Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, April 19^th, 2005

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, April 19, 2005

Chairman Don Struck called the meeting to order at 10:09 AM.

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

Workshop Session Agenda

10:09 AM – Public Works Department Update

Attendance: Public Works Director/County Engineer Larry Nicholas and Goldendale resident James Daniel.

In regard to an issue first discussed three weeks ago Director Nicholas stated that he has had discussions with a Washington State Department of Revenue representative to resolve sales tax issues involving the Pioneer Center site preparation contract. Discussions concluded with the understanding that Klickitat County will pay sales tax on the entire amount of the contract, including equipment charges. Director Nicholas noted that Progress Payment No. 7 for the site preparation contract (on this afternoon’s agenda) is the final payment and will close out the contract. The total net amount is $25,613.85.

Director Nicholas said that he had further conversations with the truss manufacturer who had inquired about leasing buildings on the Klickitat Mill site, and the manufacturer is now interested in leasing some land on the site instead. The Board agreed to have Director Nicholas pursue the matter further.

Director Nicholas proposed to establish a plant replacement fund to be used when the Dallesport Wastewater Treatment Plant needs to be replaced, perhaps 25 years in the future. He stated that there is about $700,000 left in the Public Works Trust Fund loan that could be used as the initial principal. Director Nicholas provided an investment scenario to illustrate how annual payments of about $235,000 combined with the interest accrued could provide a $10,000,000 fund over a 20 year period. He offered to provide several investment scenarios for Board review and the Board accepted the offer.

Director Nicholas said that he and Economic Development Director Dana Peck met with several members of the Dallesport Water Company to discuss how to provide more water hookups. The group plans to increase the permitted well flow and also increase storage and distribution capabilities to provide an estimated 500 new hookups. In the long term, it was suggested that a water district be formed that would be eligible for various grants and could expand its geographic service area and consolidate smaller water providers into the single water district. Director Nicholas added that the group plans to hire a consultant and he recommended that the county provide them legal counsel. The Board reached consensus to go forward.

Director Nicholas stated that the person holding the part-time (24 hours/week) Maintenance Technician has now been hired to replace Donny Gilliland as Grounds Attendant. Therefore, they now need to hire for the part-time position. Commissioner Thayer asked how long they would require the part-time person and Director Nicholas responded about two to three more months. The Board reached consensus to go forward (with formal approval to be made during the afternoon regular session).

Director Nicholas said that he has provided notice to the Pioneer Center architectural firm that Klickitat County will not be responsible for project expenses due to errors or omissions by the architect. He noted that the firm has raised objections to this stance, and there will be a meeting at 10:00 AM tomorrow at the construction site to discuss this. Chairman Struck suggested that he might be able to attend the meeting and Director Nicholas said that he would welcome Chairman Struck’s presence.

Director Nicholas said that he will provide a resolution for the Board’s consideration next week regarding the two surplussed Jeep Cherokees to be reinstated for flagger duty for the Canyon Road project. He noted that the Public Works Department will rent the two vehicles from the VR&R Fund at a cost of $2.50 per hour, per vehicle.

Director Nicholas stated that Annex 2 (Senior Services) has electrical distribution problems that require immediate attention, adding that an electrical engineering firm has provided a quotation to design a new electrical system. Then the actual work to install the service and wiring is anticipated to take two weeks. There followed discussion on how best to keep the Senior Services Department in operation while the work is being done and Director Nicholas stated that he would confer with Building and Grounds Manager John Ihrig on how to manage the installation and possible relocation of employees to minimize disruption.

In a follow-up from a previous issue, Director Nicholas informed the Board that they have instructed the City of Bingen to discontinue billing the Jeff Schneider property in Dallesport for monthly sewer usage (Bingen being the wastewater system manager). Director Nicholas stated that Mr. Schneider has told them he will give notice when he is ready to reconnect.

Director Nicholas provided speed data for vehicles on the Glenwood Highway, noting that speeds are generally well above the posted speed limit of 50 MPH, thus verifying a resident’s claim that speeds were excessive. He recommended that the speed on certain sections be increased to 60 MPH, stating that speed alone is not generally responsible for road degradation, but instead road damage is primarily caused by overweight trucks.

Morning Workshop Session – Tuesday, April 19, 2005 (Continued)

11:12 AM – Executive Session

The Board convened into Executive Session with Prosecuting Attorney Tim O'Neill, Personnel Director Lori Wolford and Juvenile Court Administrator Keith Anderson in accordance with RCW 42.30.110(1) (i) to discuss potential litigation in regard to a contract matter. It was noted that the session would last for 30 minutes.

The Board reconvened back to Regular Session at 11:42 AM.

Lunch Recess

The Board recessed for lunch at 11:58 AM.

Call to Order/Roll Call

Regular Meeting for Tuesday, April 19, 2005

Chairman Don Struck reconvened the meeting at 1:10 PM.

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

Agenda

Business Agenda

Approved (M/Frey, S/Thayer. Passed unanimously) the Business Agenda with three additions, the first being a recommendation from the Auditor’s Office of a vendor for the new voter registration and election management system. The other two were both Authorizations to Hire, one in Public Health and the other in the Building and Grounds Division of the Public Works Department.

