HomeMy WebLinkAboutCommissioners Proceedings - Commissioners - 20 (357)COMMISSIONERS' PROCEEDINGS
Week of January 10, 2005
The Grant County Commissioners session was called to order at 9:00 a.m. with all the
Commissioners in attendance with the Clerk of the Board.
The Commissioners approved the salary, wage, and/or position changes as recommended
by Angie Clark, Human Resources Director, for Nisa Faye Davis, PARC.
The Commissioners approved the separation date of January 31, 2005 for Pamela
Duggan, Grant Mental Healthcare; January 20, 2005 for Karrie Crowder, Directions in
Community Living; and December 31, 2004 for Tess Grant, District Court,
The Commissioners approved the transfer date of December 17, 2004 for Ruth L. Herron,
from Auditor to Public Works.
The Commissioners approved the hire date of January 6, 2005 for Custodio Valencia and
Heather West, PARC; and December 29, 2004 for Daphnie N. Martin, PARC.
The Commissioners granted permission to Jim Thompson of the Grant County Mosquito
Control District #1, to operate in the airspace over Grant County during the 2005 year, for the
purpose of mosquito abatement.
The Commissioners signed an Attended Donation Center (ADC) License Agreement
between Grant County and Goodwill Industries of the Inland Northwest to facilitate the sitting of
an attended collection donation trailer on County property.
The Chair of the Board was authorized to sign a Washington State Department of
Community Trade and Economic Development CDBG Program Contact Face Sheet (05-64005-
002) for the 2005 year in the amount of $185,562.00 to fund North Columbia Community Action
Council to provide public services to low and moderate income persons.
As of this date the Board by a majority vote does approve for payment those vouchers as
presented by the Grant County Health District: Payroll Vouchers #1 — 4, and General Fund
Vouchers #5 — 70, in the amount of $149,450.67, as recorded on a listing and made available to
the Board.
The Commissioners approved the recommendation of Angie Clark, Human Resources
Director, for the Auditor's office to hire Laurie Buchanan as Recording Deputy.
The Commissioners signed the Public Works Claims Fund Voucher Approval No. 01 A
through No. 01-138 in. the total amount of $1,161,889.20, as recorded on a listing and made
available to the Board.
Pagel of 4
COMMISSIONERS' PROCEEDINGS
Week of January 10, 2005
As of this date, the Board, by a majority vote, does approve for payment those vouchers
certified by the auditing officer as required by RCW 42.24.080, and those expense
reimbursement claims certified by the auditing officer as required by RCW 42.24.090, in the
amount $743,571.22, as recorded on a listing and made available to the Board.
The Commissioners approved the request from Angie Clark, Human Resources Director,
for out-of-state travel to Las Vegas, Nevada from March 30 -April 1, 2005 to attend the Strategic
FIR Leadership Summit.
As there was no further business to come before the Board the session was continued
until January 11, 2005.
January 11, 2005
The session was continued at 9:00 a.m. with Commissioners Allison and Stevens in
attendance with the Clerk of the Board. Commissioner Moore was not in attendance and
excused.
The Commissioners held a public hearing regarding a Plat Alteration for Ron Gear consisting
of dividing three, 2 -acre lots into six, 1 -acre lots for residential purposes. All lots are vacant at this
time. The Location of the proposal is Lots 1 & 8, Block 1 and Lot 3, Block 2 of Wild Goose Tracts
Phase 1 located in the Cascade Valley area along Ventura Rd. NE in Moses Lake and are a portion of
the SE `/4 of Section 17, Township 19 North, Range 28 East, W.M., Grant County, WA. Parcels# 12-
1126-315, 12-1126-308 and 12-1126-004). Commissioner Stevens moved to uphold the Planning
Commission recommendation to approve the Preliminary Plat recognizing the 12 Conditions of
Approval and the 6 Findings of Fact. Commissioner Allison seconded and the motion carried with 2
Commissioners in attendance. The hearing adjourned.
