Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, May 25, 2004

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, May 25, 2004

Chairman Joan Frey called the meeting to order at 9:23 AM.

Commissioners present: Joan Frey, Don Struck and Ray Thayer.

Workshop Session Agenda

9:23 AM – Executive Session

The Board convened into Executive Session with Prosecuting Attorney Tim O'Neill and County Sheriff Chris Mace in accordance with RCW 42.30.110(1)(i) to discuss potential/threatened litigation.

10:05 AM – Public Works Department Update

Attendance: Public Works Director Larry Nicholas and Goldendale resident Daniel Lichtenwald.

In a follow up from last week’s discussion Director Nicholas proposed purchasing two 25 cubic foot chest freezers and two 18.5 cubic foot refrigerators for the cafeteria at the county Fairground for a total of $1,840. This was significantly less than the estimate previously provided, due in part because one of the present freezers has been found to be in good working order. Director Nicholas also stated that the cost for screen doors and screening materials for the cafeteria would be about $1,000, with labor supplied in-house. The Board reached consensus to approve both expenditures.

Director Nicholas stated that test drilling at a proposed quarry site in the Husum area was very successful, with the rock having good hardness and quality. Responding to Commissioner Thayer’s inquiries, Director Nicholas stated that there is an adequate stockpiling area and he recommended entering into purchase negotiations with the landowner.

Director Nicholas discussed the Wishram community’s desire to fly the Klickitat County flag alongside the United States and Washington State flags at the Wishram Railroad Park. However, he noted that the county flag could cost in the neighborhood of $800, though purchasing several flags at once would probably reduce the cost significantly. Chairman Frey stated that she would like the county flag flown and the Board asked Director Nicholas to secure quotations for the cost of multiple flags.

There was further discussion regarding the low income property owner in Dallesport that was under the impression that her business, as well as residence had been exempted from the $1,000 sewer hookup charge. Director Nicholas stated that further research showed that one exemption was granted by the county back in 2002, while the Board provided another exemption on May 11, 2004. Commissioner Thayer responded that the county should honor both exemptions and the board reached consensus on the issue. Director Nicholas said that he would notify the Dallesport resident of the decision.

Director Nicholas provided a handout on a Safe Routes to Schools grant application that would provide $170,000 for a walking path along the Centerville Highway in Lyle from SR 14 to Keasey Avenue. If the application is successful, the county would provide a 66% match, or $335,000 from the Transportation Improvement Program. Director Nicholas also noted that Assistant County Engineer Bjorn Hedges was preparing a similar application to fund a walking path serving Dallesport school students.

Director Nicholas also provided the Board a memorandum from Building and Grounds Manager John Ihrig on costs to decommission the courthouse backup diesel generator and replace it with a propane powered unit. The total was estimated to be $23,766.75 and the Board reached consensus to approve the expenditure.

In a follow up from last week Director Nicholas said that the Building and Grounds department calculated their wages for the county surplus auction at $2,335.71. Commissioner Struck replied that they had discussed reimbursing the cost with County Treasurer Dani Burton, who was receptive to using auction proceeds for the purpose. Chairman Frey responded that the Board would support a request for reimbursement.

Also in response to earlier inquiries by Commissioner Thayer, Director Nicholas stated that the department will use ballast from the Esteb pit for the road project in the Blockhouse area.

Director Nicholas said that he has sent a letter to property owners concerned about the Rattlesnake Road improvement project, as was discussed during last week’s meeting.

Morning Workshop Session – Tuesday, May 25, 2004 (Continued)

10:53 AM – Economic Development Department Update

Attendance: Economic Development Director Dana Peck and Goldendale resident Daniel Lichtenwald.

Director Peck stated that the department budget was “on track” thanks in large measure to help from the County Auditor’s Office. Commissioner Thayer questioned the budget amount for professional services, stating that it appeared to have $11,000 more than earlier figures, and Director Peck stated that he would respond after researching the issue.

Director Peck said that following the May 17 interviews, Mitchell Nelson was selected for the Dallesport Master Planning process and is now developing a draft scope of work and proposed budget. These will then be reviewed by the advisory board and then submitted to the Board for consideration.