Approval of Commissioner Meeting Minutes

Approved (M/Thayer, S/Frey. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for April 5, 2005 as presented.

Citizen Comment

There was no one present wishing to make any public comment.

Public Meetings/Public Hearings/Bid Openings

Public Meeting – Consider Approval of Boundary Line Adjustment No. BLA2004-08; Applicant: Carl McNew

Approved (M/Thayer, S/Frey. Question: Thayer and Frey voted in favor. Struck was absent. Motion passed) Boundary Line Adjustment No. BLA2004-08 which alters the boundary lines of Lots 1 and 2 of Short Plat No. SP-98-24. Associate Planner Jannette Herrington noted in her staff review that both lots are owned by Carl McNew and that the adjustment was being requested simply because there was a change in the owner’s plans. Prior to the opening of the meeting Chairman Struck announced that he would be excusing himself from this public meeting because Mr. McNew is the supervisor of Chairman Struck’s wife. Chairman Struck also stated that he would not be present for the public meeting following this one because he is the applicant. He then left the Commissioner’s Chambers and the meeting was opened by Chairman Pro-Tem Frey.

Public Meeting – Consider Final Approval of Husum Hills Subdivision, SUB2004-03; Applicant: Donald G. Struck

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Adopted (M/Thayer, S/Frey. Question: Thayer and Frey voted in favor. Struck was absent. Motion passed) Resolution #07505 granting final approval of Husum Hills Subdivision, SUB2004-03, the applicant being Don Struck. Planner Herrington stated in her staff review that this is a division of 50 acres into six residential lots and one commercial lot, that being Lot 7 consisting of the 40.85 acres constituting the Husum Hills Golf Course. She added that all conditions of approval had been met. Chairman Pro-Tem Frey noted for the record that Chairman Struck was absent from the proceedings and the decision. Chairman Struck did return to the Commissioner’s Chambers immediately following the public meeting.

Public Hearing – Consider Amendments to the Klickitat County Code, Title 1, Chapter 1.04, titled “General Provisions” by adding New Sections Defining Liability and Culpability for Violations of County Ordinances

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Approved (M/Frey, S/Thayer. Passed unanimously) Ordinance #O041905 which amends the Klickitat County Code, Title 1, Chapter 1.04, titled “General Provisions” by adding new sections defining liability and culpability for violations of county ordinances. Prosecuting Attorney Tim O'Neill presented a staff review that noted that a significant aspect of the new sections allows for penalties to be imposed on a “principal” whether that person directly commits a misdemeanor, or “directly or indirectly counsels, encourages, hires, commands induces, or otherwise procures another (agent) to commit a misdemeanor…” Prosecutor O’Neill also noted that this amendment clarifies that a corporation or partnership isn’t immune from responsibility imposed under the County Code because the acts were carried out by an authorized agent. The Prosecutor noted this change makes the Code consistent with liability provisions under the RCW. Chairman Struck noted for the record that there was no one in attendance who wished to provide testimony either for or against the proposal.

Miscellaneous Reports/Comments

Update on the Bickleton Historic Carousel Museum Project

Sandra Powers and Miland Walling, representing the Alder Creek Pioneer Association came before the Board to request that Klickitat County purchase land in Bickleton (portions of the Paul Miller Estate) so the Association can establish the Bickleton Historic Carousel Museum. Ms. Powers stated that State Senator Jim Honeyford has been working very hard to secure state funding for this effort and he was very optimistic that there would be about $450,000 in the upcoming state budget for this project. Mr. Walling added that U.S. Senator Patty Murray has been trying to get a $175,000 grant on the federal level, and although it looks hopeful, it will be autumn before it is know if Senator Murray’s efforts are successful. Commissioner Thayer stated that this would be another significant attraction to the east end of the county. Prosecuting Attorney Tim O'Neill said that a title report for the property will be needed to proceed and stated that he will work to obtain that report.

Consent Agenda

Approved (M/Thayer, S/Frey. Passed unanimously) the Consent Agenda except for Item #5 to be reconsidered at a later time. It was noted that there were several discrepancies with Item 5, the most significant involving the fact that funding for Klickitat County Rural Fire District #15 was for fire equipment and also for starting the process of construction of a fire hall. It was felt that there should be clear identification of these two amounts, and perhaps even two separate contracts to deal with the two separate projects.

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1. Amendment Number 2 (#C09005) to the 2005-2006 Consolidated Contract between Klickitat County (Public Health Department) and the Washington State Department of Health adding $34,347 to the contract amount.

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2. Resolution #07605 extending the appointment of the Interim Director of Emergency Management until such time as an Emergency Management Coordinator is hired.

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3. Resolution #07705 establishing outdoor burning restrictions within the unincorporated areas of Klickitat County to be in effect from June 1 to September 30, 2005.

4. Scheduling a public meeting for 1:30 PM on Tuesday, May 3, 2005 to consider the Planning Commission’s recommendation for denial of Comprehensive Plan Amendment (CPA2005-01) and Zone Change Request (ZON2005-01); Applicant: Eric Ihde.