The Commissioners met with Derek Pohle, PE, Director/County Engineer, Public Works
Department, regarding: Authorization to Call for Bids —Water Pump w/ Trailer; 12,000 lb 2 -Post
Auto Lift; 60,000 lb Tilt Trailer; and Backhoes and Wheel Loader; Farm Unit 64, Lot #3; Pedestrian
Overpass; EDA Grant; and Community Litter Clean-up Program/Sheriff s/Gorge.
The Commissioners signed the Authorization to Call for Bids on:
1. Equipment Contract 2005-05, one (1) Water pump w/ trailer (Central Shop) Bids
are to be opened January 25, 2005 at 1:40 p.m.; and
2. Equipment Contract 2005-06, two (2) 12,000 lb Two -post Auto Lift (Dist 1 &
Dist 3). Bids are to be opened January 25, 2005 at 1:50 p.m.
3. Equipment Contract 2005-07, one (1) 60,000 lb Tilt Trailer (Dist 1). Bids are to
be opened January 25 2005 at 2:00 p.m.; and
Page 2 of 4
L 0.,Jl�lli'1117�71V171i17.iJ I-1\IJLL` L` 1111711w7
Week of January 10, 2005
4. Equipment Contract 2005-08, two (2) Backhoe with extend -a -hoe w/ trailer (Dist
1 & 3) and one (1) 3.5 CY Loader (Dist 2). Bids are to be opened January 25,
2005 at 2:10 p.m.
The Commissioners signed an Easement Agreement between Grant County and Qwest for
the Grant Mental Healthcare building in Moses Lake.
The Commissioners held a public hearing regarding a subdivision of two parcels for Dove
Haven/Doug Carlile totaling 125.898 acres into twenty-six lots in the Rural Residential 2 Zone of
Grant County. Lots 1-25 will be an average of 1.20 acres in size and Lot 26 will be approximately
89.186 acres in size. All lots except proposed lot 10 have been have been proposed for single-family
residential development with individual wells and septic tanks. Lot 10 will be designated as Open
Space. The location of the site address of the most easterly parcel is 5792 Rd. K NE and the most
westerly parcel is west of Crab Creek about %2 mile East of Stratford Rd., and is a portion of the NE
'/A of Section 02, Township 19 N., Range 28 E., W.M., Grant County, WA (parcel# 17-0136-00 &
#19-0336-000). Planning Department staff stated that the Planning Commission's recommendation
is to deny this preliminary plat. Commissioner Allison wanted to put on the record that the Board
received an exhibit from Harold Moberg that he had presented at the last Planning Commission
meeting to review. Commissioner Stevens recognizes that the Planning Commission has denied the
recommendation and that the Planning Department has said the proponent would be in compliance
with the 20 Conditions of Approval and the 7 Findings of Fact. Commissioner Stevens moved to
approve this preliminary plat recognizing the 20 Conditions of Approval and the 7 Findings of Fact;
Commissioner Allison seconded and the motion carried with 2 Commissioners in attendance, The
hearing adjourned.
The Commissioners approved the salary, wage, and/or position changes as recommended
by Angie Clark, Human Resources Director, for Starr Winters, Clerks Office; and Stephanie
Ahrens, Barbara Beck, Kathy Espinoza, Cheryl French, John Hoyer, and Cynthia Cochran, Grant
Mental Healthcare.
The Commissioners approved the separation date of December 30, 2005 for Kristina
Hunt, Directions in Community Living.
As there was no fiirther business to come before the Board the session was continued
until January 12, 2005.
January 12, 2005
The session was continued at 9:00 a.m. with Commissioners Allison and Stevens in
attendance with the Clerk of the Board. Commissioner Moore was not in attendance and
excused.
The Commissioners approved the request from Leslie Gonzales, Sheriff s Office, to
purchase a copier for Records in the amount of $13,576.00.