Director Peck stated that Anchor Environmental is nearing completion of the draft Final Environmental Impact Statement (FEIS) for the Energy Overlay Zone (EOZ). He noted that Anchor Environmental requested an additional $27,000 for work they felt was beyond the scope of their contract; however legal counsel with Foster, Pepper and Shefelman PLLC disagreed with their assessment. Director Peck proposed to the Board that the county recognize the excellent job that Anchor Environmental has done in preparing the FEIS and offer an additional $7,500.

Director Peck noted that the United States Senate passed legislation that extends energy credits an additional three years, adding that, should it pass the House and be signed into law, it would probably lead to more energy projects in Klickitat County.

Director Peck said that The Oregonian ran a guest editorial on economic development efforts in Klickitat County, focusing on The Insitu Group in Bingen.

Director Peck said that after a May 14 site visit, discussions continue with a wood products manufacturer who has expressed interest in relocating to Dallesport.

Director Peck said that the Columbia Gorge Regional (Dallesport) Airport Board received the draft Airport Layout Plan on May 21. This will be reviewed and submission to the FAA is expected in the next few weeks.

Also on May 21, discussions were held between Skamania and Klickitat County representatives to develop a two-county Community Wildfire Protection Plan. He added that meeting participants decided to submit a grant application to the United States Forest Service to fund the project and he hoped to bring this to the Board, perhaps next week.

Director Peck noted some difficulties with departmental contracts, stating that a supplemental will need to be approved by the Board to pay invoices for one contractor. He added that there are two contracts that will require amendments extending their time frame and the Board will need to decide whether Anchor Environmental should be offered an additional amount for their work on the EOZ as was discussed earlier in the briefing. He stated that a new system is now in place so contracts can be tracked better.

Morning Workshop Session – Tuesday, May 25, 2004 (Continued)

11:22 AM – Sub-basin Planning Update

Watershed Project Coordinator Dave McClure discussed the sub-basin planning process, noting that the May 28 deadline for plan submittal is just days away and the county does not have the time needed to review the draft plans, which run from 300 to about 465 pages each. He stated that he spent about 13 hours over the weekend reviewing the sub-basin plan that includes Rock Creek only to find that the much of what he reviewed had been revised in a new draft of the plan that was posted on the file exchange web site on Monday. He noted that during a teleconference this morning Lee Van Tussenbrook with the Washington Department of Fish and Wildlife (WDFW) commented that there was no way that WDFW has time to review the plans before they are submitted to the Pacific Northwest Power and Conservation Council. Mr. McClure also noted that after the plans are submitted they will be reviewed by an independent science review panel, NOAA Fisheries, US Fish and Wildlife Service, and the public during a comment period that will end on August 12. The County will not have funding to review the plans. The comments that are received during the comment period will be screened by Tony Grover and, perhaps, the county and/or other sub-basin planning leads to determine which comments can be addressed during the “response loop” that ends on November 1. He commented that the three and a half months provided to respond to comments will likely not be enough time to address the concerns the county may have with the assessments and management plans that comprise the sub-basin plans.

Chairman Frey and Commissioner Struck suggested that the county prepare a written statement relaying the Board’s frustration and protesting the process. Mr. McClure agreed, saying that he could write a letter to the Conservation Council suggesting that they look at sub-basins individually in order to get a more realistic idea of how much time this really requires.

Lunch Recess

The Board recessed for lunch at 11:51 AM.

Call to Order/Roll Call

Regular Meeting for Tuesday, May 25, 2004

Chairman Joan Frey reconvened the meeting at 1:03 PM.

Commissioners present: Joan Frey, Don Struck and Ray Thayer.

Agenda

Business Agenda

Approved (M/Struck, S/Thayer. Passed unanimously) the Business Agenda as presented/with one addition: consideration of a “Safe Routes for Schools” grant application.

Approval of Commissioner Meeting Minutes

Approved (M/Thayer S/Struck. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for May 11, 2004 as presented.

