
Steve Rader, Commissioner District 1
Steven L. Ferrell, Commissioner District 2
Richard R. Dahl, Commissioner District 3
Kelly Grayson, Clerk of the Board
Steve Rader, Commissioner District 1
Steven L. Ferrell, Commissioner District 2
Richard R. Dahl, Commissioner District 3
Kelly Grayson, Clerk of the Board
August 1 9 , 202 5 , 9:00 a.m.
Board Meeting Convenes at 9:00 a.m.
Invocation by Invitation
Pledge of Allegiance
Minutes of August 11-13, 2025
Consent Agenda of August 19, 2025
Motion Items
Public Hearings
Public Comments
Citizen Participation may be anonymous. See RCW 42.30.040
Agreements/Contracts/Bid Awards
1. Interlocal agreement with Rotary Foundation of Woodland for completion of Phase I Scott Hill Park & Sports Complex. The total grant amount is $550,000 from the Rural Public Facilities fund (14281)
2. Interagency Agreement with the Washington State Administrative Office of the Court for reimbursement of costs affected by the Blake Decision. The total reimbursement will not exceed $62,044.00 through June 30, 2026. (14290)
3. Novation Agreement with Exeltech Consulting, Inc. and Exeltech, a Bowman Company to transfer rights and responsibilities regarding the Rose Valley Road Culvert Replacement Project. (14297)
4. Agreement with Columbia Land Trust to provide funding to support noxious weed control on and around conservation easements along Abernathy Creek. (14301)
Resolutions
5. Resolution Adopting Alternative Dates for the 2026-2027 Biennial Cowlitz County Budgets. (14311)
Regular Public Meeting
August 19, 2025, 9:00 a.m.
Board Correspondence
6. Letters
a. Letter dated 8/19/2025 to Wayne Nelsen appointing him to the Building & Planning Advisory Council. This is a 4-year term that expires 7/31/2029.
5. Executed Agreements/Contracts/Letters
a. Signed and Recorded Warranty Deed from James and Jessica Edmonds for the Tower Road Rock Creek Culvert Replacement project. (14294)
b. Signed and Recorded Warranty Deed from Michael and Annette Belfield for the Tower Road Rock Creek Culvert Replacement project. (14295)
c. Signed and Recorded Temporary Easement from Michael and Annette Belfield for the Tower Road Rock Creek Culvert Replacement project. (14296)
d. Letter dated 08/12/2025 to the Washington Forest Practices Board regarding in opposition of the Proposed Expansion of Riparian Buffers for Type Np Streams. (14302)
e. Completed and Signed Washington State Association of Counties (WSAC) Board of Natural Resources Election Ballot. (14309)
f. Signed letter dated 8/12/2025 to Dave Anderson, Managing Director, WA Dept of Commerce regarding the 2025 Growth Management Act Periodic Update Grant. (14308)
Vouchers
The following vouchers/warrants are approved for payment.
Regular Public Meeting
August 19, 2025, 9:00 a.m.
Motion Items
Finance Department
6. Interlocal Grant Agreement with Cowlitz-Wahkiakum Council of Governments to provide a Beneficial Study for dredge material and Mt. Saint Helen's sand. The total amount is $121,000. (14261)
Sheriff Department
7. 9:30 a.m. – Amend Chapter 6.12 for Animal Control (14305)
Chairman Updates
Upcoming Events:
Wednesday, August 20th @ 2:30 p.m. – Sheriff Equipment Replacement Fund
Wednesday, August 20th @ 3:00 p.m. – Health & Human Services Fee Schedule & Contracts
Tuesday, August 26th @ 10:00 a.m. – Board of Health
Tuesday, September 9th @ 10:00 a.m. – Southwest Washington Workforce
Cancelations:
Monday, September 1, 2025 – Office Closed
Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040
RCW 42.30.040 - Conditions of 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
BOCC Agenda
Meeting Date: 08/19/2025
Interlocal agreements to award Rural Public Facilites funds to Rotary Foundation of Woodland
Submitted For: Kathy Funk-Baxter
Department: Office of Financial Management
Subject and Summary Statement
Submitted By: Kathy Funk-Baxter
Interlocal agreement with Rotary Foundation of Woodland for completion of Phase I Scott Hill Park & Sports Complex. The award consists of $550,000 for the project from the Rural Public Facilities fund.
Kathy Funk-Baxter, Finance Director
Department Recommendation
Staff recommends approval of the interlocal agreement with Rotary Foundation of Woodland. The application was previously approved for award by the Commissioners.
Agreement
Form Started By: Kathy Funk-Baxter
Started On: 08/04/2025 09:58 AM
BOCC Agenda
Meeting Date: 08/19/2025
Washington State Office of the Courts Blake Reimbursement Agreement
Submitted For: Staci Myklebust, Superior Court Clerk
Submitted By: Staci Myklebust, Superior Court Clerk
Department: Clerk
Subject and Summary Statement
Information
Approve interagency agreement for reimbursement of Blake eligible expenses.
Will Staff Attend - NAME OF STAFF
No staff will attend
Department Recommendation
Approve
AOC Contract
Form Started By: Staci Myklebust
Attachments
Form Review
Started On: 08/05/2025 02:13 PM
COUNTY
1.
Cowlitz County
This Interagency Agreement is made and entered into by and between the State of Washington acting by and through the Washington State Administrative Office of the Courts, hereinafter referred to as “AOC or Procuring Agency,” and Mercer Island Municipal Court , referred to as “Court or Agency” The AOC and the Agency may be referred to individually as a “Party” and collectively as the “Parties”.
2. PURPOSE
The purpose of this Agreement is to reimburse extraordinary costs of resentencing and vacating sentences as required by State v. Blake (“Blake”) to Court
THEREFORE, IT IS MUTUALLY AGREED THAT:
3. STATEMENT OF WORK
The Court shall: Submit A-19s to AOC for reimbursement of extraordinary judicial, prosecutorial, clerk, court administration and/or defense-related costs of resentencing and vacating the sentences of individuals who convictions or sentences are affected by the Blake decision. For Municipalities and Counties, this will include language Engrossed Substitute Senate Bill 5167, Section 114 (5 to 7) passed by the 2025 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia.
Upon Court submission of A19, AOC Program Manager will review information contained within to ensure itemized invoice reflects costs as per language stated in sections 3 and 7 of this agreement.
Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2025, and end on June 30., 2026, unless terminated sooner or extended, as provided herein.
$62,044.00
AOC will reimburse the Court a total compensation not to exceed $100,000.00 for payments made during the period from July 1, 2025, through June 30. 2026, related to the purpose of this agreement.
Procuring Agency may extend the term of this Contract or increase funds by mutual written amendment. Such amendment shall be on the same terms and conditions as set forth in this Contract.
The Agency will submit properly prepared itemized invoices via email on an A19 form to AOC Program Manager. Invoices shall be submitted once per month. Incorrect or incomplete A19s shall be returned by AOC to the Agency for correction or reissuance. All A19s shall provide and itemize, at a minimum, the following:
• Agreement Number:
AOC2520
• Agency name, address and phone number
• Description of Reimbursement:
o Payment documents from Jurisdiction indicating the amounts expended, the recipients, and the date of expenditure;
o A list of any case numbers associated with the services provided;
o A breakdown of expenses by judicial, clerk/court administration, prosecutorial, and defense-related costs;
o Any employee positions supported by Blake related funds, broken down by judicial, clerk/court administration, prosecutorial, and defense-related positions, including name of employee, title, hourly wage of the individual, time spent on Blake-related cases and a list of corresponding cause numbers;
o The unique three-digit court code for the Jurisdiction the work was completed on behalf of must be provided on the A-19. If a Jurisdiction contracts with another jurisdiction to provide court services, then the unique court code for the jurisdiction for which the work was completed must be provided; and,
o Data, including case numbers and aggregate data on the number and type of cases:
Vacated under Blake;
Resentenced under Blake; and
Being worked on under Blake.