Page 3 of 4
COMMISSIONERS' PROCEEDINGS
Week of January 10, 2005
As of this date, the Board, by a majority vote, does approve for payment those vouchers
certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement
claims certified by the auditing officer as required by RCW 42.24.090, in the amount of $126,044.93,
as recorded on a listing and made available to the Board.
The Commissioners approved the recommendation of Al Holman, Fair and Facilities
Manager, to award the bid for the Septic Tanks for the Pavilion Restroom/Concession Booth
project to M -i Tanks in the amount of $2,813.58.
The Commissioners signed the Interlocal Agreement between Grant County (the
"County") and the City of Royal City (the "Participant") for shared Geographical Information
System (GIS) services.
As there was no further business to come before the Board the session was continued
until January 17, 2005.
Signed this I day of 2005.
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
,e —Avz f -
LeRoy . AI is air
Q)Ei.J"U—
Debnrah
Moore _
Richard Stevens
Page 4 of 4
ATTENDED DONATI®N CENTER (ADC)
LICENSE AGREEMENT
THIS AGREEMENT, by and between GRANT COUNTY, a political subdivision of the
State of Washington (hereinafter called LICENSOR), and GOODWILL INDUSTRIES OF TIE
INLAND NORTHWEST ("GOODWILL"), a Washington not for profit corporation (hereinafter
called LICENSEE), facilitates the siting of an attended collection donation trailer on
LICENSOR's property,
RECITALS:
WHEREAS, LICENSOR is a third-class county, duly organized and operating under and
by virtue of the Constitution and the laws of the State of Washington; and
WHEREAS, LESSOR is authorized and empowered by chapter 36.34 RCW to manage
Grant County property for the best interests of Grant County and the people thereof; and
WHEREAS, LICENSOR owns real property currently used as an employee parking lot
on which LICENSEE desires to locate an attended collection donation trailer; and
WHEREAS, LICENSEE is a private, not for profit Washington corporation which
utilizes donations from the public, including without limitation, reusable clothing and household
items, to operate a retail business, providing opportunities for education, training and
employment for motivated individuals with disabilities and disadvantages; and
WHEREAS, one of the missions of LICENSEE is to assist people with disabilities and
other disadvantages through training, employment and education, creating opportunities within
their communities, including the City of Moses Lake; and
WHEREAS, LICENSEE operates regional retail stores which sell reusable goods,
including without limitation, clothing and household items, providing the opportunity for very
low-income, low-income and moderate -income household populations to obtain same at
affordable prices; and
WHEREAS, the Board of Grant County Commissioners determined that it is reasonable
to issue a license for a local Goodwill collection center for donations, considering the public and
social benefits to be derived by providing area residents the option to recycle discarded, reusable
personal items, including without limitation, clothing and household items, supporting training
and employment opportunities for motivated individuals with disabilities and other
disadvantages, while eliminating the need to travel out of town to make donations; and
WHEREAS, the parties desire to enter into an agreement defining their rights, duties and
liabilities relating to the license for use of the Premises; and
ADC GOODWILL LICENSE AGREEMENT - Page 1
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WHEREAS, LICENSEE, enters into this contractual agreement (hereinafter "License"
or "Agreement") with LICENSOR, and undertakes the rights, duties and liabilities relating to the
Premises as set forth herein.
WITNESSETH:
For and in consideration on the mutual covenants, agreements, and stipulations contained
herein, the parties agree as follows:
1. GRANT OF LICENSE: DESCRIPTION OF PREMISES. LICENSOR hereby grants
to LICENSEE a license to occupy and use, subject to all of the terms and conditions of
this Agreement, the following described property, for an Attended Donation Center
("ADC"), hereinafter the "Premises":
LICENSOR's employee parking lot located on the corner of I" Northwest and D
Streets (behind the Ephrata United Methodist Church on C Street NW), Ephrata,
Washington.
2. SPACE ALLOTTED.
A. The space allotted to LICENSEE for the conduct of its activities will consist of
approximately 500 square feet, which shall be located in the northeast corner of
LICENSOR's employee parking lot described in Section 1.