Citizen Comment

Glen Corrigan, representing the Tractor Club (Tractor Guys of Goldendale) expressed thanks that the Board reduced the Fairground rental fee by $100 for the upcoming Tractor Pull. However, he requested that the Board revisit the issue and reduce the fee completely. He noted that the Tractor Pull netted a profit of $176 last year but expenses this year are projected to be higher by nearly $200. Mr. Corrigan stated that the Club itself makes no money as all proceeds go to the Goldendale Jaycees and he urged the Board to eliminate the rental fee for the first three years while they attempt to get the event established. Commissioner Thayer responded by stating that the Board has generally approved requests to waive Fairground rental fees, but there have been numerous unexpected expenses at the Fairground lately and the Board felt it needed to try to recoup some of these costs. Thus the Board just reduced the two requests received last week by $100 each, rather than eliminate the fees altogether. Chairman Frey suggested that with this new information the Board might revisit the issue.

Ken Young, representing the Goldendale Jaycees also requested that the Board eliminate the rental fee for the Tractor Pull, noting that the insurance costs will increase by over $1,500 for this year’s event. He also requested that the Board consider eliminating the rental fee for the Demolition Derby scheduled for July, when the request is made, noting that increasing insurance fees may mean the end of the event at some point. Chairman Frey stated that the Demolition Derby is now a well established event and she sees a big difference between that event and the Tractor Pull. Commissioner Thayer stated that he would support the elimination of the rental fee entirely for the Tractor Pull.

Public Meetings/Public Hearings/Bid Openings

Public Meeting – Consider Approval of Boundary Line Adjustment BLA2004-03; Applicant: Jeff Teal

Approved (M/Thayer, S/Struck. Passed unanimously) of Boundary Line Adjustment BLA2004-03 which alters the boundary lines of Lot 1 of SP-G-101 and Lot 1 of SP-G-139 , the applicant being Jeff Teal. Associate Planner Brian Frampton stated in his staff review that the purpose of this adjustment was to remove the common boundary line between the two lots to allow for construction of a structure.

Public Hearing – Consider Vacation of Muriel Drive, County Road No. 20830, Dallesport

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Adopted (M/Struck, S/Thayer. Passed unanimously) Resolution #09304 vacating that portion of Muriel Drive adjacent to Lots 13, 22, 23, 24 and 25 of Block A, Plat of Dallesport, and Lots 19 and 21 of Block A of BLA2003-02, as located in Section 33, Township 2 North, Range 13 East, Willamette Meridian. Prior to adoption of the resolution the public hearing proceeded as follows with Chairman Frey asking for a staff review:

Public Works Director Larry Nicholas stated that the roadway in question was never constructed and serves no useful purpose to preserve as part of the Klickitat County Road System. He added that it would be desirable to turn the roadway over to the adjacent property owners and recommended that the right-of-way be vacated.

Lynn Griffiths, an adjacent property owner offered testimony that the property isn’t being utilized and is actually an eyesore. She suggested that it be turned over to the adjoining property owners so that the county could then collect property taxes on it.

Chairman Frey noted for the record that there was no one else wishing to provide testimony, either for or against the proposal.

Public Hearing – Consider Supplemental Budget in the Amount of $433,877

Noting that Chief Financial Officer Glen Chipman was in transit from another meeting, Commissioner Thayer made a motion to continue the public hearing until such time as Mr. Chipman arrived. Seconded by Commissioner Struck and passed unanimously.

Old Business

Contracts, Plans and Provisions for Improvements to Old Mountain Road and Fenton Lane

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Approved (M/Struck, S/Thayer. Passed unanimously) Contracts, Plans and Provisions for improvements to 1.46 miles of Old Mountain Road, County Road No. 34750, and 1.01 miles of Fenton Lane, County Road No. 33610, in the amount of $348,971.87 as bid by Jim Riley Excavating, Goldendale.

Findings, Conclusions and Decision in Support of Board Action on May 18, 2004 to Approve a Variance to Road Construction Standards; Applicant: Robert Long

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Adopted (M/Struck, S/Thayer. Passed unanimously) Resolution #09504 approving a request for variance to reduce the required 60 foot access easement to 40 feet and to reduce the road construction width from 24 feet to 20 feet with a combined gravel and pavement surface, and with an approved turnaround as defined by the Road Department, the applicant being Robert Long. As part of his motion Commissioner Struck read into the record the findings and conclusions as stated in the resolution. It was noted that Mr. Long has proposed a short plat located within a portion of Section 33, Township 3 North, Range 10 East, Willamette Meridian.

