HomeMy WebLinkAboutMinutes - BOCC (002)MINUTES
GRANT COUNTY BOARD OF COMMISSIONERS
MONDAY. JLINE 2�, 2o12a
The Grant County Commissioners session began at 8:3o a.m. with all Commissioners in attendance.
8:3o a.m. — 9:0o a.m.
9:0o a.m. — 9:5o a.m.
10:0o a.m. — io:2o a.m
ElecCed Official Roundtable Meeting
J Hemberry, Mayor of Quincy Sales T� Discussion Meeting
J Stricl�ler, ASC Update and MISC BOCC Action
A motion was made by Commissioner Carter, seconded by Commissioner Stevens, to approve items i
through 4, and 6 through io, on the ASC Agenda as presented below. Item 5 did not arrive for signature.
The motion passed unanimously.
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Possible vouchers for Interfund Communications, insurance, and/or
grant administration. (Approved)
Grant County Request for Reimbursement No. 1i on CDBG Public
Services Grant No.11-64100-002 with the Department of Commerce
and administered through the OIC of Washington in the amount of
$12,645•98•
Settlement Agreement and Release between Grant County, Grant
Integrated Services, New Hope Domestic Violence and Sexual
Assault Services, Union Gospel Mission Association of Spoleane,
Shirley Palanule and Marvin Palanulc, and Anne Runkel relating to
GCSC Cause No. 10-4-0oo79-i. (Approved)
Contract between Grant County, by and through Grant Integrated
Services/New Hope, with the Department of Commerce/Office of
Crime Victim's Advocacy to provide funding in support of a domestic
violence legal advocacy program that ensures victim's interests are
represented and their rights upheld within the criminal and civil
justice systems. Contract term is for July 1, 2oi2 through June 30,
2oig in the amount of $24,425• �Approved)
Anticipating: Professional Services Agreement for Legal
Representation of Indigent Individuals in Grant County Superior
Court (Adult Felony Only), Hourly/Part Time Contractor, between
Grant County and Stephen R. Hormel. Term is through case
assignment completion on specified Class A felony matters. (Did
not arrive for signature)
Subrecipient Agreement for CDBG Public Services between Grant
County and the Opportunities Industrialization Center (OIC) of
Washington on Washington State Department of Commerce
Contract No. i2-65400-002 with Grant County to fund public
services. (Approved)
Worlcing Agreement by and between Grant County and Grant County
Public Employees' Association, Juvenile, January 1, 2012 to
December 3i, 2014. (Approved)
Department of Social and Health Services, Department of Vocational
Rehabilitation Job Service Contract No. i263-55731 with Grant
County — Grant Integrated Services. (Approved)
COMMISSIONERS' JUNE 25, 2oi2 MINUTES
Page 2 of 7
io:go a.m. — io:45 a.m
11:0o a.m. — �i:5o a.m.
1:0o p.m. — i:2o p.m.
1:3o p.m. — i:5o p.m.
2:0o p.m. — 2:go p.m.
2:go p.m. — 3:0o p.m.
g:3o p.m. — 4:go p.m.
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Professional Services Agreement, Conflict and Overflow
Investigator, between Grant County and Marc Doney, dba Citadel
Investigations, for the provision of investigative services to assist
Grant County Public Defenders as they conduct indigent defense
services. Term is July 1, 2oi2 through December gi, 2012.
(Approved)
Written request from Deborah Moore (former County
Commissioner) for defense and indemnification in the matter of
United States District Court Case #CV-12-i88-EFS, Jones u. State of
Washington, et. al. (Approved)
Citizen Public Comment Period (1lTo publie in attendance)
Budget and Finance Meeting
B Smith, District Court Update
D McIvor, Upper Columbia Salmon Recovery Board Update
T Hechler, Human Resources Update
Department Head Review
Open Record Public Hearing, Negrete Administrative Appeal of Notice to
Correct GCC Violation
The Commissioners held an Open Record Public Hearing to consider and Administrative Appeal
from Andres Negrete regarding a"notice to correct" issued by the Grant County Department of
Community Development. The parcels (i5oo4400o and i,0054002) are located at the corner of 4�
Street E and Broadway Ave Extended, south of Mattawa, WA, within S 2, T i4 N, R 23 E, Grant County.