B. It is specifically agreed that LICENSOR may change the location of the ADC on
its parking lot if, in LICENSOR's sole judgment, such change is desirable, but in
that event, LICENSOR shall bear the expense incurred.
3. LIMITATION TO DESCRIBED PURPOSE.
A. The above described property may be occupied and used by LICENSEE solely for
the operation of its ADC (free standing trailer) for donations and for incidental
purposes related to such purpose during the period beginning January 1, 2005, and
continuing until this Agreement is terminated as provided in the Agreement.
B. LICENSEE shall not be permitted to utilize the Premises in any manner so as to
interfere with LICENSOR's general use as an employee parking lot.
C. LICENSEE shall maintain the appearance of the ADC and site, not permitting
same to become vacant, nor permitting garbage and/or goods to accumulate
outside of the trailer.
D. LICENSEE supervisory staff shall monitor the ADC site on a regular basis to
ensure ongoing quality assurance.
E. The ADC shall be operated in the name of LICENSEE only.
ADC GOODWILL LICENSE AGREEMENT - Page 2
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4. TERMINATION.
A. Either party may terminate this Agreement at any time, by giving written notice to
the other, specifying the date of termination, such notice to be given not less than
thirty (30) days prior to the date specified in such notice for the date of
termination.
B. Should the above-described property, or any essential part of such property, be
totally destroyed by fire or other casualty, this Agreement shall immediately
terminate; and, in the case of partial destruction, this Agreement may be
terminated by either party by giving written notice to the other, specifying the
date of termination, such notice to be given within thirty (30) days following such
partial destruction and, not less than thirty (30) days prior to the termination date
specified in such notice.
C. Should either party decide to end this Agreement, the party will provide at least
30 days notice. LICENSEE will then notify the public of the change as follows:
1. LICENSEE shall run a newspaper advertisement in the local newspaper;
2. LICENSEE shall post signs until the closure;
3. For a 90 day period after the closure of the ADC, LICENSEE will be
responsible for removing donated goods or any other items left at the
former ADC site.
S. EMPLOYEES.
A. All employees employed by LICENSEE at the ADC are employees of
LICENSEE and, shall be appropriately trained.
B. LICENSEE's employees functioning at the AUC attendant are responsible for:
1. Greeting donors in a friendly, polite manner;
2. Assisting the public with their donated goods;
3. Maintaining a well-groomed personal appearance;
4. Keeping the ADC trailer area neat and organized.
C. LICENSEE shall provide LICENSOR with information for contacting appropriate
supervisory staff.
6. NO PARTNERSHIP. It is understood and agreed that nothing contained in this
Agreement shall be considered in any way constituting a partnership between LICENSOR and
LICENSEE.
7. UTILITIES AND FEES: All applications and connections for necessary utility services
on the Premises shall be made in the name of LICENSEE only, and LICENSEE shall be solely
ADC GOODWILL LICENSE AGREEMENT - Page 3
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liable for utility charges as they become due, including without limitation those for electricity,
telephone and all other utilities and services to the Premises during the full term of the
LICENSE.
8. MAINTENANCE: The Premises have been inspected and are accepted by LICENSEE
in their present condition. LICENSEE shall, at its own expense and at all times use the demised
Premises in accordance with applicable laws, ordinances, rules, regulations and requirements of
governmental authorities. LICENSEE shall keep and maintain the Premises in a sightly
condition, free from debris.
9. SIGNAGE: All signs or symbols placed by LICENSEE on or about the Premises shall
be subject to LICENSOR's prior written approval.
10.PERMITS, LICENSES. LICENSEE shall obtain all necessary permits, licenses, etc.
required to operate the ADC from governmental units with jurisdiction.
II.ALTERATIONS, ADDITIONS AND IMPROVEMENTS. Upon obtaining prior
written consent of LICENSOR, LICENSEE may make alterations, additions and
improvements to the Premises, at LICENSEE's sole cost and expense, as set forth below.
