Regular Public Meeting Agenda 06/20/23

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Regular Public Meeting

June 20 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of June 12-14, 2023

 Consent Agenda of June 20, 2023

 Motion Items

 9:45 a.m. Public Hearings

 Public Comments

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 www.kltv.org

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Hearing

1. Call for Public Hearing to provide any comments on the proposals for Title III Federal Funds scheduled for August 8, 2023, at 9:45 a.m.

Call for Bids

2. Call for Bids for the Camelot Reservoir Roof Replacement Project scheduled for July 11th, 2023, at 11:00 a.m.

Agreements/Contracts/Bid Awards

3. Memorandum of Agreement with the City of Woodland to focus on identifying options for resolving a long-standing series of appeals and litigation related to the Woodland Bottoms area of the County.

4. Completion Letter to Battery Power Solutions LLC for the UPS Battery Replacement, Project No. 2023-0009-01, at the Hall of Justice. Total cost is $30,611.74 including Washington State tax.

Regular Public Meeting

June 20, 2023, 9:00 a.m.

Board Correspondence

5. Letters/Notices

a. Letter dated 6/6/2023 from the State of WA Office of Financial Management to review the preliminary population estimates.

b. Affidavit of Posting Resume for the Month of May 2023.

Vouchers

The following vouchers/warrants are approved for payment:

Motion Items

Tourism and Events Center

6. Bid award to Fire Systems West for the replacement of approximately 400 sprinkler heads and fittings at the Cowlitz County Event Center Indoor Arena. The total amount not to exceed $71,004.09 including tax. This is to complete a project that a WSDA Fair Health and Safety Grant will reimburse.

Noxious Weed Control

7. Modification to the Interagency Agreement with the Washington State Department of Agriculture (WSDA) to provide additional grant funding in the amount of $20,000 to augment the project to control knotweed species infestations located within the riparian corridors of Cowlitz County.

Regular Public Meeting

June 20, 2023, 9:00 a.m.

Commissioners’ Office

8. Resolution to authorize the Chairman as signatory for the Interlocal Agreement for Opioid Abatement Council Independent Subcommittee with Grays Harbor, Pacific County, Wahkiakum County, the City of Longview, and the City of Kelso to determine how the Opioid Funds are to be allocated within allocation regions.

9. Resolution to authorize the Chairman as signatory for the Regional Agreement to designate a regional structure for decision-making related to opioid fund allocation based on the nine Washington State Accountable Community of Health Regions.

Public Hearings

Building & Planning 10. 9:45 a.m. Public Hearing - Land Use Ordinance Supplementary Provisions for Access

Updates

Chairman Updates

Tabled Items:

 Coroner’s Office – Personal Service Agreement with Dr. Emmanuel Lacsina

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings

 ZOOM Invitation Address (for all meeting days):

o https://us06web.zoom.us/j/82019613917

 KLTV Live Feed Address: http://www.kltv.org

AS-12872

BOCC Agenda

Meeting Date: 06/20/2023

Call for Public Hearing and 45-day Comment period

Submitted For: Kathy Funk-Baxter

Department: Office of Financial Management

Submitted By:

Information

Consent 1.

Subject and Summary Statement

Cowlitz County is considering funding certain projects that might qualify for Title III funding under the Secure Rural Schools and Community Self-Determination Act of 2000, as amended and re-authorized in 2008 in Public Law 110-343. The County is considering funding those projects under Title III Federal funds that may qualify to carry out a Firewise Communities Program; to reimburse for emergency services paid for by counties and performed on Federal lands such as search and rescue or firefighting activities; to provide training costs and equipment purchases directly related to emergency services; and to develop community wildfire protection plans.

Cowlitz County is accepting 45-day written comment on these project proposals from June 21 until August 4, 2023.Anyone who wishes to comment or review proposals received is requested to submit comments to the Office of Financial Management by 4:30 pm August 4, 2023.

Will Staff Attend - NAME OF STAFF

Kathy Funk-Baxter

Department Recommendation

The Office of Financial Management recommends a public hearing to be held to provide any comments on the proposals for Title III Federal Funds.  Recommendations for awarding the funds will be made at the public hearing after having heard all public comments.

Fiscal Impact

Expenditure Required $: 18,327

Budget Sufficient Y-N: N

Amendment Required Y-N: y

Source of Funds - What Dept ? :

Grant Y-N: y

Attachments

Form Started By: Kathy Funk-Baxter

NOTICE OF PUBLIC HEARING NOTICE OF 45-DAY COMMENT PERIOD REQUEST FOR: FEDERAL FOREST PAYMENTS: TITLE III PROJECTS

Cowlitz County is considering funding certain projects that might qualify for Title III funding under the Secure Rural Schools and Community Self-Determination Act of 2000, as amended and re-authorized in 2008 in Public Law 110-343. The County is considering funding those projects under Title III Federal funds that may qualify to carry out a Firewise Communities Program; to reimburse for emergency services paid for by counties and performed on Federal lands such as search and rescue or firefighting activities; to provide training costs and equipment purchases directly related to emergency services; and to develop community wildfire protection plans.

There is currently approximately $18,327.00 of Title III monies available. The Board of Commissioners may award some or all of this allocation and may fund one project or several smaller projects.

Information about the Federal Forest Payments Program or the project proposals can be obtained from the Office of Financial Mgt, Room 308, County Admin Bldg, 207 N. 4th Ave., Kelso, WA, telephone: 360577-3065, ext. 6984 or by email funkbaxterk@cowlitzwa.gov

Cowlitz County is accepting 45-day written comment on these project proposals from June 21 until August 4, 2023. Cowlitz County is accepting written comment on these project proposals until 4:30 p.m., Friday, August 4, 2023. Request to review proposals received or to provide written comments should be submitted to:

Cowlitz County Office of Financial Management County Admin Bldg, 207 N. 4th Ave., Room 308 Kelso, WA 98626.

The Board of Commissioners will hold a Public Hearing on Tuesday, August 8, 2023, at 9:45 a.m., in the Commissioners’ Hearing Room, County Admin Bldg, 207 N. 4th Ave, Kelso WA, to consider comments obtained from the 45-day comment period prior to selection of the proposals. Before awarding funds, the Board of Commissioners will consider written comments received on such projects and proposals.

PUBLICATION REQUIREMENT: To be published in one (1) issue: June 21, 2023.

BILLING INFORMATION: AFFIDAVITS & BILLS TO: Cowlitz County

Office of Financial Management

Ridge Moss, Accounting Specialist

207 N. 4th Ave, Room 308

Kelso, WA 98626

Cowlitz County

Board of Commissioners

Kelly Dombrowsky, Clerk

207 N. 4th Ave, Room 305 Kelso, WA 98626

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Setting a Public Hearing to ) Identify Projects that might be eligible for ) Title III Funding (Federal Forest Payments) ) Resolution No. ______________ And to allow Public Comment on such projects ) Including a 45-day comment period )

WHEREAS, Cowlitz County is eligible to receive payments under the provisions of the Secure Rural schools and Community Self-Determination Act, as re-authorized by the United States Congress; and

WHEREAS, Cowlitz County has set aside twelve percent (12%) of its payments award to fund projects identified under Title III of Public Law; and

WHEREAS, the Board of County Commissioners wishes to involve the public in identification of projects that might be eligible for Title III funding, to propose those projects to the Board of Commissioners for funding and to provide opportunity for the public to comment on the proposed projects; and

WHEREAS, that a public hearing will be held on August 8, 2023, at 9:45 a.m. in the Commissioners Hearing Room, at which time any person may appear and offer his or her opinion to the Board of Commissioners; and

WHEREAS, that a 45-day comment period will be conducted from June 21, 2023 – August 4, 2023

Review of the proposals under consideration or to deliver comments can be sent to the Office of Financial Management, Attn: Kathy Funk-Baxter, County Finance Manager, 207 Fourth Avenue North, Room 308, Kelso, WA. All comments will be discussed with the Board of Commissioners prior to awarding the funds; and

NOW, THEREFORE, IT IS HEREBY RESOLVED, that a public hearing will be held on August 8th, 2023 @ 9:45 a.m. in the Commissioners Hearing Room at which time any person may appear and offer their opinion to the Board of Commissioners.