• Date(s) Services were provided
• Receipt(s) if applicable
• Total Reimbursement
Payment will be considered timely if made by the AOC within thirty (30) calendar dates of receipt of a properly prepared A19. No A19 shall be submitted until after a deliverable has been accepted by the AOC Program Manager.
The AOC will not make any advanced payments or payments in anticipation of services or supplies under this Contract.
a. AOC, in its sole discretion, may initiate revenue sharing. AOC will notify the Court via unilateral amendment to the agreement no later than May 1, 2026 that AOC intends to reallocate funding among courts in the program. If AOC determines the Court may not spend all funds available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more funds than available under the Agreement and for its scope, then AOC may increase the Agreement amount.
b. If the AOC initiates revenue sharing, then the Court must submit the final revenue sharing A-19 to payables@courts.wa.gov between July 12, 2026 and August 1, 2026.
The Program Manager and Agency Program Manager noted below shall be responsible for and shall be the contact people for all communications and billings regarding the performance of this Contract. The parties may change administrators by written notice.
AOC Program Manager Agency Program Manager
Sharon Fogo PO Box 41170 Olympia, WA 98504-1170
Sharon.Fogo@courts.wa.gov (360) 819-7305
312 sw 1st ave, rm 233 Kelso, WA 98626
Staci Myklebust (360) 577-3016 myklebusts@cowlitzwa.gov
a. Records Retention. The Agency shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly
reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract. The agency will retain all books, records, documents, and other material relevant to this contract as required, a minimum of ten (10) years after end of period of performance (including all amendments to extend) or termination of the agreement or as otherwise specified and make them available for inspection by persons authorized under this provision. If any litigation, claim, or audit is commenced prior to the expiration of the required retention period, such period shall extend until all such litigation, claims, or audits have been resolved
b. Public Records. It is the policy of the Administrative Office of the Courts to facilitate access to its administrative public records. This Agreement and related records are subject to disclosure under General Court Rule 31.1 For additional information, please contact the AOC Public Records Officer.
a. Amendment or Modification. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. In revenue sharing procedures AOC will issue a unilateral amendment.
b. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld.
c. Authority. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
d. Captions & Headings. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof.
e. Conformance. If any provision of this Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law.
f. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which m ay be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement.
g. Electronic Signatures. An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes.
h. Entire Agreement This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein.
i. Governing Law. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles that would provide for the application of the laws of another jurisdiction.
j. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.
k. Jurisdiction & Venue. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.
l. Right of Inspection. The Agency shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the State of Washington at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement.
m. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable.
n. Termination for Non-Availability of Funds AOC’s ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, AOC, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. AOC may also elect to suspend performance of the Agreement until AOC determines the funding insufficiency is resolved. AOC may exercise any of these options with no notification restrictions, although AOC will make a reasonable attempt to provide notice.
In the event of termination or suspension, AOC will reimburse eligible costs incurred by the Agency through the effective date of termination or suspension. Reimbursed costs must be agreed to by AOC and the Agency. In no event shall AOC’s reimbursement exceed AOC’s total responsibility under the agreement and any amendments.
o. Suspension for Convenience. AOC may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume performance on the first business day following the suspension period unless another day is specified in writing by AOC prior to the expiration of the suspension period
p. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement.
EXECUTED AND EFFECTIVE as of the day and date first above written.
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS BLAKE
Signature
Christopher Stanley, CGFM
Richard Dahl
Chief Financial and Management Officer
Chairman
BOCC Agenda
Meeting Date: 08/19/2025
AGREEMENT - Novation Agreement - Rose Valley Road Culvert Replacement - Project No. 1086 Exeltech Consulting
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Information
Attached is a Novation Agreement with Exeltech Consulting, Inc. and Exeltech, a Bowman Company for the Rose Valley Road Culvert Replacement Project. On July 2, 2024, the County entered into a Local Agency Consultant Agreement with Exeltech Consulting, Inc., to perform civil, structural, geotechnical, hydrologic and hydraulic engineering, cultural resources, and environmental services for the Rose Valley Road Culvert Replacement project. Since then, Exeltech has merged with Bowman Consulting, Inc., resulting in the creation of Exeltech, a Bowman Company (Exeltech-Bowman). It has been determined that Exeltech-Bowman shall assume all rights, duties, and obligations under the Contract. The Novation Agreement documents the transfer of rights and responsibilities regarding the Rose Valley Road Culvert Replacement Project.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation from the Department of Public Works that the Board move to approve the Novation Agreement for the Rose Valley Road Culvert Replacement Project and authorize the agreement to be executed.
Agreement
Inbox
Roger Maurer
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Reviewed By Date
Roger Maurer
08/06/2025 05:12 PM
Susan Eugenis 08/06/2025 05:26 PM
Mike Moss 08/10/2025 10:26 AM
Started On: 08/06/2025 11:28 AM
Exeltech Consulting, Inc. (“Exeltech”), a Washington firm, as transferor; Exeltech, a Bowman Company (“Exeltech-Bowman”), a Washington firm, as transferee; and Cowlitz County, a political subdivision of the State of Washington (“County”), enter into this Novation Agreement (“Novation”) effective as of _____ ___, 2025.
(a) The parties attest and agree to the following facts:
(1) On July 2, 2024, Exeltech and the County entered into a Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement for the Rose Valley Road Culvert Replacement, Project No, 1086, Federal Aid Number ER-2203(005) (the “Contract”) for Exeltech to provide engineering and environmental services to the County
2) Exeltech has merged with Bowman Consulting, Inc., resulting in the creation of Exeltech, a Bowman Company. It has been determined that Exeltech-Bowman shall assume all rights, duties, and obligations under the Contract.
(b) Exeltech-Bowman is in a position to fully perform all rights and duties, terms and conditions, and liabilities (collectively, “obligations”) of the transferor that exist under the Contract, and it is consistent with the County’s interest to recognize Exeltech-Bowman as the successor party to said obligations previously held by Exeltech.
(c) In consideration of these facts, the parties agree that by this Novation:
(1) Exeltech confirms the transfer of its obligations, as described above, to ExeltechBowman and waives any claims and rights against the County that they now have or may have in the future in connection with the Contract.
(2) Exeltech-Bowman agrees to be bound by and to perform the obligations in accordance with the conditions contained in the Contract Exeltech-Bowman also assumes all obligations of, and all claims against, Exeltech under the Contract, as if Exeltech-Bowman were the original party to the Contract.
(3) Exeltech-Bowman ratifies all previous actions taken by Exeltech with respect to said Contract, with the same force and effect as if the action had been taken by Exeltech-Bowman.
(4) The County recognizes Exeltech-Bowman as Exeltech’s successor in interest in and to thisContract Exeltech-BowmanbythisNovationbecomesentitledtoallrights,titles,andinterests of Exeltech, as if Exeltech-Bowman were the original party to said Contract. Following the effective date of this Contract, the moniker “Exeltech Consulting, Inc.” as used in any aforementioned Contract and amendments thereto, shall refer to the transferee, Exeltech, a Bowman Company.