LICENSOR may elect to require LICENSEE to remove any such alternations, additions or
improvements upon termination of this License and at LICENSEE's sole cost and expense.
Alterations shall be performed in a workmanlike manner and shall not weaken or impair the
structural strength, or lessen the value of the Premises, or change the purposes for which the
Premises, or any part thereof, may be used.
LICENSEE shall not make any alteration, additions and/or improvements which interfere with
LICENSOR's parking lot or otherwise unduly restricts the flow of traffic to park.
12. INSURANCE. LICENSEE shall obtain and keep in force during the term of this
License policy of commercial general public liability insurance insuring LICENSOR against all
liability arising out of the use, occupancy, maintenance or operation of the ADC on the Premises.
Such insurance shall be in an amount of not less than One Million and No/100 Dollars
($1,000,000.00) for injury or death of any person in any one accident or occurrence and in the
amount of at least Two Hundred Thousand and No/100 Dollars ($200,000.00) for property
damage. LICENSEE will list LICENSOR as an additional insured with respect to LICENSOR's
interest, and provide proof same to LICENSOR on an annual basis, by January 1" of each
Agreement year and initially within thirty (30) days of the last party offering its signature to this
Agreement
13. UNLAWFUL OR DANGEROUS ACTIVITY. LICENSEE shall neither use
nor occupy the Premises or any part thereof for any unlawful, disreputable, or ultra -hazardous
business purpose nor operate or conduct their business in a manner constituting a nuisance of any
kind. LICENSEE shall immediately, on discovery of any unlawful, disreputable, or ultra -
hazardous use, take action to halt such activity.
ADC GOODWILL LICENSE AGREEMENT - Page 4
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14. INDEMNITY. LICENSEE shall indemnify and hold LICENSOR harmless from
and against all expenses, liabilities, and claims of every kind, including without limitation, loss,
injury or damages to persons or property, including reasonable counsel fees, by or on behalf of
any person or entity, including those of LICENSEE and their employees, agents, and/or inviteees
arising out of either (1) a failure by LICENSEE to perform any of the terms or conditions of this
License, (2) any injury or damage happening on or about the Premises, unless caused by
LICENSOR's negligence (3) failure to comply with any law of any governmental authority, or
(4) any mechanic's lien or security interest filed against the Premises or equipment, materials, or
alterations of building or improvements thereon.
15. DEFAULT OR BREACH. Time is of the essence of each and every provision
of this License.
16. LIABILITY OF LICENSOR: LICENSOR shall not be liable for any injury or
damages to any property or to any person on or about the Premises nor for any injury or damage
to any property of LICENSEE and/or LICENSEE's officers, employees, agents and invitees,
except if caused by LICENSOR's negligence.
17. REPRESENTATIONS BY LICENSOR: At the commencement of the term of
this License, LICENSEE shall accept the subject portion of LICENSOR.'s employee parking lot
in its existing condition and state of repair, and LICENSEE agrees that no representations,
statements, or warranties, express or implied, have been made by or on behalf of LICENSOR in
respect thereto except as contained in the provisions of this License, and LICENSOR shall in no
event be liable for any latent defects.
18, WAIVERS: The failure of LICENSOR to insist on a strict performance of any of
the terms and conditions hereof shall be deemed a waiver of the rights or remedies that
LICENSOR may have regarding that specific instance only, and shall not be deemed a waiver of
any subsequent breach or default in any terms and conditions.
19. ASSIGNMENT, The rights of each party under this Agreement are personal to
that party and shall not be assigned or transferred to any other person, firm, corporation,
organization, or other entity. LICENSEE shall not further, mortgage, pledge, or encumber the
Premises or sublet the Premises in whole or in part, or permit the Premises to be used or
occupied by others, nor shall this License be assigned or transferred by operation of law.