5. (Pulled) Resolution and Interlocal Agreements for the final two 2005 Community Development Projects: Grange hall improvements in Goldendale and fire equipment for Klickitat County Fire Protection District #15 (Wahkiacus).

New Business

Nuisance Abatement Issues

Building and Compliance Director Skip Grimes and Code Compliance Officer Joyce DeVries presented a nuisance abatement case involving Parcel No. 03-12-0352-0003/00; Stuart A Myers ℅ Anne Myers. The Board directed them to prepare the necessary resolution authorizing commencement of nuisance abatement proceedings of this parcel.

Director Grimes also updated the Board on the Larry Congdon nuisance abatement case involving a gutted single wide manufactured home. He stated that the contractor (hired by the owner) to remove the home transported the unit to the road at the edge of the property, then decided not to participate any further. The unit was then blocked up and axles removed. Director Grimes stated that they would seek bids for abatement.

Director Grimes stated that they have identified two nuisances in the Dallesport area (Adams and Cloud) and are planning to proceed with abatement this coming summer.

Director Grimes added that they continue to pursue the Burris abatement and have identified about 70 vehicles for removal.

Old Business

Designation of Official County Newspaper

Designated (M/Thayer, S/Frey. Passed unanimously) The Goldendale Sentinel as the Klickitat County Official Newspaper and approving contracts with both The Goldendale Sentinel and The Enterprise for advertising of all legal notices and delinquent tax lists as well as all notices to be published by newspapers of general circulation in the county. Commissioner Thayer’s motion also stated that The Goldendale Sentinel would receive an administrative fee of 10% for formatting of the notices, adding that the contracts would be reviewed by Prosecuting Attorney Tim O'Neill prior to being sent to the newspapers for their approval. It was noted that this is a similar arrangement as was in place last year when The Enterprise received an administrative fee to format the notices, which were then sent out for simultaneous publishing in all newspapers of general circulation in the county.

Old Business

Recommendation of a Vendor for a Voter Registration and Election Management System

In a follow-up from last week’s RFP (Request for Proposals) review Deputy Auditor Mert Scheradella brought a recommendation for acceptance of a vendor for a voter registration and election management system, that recommendation being to select the proposal from Votek Corporation of San Diego, CA. The amount of the bid was $30,326.00 for the first year, and did not include Oracle (software) fees. Chairman Struck stated that they would prefer to have Technical Services review the proposal before taking action and suggested that the Board hold the issue over until next week. The Board reached consensus to continue to next week.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#143848 – 144049) $228,577.02

(There were no payroll/benefits warrants requiring approval at this time.)

Road Department Payments

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Approved (M/Thayer, S/Frey. Passed unanimously) Change Order No. 7 to Anderson Environmental Contracting, LLC in the amount of $25,613.85 for the Pioneer Center site preparation project.

Department Update/Comment

Authorizations to Hire

Approved (M/Frey, S/Thayer. Passed unanimously) two Authorizations to Hire:

• A Clinical Services Manager in the Public Health Department to be advertised at Range 21, Step A to D.
• A Facilities Maintenance Technician in the Building and Maintenance Division on a temporary (through July 31, 2005), part-time (24 hours per week) basis at $14.00 per hour.

Miscellaneous Reports/Comments

Discussion on Official County Newspaper Contract

Karen Henslee, General Manager of The Goldendale Sentinel discussed concerns that Publisher Andrew McNab had communicated to her regarding the proposed contract for legal advertising. Ms. Henslee stated that Mr. McNab had requested doing away with the administrative fee and having both newspapers format the notices separately. Chairman Struck responded that he was not inclined to change the terms of the contracts, because this arrangement works very well for those county departments that place these notices. Commissioner Thayer added that the notices are easier for the newspapers to process because they are received as attachments that are already Word documents. Ms. Henslee also stated that the Master Statement that has been prepared in the past by the newspaper responsible for the formatting task seems superfluous.

Elected Official Report/Update

Prosecuting Attorney Update

Prosecuting Attorney Tim O'Neill discussed three matters, beginning with an issue brought up by Commissioner Thayer who noted that Klickitat County Fire Protection District No. 7 was concerned about brush burning at the Goldendale Golf Course. Prosecutor O’Neill reported that the district’s secretary Linda Story was upset over what they considered unauthorized and illegal burning activities.

Prosecutor O’Neill discussed a request for information from SWAA (Southwest Washington Agency for the Aging) so that they could respond to a Request for Proposals for providing senior meals.

Prosecutor O’Neill said that they responded to two coroner calls last week.

Executive Session

Executive Session – Potential and Pending Litigation

The Board convened into Executive Session at 4:20 PM with Prosecuting Attorney Tim O'Neill in accordance with RCW 42.30.110(1) (i) to discuss potential and pending litigation in regard to the Washington State Governor’s race, County Auditor Diana Housden and the Counts Pit matter. It was noted that the session would last for 15 minutes.

The Board reconvened back to Regular Session at 4:35 PM.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:35 PM.

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Reference Document on File