Jeremy Chambers is present as the certified court interpreter and the Board of County
Commissioners is represented by Attorney Chris Ries.
Charles Zimmerman, Attorney for Mr. Negrete, stated his client is operating his retail sales and
services business at 4tn Street and Broadway in the UGA near Mattawa. The County zoning code
applies. In 2011 the property was rezoned to Urban Commercial2 (UC2). Mr. Negxete went to
the Planning Department and aslced how he ean get his "flea marlcet" up and running. Planning
advised that he had to apply for a CUP. After submitting his application, he was informed that his
application was incomplete. Mr. Negrete then went to Mr. Zimmerman's office for assistance.
They determined a CUP is not needed in the UC2 Zone of Grant County and Mr. Negrete
proceeded to run his business without a CUP. The "notice to correct" was then received by Mr.
Negrete. Today, they are appealing this notice to correct.
Mr. Zimmerman passed out GCC 25.02.o2oA Zoning Code. Discussion ensued.
Commissioner Stevens aslced questions of the Appellants Attorney.
Commissioner Stevens swore Mr. Negrete into the record. Mr. Zimbelman confirmed with Mr.
Negrete that his declaration is true and accurate to �he best of his lcnowledge. Mr. Negrete stated
yes.
Lee Pence, attorney for Community Development, asked questions of Mr. Negrete and his
relationship with Todd Lollcus and if he hired Mr. Lollcus as his representative. Mr. Negrete said
yes.
COMMISSIONERS' JUNE 25, 2oi2 MINUTES
Page g of �
Lee Pence then went through his response to the appellant's appeal of the opposition. He
discussed UDC 23.04 and states the Administrative Official determined that a"flea market" is
most similar to other uses listed to wit "outdoor events temporary". He states that outdoor events
temporary within the UC2 zone is subject to either Discretionary Use Revuew or CUP depending
on the duration or intensity as specified in UDC 2g.o8.400. The Administrative Official has the
ability to determine a similar use if the use is not listed within the UDC. They believe "temporary
outdoor event" is the best description.
Mr. Pence discusses the CUP application Mr. Negrete applied for. That this process was never
completed because it was not complete. Mr. Negrete was informed that the application would not
move forward until his application became complete. Mr. Negrete responded to this by stating he
needs additional time to continue worleing on the comments in response to his application. Mr.
Pence states that Mr. Negrete's appeal is "time barred". Mr. Negrete is appealing the "notice to
correct". Mr. Pence states there is no real way to appeal a"notice to correct". Mr. Pence stated the
appeal should be dismissed. Discussion ensued.
In conclusion, he is asking that this appeal be dismissed because they believe that if Mr. Negrete
is appealing a final decision regarding a CUP then that final decision occurred in August of 2oii.
OR if he's not and there is no real mechanism to appeal a notice to correct, then a final decision
has not been made on the CUP yet. Then the appeal is not correct. If the BOCC assumes
jurisdiction and doesn't dismiss due to lack of jurisdiction, it should find that Mr. Negrete is in
violation of the applicable UDC provisions and hold the notice to correct.
Commissioner Carter asleed questions of Mr. Pence. Mr. Pence passed out case history on a
similar case Prelceges, et al v King County.
Mr. Zimmerman came bacic to the record to discuss Mr. Pence's statement that the appeal was
filed untimely. They do not see in the Grant County Code where it states a CUP is required. He
passed out a copy of RCW 82.32.o3g and GCC 25.01.030 (c) for the BOCC review.
Mr. Pence stated there is no "flea market" in table 3 and this put the County in the "similar use"
analogy as determined by the Administrative Official. The AO determines the intensity of the use
of the property.
Mr. Zimmerman rebutted Mr. Pence argument stating the use is not defined in the table for retail
use and service.