New Business

Cancellation of Personal Property Tax Liens in the Amount of $18,500.03

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Approved (M/Thayer, S/Struck. Passed unanimously) Resolution #09404 approving a request by the County Treasurer to cancel personal property tax liens in the amount of $18,500.03. County Treasurer Dani Burton provided an accompanying affidavit certifying that she had made diligent search and inquiry for means to satisfy these twelve tax liens. She noted that these parties could not be located and had no assets in Washington State.

Miscellaneous Reports/Comments

Meeting Between County Treasurer Dani Burton and Klickitat Valley Health Services Management

County Treasurer Dani Burton described a recent meeting that she had with Klickitat Valley Health Services (KVHS) Chief Executive Officer Charlotte Lang and KVHS Chief Financial Officer Dave Conrad regarding financial difficulties at KVHS. (Ms. Lang and Mr. Conrad are employees of Brim Healthcare, which is providing management of KVHS on a month-by-month contract basis.) Treasurer Burton stated that nothing was resolved at the meeting and that she remains very concerned by the inability of KVHS to institute changes that she believes are necessary to solve their continuing budget shortfalls. Treasurer Burton stated that she will have a meeting on June 8 with the KVHS Board of Commissioners where she will again request changes in the financial management of KVHS.

Consent Agenda

Approved (M/Struck, S/Thayer. Passed unanimously) the Consent Agenda in its entirety:

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1. Standard Consultant Agreement (#C12304) between Klickitat County and Skillings-Connolly Inc. to provide National Environmental Protection Act (NEPA) consulting services by performing an impact analysis for the new senior citizens center project located in White Salmon, Washington.

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2. Settlement Agreement (#C12404) between Klickitat County and Schreiner Farms Inc. for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Oak Creek Road #21370.

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3. Small Works Contract (#C12504) between Klickitat County and Mid-Columbia Paving Co. to provide crack sealing on various roadway sections within Klickitat County in an amount not to exceed $81,475.00.

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4. Resolution #09604 scheduling a public hearing for 1:30 PM on Tuesday, June 15, 2004 to consider amending Chapter 9.15 of the Klickitat County Code by amending Section 9.15.030 providing penalties for “Public Disturbance Noises”.

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5. Request from the Building/Grounds Department to revise the 2004 Capital Improvement project list by increasing the Fairgrounds RV hook-up project by $10,000.00 for a total maximum allocation of $35,000.00. The additional $10,000.00 is being transferred through a supplemental budget from the County Fair Fund to the Capital Improvement Budget #303.

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6. Department of Community, Trade and Economic Development CDBG Grant Amendment B (#C12604) Agreement No. 02-64002-033. Klickitat County is the lead entity for this grant with the White Salmon Valley School District (White Salmon Early Childhood Education Center.

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7. Washington Department of Transportation 2003/2005 Operating Grant assurances and certificates as required for recipients of federal transportation funds.

8. Letter and certificate of appreciation thanking Bart Crall for his past membership and service on the Klickitat County Planning Commission.

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9. Resolution #09704 authorizing the Code Compliance Officer to commence proceedings to cause the abatement of the nuisance on Parcel No(s). 04-12-1553-0018/00 and 04-12-1553-0019/00/Thomas D. Green ℅ Mary Woods, Personal Representative.

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10. Independent Contractors Agreement (#C12704) between Klickitat County and the Goldendale Chamber of Commerce to house a visitor information center with certain hours of operation for the purpose of promoting Klickitat County’s tourism industry.

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11. Resolution #09804 and letters appointing alternate members to the Water Resource Inventory Area (WRIA) 31 Planning Unit and changing the voting status of certain members to ex-officio members.

Road Permits

Permits Approved:

P052504 through P052504-5

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P050404

Joe and Heidi Bodolay, Dallesport, WA – Construct an approach to the north side of Third Avenue, County Road No. 10700, Dallesport, at Mile Post 0.32.

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P050404-1

Byron Kelly Colkitt, Ridgefield, WA – Construct an approach to the west side of Wahkiacus Heights Road, County Road No. 15750, at Mile Post 1.16.