(5) Except as expressly provided in this Novation, nothing in it shall be construed as a waiver of any rights of the County against Exeltech
Novation Agreement – Exeltech-Bowman Rose Valley Road Culvert Replacement, Project No. 1086, Federal Aid Number ER-2203(005)
(6) All previous services tendered, or payments received, by or to the County, and all other previous actions taken by the County under said Contract, shall be considered to have discharged those parts of the County’s obligations under said Contract. Exeltech and Exeltech-Bowman agree that the County is not obligated to pay or reimburse any or each of them for, or otherwise give effect to, any services, costs, taxes, or other expenses, or any related increases or decreases in payments, directly or indirectly arising out of or resulting from this transfer or this Novation, other than those that the County in the absence of this transfer or Novation would have been obligated under the Contract.
(e) The Contract shall remain in full force and effect, except as modified by this Novation. Each party has executed this Novation, effective as of the day and year first above written.
By
_______________
Richard R. Dahl, Chairman
(Authorized to sign by Board per RCW 36.32.100)
Attest: Kelly Grayson, Clerk of the Board
Title:
EXELTECH CONSULTING, INC. , transferor
By _______________________________________________
[Authorized by bylaws to sign for corporation]
Title _____________________________________________
EXELTECH, A BOWMAN COMPANY , transferee
By _______________________________________________
[Authorized by bylaws to sign for corporation]
Title
BOCC Agenda
Meeting Date: 08/19/2025
2025 Columbia Land Trust Noxious Weeds Agreement
Submitted For: Jennifer Mendoza
Submitted By: Jennifer Mendoza Department: Noxious Weed Control
Subject and Summary Statement
Attached is an agreement between Cowlitz County, its agent the Cowlitz County Noxious Weed Control Board (Weed Board), and Columbia Land Trust to provide funding to support noxious weed control on and around conservation easements along Abernathy Creek. The purpose of this effort is to protect and enhance the riparian conservation values of the conserved properties.
Will Staff Attend - NAME OF STAFF
No - staff unavailable due to field work
Department Recommendation
The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners move to enter into the agreement with Columbia Land Trust to provide funding to support noxious weed control on and around conservation easements along Abernathy Creek.
Expenditure Required $: 0
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : 224100
Grant Y-N: N
Contract
Inbox
Jennifer Mendoza (Originator)
Form Started By: Jennifer Mendoza
Reviewed By Date
Jennifer Mendoza 08/12/2025 04:50 PM
Started On: 08/12/2025 04:40 PM
Abernathy Creek Conservation Easements Riparian Weed Control Cowlitz County, WA 2025
This contract is entered into once all parties have signed by and between Columbia Land Trust (Land Trust) and Cowlitz County through its agent, Cowlitz County Noxious Weed Control Board (Weed Board) for the Weed Board’s performance of the following items of work, as described below, in the State of Washington and the Weed Board’s furnishing of services, materials, labor, and equipment for the completion of such work. The Weed Board agrees to perform work as described in a quality, professional manner and in accordance with the following contract documents which shall be a part of the Contract.
PARTIES:
Cowlitz County Noxious Weed Control BoardColumbia Land Trust 207 4th Ave. N, Room 103 850 Officers’ Row Kelso, WA 98626Vancouver, WA 98661 Federal EIN: 91-6001310Tax ID Number: 94-3140861
CONTACTS: Jennifer MendozaKate Conley Program CoordinatorConservation Easement Manager mendozaj@cowlitzwa.govkconley@columbialandtrust.org (360) 577-3117 x1(541) 645-0371
SCOPE OF SERVICES:
The Weed Board will provide weed control services on seven conservation easement properties located along Abernathy Creek to 1) control existing infestations of priority weeds located on the conservation easements and 2) reduce the threat of invasion or re-invasion by controlling priority weeds on adjacent lands and waterways. The Weed Board will use chemical and mechanical methods for weed control. Target species, locations, methods, and timing are described below.
Spot spray blackberry throughout all project areas. Chemical: aquatic triclopyr (Garlon 3A, Vastlan, or equivalent as approved by Land Trust).
Hack and squirt or cut/stump treatment on mature English holly (Ilex aquifolium) plants (at least one known plant near southeast corner of Golden easement). Chemical: aquatic triclopyr (Garlon 3A or equivalent as approved by Land Trust).
Cut/stump treat any holly re-sprouts that are large enough to apply herbicide to the cut stem. Chemical: aquatic triclopyr (Garlon 3A, Vastlan, or equivalent as approved by Land Trust). If plants are re-sprouting after a previous treatment and the stems are small, cut stems but do not treat with herbicide.
Spot spray or cut/stump ivy as directed by Land Trust staff. Chemical: to be directed by Land Trust staff according to method used.
Timing: Late September-October, after rains have begun but prior to first frost. Complete by November 15, 2025.
Assumptions:
Specific methods, timing, and herbicides for each task will be specified in this agreement or otherwise approved by Land Trust staff.
The Weed Board is responsible for complying with all state and federal regulations regarding herbicide application, and for acquiring any relevant permits.
The Weed Board will only apply herbicide during appropriate weather conditions (no rain forecasted within one hour of application, no high winds, etc.).
The Weed Board will provide all herbicide unless otherwise agreed to with the Land Trust.
The Weed Board is responsible for getting prior permission from landowners to access properties for all work activities. The Weed Board will also notify adjacent residential neighbors prior to applying herbicide. Landowner contact information is included in Table 1.
The Weed Board will mobilize all necessary equipment including fuel and transportation to the site. It is anticipated that equipment may include the following: backpack sprayers, brush cutters (weed whackers or string trimmers), loppers, hand pruners, machetes, and spray bottles.
All equipment, including Weed Board personnel’s boots, shall be free of noxious weeds upon arrival at the work sites, and shall be free of noxious weeds before demobilization.
The Weed Board will survey and control all Cowlitz County Class A noxious weed species during the course of other weed control work. The Weed Board will notify Land Trust staff if new infestations of Class A weeds are identified. Land Trust staff will direct control methods and timing for new infestations in consultation with Weed Board staff.
The Weed Board will survey for and control all woody knotweed (Polygonum x bohemicum, P. sachalinense, P. cuspidatum, P. polystachum) across all project areas including areas adjacent to the conservation easement boundaries. Spot spray or inject stems. Chemical: either aquatic safe glyphosate (Roundup Custom or equivalent) or aquatic triclopyr (Garlon 3A, Vastlan, or equivalent) - completed by September 30, 2025.
Note: where Weed Board is required to notify Land Trust staff, Weed Board should contact one or both of the following:
Kate Conley
kconley@columbialandtrust.org 541-645-0371
Jen Zarnoch
jzarnoch@columbialandtrust.org
360-903-2443
Prior to or concurrent with submitting the yearly invoice, Weed Board will provide Land Trust with an annual summary of work services performed by conservation easement property, including:
Dates of work.
Weed control methods, species, estimated areas treated, and herbicides used.
Project Budget
Columbia Land Trust shall pay Weed Board in accordance with the following Schedule of Prices:
Invoicing
Contractor will send invoices to ap@columbialandtrust.org with a copy to Project Manager’s email (kconley@columbialandtrust.org).
AGREED AND ACCEPTED: Land Trust:
Ian Sinks, Stewardship Director
Date:
Weed Board:
COWLITZ COUNTY
Board of Commissioners of Cowlitz County, Washington
Richard Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
Attest:
Kelly Grayson, Clerk of the Board
Date:
1. RankIncludedContract Documents
1YesScope of Services
2YesSmall Job Unit Price Agreement Provisions
3 No Technical Specifications
4 NoApplicable Plans
5NoApplicable Maps
Where a conflict exists between this Small Field Job Unit Price Agreement and any of the Contract Documents marked ‘Yes’ above or between any of the Contract Documents marked ‘Yes’ above, first this Small Field Job Unit Price Agreement shall control and then the higher ranked document shall control as to the conflict.