Tiffany Genakowski of Kennewicic represents the owners of the apartments adjacent to the flea
market and is opposed to the flea marlcet because of waste management and parleing issues.
Mr. Zimmerman recommended that any issues neighboring property owners have should bring
their issues to Mr. Negrete.
Commissioner Carter moved to close the public comment portion of the hearing. Commissioner
Stevens seconded and the motion passed with 2 Commissioners in attendance. Commissioner
Carter moved to continue the hearing until July 9, 2012 at g:oo p.m. in which a decision will be
made. Commissioner Stevens seconded and the motion passed with 2 Commissioners in
attendance. The hearing adjourned.
COMMISSIONERS' JUNE 25, 201� MiNUTES
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TUESI)AY, JUNE 26, 2oi2:
The session was continued at 10:0o a.m. with all the Commissioners in attendance.
7:go a.m. — 9:0o a.m.
io:oo a.m. — io:2o a.m.
C Swartz at Moses Lalce Chamber Annual Breakfast Meeting (Michael's
on the Lake)
Open Record Public Hearing, UDC Amendment of Ch. 2,.16 titled "Code
Enforcement"
The Commissioners held an Open Record Public Hearing fio consider the repeal and replacement
of Grant County Code 25.i6 "Enforcement and Penalties". Damien Hooper, Planning Manager,
discussed the new chapter being proposed.
The process begins with a voluntary notice to correct. If there is no action taken by the property
owner then a citation can be given. If the property owner wishes to appeal this, they can talce the
citation to the Hearings Examiner. If they do not like the decision by the Hearings Examiner,
they can appeal to Superior Court.
Any violation that is not handled as a citation, it is handled as a notice of violation. These have
steeper penalties. This follows the same process: a notice of violation is issued if there is no
voluntary compliance, then the Hearings Examiner, then Superior Court. This new process
involves the Hearings Examiner, which before involved District Court. Discussion ensued.
Commissioner Swartz moved to close the public comment portion of the hearing.
Commissioner Carter seconded and the motion passed unanimously. Commissioner Swartz
moved to approve the recommendation of the Planning Department and repeal and replace Grant
County Code Ch. 25.i6 as presented. Commissioner Stevens seconded and the motion passed
unanimously. The hearing adjourned.
1o:go a.m. — 10:5o a.m.
ii:oo a.m. —11:5o a.m.
r:3o p.m. — 2:2o p.m
2:go p.m. — 2:5o p.m.
g:oo p.m. — g:15 p.m.
W Swanson, Juvenile Court and Youth Services Update (Cancelled)
J Christian-Stoker, GrIS Survey Review
D Pohle, Public Worlcs Update
1.
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Execution of Contracts for D-SW/13-SW and 9-SW, CRP i2-o4 and
CRP 12-03 awarded to Hurst Construction LLC of Wenatchee, WA
for the bid arnount of $26�,892.00, (Not ready for signature)
Resolution 1Vo. i2-o4i-CC for Notice of Hearing in the Matter of
Adopting a Comprehensive Six Year Transportation Improvement
Program for the Years 2o1g-2o18. (The public hearing was set
for July 24, zoia at 2:0o p.m.)
Execution of Local Agency Agreement between Grant County and the
Washington State Department of Transportation for the Dodson
Road Overlay project. (Approved)
D Lee, Prosecuting Attorney's Office Update
Consent Agenda (Items i through 8)
A motion was made by Commissioner Carter, seconded by Commissioner Swartz, to approve items 1
through 8 on the Consent Agenda as presented below. The motion passed unanimously.
COMMISSIONERS' JUNE 25, 2012 MINUTES
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COMMISSIONERS OFFICE
�. Commissioners Office and Public Defense Vouchers. (Approved)
2. Commissioners May 2� and 28, 2012 Minutes for approval.
(Approved)
3. Budget extension request from the Administrative Services
Coordinator in the amount of $131,042.0o for the CDBG Public
Services Grant (12-65400-002) awarded Grant County from the
Washington State Department of Commerce. Term of the contract is
July 1, 2oi2 through June 30, 2oi3. (Approved, the public
hearing wa� set for July 2q,, 2012 at io:go a.m.)