DATED: __________________________

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ____________________________________

Richard Dahl, Chair _____________________________________

Arne Mortensen, Commissioner

Attest:

_____________________________ ______________________________________

Dennis Weber, Commissioner

AS-12873

BOCC Agenda

Meeting Date: 06/20/2023

CALL FOR BIDS: Camelot Reservoir Roof Replacement Project - Project No. 2955

Submitted For: Patrick Harbison, Public Works

Department: Public Works

Submitted By: Carol Sides, Public Works

Information

Subject and Summary Statement

Attached are the necessary documents to issue the Call for Bids for the Camelot Reservoir Roof Replacement Project.   Work performed under this contract will consist of removing the existing damaged wood framed roof on the potable water reservoir and construction of a new bidder designed hollow core plank roof with concrete topping slab and concrete stem walls constructed on top of the existing concrete tank.  The new roof will be sloped to provide drainage.   The exterior of the existing concrete tank walls will be coated, a new site perimeter chain link fence will be constructed and the well house roof will be repaired as appropriate.   The bid opening date is proposed to be July 11th, 2023 at 11:00 a.m.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve the Call for Bids, set the bid opening date and publish the Notice in the usual manner.

Fiscal Impact

Expenditure Required $: 312,600

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Water-Sewer

Grant Y-N:

Call for Bids

Notice to Contractors

Attachments

Form Review

INVITATION TO BID COWLITZ COUNTY DEPARTMENT OF PUBLIC WORKS

CAMELOT RESERVOIR ROOF REPLACEMENT CASTLE ROCK, WASHINGTON

Notice is hereby given that the Cowlitz County, Washington Department of Public Works (Contracting Agency) will receive sealed bids until 11:00 a.m., July 11, 2023, for the following work: Camelot Reservoir Roof Replacement.

Bids must be addressed to:

Board of County Commissioners

Attn: Clerk of the Board

207 Fourth Avenue North Kelso, WA 98626

All bids shall be labeled as CAMELOT RESERVOIR ROOF REPLACEMENT

Work performed under this contract will consist of the following:

Providing all materials and labor to remove and dispose of the existing damaged wood framed potable water reservoir roof and construction of a new bidder designed hollow core plank roof with 3-inch-thick concrete topping slab and concrete stem walls constructed on top of the existing concrete tank walls to provide roof slope. The reservoir must remain in operation at all times during construction. The exterior of the existing approximately 24 foot by 24 foot concrete tank walls shall be filled, primed and coated as specified. A new site perimeter chain link fencing with green HDPE privacy slats, two vehicle access gates and a man gate shall be constructed as specified. The well house roof will be repaired as appropriate. Additionally, a dirt access road will be cleared and grubbed and then aggregate and geotextile will be installed which will be used as the only access for the contractor’s use as well as all other site restoration and other work as specified herein and as shown on the drawings.

Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

All Bids must be submitted on the regular bid form furnished within the specifications, and each must be accompanied by a certified check or bidder’s bond in an amount not less than five percent (5%) of the total bid. The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the work, as prescribed in the bidding documents. Should the successful bidder fail to enter into such contract and furnish satisfactory payment and performance bonds within the time stated in specifications, the bid proposal deposit shall be forfeited.

To perform public work, the successful Bidder and Subcontractors, shall hold or obtain such licenses and registrations as required by Washington State Statutes and Codes, and federal and local Laws and Regulations. All work performed on this project shall be subject to the Washington State Prevailing Wage Rates.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.

An optional pre-bid meeting will be held on site on Wednesday, June 28, 2023, at 10:00 A.M. The pre-bid walk through will take place on site and will begin at the reservoir’s driveway entrance off of Camelot Drive.

Technical questions regarding the plans and contract documents should be directed to Contracting Agency’s consulting engineer, Tom Gower, PE, Gibbs & Olson, Inc., 1157 3rd Avenue, Suite 219, Longview, WA 98632 (Email: tgower@gibbs-olson.com, Phone 360-425-0991, Fax 360-423-3162).

Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Contracting Agency reserves the right to reject any and all Bids and waive any informality in the bids.

Dated this 20th day of June, 2023

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

ATTEST:

Kelly Dombrowsky, Clerk of the Board

Arne Mortenson, Commissioner

Dennis P. Weber, Commissioner

NOTICE TO CONTRACTORS CALL FOR BIDS

COWLITZ COUNTY DEPARTMENT OF PUBLIC WORKS CAMELOT RESERVOIR ROOF REPLACEMENT

Notice is hereby given that the Cowlitz County, Washington Department of Public Works (Contracting Agency) will receive sealed bids until 11:00 a.m., July 11, 2023, for the following work: Camelot Reservoir Roof Replacement

Bids must be addressed to:

Board of County Commissioners

Attn: Clerk of the Board

207 Fourth Avenue North Kelso, WA 98626

All bids shall be labeled as CAMELOT RESERVOIR ROOF REPLACEMENT

Work performed under this contract will consist of the following:

Providing all materials and labor to remove and dispose of the existing damaged wood framed potable water reservoir roof and construction of a new bidder designed hollow core plank roof with 3-inch-thick concrete topping slab and concrete stem walls constructed on top of the existing concrete tank walls to provide roof slope. The reservoir must remain in operation at all times during construction. The exterior of the existing approximately 24 foot by 24 foot concrete tank walls shall be filled, primed and coated as specified. A new site perimeter chain link fencing with green HDPE privacy slats, two vehicle access gates and a man gate shall be constructed as specified. The well house roof will be repaired as appropriate. Additionally, a dirt access road will be cleared and grubbed and then aggregate and geotextile will be installed which will be used as the only access for the contractor’s use as well as all other site restoration and other work as specified herein and as shown on the drawings.

Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

All Bids must be submitted on the regular bid form furnished within the specifications, and each must be accompanied by a certified check or bidder’s bond in an amount not less than five percent (5%) of the total bid. The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the work, as prescribed in the bidding documents. Should the successful bidder fail to enter into such contract and furnish satisfactory payment and performance bonds within the time stated in specifications, the bid proposal deposit shall be forfeited.

To perform public work, the successful Bidder and Subcontractors, shall hold or obtain such licenses and registrations as required by Washington State Statutes and Codes, and federal and local Laws and Regulations. All work performed on this project shall be subject to the Washington State Prevailing Wage Rates.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.

An optional pre-bid meeting will be held on site on Wednesday, June 28, 2023, at 10:00 A.M. The pre-bid walk through will take place on site and will begin at the reservoir’s driveway entrance off of Camelot Drive.

Technical questions regarding the plans and contract documents should be directed to Contracting Agency’s consulting engineer, Tom Gower, PE, Gibbs & Olson, Inc., 1157 3rd Avenue, Suite 219, Longview, WA 98632 (Email: tgower@gibbs-olson.com, Phone 360-425-0991, Fax 360-423-3162).

Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Contracting Agency reserves the right to reject any and all Bids and waive any informality in the bids.

Dated this 20th day of June, 2023

PUBLISHED:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

PUBLICATION REQUIREMENT: To be published in three issues prior to July 11, 2023.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners

Attn: Clerk of the Board

207 4th Avenue N Kelso, WA 98626

2) BILL TO: Cowlitz County Department of Public Works

1600 – 13th Avenue South Kelso, WA 98626

P.O. 000967

AS-12870

BOCC Agenda

Meeting Date: 06/20/2023

Consent C. 3.