2.Contractor shall not assign or subcontract any part of the work without prior written consent of Columbia Land Trust.
3.The Contractor warrants that they have visited the site and are familiar with the location, means of access, and any other factors which may affect the cost or the execution of the work.
4.Contractor agrees that no extra work shall be paid for unless it is ordered in writing by Columbia Land Trust.
5.The Contractor shall give notices, comply with all laws, ordinances, regulations and lawful order that apply to work carried out under this contract.
6.The Contractor shall be responsible for initiating, providing, maintaining and supervising all safety programs and precautions regarding the work and its performance in accordance with all laws, ordinances, rules and generally accepted safety practices for this type of work.
7.The Contractor agrees that Columbia Land Trust shall have no responsibility or liability for any claims or suits brought by third persons as a result of or related to Contractor’s or Contractor’s subcontractors, assignees, employees or agents obligations and work under this contract. The Contractor shall indemnify, defend and save Columbia Land Trust harmless from and against all claims and actions brought against Columbia Land Trust as a result of or related to Contractor’s subcontractors, assignees, employees or agents obligations and work under this contract and cost incurred by Columbia Land Trust regarding such claims and actions.
8.Notwithstanding and other insurance coverages carried, or required to be carried by law, by the Contractor, the Contractor shall provide, maintain, and pay for the following insurance coverage for: (a) claims under worker’s compensation, disability benefit and other similar employee benefit acts which are applicable to the work performed at statutory limits; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees or death of any person other than the Contractor’s employees at limits of at least $1,000,000 per occurrence; (c) claims for damages because of property damage to the property of third party(ies) at limits of at least
$1,000,000 per occurrence; (d) claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor or (2) by another person at limits of at least $1,000,000 per occurrence; (e) claims for damages to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom at limits of at least the amount of this Agreement paid to Contractor; (f) claims for damages because of bodily injury, death or personal property damage arising out of the ownership, maintenance and/or use of motor vehicle at limits of at least $1,000,000 per occurrence. All insurance coverages required to be obtained and maintained by Contractor under this Contract: (1) name Columbia Land Trust, its officers, directors, employees and agents as additionally insureds; (2) must be written as primary policy coverage and not contributing with or in excess of any coverage of which the Corporation may carry; (3) must contain an express waiver of any right of subrogation by the insurance company against the Corporation and its employees, officers, directors and agents; and (4) must provide that the policy may not be cancelled unless the Corporation shall have thirty (30) days prior written notice of cancellation.
9.The Contractor agrees that Columbia Land Trust may issue a stop work order at any time for cause or convenience. No additional compensation shall be provided for such an order where the Contractor is found to be out of compliance with the Contract. No additional compensation for such an order shall be provided where the stoppage is for convenience and the period of stoppage is less than one-fifth of the Contract period. The Contractor shall be fairly compensated for longer periods of work stoppage. The Contractor shall be compensated for work actually performed when a Contractor is relieved of work following a stop work order for convenience.
10.Columbia Land Trust shall have the right at any time to terminate, with or without cause, the services of the Contractor and to cancel this Contract by giving thirty days prior written notice to that effect. In the event of termination, the Contractor shall not expend or commit additional funds beyond that already committed and Columbia Land Trust shall approve reimbursement to the Contractor for funds already expended or irrevocably committed in accordance with the terms of this Contract provided however, that the Contractor shall not include in such costs any lost profit or earnings that may have been realized by the Contractor had the work been completed. Columbia Land Trust may use such means as deemed necessary to complete the work. The Contractor is not relieved of any liability to Columbia Land Trust for damages sustained by virtue of any breach of this Contract by the Land Trust.
11.The Contractor gives Columbia Land Trust, the government, or the Comptroller General access and the right to examine all records, books, papers, or documents related to the Contract. The Contractor also agrees to retain all records related to this Contract for a period of three years after completion or termination of the Contract.
12.All payments to the Contractor shall be for work actually performed and materials furnished by the Contractor. Quantities may be verified by the Land Trust prior to payment. The amounts shown on the Schedule of Prices are for comparative purposes only and in no way constitutes an amount for which Columbia Land Trust will be liable. If there is an increase or decrease in actual quantities, the actual quantity measured will be paid at the price indicated. Scheduled prices shall include all sales taxes, excise taxes, and duties on both materials and services supplied by the Contractor for the Contract.
13.Payments to the Contractor are made on completion and acceptance of the work by Columbia Land Trust. Payments shall be made after receipt of an invoice from the Contractor at a net 45 days from the date of acceptance.
14.Any claims made by the Contractor regarding the terms of the Contract must be made in writing no later than thirty (30) calendar days after completion of a particular work item, otherwise such claims are barred.
15.Federal law protects any cultural or historic resources on the project land. If any cultural or historic resources (artifacts) are found during construction, all work shall immediately cease and Contractor shall immediately notify Columbia Land Trust.
16.Contractor warrants that: (A) title to the work materials will pass to Columbia Land Trust upon receipt of payment by the Contractor; (B) Work materials and equipment, as applicable, shall be free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as liens. At all times for its work pursuant to this Contract, the Contractor shall keep the property free of all liens by Contractor’s subcontractors, material suppliers, and employees. Contractor shall indemnify and hold harmless Columbia Land Trust against any assertion of claims by Contractor’s subcontractors, material suppliers, and employees and against assertion of interests by suppliers of goods and materials.
17.It is expressly understood and agreed that Contractor is and shall at all times during the term of the Contract, be deemed to be an independent contractor, and nothing in this Contract shall in any way be deemed or construed to constitute Contractor an agent or employee of Columbia Land Trust, nor shall Contractor have the right or authority to act for, incur, assume or create any obligation, responsibility for liability, expressed or implied, in the name of or on behalf of Columbia Land Trust, or to bind Columbia Land Trust in any manner whatsoever.
18.The Contractor warrants to Columbia Land Trust that all materials and equipment furnished by the Contractor will be new and in accordance with the specifications unless otherwise specified, and that all work will be good quality, free from faults and defects and in conformance with the Contract.
19.The Contractor shall keep the work site in a neat and orderly condition at all times. Care shall be taken to prevent excess soil erosion. Waste materials, rubbish, litter and debris shall be promptly and regularly removed from the work site by Contractor. Upon completion of the work the Contractor shall promptly remove any such materials and shall clean up the site and work area to the satisfaction of the Land Trust.
Columbia Land Trust is committed to finding ways to address equity and social justice issues in our work. We are striving to diversify our own staff, as well as those with whom we partner, in order to build a stronger, more inclusive conservation movement and to achieve more equitable outcomes. You can read our full Equity Commitments here: www.columbialandtrust.org/about-us/equity.
These efforts include hiring contractors who are also dedicated to the values of DEI through business practices, employment, and conduct. Contractors who do not demonstrate similar commitments, or conduct their business in a positive spirit toward these commitments, may be removed from the Land Trust’s qualified contractor list. Those who openly disregard these commitments while performing work for the Land Trust will be notified and, if no corrective action is taken, their contract may be terminated per Section 10 of this Agreement.
The Land Trust is committed to providing contracting opportunities to minority and woman-owned businesses and prefers hiring and purchasing locally. We request that bidders share any relevant certifications or qualifications held by their business, subcontractors, or suppliers. Please note that we welcome any feedback on how we might improve the process.