4. Resolution No. 12-o42-CC granting a 6 month extension to the
Northland Cable Television Franchise. (Approved)
HUMAN RESOURCES
5. Personnel Action Request Recommendation regarding a request
from Civil Service Commission to increase the hourly compensation
of the Civil Service Secretary/Chief Examiner from $12.75/hr to
$i5.00/hr and to change the status from Part-Time temporary to
Part-Time. The Director recommends approval of the compensation
increase but does not recommend changing the status at this time.
(Approved)
6, Personnel Action Request Recommendation to initiate the County
sick leave donation policy for a Public Works employee, Recipient 12-
03, who suffers from an illness which is extraordinary in nature. The
Director recommends approval. (Approved)
GRAllTT INTEGRATED SERVICE
�. Request to purchase 2 replacement computer workstations from
CDW-G in the amount of $2,3i9.85. These will be purchased off of
the Washington State Contract. (Approved)
SHERIFF'S OFFICE
8. Out of State Travel request for Deputy Jon Melvin to attend National
Public Safety Telecommunications Council Video Quality in Public
Safety Workshop in Denver, CO from Ju�y 26 -2�, 2or2.
(Approved)
3�3o p.m. — 4:0o p.m. Department Head Review
MISCELLANEOUS ITEMS
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 amounts of $1,i56�392•36 and $632,654.01, as
recorded on a listing and made available to the Board.
The Commissioners approved and signed the Grant County Payroll Authorization forrn for the June 25,
2oi2 payroll.
COMMISSIONERS' JUNE 25, 2012 MIIVUTES
Page 6 of 7
WEDNESDAY, JiTNE 2�, 2oi2:
9�3o a.m. — 9:5o a.m. S Kozer, Public Defense Update
10:0o a.m. — io:2o a.m. G Balcer, Technology Services Update
io:go a.m. — io:5o a.m. T Jones, SherifPs Office Update
ii:oo a.m. —1r:2o a.m. KAllen, Clerlc's Office Update
x1:3o a.m. — 1i:5o a.m
1:0o p.m. — 5:0o p.m.
7:0o p.m. — 8:go p.m.
R Stevens, Finance Committee Update
CIVIL SERVICE COMMISSION MEETING
PLANNING COMMISSION MEETING
MISCELLANEOUS ITEMS
The Commissioners approved and signed the Grant Public Works County Payroll Salary Fund for June 29,
2012.
THURSDAY, JUNE 28, 2oi2:
8:0o a.m. — 9:3o a.m. ASSESSOR'S OFFICE STAFF MEETING
9�3o a.m. — 12:0o p.m. BOARD OF EQUALIZATION HEARINGS
io:oo a.m. — i2:oo p.m. R Stevens at Columbia River Commissioners Meeting (Best Weste�n
Lakefront Inn, Moses Lake)
11:3o a.m. — i:oo p.m. C Swartz at GC EDC Association of Washington Business Legislative
Review (ATEC, BBCC)
2:go p.m. — 4:0o p.m. Washington State Association of Counties (WSAC) Courthouse Visit
3:0o p.m. — 4:3o p.m. C Carter at Solid Waste Advisory Committee (SWAC) Meeting
4:0o p.m. — 5:0o p.m. VETERANS ADVISORY BOARD ME�TING
6:0o p.m. — 8:0o p.m. C Carter at GWMAAdministrative Board Meeting (Othello City Hall)
MISCELLAliTEOUS ITEM�
The Chair of the Board was authorized to sign the Health District Voucher listing in the amount of
$38�843�37•
COMMISSIONERS' JUNE 25, 2oi2 MINUTES
Page 7 of 7
FRIDAY. JUNE 2Q, 2012
9:0o a.m. — 3:0o p.m. BOARD OF EQUALIZATION HEARINGS
Signed this __��� ` day of , 2012.
BOARD OF COUNTY COMMISSIONERS