Memorandum of Agreement with City of Woodland for Cooperative City-County Woodland Bottoms Joint Planning

Submitted For: Traci Jackson

Department: Office of Financial Management

Submitted By: Traci Jackson

Information

Subject and Summary Statement

The City and the County have initiated discussions which focus on identifying options for resolving a long-standing series of appeals and litigation related to the Woodland Bottoms area of the County by engaging in a cooperative effort to address key local land use planning questions.  The effort focuses on how to protect agricultural lands and agricultural industries and how to plan for growth and economic development so infrastructure and public services are adequate.

Will Staff Attend - NAME OF STAFF

Traci Jackson

Department Recommendation

The Department of Building & Planning request the Board enter into the Memorandum of Agreement with the City of Woodland.

Attachments

MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF WOODLAND AND COWLITZ COUNTY CONCERNING

COOPERATIVE CITY-COUNTY WOODLAND BOTTOMS JOINT PLANNING

This agreement is made by and between the City of Woodland (hereafter “City”) and Cowlitz County (hereafter “County”), political subdivisions of the State of Washington, collectively referred to as the “Parties”.

WHEREAS, The City and the County have initiated discussions which focus on identifying options for resolving a long-standing series of appeals and litigation related to the Woodland Bottoms area of the County by engaging in a cooperative effort to address key local land use planning questions. This effort focuses on how to protect agricultural lands and agricultural industries and how to plan for growth and economic development so infrastructure and public services are adequate.

WHEREAS, The City and the County believe it is in their mutual best interests to enter into this Memorandum of Agreement Regarding Joint Planning for the Woodland Bottoms (hereinafter, “MOA”) pursuant to the framework summarized below to address both near and long-term land use planning for the area known as the Woodland Bottoms.

NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and County agree as follows:

1. AREA SUBJECT TO JOINT PLANNING: The area shown on Attachment A is the area commonly known as the Woodland Bottoms and is the primary subarea that is the subject of this MOA. Though this is the designated subarea, there are areas outside the Woodland Bottoms Joint Planning Area which impact planning (i.e., drainage and transportation) that will need to be accounted for in the planning analysis that is the subject of this MOA

2. FUNDING FOR JOINT PLANNING:

a) The City and County both agree to dedicate staff time to this joint planning effort.

b) Subject to other budgetary commitments and priorities to be determined by each jurisdiction in its sole discretion, the City and County agree to contribute additional funds to the joint planning effort for consultants or technical study needs identified during the joint planning effort.

c) The City and County will evaluate and, if appropriate, will cooperate to seek additional funds or other planning effort investment for the joint planning effort from the Washington Department of Commerce and the additional interested stakeholders identified in paragraph 3 below.

d) This MOA does not modify or create any new authority of the County or City to enter into contracts for services related to the joint planning efforts described in this MOA Contracts, if any, of outside consulting services will be executed by one or both Parties pursuant to their existing contracting authority.

3. KEY STAKEHOLDERS: In addition to general opportunity for public input and public comment during the joint planning effort, the City and County agree to affirmatively solicit input from the following key stakeholders for the joint planning effort that is the subject of this MOA:

a) Port of Woodland

b) Cowlitz Consolidated Diking Improvement District #2

c) Farmers and Agricultural Industry Representatives from the Woodland Bottoms

d) Woodland Public School District

e) Clark-Cowlitz Fire & Rescue (Cowlitz Fire District #1)

f) Public Utility District

g) Various City and County Depts, such as public works, finance, police, sheriff, emergency management, etc.

h) Washington Department of Transportation (“WDOT”)

i) Washington Department of Fish and Wildlife (“WDFW”)

j) Washington Department of Natural Resources (“WDNR”)

k) Cowlitz Indian Tribe

l) BNSF Railroad

m) Cowlitz-Wahkiakum Council of Government

n) Cowlitz County Conservation District

Additional agencies or stakeholders may be consulted during the joint planning process. The County and City will jointly notify each identified stakeholder to solicit input and involvement in the joint planning process that is the subject of this MOA.

4. TIMING/PROCESS:

a) The Parties agree to use best efforts to complete the joint planning effort that is the subject of this MOA for inclusion in the City’s 2026 GMA Update, with corresponding action by County in a similar time frame, even though the County is not a GMA planning jurisdiction The Parties agree to contact all key stakeholders and schedule one or more initial meetings within 30 days of execution of this MOA, and to continue meeting and otherwise proceed diligently thereafter to complete the joint planning work anticipated by this MOA with sufficient time for each jurisdiction to meet this 2026 target date.

b) Working Committee: The Parties agree to appoint a working committee consisting of an equal number of representatives from the City and the County (staff or planning commissioners) plus, potentially, one of more representatives from key stakeholders identified in paragraph 3 above. This working committee will be responsible for providing direction and input into the joint planning efforts conducted by staff and consultants and to develop a draft subarea plan for review by the planning commissions of the City and the County, consistent with existing local code and statutory requirements for review, recommendation and adoption of subarea plans in the respective jurisdictions.

c) Reservation of Rights: The Parties commit to negotiate in good faith and use best efforts to reach consensus on the subarea plan contents. However, each jurisdiction reserves the right of its respective planning commissions and legislative bodies to make final decisions on whether to adopt all or any portion of the joint planning outcomes at the time they are presented for adoption. This MOA creates no separate legal entity and does not transfer any legal powers or responsibilities from one Party to another or to any third party.

5. POTENTIAL ISSUES TO ADDRESS IN JOINT PLANNING EFFORT: The Parties have identified the following issues to be evaluated during the joint planning process. Additional issues may be identified by the Parties and other stakeholders during the joint planning process. This list of identified issues is not intended to be a firm commitment by either Party to reach agreement on planning objectives or outcomes for any of the issues identified but is intended as a commitment by the City and the County to make a good faith effort to address each issue and to reach agreement wherever possible.

a) Preservation of agricultural land of long-term commercial significance and viable agricultural industries

b) AG-Commercial and AG-industrial uses appropriate to support the agricultural lands Evaluate relevant Ag-commercial and Ag-industrial uses and zoning categories.

c) UGA size/location needed to accommodate additional urban growth for the City of Woodland, including evaluation of City population projections and capacity of lands within the City limits and additional lands needed for future annexation to accommodate expected growth.

d) Methods to accommodate development within any future UGA expansion area prior to annexation that establishes appropriate requirements and timing for urban infrastructure and urban service extensions and that avoids interim development that effectively precludes future annexation and development at City urban standards. Evaluate issues such as:

i. Interim use of septic and private wells

ii. Timing of future extension of city water and sewer service

iii. Provision of adequate right of way to accommodate future city street standards

iv. Large lot configuration designed to accommodate future increased density upon annexation

v. Placement of utilities within the right of way

e) City/Public Service Demands before and after Annexation, addressing both rural development and urban development needs, including:

i. Schools,

ii. public safety,

iii. water,

iv. sewer,

v. stormwater & drainage,

vi. flood control

f) Transportation Issues

i. Exit 21 how to fund/implement WSDOT solutions,

ii. Exit 22 and completing an industrial bypass, especially for Port Development access,

iii. Whether intersections that may be impacted by future development warrant modification, when and by whom,

iv. Port transportation improvement needs, including grade-separated rail crossing,

v. Evacuation route

g) Diking District Issues:

i. Evaluation of CCDID #2 infrastructure’s ability to accommodate stormwater and flooding control for both the urban and agricultural areas in the Woodland Bottoms MOA.

ii. Flood mapping updates, Columbia River tidal influence and sea level rise, and dike certification

iii. Evacuation route adequacy

h) Port of Woodland Issues:

i. Transportation infrastructure needs to accommodate Port development plans how to address in plans and how to fund.

ii. Potential grade-separated RR crossing to serve future development at Port of Woodland.

iii. Water and sewer infrastructure plans/solutions for Port and County development

iv. Evaluate zoning/comp plan designations of Port property for consistency with Port’s plans and other relevant land use policies and objectives.

i) State Agency Landholding Issues:

i. WDFW and WDNR land conservation objectives

j) Shoreline Program Consistency

k) Voluntary Stewardship Program

l) Annexation timing and considerations.