Site
Abernathy CreekStrom
Ginnie & Vince Donner 1791 Island Drive Longview, WA 98632 ginnvinn@comcast.net
360-577-5979
Abernathy CreekGolden Vicki Jeans 3124 Maple St. Longview, WA 360-423-9446
Todd Golden 1512 Pike St. Centralia, WA 98531
360-508-3925
Abernathy CreekDavis
Abernathy CreekMitchell
Robert & Sandra Davis 1002 Abernathy Creek Rd Longview, WA 98632 abernathyfarms@outlook.com
360-577-1043
Monty Mitchell
124 Greenridge Dr. Dalton MA 1226 mitchel@nycap.rr.com (413) 684-2156
4.10
2.78
Edges of field adjacent to easement area, ~1.5 acres
Adjacent field north of easement and adjacent area east of easement, ~1.5 acres
Canada thistle, bull thistle, tansy ragwort, Himalayan blackberry, knotweed.
Canada thistle, bull thistle, tansy ragwort, Himalayan blackberry, holly, knotweed.
Can drive into south end of field via Donner’s gate. Gate is kept locked - contact Donners for access. Site is flat.
Can drive in on bridge over private property to park at north end of site (north end of field). Site is flat. Landowner would likely permit ATV use in field, with permission.
5.53 Field buffer adjacent to easement, if priority species found.
3.18 Field buffer adjacent to easement on east and west sides.
Canada thistle, bull thistle, tansy ragwort, Himalayan blackberry, knotweed, holly.
Canada thistle, bull thistle, tansy ragwort, Himalayan blackberry, knotweed, ivy, possibly re-sprouting holly.
Drive in on Davis’ bridge and driveway; park near barn. Landowner would likely permit ATV use if needed along the old road paralleling the site on upland side.
Walk-in access to upstream end of site from the Davis property. For drive-in access, landowner lives out of the state but permits access via driveway at downstream end of easement. Contact neighbor, Dick and/or Judi Peters, to open the gate after obtaining permission from Monty. Dick and Judi Peters: j.r.peters@msn.com or 360-577-4584. There is also a pullout along Abernathy Creek Road.
Abernathy Creek - Veys North
Mike Smith 101 Slide Creek Rd Longview, Washington 98632 Phone: (360) 751-1850 m.smith1@live.com
1.32 Small buffer along north and upland edges of conservation easement, if needed.
Canada thistle, bull thistle, tansy ragwort, knotweed, Himalayan blackberry (north edge and upland).
Park along Mike Smith’s driveway at upstream end of site, with permission from Mike (driveway is gated). Easement area is mostly flat; adjacent upland is moderately sloped.
Abernathy Creek - Veys South Frank Anderson
72683 Beaver Springs Rd Rainier, Oregon 97148
503-556-0089
2.68 Small buffer along upland edge of conservation easement, if needed.
Canada thistle, bull thistle, tansy ragwort, knotweed, Himalayan blackberry (in upland).
Abernathy CreekRobben Al Fogliani PO Box 2834 Longview, Washington 98632 (no currently functional email)
5.33 Small buffer along upland edge of conservation easement, if needed.
Foot access via creek. Alternative access available, with permission, via neighbor Oscar Mitchell’s forest road. Notify Oscar Mitchell prior to access: 157 Slide Creek Road, Longview, WA 98632. Site is steep in portions. Site Landowner
Canada thistle, bull thistle, tansy ragwort, knotweed, Himalayan blackberry (in upland), ivy, holly (few plants in upland).
Landowner does not live on site, but relatives do. Foot access via Veys North easement (Smith property). Alternative drive-in access available, with permission, via neighbor Oscar Mitchell’s forest road. Notify Oscar Mitchell prior to access: 157 Slide Creek Road, Longview, WA 98632. Site is steep in portions.
Meeting Date: 08/19/2025
Resolution Adopting Alternative Dates for 2026-2027 Biennial Cowlitz County Budgets
Submitted For: Kathy Funk-Baxter
Submitted By: Kelly Grayson, Clerk of the Board Department: Office of Financial Management
Information
Subject and Summary Statement
Resolution Adopting Alternative Dates for the 2026-2027 Biennial Cowlitz County Budgets.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Resolution
Form Started By: Kelly Grayson
Final Approval Date: 08/14/2025
Attachments
Form Review
Started On: 08/14/2025 12:06 PM
IntheMatterofAdoptingAlternative)
Datesforthe2026-2027)
BiennialCowlitzCountyBudgets ) RESOLUTION NO.
WHEREAS, RCW 36.40.017 allows the county commissioners to set alternative dates for budget hearings, and may also set other dates relating to the budget process, and
WHEREAS, Cowlitz County Resolution No. 314, dated July 6, 1973 calls for a Biennium Budget and Code Ordinance No. 01-090 dated May 14, 2001 allowed for new chapter 3.02, BIENNIAL Budget which also allowed the county to adopt a biennial budget with a mid-biennium review and modification for the second year of the biennium for Cowlitz County, and
NOW,THEREFORE,
BEITRESOLVED that the following dates are hereby adopted for the 2026-2027 biennium budget preparation:
June 23, 2025,Auditor Office budget call letter to departments for estimates of revenues and expenditures;
August 11, 2025,Departments return final estimates of revenues and expenditures to the Office of Administrative ServicesFinance;
September 9, 2025,Office of Administrative Services- Finance submits the preliminary biennium budget to the Board of Commissioners and requests a public hearing date certifying taxes and adopts the final biennium budget for 2026-2027;
September 16October 28, 2025,Budget Workshops with Departments and Elected officials
September 16, 2025,First publication of notice of county budget hearings for certifying taxes and final biennium budgets;
September 23, 2025,Second publication of notice of county budget hearings for certifying taxes and final biennium budgets;
November 25, 2025, Public hearing for certifying taxes for General Fund and Resolution continued page 2
Road Fund levies;
December 2, 2025
(Continuing as needed December 9,16, 23 & 30)Public Hearing for adoption of Six Year Road program, Five year County Capital program, resolution for setting and/or updating 2026 Fees and Biennium Budgets for 2026-2027.
Dated 19h day of August 2025BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard Dahl, Chairman
Attest:
Kelly Grayson, Clerk of the Board
Steven L. Ferrell, Commissioner
Steve Rader, Commissioner
BOCC Agenda
Meeting Date: 08/19/2025
Letter 8/19/25 Appointing Wayne Nelsen to BPAC.
Submitted For: Kelly Grayson, Clerk of the Board
Submitted By: Kelly Grayson, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Information
Letter dated 8/19/2025 to Wayne Nelsen appointing him to the Building & Planning Advisory Council. This is a 4-year term that expires 7/31/2029.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Letter
Form Started By: Kelly Grayson
Attachments
Form Review
Started On: 08/14/2025 04:01 PM Final Approval Date: 08/14/2025
August 19, 2025
Mr. Wayne Nelsen
Dear Mr. Nelsen ,
Richard R. Dahl, Chairman District 3
Steve Rader, Commissioner District 1
Steven L. Ferrell, Commissioner District 2
Kelly Grayson, Clerk of the Board
The Cowlitz County Board of Commissioners is pleased to appoint you to the Building & Planning Advisory Council representing Development Community for a 4-year term, expiring on July 31, 2029
We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Building & Planning Advisory Council meets every 2nd Tuesday of the off months at 4:00 p.m. If you have any questions, please don't hesitate to contact us at 360-5773020
Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020.
Sincerely,
Board of County Commissioners of Cowlitz County, Washington
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
cc: Commissioner’s Record
Building & Planning
Cowlitz County Board of Commissioners (360)577-3020 Fax (360) 423-9987
207 North 4th Avenue
cowlitz@cowlitzwa.gov
Kelso, WA 98626
www.co.cowlitz.wa.us
BOCC Agenda
Meeting Date: 08/19/2025
WARRANTY DEED - Tower Road Rock Creek Culvert Replacement - Project No. 1801 - James and Jessica Edmonds
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Attached is a Warranty Deed from James and Jessica Edmonds for the Tower Road Rock Creek Culvert Replacement project. This document was signed by the property owner on March 31, 2025, accepted by the chairman of the Board of County Commissioners on June 4, 2025, and recorded at the Cowlitz County Auditor's Office on July 16, 2025, under Auditor's Number 3773090.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board acknowledge the Warranty Deed for the Commissioner's record.
