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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 H:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 H:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 H:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 H:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 ADC GOODWILL LICENSE AGREEMENT - Page 5 I-1:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 H:\Commissioners\OFields\Miscellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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 H:\Commissioners\OFields\Miseellaneous\License For Ephrata Donation Center, Goodwill 122904.doc 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