20. ENTIRE AGREEMENT: This License constitutes the entire agreement of the
parties, and supersedes all prior agreements, contracts and understandings, written or oral, This
License cannot be amended or modified except by a written instrument executed by LICENSOR
and LICENSE, except as set forth herein.
21. SURRENDER OF PREMISES: LICENSEE shall upon termination and
forfeiture of the License, peaceably and quietly surrender and deliver the Premises to
LICENSOR. Any trade fixtures or personal property on the Premises and belonging to
LICENSEE, shall be removed at the termination of this License, and if LICENSOR shall so
elect, shall be deemed abandoned and become the property of LESSOR without any payment or
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offset therefore. LICENSOR may remove such fixtures or property from the demised Premises
and store them at the risk and expense of LICENSEE if LICENSOR shall not so elect.
LICENSEE shall repair and restore all damage to the demised Premises caused by the removal of
equipment, trade fixtures, and personal property.
If LICENSOR elects to require LICENSEE to remove alterations, additions or
improvements made by LICENSEE, then LICENSEE shall restore the Premises to its previous
condition within 180 days from the term of the License.
22. NOTICE: Any notice required to be given by either party to the other shall be
deposited in the United States mail, postage prepaid, addressed to LICENSOR at:
Board of County Commissioners' Office
P.O. Box 37
Ephrata WA 98823-0037
or to LICENSEE, at:
Goodwill Industries of the Inland Northwest
130 East Third Avenue
Spokane WA 99202
or at such other address as either party may designate to the other in writing from time to time.
23. APPLICABLE LAW: This License Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
24. INVALIDITY: Any provision of this License which shall prove to be invalid,
void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and
such other provisions shall remain in full force and effect despite such invalidity or illegality.
DATED this d -day of January, 2005.
GRANT COUNTY - LICENSOR
LeRoy Allison, Chair
(�ko,((2\tu moce-L
Deborah Moore, Member
Rictiiard Stevens, Member
ADC GOODWILL LICENSE AGREEMENT - Page 6
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ATTEST
% ar ara J. Vas uez, ler Oe Board
GOODWILL INDUSTRIES OF THE INLAND
NORT WEST - LICENSEE
BoAi Johnson esident/CEO
STATE OF WASHINGTON )
) ss
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that Bobbi Johnson signed this
instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged
it as the President/CEO of GOODWILL INDUSTRIES OF THE INLAND NORTHWEST, a
Washington not for profit corporation, to be the free and voluntary act of such party for the uses
and purposes mentioned in this instrument.
DATED this 911) day of 94
� --/Vz
No Public in • d for the Mate of
Washington, residing at 0.20/ '4119
My commission expires.
ADC GOODWILL LICENSE AGREEMENT - Page 7
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i
GOODWILL INDUSTRIES
of the Inland Northwest
Banners Ferry . Coeur d'Alene • Colville
Lewiston • Moscow • Moses Lake . Pullman
Sandpoint • Spokane • St Manes
January 7, 2005
Deborah Moore, Commissioner
Grant County
Board of County Commissioners
P.O. Box 37
Ephrata, WA 98823
Dear Commissioner Moore:
GOODWILL WORKS
For People
For Business
For Our Community
Bobbi Johnson
President/CEO
The signed and notarized Agreement for the Ephrata Attended Donation
Center is enclosed. Please return an executed copy to me after your
Board has signed it.
We are pleased to have reached a mutually beneficial agreement with
Grant County and look forward to serving the Ephrata area with our
Attended Donation Center.
Sincerely,
obbiJohn
President/ O
enclosure
F `p'//�� rry 1l tl '
JAN 1 O 2005 it Li�� li
� 1 J
S
130 East Third Avenue Spokane, Washington 99202 1509) 838-4246 FAX (5091838-0176 TDD (5091344-0163 www grin org
Goodwill Industries of the Inland Northwest assists people with disabilities and disadvantages through training, employment, and education, creating opportunities within their communities