6. LEGISLATIVE AND DEVELOPMENT ACTIONS, INCLUDING NOTICE AND CONSULTATION PENDING JOINT PLANNING EFFORT:

a) No County or City-initiated Changes Pending Subarea Planning: The City and County agree that each jurisdiction will not initiate on their own any changes to existing planning policies and development regulations applicable to the Woodland Bottoms subarea that is the subject of this MOA, except as may be necessary to protect an immediate threat to the public health, safety and welfare, until completion of the joint planning effort that is the subject of this MOA, or until termination of this MOA as provided in paragraph 8 below. This commitment is not intended to prohibit or to implement a moratorium against private property owner requests for legislative amendment to individual properties that are addressed in subsection (b) below.

b) Private Requests for Legislative Action: Except in the event of an emergency that requires immediate action, the City and County agree that they will provide the other jurisdiction with a minimum of 30 days’ notice of any legislative action that affects the comprehensive planning or zoning designations for property located within the Woodland Bottoms MOA that may be requested by an individual property owner. The Parties will use best efforts to provide notice before a SEPA determination issues and before either jurisdiction’s planning commission meets to address the proposal to allow the parties a reasonable opportunity to discuss the matter before action is taken. The City and County agree that appropriate representative(s) from each jurisdiction will meet at least once during that notice period to discuss the input of each jurisdiction prior to taking legislative action. Each jurisdiction agrees to negotiate in good faith to address concerns and comments, but each jurisdiction

retains the right to take whatever action it deems necessary to protect the interests of its citizens, subject of course to applicable laws and adopted plans

c) Development Permit Applications: City and County agree to give each other notice of any development permit application impacting land use planning within the Woodland Bottoms MOA This includes any project subject to SEPA, but also exempt projects impacting City land use planning and infrastructure concerns, including land division proposals and use changes from agricultural to commercial or industrial. This does not include routine permits for constructed projects. City and County planning staff agree to coordinate on developing a framework for notice for these development permit applications.

d) Annexation: Nothing in this section is intended to modify the rights or procedures for annexation pursuant to state law, provided however, the City will give the County a minimum 60-day notice if the City is considering annexation of any area within the area shown on Attachment A.

7. RELATIONSHIP TO EXISTING LAWS:

a) This MOA in no way modifies or supersedes existing State laws and statutes. In meeting the commitments encompassed in this MOA, all Parties will comply with the requirements of the Open Public Meeting Act, State Environmental Policy Act, annexation statutes and other applicable State or local law. City codes and development standards shall continue to apply to development of property located within the City limits and County codes and development standards shall continue to apply to development of property located in the unincorporated area of the County during the pendency of this MOA. The ultimate authority for land use and development decisions is retained by the County and the City within their respective jurisdictions. By executing this MOA, the County and City do not purport to abrogate the decision-making responsibility vested in them by law.

8. EFFECTIVE DATE, DURATION AND TERMINATION:

a) This MOA shall be effective upon signature by the Mayor of the City and Chairman of the Board of Commissioners of the County, upon receipt of proper authorization by the City Council and the County Commissioners, respectively.

b) This MOA shall remain in effect until December 31, 2026, or final action by the City and the County on any subarea plan or development regulations that result from this planning effort, whichever is sooner. Either Party may terminate this MOA at any time by giving the other party a minimum of 90 days written notice prior to termination. The Parties may agree, in writing, to extend the duration of this MOA for a period not exceeding one year, if both Parties determine that an additional year is likely to allow the Parties to reach consensus on any outstanding issues and to complete the joint planning process and adoption within that additional period.

9. AMENDMENT: This MOA may only be amended by written agreement of both Parties.

10. NOTICES: All communications, notices and demands of any kind which are required by this MOA shall be in writing and sent via electronic communication or U.S. Mail, first class postage prepaid, to the following addresses or to such other addresses as the Parties may from time to time designate:

If to the City: If to the County:

Community Development Director Building and Planning Department Director City of Woodland Cowlitz County

P.O. Box 9 207 N. 4th Ave., Room 119 Woodland, WA 98674 Kelson, WA 98626

11. GOVERNING LAW AND VENUE: This MOA shall be construed in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this MOA shall be brought in a Superior Court of the State of Washington as provided in RCW 36.01.050.

12. SEVERABILITY: If any provision of this MOA or its application to any person or circumstance is held invalid, the reminder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected, to the maximum extent possible in keeping with the purpose and intent of this MOA.

IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement this ___ day of ____, 2023.

CITY OF WOODLAND

_______________________________

Approved as to form:

____________________________

City Attorney

COWLITZ BD. OF COMMISSIONERS

Approved as to form:

Civil Deputy Prosecuting Attorney

Attest: Attest: ________________________

Clerk of Board

AS-12871

BOCC Agenda

Meeting Date: 06/20/2023

UPS Battery Replacement - HOJ Project No. 2023-0009-01: Contract Closeout

Submitted For: Dylan Wills, Project Coordinator

Submitted By: Dylan Wills, Project Coordinator

Department: Facilities Maintenance

Information

Subject and Summary Statement

Summary Statement:

On March 14, 2023 the Board of County Commissioners for Cowlitz County executed Agreement No. 2023-0009-01 with Battery Power Solutions LLC for the UPS Battery Replacement Project at the Hall of Justice.

The work was executed in accordance with project plans and specifications.  All equipment and materials used to complete the work conform to the criteria outlined by the project specifications.

The total cost of the work specified in the Agreement with Battery Power Solutions LLC amounts $30,611.74 including Washington State tax.

Project Start Date: March 14, 2023

Project Completion Date: March 22, 2023

Will Staff Attend - NAME OF STAFF

Department Recommendation

The Facilities Maintenance Department recommends that the Board of County Commissioners move to accept the Agreement with Battery Power Solutions LLC for the UPS Battery Replacement, Project No. 2023-0009-01, as being completed, and sign the attached Letter of Acceptance.

Fiscal Impact

Expenditure Required $: 30611.74

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : 375100 095100

Grant Y-N: N

Attachments

Completion Letter - BOCC

All Signed 2023-0009-01 UPS Battery Replacement Agreement - Executed

Form Review

Inbox Reviewed By Date

COMMISSIONERS

Arne Mortensen

District 1

Dennis P. Weber

District 2

Richard Dahl

District 3

CLERK OF THE BOARD

Kelly Dombrowsky

Board of Commissioners

County Administration Building 207 Fourth Avenue North Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

June 20, 2023

Tina McGraw Battery Power Solutions LLC

201 Frontage Road N, Suite A Pacific, WA 98047

SUBJECT: Contract Completion for the UPS Battery Replacement - HOJ, Project No. 2023-0009-01 for a cost totaling $30,611.74 including Washington State Sales Tax

Dear Mrs McGraw,

We have received certification from the Cowlitz County Facilities Maintenance Department that Battery Power Solutions LLC has satisfactorily completed the contract for the UPS Battery Replacement at the Hall of Justice, Project No. 2023-0009-01, on March 22, 2023, therefore we accept the contract as being complete.

Very truly yours,

Board of County Commissioners of Cowlitz County, Washington

Dennis P. Weber, Chairman

Arne Mortenson, Commissioner

Rick Dahl, Commissioner

ATTEST:

Kelly Dombrowsky, Clerk of the Board

BOCC:jb

AS-12877

BOCC Agenda

Meeting Date: 06/20/2023

Consent C. a.

