construction related. Requires posting. Doug stated this provides tools to regulate when you have specific situations. Commissioner Karnofski opened and closed the public testimony portion of the hearing as no one present spoke for or against the subject. Commissioner Weber moved to adopt the Ordinance establishing regulations for Closure or Restricted Use of County Roads and repealing Chapter 12.15 and adopting Chapter 12.20 of Cowlitz County Code. Consent Agenda Correspondence Letter dated August 25, 2016 to the BOCC from Laurie Dschaak, Project Manager; State of WA, Department of Commerce; regarding the Grantee Closeout Performance Report for Cowlitz County's 2015 Community Development Block Grant Contract No. 15-62210-003. Affidavit of posting resume of the Commissioners' Proceedings for the month of August. 2016. Vouchers The following vouchers/warrants are approved for payment Fund Voucher Numbers Amount Claims 487523-487821 $ 1,587,215.66 The Cowlitz County Board of Commissioners adjourned at 10:45 a.m. to meet again Tuesday, September 20, 2016 at 9:00 a.m. /s/ Tiffany Ostreim Tiffany Ostreim, Clerk of the Board /s/ Michael A. Karnofski Michael A. Karnofski, Chairman