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P050404-2

Mastec North America, The Dalles, OR – Place 150 LF of six-pair BSW and to bore 40 LF across Central Boulevard, County Road No. 20710, Dallesport, at Mile Post 0.48.

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P050404-3

Sprint, c/o Bill Muncey, Hood River, OR – Replace existing 200-pair cable with 200-pair buried cable from Mile Post 3.81 to Mile Post 4.03 on Snowden Road, County Road No. 11000.

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P050404-4

Mastec North America, The Dalles, OR – Place six-pair BSW from Ped No. 9004 to 361 Largent Lane, County Road No. 24900, from Mile Post 0.63 to Mile Post 0.67 on the north side to gain access to Ped No. 072000-9004.

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P050404-5

Northwest Natural Gas Company, The Dalles, OR – Install and maintain a natural gas service to 166 Palos Verdes, County Road No. 10930, at Mile Post 0.32.

Payment Approvals

Road Department Payments

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Approved (M/Struck, S/Thayer. Passed unanimously) Change Order #2 to Burgess Construction in the amount of $1,277.10 for the Courthouse Basement Storage Vaults project, Phase III.

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Approved (M/Struck, S/Thayer. Passed unanimously) Release of Retainage to Burgess Construction in the amount of $633.62 for the Courthouse Basement Storage Vaults project, Phases I and II.

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Consider an Appeal of the Planning Commission’s Recommendation to Approve Comprehensive Plan Amendment No. CPA2003-02 and Zone Change No. ZON2003-04

Continued (M/Struck, S/Thayer. Passed unanimously) the public hearing to 3:00 PM on Tuesday, June 8, 2004 for purposes of further Board discussion.

Prior to the motion to continue, the public hearing proceeded as follows with Chairman Frey opening the hearing and stating that this is an appeal by the Trout Lake Community Council (Jim White and Jeff Baker), Richard Ordway and Loretta Sharpe to the Klickitat County Planning Commission’s recommendation to approve Comprehensive Plan Amendment No. CPA2003-02 and Zone Change No. ZON2003-04, the applicants being Kerry and Kathy Elmer. Chairman Frey also declared that this was a closed record hearing where new information and new testimony was not allowed to be entered into the record.

Chairman Frey then noted the order of procedure:

• Planner’s review
• Appellant’s testimony
• Applicant’s testimony
• Appellant’s rebuttal
• Clarification of public statements
• Closure of the public hearing
• Discussion

Chairman Frey then asked for disclosure and no members of the Board of Commissioners reported any potential conflicts of interest or ex parte contacts. Commissioner Struck did state that he had visited the property and Chairman Frey noted that she was somewhat familiar with the property.

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Court Reporter Amy O’Neal was on hand to create a verbatim transcript of the proceedings.

Payment Approvals

Voucher Certification and Approval

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Approved Warrants (M/Thayer, S/Struck. Passed unanimously):

Accounts Payable: (#134667 – 134874 and cancelled warrant #133892) for a net of $333,881.24

Combined Payroll: (#74432 – 74706, 134647 – 134666 & Electronic Transfer #307) $525,134.23

For a combined total of $859,015.47

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Resolution Allowing Supplemental Appropriations and Amendments to the 2004 Budget for Various Funds and Departments in the Amount of $283,877

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Adopted (M/Struck, S/Thayer. Passed unanimously) Resolution #09904 allowing for supplemental appropriations and amendments to the 2004 Budget for various funds and departments in the amount of $283,877, which is a reduction of $150,000 in the amount originally requested and advertised when the public hearing was set. Chief Financial Officer Glen Chipman noted that the bulk of the $150,000 reduction was the result of emergency management equipment being purchased through the State of Washington utilizing Homeland Security grant funding and this eliminated the need for equipment allocations through the Emergency Management Fund #127 and the Sheriff’s Budget.

New Business

Authorizing a Safe Routes to School Grant Application

Authorized (M/Thayer, S/Struck. Passed unanimously) the Public Works Director to sign a Safe Routes to School grant application to construct a walking path in Lyle. If successful, the grant amount would be $170,000 with a county match of $335,000 for a total of $505,000. This issue was discussed during the morning Public Works Department update.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:47 PM.

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Reference Document on File