Letter dated 6/6/2023 State of WA Office of Financial Management Population Estimates

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 6/6/2023 from the State of WA Office of Financial Management to review the preliminary population estimates.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 06/14/2023

Form Review

Started On: 06/14/2023 08:40 AM

AS-12879

BOCC Agenda

Meeting Date: 06/20/2023

Affidavit of Posting Resume for the Month of May 2023

Submitted For: Pervie Nancy Reed

Department: Commissioners Office

Subject and Summary Statement

Consent C. b.

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Affidavit of Posting Resume for the Month of May 2023

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Affidavit

Form Started By: Kelly Dombrowsky

Final Approval Date: 06/14/2023

Form Review

Started On: 06/14/2023 09:53 AM

AS-12875

BOCC Agenda

Meeting Date: 06/20/2023

Motion Items 6.

Contract Award and Execution: Arena Sprinkler Head Replacement Project #2023-0034-01

Submitted For: Kim Bowcutt

Department: Events Center

Submitted By: Ashley Claussen

Information

Subject and Summary Statement

On May 11, 2023, the Purchasing Department requested bids from companies listed on MRSC Rosters for replacement of approximately 400 sprinkler heads and fittings at the Cowlitz County Event Center Indoor Arena. Bids also included replacement of a 1.5 HP tankless air compressor and an additional amount not to exceed $10,000.00 for unforeseen repairs. On June 1, 2023, two bids were received as outlined on the attached bid tabulation.

Will Staff Attend - NAME OF STAFF

Yes - Kim Bowcutt

Department Recommendation

Staff recommends that the Board move to award and execute the attached agreement for sprinkler head replacement to the lowest responsive bidder, Fire Systems West, at a total amount not to exceed $71,004.09 including tax.

Attachments

Arena Sprinkler Head Replacement

Project #2023-0034-01

Bids Due June 1, 2023

*Bid amounts above include updated City of Longview Tax Rate of 8.2%

AS-12874

BOCC Agenda

Meeting Date: 06/20/2023

WSDA Japanese Knotweed Grant K3541 Mod 1

Submitted For: Jennifer Mendoza

Department: Noxious Weed Control

Submitted By: Beth Tanner

Information

Motion Items 7.

Subject and Summary Statement

Attached is a modification to the Interagency Agreement between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the Washington State Department of Agriculture (WSDA). This amendment provides additional grant funding in the amount of $20,000 to augment the project to control knotweed species infestations located within the riparian corridors of Cowlitz County. The period of performance begins on July 1, 2023, and ends on June 30, 2025.

Will Staff Attend - NAME OF STAFF

Y - Jennifer Mendoza

Department Recommendation

The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners move to enter into the first modification to Washington State Department of Agriculture Contract No. K3541 to control knotweed species infestations located within the riparian corridors of Cowlitz County.

Fiscal Impact

Expenditure Required $: 17375.00

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : 224100

Grant Y-N: Y

Attachments

Knotweed Grant Mod 1  K3541 Original Contract

Form Review

Inbox Reviewed By Date

Jennifer Mendoza

Form Started By: Beth Tanner

Jennifer Mendoza 06/13/2023 05:39 PM

Started On: 06/13/2023 11:14 AM

Contract Number: K3541

AMENDMENT NO. 1

CONTRACT NO. K3541

BETWEEN

WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND COWLITZ COUNTY AND ITS AGENT COWLITZ COUNTY NOXIOUS WEED CONTROL BOARD

Contract number K3541, including any subsequent modifications thereto, between the Washington State Department of Agriculture and Cowlitz County and its agent Cowlitz County Noxious Weed Control Board, is hereby amended under the provisions of the Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto, as follows:

• The end date of the “Period of Performance” is extended from June 30, 2023, to June 30, 2025, unless terminated sooner as provided by the original contract.

• Adds $20,000 to the contract, available July 1, 2023, to June 30, 2025.

• All previously awarded funds ($20,000) do not carry over and must be spent by June 30, 2023.

• Funds added by this Amendment will be used to continue Knotweed control activities as described in the “Plan of Work” during the period, July 1, 2023, to June 30, 2025.

• All “Deliverables” remain same as original contract with annual reports due December 1, 2023, and December 1, 2024.

• Funds available July 1, 2021, to June 30, 2023: $20,000.00

Funds available July 1, 2023, to June 30, 2025:

1. Contracted Services $14,000.00

2. Salaries and benefits $2,500.00

3. Supplies, equipment, and travel $3,375.00

4. Indirect (cannot exceed 5% of salaries and benefits) … $125.00

Total funds available July 1, 2023, to June 30, 2025: $20,000.00

Contract K3541 Total $40,000.00

ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT.

IN WITNESS WHEREOF, the parties have executed this amendment.

WASHINGTON STATE COWLITZ COUNTY DEPARTMENT OF AGRICULTURE

BY: BY:

TITLE: TITLE:

DATE:

After July 1, 2023

DATE:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

Attest: ______________________________

Kelly Dombrowsky, Clerk of the Board

Contract Number: K3541

Director

8/20/2021 | 11:05 AM PDT

AS-12880

BOCC Agenda

Meeting Date: 06/20/2023

Interlocal Agreement OAC Independent Subcommittee

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Motion Items 8.

Subject and Summary Statement

Resolution to authorize the Chairman as signatory for the Interlocal Agreement for Opioid Abatement Council Independent Subcommittee with Grays Harbor County, Pacific County, Wahkiakum County, the City of Longview, and the City of Kelso to determine how the Opioid Funds are to be allocated within allocation regions.

Will Staff Attend - NAME OF STAFF Department Recommendation

Attachments

Agreement

Resolution

Form Started By: Kelly Dombrowsky

Final Approval Date: 06/14/2023

Form Review

Started On: 06/14/2023 10:14 AM

INTERLOCAL AGREEMENT FOR OPIOID ABATEMENT COUNCIL INDEPENDENT SUBCOMMITTEE

This Interlocal Agreement (the “Agreement”) is made and entered into pursuant to Chapter 39.34 RCW, the “Interlocal Cooperation Act,” by and between Cowlitz County, Washington, a political subdivision of the State of Washington; Grays Harbor County, a political subdivision of the State of Washington; Pacific County, a political subdivision of the State of Washington; Wahkiakum County, a political subdivision of the State of Washington; the City of Longview, a municipal corporation organized under the laws of the State of Washington; and the City of Kelso, a municipal corporation organized under the laws of the State of Washington. The above-mentioned local governments will be collectively referred to herein as the “Parties.”

RECITALS

A. The Parties are all “Participating Local Governments” as defined by the “One Washington Memorandum of Understanding Between Washington Municipalities” (“One WA MOU”), attached hereto as Exhibit A and incorporated herein by reference.

B. The One WA MOU is one of the primary governing documents concerning how Participating Local Governments are to receive opioid abatement funding (referred to therein as “Opioid Funds”) resulting from the settlement of opioid litigation. The One WA MOU provides that Opioid Funds are to be allocated within allocation regions, referred to therein as “Allocation Regions”). The Parties are all within the Cascade Pacific Action Alliance Region.

C. The One WA MOU provides that each Allocation Region must have an Opioid Abatement Council (“OAC”), whose composition and responsibilities shall be defined by Regional Agreement or as set forth in Section C.4 of the One WA MOU.

D. The Participating Local Governments in the Cascade Pacific Action Alliance Region established an OAC by executing the “Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments (the “Regional Agreement”), attached herein as Exhibit B and incorporated herein by reference.