Warranty Deed Vicinity Map
Inbox
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Reviewed By
Susan Eugenis
Mike Moss
Date
08/06/2025 04:48 PM
08/10/2025 10:26 AM
Started On: 08/06/2025 09:02 AM
BOCC Agenda
Meeting Date: 08/19/2025
WARRANTY DEED - Tower Road Rock Creek Culvert Replacement - Project No. 1801 - Michael and Annette Belfield
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Attached is a Warranty Deed from Michael and Annette Belfield for the Tower Road Rock Creek Culvert Replacement project. This document was signed by the property owner on June 11, 2025, accepted by the chairman of the Board of County Commissioners on June 18, 2025, and recorded at the Cowlitz County Auditor's Office on July 17, 2025, under Auditor's Number 3773141.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board acknowledge the Warranty Deed for the Commissioner's record.
Warranty Deed Vicinity Map
Inbox
Susan Eugenis
Susan Eugenis
Mike Moss, Public Works
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Reviewed By
Date
Susan Eugenis 08/06/2025 04:49 PM
Susan Eugenis 08/12/2025 05:31 PM
Started On: 08/06/2025 09:45 AM
BOCC Agenda
Meeting Date: 08/19/2025
TEMPORARY EASEMENT - Tower Road Rock Creek Culvert Replacement - Project No. 1801 - Michael and Annette Belfield
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
Submitted By: Emilie Cochrane, Public Works
Attached is a Temporary Easement from Michael and Annette Belfield for the Tower Road Rock Creek Culvert Replacement project. This document was signed by the property owner on June 11, 2025, accepted by the chairman of the Board of County Commissioners on June 18, 2025, and recorded at the Cowlitz County Auditor's Office on July 18, 2025, under Auditor's Number 3773089.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board acknowledge the Temporary Easement for the Commissioner's records.
Temporary Easement
Vicinity Map
Inbox
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Reviewed By Date
Susan Eugenis
Mike Moss
08/06/2025 04:49 PM
08/10/2025 10:26 AM
Started On: 08/06/2025 09:52 AM
BOCC Agenda
Meeting Date: 08/19/2025
Opposition Letter dated 08/12/2025 to the Washington Forest Practices Board regarding the Proposed Expansion of Riparian Buffers for Type Np Streams.
Submitted For: Pervie Nancy Reed
Department: Commissioners Office
Subject and Summary Statement
Will Staff Attend - NAME OF STAFF
Department Recommendation
Correspondence
Form Started By: Pervie Nancy Reed
Submitted By: Pervie Nancy Reed
Information
Attachments
Started On: 08/12/2025 04:51 PM
Stevc Rader, Commrssioner Distnct I
Steven [.. Senell, Commissioner District 2
Richard R. Dahl, Commissioncr District l
Kelly Gralson. Cle* ofthe Board
August 12, 2025
Washington Forest Practices Board
llll Washington St. SE PO Box. 47OL2 Olympia, WA 98504-7012
Fo rest. pra ctices boa rd @ d n r.wa.gov
RE: Opposition to the Proposed Expansion of Riparian Buffers for Type Np Streams
Dear Board Members,
On behalf of Cowlitz County, we are writing to express our opposition to the proposed expansion of riparian buffers for Type Np streams. This proposed rule bypasses the state's Adaptive Management Program, specifically created to ensure forest policy is based on peer-reviewed science.
This proposed rule does not cure a clearly defined problem that is quantified by specific water temperature data in nonfish perennial streams. According to available data there appears to be even less impact on downstream fish bearing water that will result in fewer fish. Therefore, these buffers cannot predict or guarantee more fish.
This proposed rule requiring buffers on Np waters on all private forests is not balancing protection of the public's resources and private property. Estimatesof economic loss as outlined in a study conducted by the University of Washington Natural Resource Spatial lnformatics Group exceed 245 million dollars in Cowlitz County. The cost is prohibitive and extremely detrimental to Cowlitz County, Cowlitz businesses, and Cowlitz County citizens.
We encourage the board not approve this rule and continue to work through the Adaptive Management Pro8ram as agreed to.
Sincerely, Board of County Commissioners of itz County, Washingto
Richard R. Dahl C an
Steve issioner District 1
Steven L. Ferrell, Commissioner District 2
cc: Commissioner's Record
Cowlitz County Board of Commissioners
207 Nonh 4n Avenue
Kelso, WA 9E626
(360)s7 7 -3020
cowlitz@cowlitzwa.gov www.co.cowlitz.wa.us
BOCC Agenda
Meeting Date: 08/19/2025
Completed/Signed WSAC Board of Natural Resources Election Ballot
Submitted For: Kelly Grayson, Clerk of the Board
Submitted By: Kelly Grayson, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Information
Completed and Signed Washington State Association of Counties (WSAC) Board of Natural Resources Election Ballot.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Ballot
Form Started By: Kelly Grayson
Final Approval Date: 08/14/2025
Started On: 08/14/2025 08:03 AM
Election Deadline: August 13,2025,5:00 PM
County: Is this ballot fractionalized?x t)
D t2L I
If so, please indicate the percentage of the vote next to each nominee in the boxes below:
Commissioner Randy Johnson (Clallam County)
Write In
Chair Signatu re:
Name (Please Print: (c
xEach County with State Forestlands has one vote in this election and shall submit only one ballot. A Board of Commissioners or County Council may choose to fractionalize it's one vote among candidates to reflect the vote of each Commissioner or Councilmember. The total of all fractionalized votes must be equal to I vote.
Ballots must be received by WSAC via email no later than August L3,2025,5:00 PM.
Completed ballots must be emailed to Paul Jewell, WSAC Government Relations Director (oiewell@wsac.org).
BOCC Agenda
Meeting Date: 08/19/2025
Signed Letter 8/12/25 Dave Anderson WA Dept of Commerce 2025 Growth Management Act Periodic Update Grant
Submitted For: Traci Jackson
Department: Building & Planning
Subject and Summary Statement
Submitted By: Kelly Grayson, Clerk of the Board
Information
Signed letter dated 8/12/2025 to Dave Anderson, Managing Director, WA Dept of Commerce regarding the 2025 Growth Management Act Periodic Update Grant.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Letter
Form Started By: Kelly Grayson
Final Approval Date: 08/14/2025
Attachments
Form Review
Started On: 08/14/2025 08:00 AM
BOCC Agenda
Meeting Date: 08/19/2025
Interlocal Grant Agreement between Cowlitz County and Cowlitz Wahkiakum Council of local Governments
Submitted For: Kathy Funk-Baxter
Department: Office of Financial Management
Subject and Summary Statement
Submitted By: Kathy Funk-Baxter
Information
Interlocal Grant Agreement with Cowlitz-Wahkiakum Council of Governments to provide a Beneficial Study for dredge material and Mt. Saint Helen's sand for $121,000. The project will be paid for from Interest Income on the Rural Public Facilities fund.
Will Staff Attend - NAME OF STAFF
Kathy Funk-Baxter, Finance Director
Department Recommendation
Staff recommends approval of the interlocal grant agreement that is a result of the grant approval by the Cowlitz County Board of Commissioners. The study will be completed by May 2026.