E. The Regional Agreement provides that the Cascade Pacific Action Alliance Region’s OAC is comprised of independent subcommittees, with the independent subcommittee of the Parties herein being the “CGPWLK Independent Subcommittee.” Section 8 of the Regional Agreement provides that each independent subcommittee is responsible for the specific functional duties of the OAC.

F. This Agreement constitutes the agreement between the Parties as to how the OAC duties of the CGPWLK Independent Subcommittee are to be performed, consistent with the One WA MOU and Regional Agreement.

AGREEMENT

1. Incorporation of Recitals. The foregoing Recitals A through F are incorporated herein by reference as substantive provisions of this Agreement.

2. CGPWLK Council The Parties agree that the Regional Agreement sets forth specific OAC administrative tasks for each independent subcommittee. The Parties

also agree that Section C(4)(h) of the One WA MOU provides that the OAC “shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region,” and that the “method of selecting members, and the terms for which they will serve” will be determined by the Participating Local Governments. Accordingly, the Parties agree that each Participating Local Government within the CGPWLK Independent Subcommittee will appoint one representative to serve on the “CGPWLK Council ” The term for each member of the CGPWLK Council will be three (3) years, and terms may be successive with no term limits.

3. Administrative Duties. The administrative duties of the CGPWLK Independent Subcommittee will be performed as follows:

a. At least annually, the CGPWLK Council will convene to review and fulfill oversight obligations regarding the distribution of Opioid Funds from Participating Local Governments to programs and services within the territories of the Parties.

b. At least annually, the CGPWLK Council will convene to review the Parties’ expenditure reports for compliance with the Approved Purposes listed in the One WA MOU and any opioid settlement.

c. The Parties will make all their decisions on Opioid Fund allocation applications, distributions, and expenditures publicly available. Cowlitz County will compile or link the Parties’ information on a single webpage.

d. The Parties will all make expenditure data publicly available, at least on an annual basis. Cowlitz County will develop and maintain a centralized public dashboard or other repository for the publication of the Parties’ expenditure data on the Cowlitz County website and update it at least annually.

e. Hearing complaints by the Parties regarding alleged failure to (1) use Opioid Funds for Approved Purposes, or (2) comply with reporting requirements will be handled as follows:

i. Each Party will maintain its own internal complaint process and hear complaints internally, with an opportunity to correct any complaint.

ii. If the Party is unable to resolve the complaint through its own internal complaint process, the CGPWLK Council will convene to hear the complaint, and the Party will have an opportunity to present its position on the complaint through written and oral argument. If the CGPWLK Council concludes that the Party did not comply with the Approved Purposes from the One WA MOU or that the Party otherwise misused its allocation of Opioid Funds, the CGPWLK Council may take

any remedial action consistent with the terms of the One WA MOU.

4. Public Records; Records Maintenance and Audits. Each Party is responsible for its own compliance with the Public Records Act, Chapter 42.56 RCW, in connection with this Agreement. The Parties agree to cooperate with each other to the extent necessary for any Party to comply with the Public Records Act. That said, no Party is required to coordinate its response to a public records request with another Party or forward a public records request to another Party to the extent the Party believes a public records request was misdirected to it.

Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5) years and such records shall be available for review by the Parties to this Agreement, government oversight authorities, and the public.

5. Autonomy of Local Governments. The Parties herein retain full control, autonomy, and discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used for purposes consistent with this Agreement, the Regional Agreement, and the One Washington MOU. This Agreement does not create a joint budget or establish joint acquisition of property by the Parties.

6. Administrative Costs Pursuant to Section C(4)(b) of the One WA MOU, ten percent (10%) of Opioid Funds received by all of the Participating Local Governments will be reserved, on an annual basis, for administrative costs related to the OAC. Under the Regional Agreement, the independent subcommittees of the Cascade Pacific Action Alliance Region OAC are required to provide an annual budget and accounting for actual costs and will be reimbursed for those costs from the independent subcommittee’s proportionate share of Opioid Funds, provided the reasonable administrative costs shall not exceed actual costs or 10%, whichever is less.

The Parties agree to separately and individually create an annual budget and document their administrative costs related to performing their obligations related to the OAC and this Agreement, and to provide the budget and administrative cost documentation to the CGPWLK Council at least annually. The Parties understand and agree they will be reimbursed for those costs from their proportionate share of Opioid Funds.

7. Mutual Indemnity. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property

(including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers.

In the event of any concurrent act or omission of the Parties, each Party shall pay its proportionate share of any damages awarded. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration.

8. Survival of Indemnity Obligations. The Parties agree all indemnity obligations shall survive the completion or expiration of this Agreement.

9. Compliance with Laws. The Parties and their officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies.

10. Relationship of the Parties. The Parties’ relationship exists solely for the limited purposes outlined in the Regional Agreement and the One WA MOU for receiving Opioid Funds. This Agreement, and the Parties’ activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency, or employment relationship between the Parties.

11. No Third-Party Rights. This Agreement is entered into by the Parties solely for their own benefit and it creates or grants no rights of any kind to any other party.

12. Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by all Parties. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.

13. Amendment. This Agreement can only be amended in writing, and only upon execution by all Parties.

14. Entire Agreement The Parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded.

15. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.

16. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision, provided that the underlying intent of the Parties can still be given effect.

17. Signature Authority. Each person signing this Agreement on behalf of a Party warrants that he or she has full authority to sign this Agreement on that Party’s behalf.

18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the other party.

19. Exhibits. The following exhibits are incorporated into this Agreement by reference.

i. Exhibit A – One Washington Memorandum of Understanding Between Washington Municipalities” (“One WA MOU”)

ii. Exhibit B – Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments (the “Regional Agreement”)

Approved this day of ___________

2023

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Approving the Chairman to execute the Interlocal Agreement for the Opioid Abatement Council Independent Subcommittee

RESOLUTION NO.

WHEREAS, an Interlocal Agreement is made and entered into pursuant to Chapter 39.34 RCW, the “Interlocal Cooperation Act,” by and between Cowlitz County, Washington, a political subdivision of the State of Washington; Grays Harbor County, a political subdivision of the State of Washington; Pacific County, a political subdivision of the State of Washington; Wahkiakum County, a political subdivision of the State of Washington; the City of Longview, a municipal corporation organized under the laws of the State of Washington; and the City of Kelso, a municipal corporation organized under the laws of the State of Washington.; and

WHEREAS, participating Local Governments are to receive opioid abatement funding resulting from the settlement of opioid litigation. The Opioid Funds are to be allocated within allocation regions. The Parties will be within the Cascade Pacific Action Alliance Region; and

WHEREAS, to allow for minor or last-minute additions or corrections to the interlocal agreement which content is not material to the overall agreement terms and intent, the Chair will be authorized as signatory;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Cowlitz County, Washington, authorizes the Board Chairman to execute an Interlocal Agreement for the Opioid Abatement Council Independent Subcommittee, the Cascade Pacific Action Alliance Region in substantially the form and content of the proposed Agreement as was presented to the full Board

DATED this 20th day of June 2023

Attest:

AS-12881

BOCC Agenda

Meeting Date: 06/20/2023

Motion Items 9.

Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Resolution to authorize the Chairman as signatory for the Regional Agreement to designate a regional structure for decision-making related to opioid fund allocation based on the nine Washington State Accountable Community of Health Regions.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Resolution

Regional Agreement

Form Started By: Kelly Dombrowsky

Final Approval Date: 06/14/2023

Form Review

Started On: 06/14/2023 10:26 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Approving the Chairman to execute the Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments

RESOLUTION NO.

WHEREAS, an Agreement is made by the Cascade Pacific Action Alliance Region “Participating Local Governments” as defined by the “One Washington Memorandum of Understanding Between Washington Municipalities” (One WA MOU), for the purpose of establishing an Opioid Abatement Council (OAC) required by the One WA MOU; and

WHEREAS, each “Allocation Region” as defined by the One WA MOU must have an OAC whose composition and responsibilities shall be defined by Regional Agreement or as set forth in the One WA MOU;

WHEREAS, the Cascade Pacific Action Alliance Region Participating Local Governments have crafted a Regional Agreement to fit the needs of the Participating Local Governments within the Cascade Pacific Action Alliance Region, including Cowlitz County; and

WHEREAS, to allow for minor or last-minute additions or corrections to the Regional Agreement which content is not material to the overall agreement terms and intent, the Chair will be authorized as signatory;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Cowlitz County, Washington, authorizes the Board Chairman to execute the Regional Agreement for the Cascade Pacific Action Alliance Region in substantially the form and content of the proposed Agreement as was presented to the full Board

DATED this 20th day of June 2023

Attest:

REGIONAL AGREEMENT OF THE CASCADE PACIFIC ACTION ALLIANCE REGION PARTICIPATING LOCAL GOVERNMENTS

This Agreement is made by the Cascade Pacific Action Alliance Region “Participating Local Governments” as defined by the “One Washington Memorandum of Understanding Between Washington Municipalities” (One WA MOU), attached hereto as Exhibit A and fully incorporated herein (collectively “Parties”), for the purpose of establishing an Opioid Abatement Council (OAC) required by the One WA MOU. The Parties to this Agreement mutually agree to the terms contained herein.

RECITALS

A. Section C.1. of the One WA MOU designated a regional structure for decision-making related to opioid fund allocation based on the nine Washington State Accountable Community of Health Regions. These regions may share names with entities that exist in the same regions and any reference to these pre-defined regions is solely for the purpose of drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds. The Allocation Regions are as follows:

1. King County (Single County Region)

2. Pierce County (Single County Region)

3. Olympic Community of Health Region (Clallam, Jefferson, and Kitsap Counties)

4. Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, Lewis, and Wahkiakum Counties)

5. North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom Counties)

6. Southwest Region (Clark, Klickitat, and Skamania Counties)

7. Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Walla Walla, Whitman, and Yakima Counties)

8. Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and Stevens Counties)

9. North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)

Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, and Wahkiakum Counties are Participating Local Governments which reside in the Cascade Pacific Action Alliance Region pursuant to the One WA MOU, as are the following cities within those counties:

i. Lacey, Olympia, and Tumwater (Thurston County)

ii. Longview and Kelso (Cowlitz County)

iii. Aberdeen (Grays Harbor County)

iv. Centralia (Lewis County)

v. Shelton (Mason County)

B. The above-listed municipalities shall be collectively referred to as “Participating Local Governments.”

C. The Participating Local Governments are forming the Cascade Pacific Action Alliance Region OAC to carry out the duties prescribed in the One WA MOU, which shall be comprised of the following independent subcommittees:

i. Cowlitz

a. Counties (1) Cowlitz (2) Grays Harbor (3) Pacific

b. Cities

ii. Lewis

Longview (2) Kelso

a. Counties (1) Lewis

b. Cities (1) Centralia

iii. Mason a. Counties (1) Mason

b. Cities (1) Shelton

iv. Thurston

a. Counties (1) Thurston

b. Cities (1) Olympia (2) Lacey (3) Tumwater

v. Wahkiakum

a. Counties (1) Wahkiakum

D. All of the Participating Local Governments are also participants in the “Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State” dated August 8, 2022 (Allocation Agreement), attached hereto as Exhibit B and fully incorporated herein.

E. The Participating Local Governments anticipate receipt of funds resulting from settlements with opioid pharmaceutical supply chain participants. Funds allocated to all

of the Participating Local Governments pursuant to the One WA MOU and Allocation Agreement shall be collectively referred to herein as “Opioid Funds.” This Agreement will also apply to any and all Opioid Funds received pursuant to “Washington State Allocation Agreement Governing the Allocation of Funds Paid By Certain Settling Opioid Manufacturers and Pharmacies” (Allocation Agreement II) as well as any future settlements as defined in the One WA MOU.

F. The parties seek to designate special subcommittees of the Cascade Pacific Action Alliance Region OAC pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the Allocation Agreement for the purposes of overseeing the use of Opioid Funds allocated to the aforementioned Participating Local Governments enumerated above in Paragraph C consistent with the Approved Purposes set forth in the One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation Agreement.

G. This Agreement is made to carry out the One WA MOU and related settlement documents.

H. This Agreement does not contemplate a joint budget.

I. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property.

AGREEMENT

1. The foregoing Recitals A through I are true and correct and are incorporated herein by reference as substantive provisions of this Agreement as if fully set forth herein.

2. The Participating Local Governments hereby designate a special subcommittee of the Cascade Pacific Action Alliance Region OAC pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the Allocation Agreement to oversee allocation, distribution, expenditures, and dispute resolution of Opioid Funds allocated to the aforementioned Participating Local Governments enumerated above in Paragraph C consistent with the Approved Purposes set forth in the One WA MOU consistent with the Approved Purposes set forth in the One WA MOU and Allocation Agreement and consistent with the purposes set forth in Section 8 of the Allocation Agreement (collectively “Approved Purposes”).

3. The Cascade Pacific Action Alliance Region OAC shall consist of independent subcommittees listed in Recital Paragraph C above, and each independent subcommittee shall have the authority and responsibilities as described herein.

4. It is anticipated that the Participating Local Governments enumerated in Paragraph C will directly receive the Opioid Funds and will maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating

Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of the Participating Local Government’s allocation of Opioid Funds, whichever is less. If the Cascade Pacific Action Alliance Region OAC receives any of the Opioid Funds, it will immediately transfer those funds to the Participating Local Governments consistent with the Allocation Agreement and Allocation Agreement II.

5. If a participating city elects not to retain its settlement allocation, its allocation will be re-allocated to the county within which it is located. Upon receipt of the Opioid Funds, a city that elects to transfer those funds to its county may do so and the county will have full discretion over the use and distribution of those Opioid Funds, provided the funds are used solely for Approved Purposes.

6. Pursuant to section C.4.b of the One WA MOU, ten percent (10%) of Opioid Funds received by all of the Participating Local Governments will be reserved, on an annual basis, for administrative costs related to the Cascade Pacific Action Alliance Region OAC’s responsibilities established by this agreement. The independent subcommittees of the Cascade Pacific Action Alliance Region OAC will provide an annual budget and accounting for actual costs and will be reimbursed for those costs from the independent subcommittee’s proportionate share of Opioid Funds, provided the reasonable administrative costs shall not exceed actual costs or 10%, whichever is less.

7. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5) years and such records shall be available for review by the Parties to this Agreement, government oversight authorities, and the public. Each party shall be responsible for its own compliance with the Washington Public Records Act, chapter 42.56 RCW (as may be amended). This Agreement, once executed, will be a “public record” subject to production to a third party if it is requested under Chapter 42.56 RCW.

8. Each Cascade Pacific Action Alliance Region OAC subcommittee will be responsible for the following actions with respect to Opioid Funds:

a. Monitor distribution of Opioid Funds to programs and services within the Cascade Pacific Action Alliance Region OAC regional service area for Approved Purposes.

b. Developing and maintaining a centralized public dashboard or other repository for the publication of expenditure data for expenditures of Opioid Funds by the Participating Local Governments enumerated in Paragraph C, or delegating that action to another Participating Local Government, which it shall update at least annually. Each Cascade Pacific Action Alliance Region OAC subcommittee shall provide a link to the other subcommittees’ dashboards or other repository.

c. If necessary, require and collect additional outcome-related data to evaluate the use of Opioid Funds, and all Participating Local Governments enumerated in Paragraph C shall comply with such requirements. Prior to establishing these requirements, evaluation and reporting tools will be developed in partnership with Participating Local Governments enumerated in Paragraph C, unless already stipulated by the One WA MOU.

d. Hearing complaints by Participating Local Governments enumerated in Paragraph C regarding alleged failure to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements.