Interlocal Grant agreement with CWCOG
Form Started By: Kathy Funk-Baxter
Final Approval Date: 08/05/2025
Started On: 07/22/2025 07:49 AM
This Interlocal Grant Agreement (the “Agreement”) is made and entered into pursuant to Chapter 39.34 RCW, the “Interlocal Cooperation Act,” by and between the CowlitzWahkiakum Council of Governments, a municipal corporation organized under the laws of the State of Washington, acting by and through its board (the “Grantee”), and Cowlitz County, Washington, a political subdivision of the State of Washington, acting by and through its Board of Commissioners (the “County), on the date stated below.
1. The County imposes, in addition to other taxes authorized by law, a nine one-hundredths of one percent (0.09%) tax of the selling price in the case of sales tax or value of the article used in the case of a use tax as allowed by RCW 82.14.370 and Cowlitz County Code 3.21. There are investment earnings on the sales tax available as well for awards.
2. The moneys collected as described above are deposited into the County treasury in a special revenue fund recognized as the Distressed County Public Facilities Fund for financing public facilities in Cowlitz County.
3. The Grantee submitted an application for grants of up to $121,000 in investment earnings funds from the Distressed County Public Facilities Fund for year 2025 for Beneficial study for dredge materials and Mt. Saint Helens sand, the “Project”. The application is attached and incorporated as part of Exhibit A – Scope of Work for Project.
4. The County reviewed the application, and the Board of County Commissioners decided to award a grant from the Distressed County Public Facilities Fund for the Project.
5. The Grantee represents and certifies that it is qualified to receive funds for the study, and that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or work set forth in this Agreement.
Now therefore, in consideration of the mutual covenants contained herein, the Grantee and the County agree as follows:
1. Incorporation of Recitals. The above Recitals are hereby incorporated into the substantive provisions of this Agreement.
2. Purpose of Interlocal Grant Agreement. The purpose of this Agreement is to set forth the terms and conditions by which the County will provide the Grantee with a grant award to be used to pay or reimburse necessary expenditures incurred for the Project.
3. Term. This Agreement shall take effect on August 5, 2025 and terminate on May 31, 2026.
4. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent with and as detailed in Attachment A - Scope of Work for Project
5. Grant Amount. The Grantee is awarded a total of $121,000.
6. Budget. The Grant Award shall be expended by the Grantee as set forth in Attachment B -Budget.
7. Grantee Responsibilities. The Grantee agrees to administer the grant proceeds consistent with this Agreement. The Grantee shall provide the County with certification using the form of Attachment C that grant funds were used for eligible expenditures. The Grantee shall use the grant invoice template Attachment D to request payment from the County.
8. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A - Scope of Work for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Grantee shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Grantee to the County electronically to the County’s Project Manager identified herein.
9. Access to and Maintenance of Records. The Grantee shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County, for a period of six (6) years to ensure proper accounting for all grant funds and compliance with this Agreement. The Grantee acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW.
The Grantee agrees that the County or any duly authorized representatives shall have at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of the Grantee which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.
10. Termination. The following provisions apply regarding termination of this Agreement: a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice if the funds relied upon for the grant
award are terminated, suspended, or otherwise lost or impaired in whole or in part.
b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days’ advance written notice. In that event, the Grantee will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination.
c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.
However, if a notice of termination for default has been issued and it is later determined for any reason that the Grantee was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience paragraph hereof.
11. Termination Procedure. The following provisions apply in the event that this Agreement is terminated:
a. The Grantee shall cease to perform hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any.
b. The Grantee shall provide the County with an accounting of authorized services provided through the effective date of termination.
12. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any grant or proceeds of the Project, or benefit there from, which is part of this Agreement at any time during or after such person’s tenure.
13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any dispute regarding or arising out of this Agreement shall be Cowlitz County Superior Court.
14. Personnel. The Grantee will secure at its own expense all labor and materials required to perform any work in connection with the Project. The Grantee shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors of the Grantee shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Grantee shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any
actual or alleged violation of the Grantee’s duties under this section or applicable law. Solely for the purposes of this indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Grantee’s duty to defend and indemnify shall survive the termination of this Agreement.
15. Contract Representatives. The parties designated representatives shall be responsible for the administration of this Agreement and for receiving notices given in connection with this Agreement. The following are designated as the representatives of the parties:
For the County:
Name: Kathy Funk-Baxter
Title: Finance Manager
Department: Office of Administrative Services
Address: 207 4th Ave. N. #308 Kelso, WA 98626
Telephone: (360) 577-3065
E-mail: funkbaxterk@cowlitzwa.gov
Fax: (360) 425-7531
For the Grantee:
Name: William A. Fashing
Title: Executive Director
Address: P.O. Box 128 Kelso, WA 98626
Telephone: (360) 577-3041
E-mail: bfashing@cwcog.org
16. Notices. Any notice required or permitted to be made under this Agreement may be given personally, by facsimile, or by first-class, registered or certified mail. A notice personally delivered to the other party is deemed given upon proper delivery. A notice sent by first-class, registered or certified mail is deemed given three days after mailing, if properly addressed and having proper postage. Notices delivered by facsimile shall be deemed to have been given on the date of transmission if received during the recipient’s business day or, if not, on the recipient’s next business day.
Indemnification. To the fullest extent permitted by the law, the Grantee shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents of each of them, from and against all claims in any way resulting from or arising out of the performance of this Agreement, whether such claims arise from the acts, errors or omissions of the Grantee, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any of them or anyone for whose acts, errors or omissions any of them may be liable. “Claim” means any loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys’ fees and costs, attributable to personal or bodily injury, sickness, disease, or
death, or to injury to or destruction of property, including the loss of use resulting therefrom. The Grantee’s duty to indemnify, defend, and home harmless includes but is not limited to claims by the Grantee’s or any subcontractor’s officers, employees, or agents. The Grantee’s duty, however, does not extend to claims arising from the sole negligence or willful misconduct of Cowlitz County, or its officials, officers, employees, and agents. Solely for the purposes of this indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties.
17. Survival of Indemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement.
18. Compliance with Laws. The Grantee and its officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. The County shall have no obligation to ensure such compliance.
19. Relationship of the Parties. This Agreement, and the Grantee’s and the County’s 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 Grantee and the County.
20. 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.
21. Assignment. The Grantee shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, which may be granted or refused at the County’s sole discretion.
22. Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.
23. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties.
24. 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.
25. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.
26. 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.
27. 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.
28. 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.
29. Attachments. The following attachments are incorporated into this Agreement by reference.
a. Attachment A – Scope of Work for Project
b. Attachment B – Budget
c. Attachment C – Certification Form
d. Attachment D – Invoice Form
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 20 .
RECIPIENT: BOARD OF COUNTY COMMISSIONERS
The Grantee is to [describe [project].
1. The Project shall:
a. Feasibility study for dredge materials and Mt. Saint Helens sand
b. Project shall commence in 2025 and complete by May 31, 2026
c. Report from completed study will be provided to each Commissioner on or before May 31, 2026.
2. Performance monitoring. The County will monitor the Grantee’s performance by tracking work progress, reviewing payment requests for applicable costs, and ensuring that all requirements under this Agreement are met. Substandard performance as determined solely by the County constitutes noncompliance with this Agreement.
If action to correct substandard performance is not taken by the Grantee within 30 days after being notified by the County, then the County may terminate the Agreement as described herein.
1. Budget. The County shall reimburse the Grantee in an amount not to exceed $121,000. Unspent grant proceeds will be reallocated at the discretion of the County.
2. Payment. Subject to Section 1, the County shall reimburse the Grantee for costs and expenses necessary to perform activities described in the Scope of Work for Project. The Grantee shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Grantee shall ensure that monthly invoices include receipts, reports, and other detailed documentation of charges.