9. Nothing in this MOU shall be interpreted to waive the right of any Party to seek judicial relief for conduct occurring outside the scope of this Agreement that violates any Washington law. In such an action, the alleged offending Party may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Party may seek outside representation to defend itself against such an action.

10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original.

11. No changes or additions to this Agreement shall be valid or binding on any Party unless such changes or additions are in writing and executed by all Parties.

12. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to execute this Agreement.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES

FOLLOW

AS-12866

BOCC Agenda

Meeting Date: 06/20/2023

Cowlitz County Code 18.10.690 Access update

Submitted For: Traci Jackson

Department: Office of Financial Management

Subject and Summary Statement

Timed Items 11.

Submitted By: Traci Jackson

Information

The language for the minimum frontage requirement was amended within the code in 2016 (Ordinance No. 16-039) and again in 2018 (Ordinance No. 18-102).  The stated purpose and intent of the 2016 amendment was to provide more flexibility for private roadways in Urban and Suburban areas of the county and to resolve conflicts within the then existing policies and regulations and the Comprehensive Plan.  Subsequently, the Board of County Commissioners repealed Chapter 11.36 CCC – Private Roads in its entirety in an effort to shift authority over private roads to the Department of Public Works, which also resulted in the 2018 amendment to remove reference to the repealed ordinance.

Will Staff Attend - NAME OF STAFF Wayne Nelsen

Department Recommendation

The Department recommends the Board of Commissioners approve the updated Cowlitz County code 18.10.690 Access to read as follows:

All lots or parcels of land less than five acres in area shall abut upon a publicly developed and maintained road, or on a private roadway that was permitted by the county beginning October 25, 1999, or on a road thereafter regulated or permitted by the county, for a minimum distance of 25 feet; except as otherwise provided by Title 18.

Attachments

Staff Report

Amendment

Inbox

Wayne Nelsen

Form Started By: Traci Jackson

Form Review

Reviewed By Date

Started On: 06/06/2023 02:21 PM

Department of Building & Planning

207 Fourth Avenue North

Kelso, WA 98626

TEL (360) 577-3052

FAX (360) 414-5550

www.co.cowlitz.wa.us/buildplan

To: Board of Commissioners

From: Wayne Nelsen, Planning Manager

Subject: Supplementary Provisions for Access

Date: June 5, 2023

Board of County Commissioners

Arne Mortensen District 1

Dennis P. Weber District 2

Richard R. Dahl District 3

TITLE 18

LAND USE AND DEVELOPMENT

CCC 18.10.690 Access.

Description: CCC 18.10.690 provides a minimum frontage requirement of 25 feet for all newly created lots less than five acres in acres in area.

Background: The language for the minimum frontage requirement was amended within the code in 2016 (Ordinance No. 16-039) and again in 2018 (Ordinance No. 18-102). The stated purpose and intent of the 2016 amendment was to provide more flexibility for private roadways in Urban and Suburban areas of the county and to resolve conflicts within the then existing policies and regulations and the Comprehensive Plan. Subsequently, the Board of County Commissioners repealed Chapter 11.36 CCC – Private Roads in its entirety in an effort to shift authority over private roads to the Department of Public Works, which also resulted in the 2018 amendment to remove reference to the repealed ordinance.

Discussion: Because CCC 18.10.690 is not specific to the underlying zone (i.e. Urban and Suburban) or the Comprehensive Plan Land Use Classification, but to all lots or parcels less than five acres regardless of zoning or land use classification, it inadvertently created inconsistencies in when and how it was applied. Further, each of the existing subdivision ordinances (Chapter 18.32 Urban Subdivision, Chapter 18.34 Short Subdivision, Chapter 18.38 Large Lot Subdivision, and Chapter 18.50 Rural Subdivision) contain respective access and frontage requirements resulting in additional inconsistencies or conflicts within the code (see Table I).

Summary: It is recommended that CCC 18.10.690 is amended to further the stated purpose and intent of Ordinance No. 16-039 and to clarify the language for continued flexibility for private roadways within Urban and Suburban areas, as well as not restrict access where appropriate provisions have otherwise been made. Further, the Department of Building and Planning and the Department of Public Works are currently pursuing a comprehensive update to the private road standards in a cooperative effort, and the proposed amendment will not be in conflict thereof.

Planning Commission Recommendation: After considering the proposed amendment during a workshop session open to the public at the regularly scheduled May 17th, 2023 Planning Commission meeting, the Planning Commission voted unanimously to recommend approval to the Board for the proposed amendment as written.

Proposed Amendment:

18.10.690 Access.

All lots or parcels of land less than five acres in area shall abut upon a publicly developed and maintained road, or on a private roadway that was permitted by the county beginning October 25, 1999, or on a road thereafter regulated or permitted by the county, for a minimum distance of 25 feet; except as otherwise provided by Title 18.

Attachments:

Table I - Land Use Ordinance and Subdivision Access Requirements

Ordinance No. 16-039

Ordinance No. 18-102

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Ordinance No.

AN ORDINANCE OF COWLITZ COUNTY REPEALING, REVISING AND AMENDING SECTION 18.10.690 OF THE COWLITZ COUNTY CODE REGARDING SUPPLEMENTARY PROVISIONS FOR ACCESS

WHEREAS, present policies and regulations provide for inconsistencies in the application of minimum access requirements; and

WHEREAS, these policies and regulations may be in conflict with subdivision regulations found in Cowlitz County Code Chapter 18.32, Chapter 18.34, Chapter 18.38, and Chapter 18.50; and

WHEREAS, the proposed revision will provide for appropriate provisions to be made for access by means of legally sufficient right-of-access inseparable from the lot to be served; and

WHEREAS, the Board of Commissioners has considered the recommendation of the Planning Commission on the amendment, and the Board finds the below-referenced amendments are in the best interests of the public;

NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cowlitz County, State of Washington that:

SECTION 1. Cowlitz County Code (CCC) 18.10.690 of the is hereby amended, revised and repealed in its entirety, as follows:

All lots or parcels of land less than five acres in area shall abut upon a publicly developed and maintained road, or on a private roadway that was permitted by the county beginning October 25, 1999, or on a road thereafter regulated or permitted by the county, for a minimum distance of 25 feet; except as otherwise provided by Title 18.

SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph subsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

SECTION 3. Savings. The repeal, revision and amendment of CCC 18.10.690 and portions of Ord. Nos. 18-102 and 16-039 shall not affect any other section of Ch. 18.10 CCC or related ordinances, or be construed as affecting any existing right or registration acquired under the ordinances or portions of ordinances currently existing, or as repealed or amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder, except as provided at law.

Notwithstanding the foregoing actions, obligations under such ordinances or as to such registrations issued thereunder and in effect on the effective date of this ordinance shall continue

CCC

in full force and effect, and no liability thereunder, civil or criminal, shall be in any way modified, except as provided at law.

SECTION 4. Only code adoptions and amendments in Section 1, above, shall be codified.

SECTION 5. These regulations are in the public interest and shall take effect immediately.

APPROVED THIS day of June, 2023, after a public hearing was held on said date, pursuant to Notice published on the day of June, 2023, in The Daily News.

ATTEST: BOARD OF COMMISSIONERS COWLITZ COUNTY, WASHINGTON

Kelly Dombrowsky, Clerk of Board

Richard R Dahl, Chairman

APPROVED AS TO FORM, ONLY: RYAN JURVAKAINEN, Prosecuting Atty

Dennis P. Weber, Commissioner

Douglas E. Jensen, Chief Civil Deputy

Arne Mortensen, Commissioner