3. Invoices. The Grantee shall submit invoices using the County’s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Grantee, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the Project, and fees. The final invoice must be received by the County no later than the 30 calendar days following the end of this Agreement.
4. Duplication. The Grantee assures that work performed and invoiced does not duplicate work to be charged to the County and State of Washington under any other contract or agreement with the Grantee.
5. Advance Payment. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Agreement.
6. Authorized Services. The County shall pay the Grantee only for authorized services provided in accordance with this Agreement. If this Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination
7. Recovery of Costs Claimed in Error. If the Grantee claims and the County reimburses for expenditures under this Agreement which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Agreement, the County shall recover those costs and the Grantee shall fully cooperate with the recovery.
I, William A. Fashing am the Executive Director of the Cowlitz-Wahkiakum Council of Governments, and I certify that:
1. I have authority and approval from the governing body on behalf of the Grantee to accept proceeds from the County per Agreement for the Project by and between the County and Grantee.
2. I certify the use of funds submitted for reimbursement or payment under this Agreement were used only to cover those costs that:
a. Are necessary expenditures incurred in support of the Project
b. Were incurred during the period that begins on August 2025 through May 31, 2026.
3. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.
I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code Sec. 1001, et seq. And punishment under Federal law.
Printed Name Signature
INVOICE _____
DATE _________
BILL TO:
Cowlitz County Office of Administrative Services
207 N. 4th Avenue, Room 308
Kelso, WA 98626
1. Amount Billed this invoice $ Description: (attach supporting documentation)
2. Amount previously Billed $ 3. Amount not yet Billed $ Total contract agreement (items 1-3) $
BOCC Agenda
Meeting Date: 08/19/2025
Public Hearing - Amend Chapter 6.12 for Animal Control
Submitted For: Brad Thurman
Submitted By: Kelly Grayson, Clerk of the Board Department: Sheriff
Information
Subject and Summary Statement
9:30 a.m. – Amend Chapter 6.12 for Animal Control
Will Staff Attend - NAME OF STAFF
Department Recommendation
Oridinance Notice Ordinance
Form Started By: Kelly Grayson
Final Approval Date: 08/13/2025
Attachments
Started On: 08/13/2025 12:37 PM
Amending Chapter 6.12 of the Cowlitz County )
Code-Animal Control to Protect Procedural ) ORDINANCE NO. Due Process and Public Health and Welfare )
WHEREAS, Board of County Commissioners of Cowlitz County, Washington, on December 17, 2024, by approving Ordinance 24-108 adopted amendments to Chapter 6.12 of Cowlitz County Code (CCC) for Animal Control; and
WHEREAS, the Board thereafter consulted with the Cowlitz County Sheriff on July 8, 2025, regarding the practical implementation of these new amendments to protect procedural due process while promoting public health, safety, and welfare through the reduction of nuisance animals; and
WHEREAS, the Board has determined from those consultations that additional safeguards should be implemented to ensure procedural due process as well as public safety; and
WHEREAS, the Board has adopted code changes to improve the abatement process for nuisance animals, requiring amendments to section CCC 6.12.190;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Cowlitz County, Washington, as follows:
Section 1. CCC 6.12.190 is hereby amended and revised as set forth below:
6.12.190
A. If, within any 12-month period, an animal is the subject of three prior committed infractions and/or criminal convictions under this chapter and/or any statute of the state of Washington controlling animal behavior, the Animal Control Authority may serve a written abatement notice on the animal owner or the person in control of the animal. Service of the abatement notice may be accomplished by any means authorized for service of process under the laws of the state of Washington.
B. The abatement notice shall:
1. Identify the three prior committed infractions and/or criminal convictions;
2. Identify the provision of this chapter that authorizes the abatement notice;
3. Describe what the owner must do to comply with the abatement notice and the deadline for doing so; and
4. State that the abatement notice may be appealed within 15 days after service of the notice, by both filing a notice of appeal with the Cowlitz County District Court and serving a copy on the Animal Control Authority.
C. The animal owner or person in control of the animal shall comply with the abatement notice by either permanently removing the animal from Cowlitz County; permanently transferring ownership, custody and control of the animal to another person not related to or residing with the owner; or having the animal humanely euthanized. The owner or person in control of the animal must comply with the abatement notice by the deadline stated therein. The owner or person in control of the animal shall upon request provide the Animal Control Authority with a written statement, witnessed by an Animal Control Officer, and signed under penalty of perjury, stating how the owner complied with the abatement notice. The owner or person in control of the animal shall provide such other information as the Animal Control Authority reasonably needs to substantiate the owner’s compliance.
D. It is unlawful and an infraction for an animal owner or person in control of the animal to fail to comply with an abatement notice.
E. An abatement notice issued under this section shall be final unless within 15 days of the date the notice was served, the animal owner or person in control of the animal both files a written notice of appeal with the Cowlitz County District Court and serves a copy of the notice of appeal on the Animal Control Authority.
An appeal under this section shall be a civil action. The Animal Control Authority shall have the burden of proof that the abatement notice was properly issued. A committed finding on a prior infraction or a conviction on a criminal complaint shall be sufficient to prove prior violations.
Failure of the animal owner or person in control of the animal to file an appeal within 15 days of the notice, or failure of the animal owner or person in control of the animal who has filed an appeal to appear at the scheduled hearing, shall act as an admission of the violation.
Section 2. Codification. The amendments and revisions set forth in the above Section 1, only, shall be codified in Ch. 6.12 Cowlitz County Code.
Section 3. Severability. The provisions of this amending 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.
Section 4. Repeal and Savings Clause. The above-enumerated sections of County Ord. 24-108 and Ch. 6.12 CCC are hereby amended and revised as set forth above, and the remaining sections and provisions of County Ord. 24-108 and Ch. 6.12 CCC, not expressly amended, supplemented or revised in section 1, shall remain in full force and effect.
Section 5. Effective Date. The provisions of these amendments are in the public interest and shall take effect immediately upon adoption by the Board.
APPROVED THIS ____ day of __________, 2025, after a public hearing was held on _____________________, 2025, pursuant to Notice published on the ____day of _____________, 2025 in The Daily News.
Richard R. Dahl, Chairman
ATTEST:
Kelly Grayson, Clerk of Board
Steven L. Ferrell, Commissioner
Steve Rader, Commissioner Clerk of the Board
APPROVED AS TO FORM: Cowlitz County Prosecuting Attorney _____
Civil Deputy
Page 3 – Ordinance Amending Ch. 6.13 CCC
Please publish legal notice of public hearing as shown below.
NOTICE IS HEREBY GIVEN that a public hearing will be held on August 19, 2025, at 9:30 a.m. in the Commissioners' Hearing Room, County Admin Bldg, Kelso, WA to consider amending Chapter 6.12, Animal Control, of the County Code; and amending content and code references therein to reflect this adoption.
The Clerk of the Board will accept written testimony concerning the proposed Animal Control Ordinance update until August 18, 2025, at 4:30 p.m.
The Cowlitz County Administration Building is accessible for persons with disabilities Details on the type of meeting will be posted on the BOCC website: https://www.co.cowlitz.wa.us/166/Board-ofCommissioners.
Published: 7/22/2025
PUBLICATION REQUIREMENT: To be published in one (1) issue
BILLING INFORMATION:
1) AFFIDAVITS TO: Cowlitz County Commissioners
ATTN: Clerk of the Board
207 Fourth Avenue North, Room 305
Kelso, WA 98626
2) BILL TO: Cowlitz County Commissioners
ATTN: Clerk of the Board
207 Fourth Avenue North, Room 305
Kelso, WA 98626