Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, May 2^nd, 2006

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, May 2, 2006

Chairman Ray Thayer called the meeting to order at 10:05 AM.

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

Workshop Session Agenda

10:05 AM – Public Works Department Update

Attendance: Public Works Director/County Engineer Scott Smith, Assistant County Engineer Bjorn Hedges and Goldendale resident Daniel Lichtenwald.

Engineer Hedges revisited last week’s issue regarding Little Buck Creek Road and the difficulties that SDS Lumber has encountered in being allowed to continue their use of the road for their timber hauling operations. He noted that a portion of the road had been vacated by Klickitat County in 1962 (for public use), while Skamania County had also done a vacation (public and private) just last year under pressure from an adjacent landowner, even though their Prosecuting Attorney had advised against vacating ten years earlier. Director Smith stated that Skamania County’s action land-locked Klickitat County’s portion of the road and suggested that the county write a letter to Skamania County to call attention to the fact that this adversely impacts SDS Lumber’s operations. Commissioner Struck said that they would discuss the issue with Prosecuting Attorney Tim O'Neill later today.

Engineer Hedges stated that Craig Ludwig, a resident of Strawberry Mountain has built a road approach that has raised concerns with one of his neighbors because it would divert water onto his property. Engineer Hedges said that the solution is for Mr. Ludwig to construct a drainage ditch perpendicular to the roadway.

Engineer Hedges said that the contractor is back on the Hale Road project and is now hauling base course. He added that they will probably finish up in two weeks.

Engineer Hedges stated that an ethics complaint was made by an unsuccessful bidder on the 2007 Bridge Engineering project. But when the matter was evaluated WSDOT (Washington State Department of Transportation) stated that there were no problems with Klickitat County’s selection process.

Engineer Hedges said that a new gate has been installed at the Trout Lake Quarry to keep unauthorized people out of the stockpile area.

Engineer Hedges said that he paid a site visit to investigate complaints from a resident of Garden Lane in Dallesport about a tree in the county right-of-way whose limbs threatened his home. Engineer Hedges said that the tree is healthy and he doesn’t believe that it poses any threat to the house, though the department will re-evaluate the situation when they are in that area to do limning and brush cutting.

Responding to Chairman Thayer’s concerns regarding the bid opening notice for Snowden Area Crushing (Item 5 of today’s Consent Agenda) Engineer Hedges stated that their major goal is a long term quarry for that area. Chairman Thayer suggested that the department evaluate what their rock needs are for this year before they commit to a potentially expensive crushing and stockpiling contract, adding that they should try to find a stockpiling site in closer proximity to the Bristol Road project. Director Smith suggested that the bid notice be pulled so that they can further evaluate the proposed terms of the contract. Engineer Hedges noted that a reduction in the amounts of crushed rock could lead to a contract that could be handled through the small works roster.

Director Smith noted the receipt of correspondence expressing concerns about the construction of dikes and other structures that affect storm water runoff, both in the communities of Trout Lake and Suburbia. He suggested that the Board may wish to consider what the county’s responsibility is and if there is a need to strengthen the county’s flood management ordinance.

Director Smith stated that the department has hired a temporary attendant for the Trout Lake Park. Responding to Commissioner Frey’s inquiry, Director Smith said that the self-serve collection boxes haven’t as yet been installed.

Director Smith stated that they are researching costs to connect maintenance facilities in Bickleton, Glenwood Lyle and White Salmon to the county internet via a dialup service, with initial costs rather uncertain at this time. He added that the new connections would be used for downloading time cards for the new maintenance program. Engineer Hedges noted that the road foremen will need to be trained to do this task.

Director Smith said that he would like to develop a policy on requiring road improvements as a condition of property development. Executive Secretary Cris McEwen responded that a two hour workshop session has been scheduled for May 18, which could be expanded to three hours.

Director Smith stated that they are already seeing positive results from creation of the Utilities/Facilities Specialist, including better oversight of some permitting processes. Related to this, Director Smith stated that he has prepared a draft letter to address the problem of non-permitted road accesses. He suggested that those residents who have a non-permitted access be given perhaps 15 or 30 days to apply for a permit to come into compliance. The Board reached consensus to allow for a 30 day response time.

Director Smith stated that PPM Energy, Inc. has resumed work on their wind energy project, using Middle Road and Roosevelt Grade Road to haul their turbines and other equipment. Engineer Hedges added that Rabanco (manager of the Roosevelt Regional Landfill) will hold off on repairs to their private haul road until the turbines have been delivered, noting that if repairs were done prior to this Rabanco’s trucks would have to use Roosevelt Grade Road, causing congestion because their trucks and PPM’s would be using the road at the same time.

Commissioner Frey asked if the Public Works Department would inspect Dooley Road to determine if there was any damage to the pavement.

Morning Workshop Session – Tuesday, May 2, 2006 (Continued)

11:10 AM – Department of Natural Resources Update

The following Department of Natural Resources (DNR) representatives were in attendance: Southeast Region Natural Areas Program Manager Courtney Bennett, DNR District Manager for Klickitat County Pete Stocks, and Americorps Volunteer Kathy Turner.

Manager Bennett began their briefing by providing a number of handouts and discussing the Natural Areas Preserves (NAPs) that the DNR manages primarily for research and educational purposes. She noted that the state legislature recently passed legislation allowing some limited public use also. Ms. Turner added that Klickitat County has five NAP sites, totaling approximately 4,500 acres. Manager Bennett noted that some of the handouts explained why these sites were chosen to be part of the NAP program.

Manager Bennett then turned to a second DNR land designation called Natural Resources Conservation Areas (NRCAs) and noted that they will have an open house this evening in Glenwood to involve the public in the Klickitat Canyon NRCA, which consists of 470 acres about three miles northeast of Glenwood in Yakima County, but bordering Klickitat County. She added that the DNR is proposing to expand this NRCA to include perhaps 1,200 acres, including a small portion in Klickitat County. The expansion would extend protection to a Sandhill Crane nesting area and also rare plant habitat. Manager Stocks stated that the public is allowed in NRCAs, so long as these areas are not disturbed.

Manager Stocks also provided the Board with maps detailing recent private land acquisitions in the southern slopes of the Simcoe Mountains north of Goldendale.

Lunch Recess

The Board recessed for lunch at 11:55 AM

Call to Order/Roll Call

Regular Meeting for Tuesday, May 2, 2006

Chairman Ray Thayer reconvened the meeting at 1:08 PM.

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

Agenda

Business Agenda

Approved (M/Struck, S/Frey. Passed unanimously) the Business Agenda with one addition, that being proposed addendums to the Timber/Cattle Patrol contracts.

Approval of Commissioner Meeting Minutes

Approved (M/Frey, S/Struck. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for April 18, 2006 as presented.

Citizen Comment

There was no one present wishing to provide public comment.

Old Business

Port of Bingen Building 1-E Project/Funding Update

Attendance: Port of Klickitat Executive Director Dianne Sherwood, Port of Klickitat Commissioner Rodger Ford, Economic Development Specialist/Interim Director Wayne Wooster, Economic Development Administrative Assistant Kathy Norton, Consultant Miland Walling, Chief Financial Officer Glen Chipman and county residents Mike Smith, Jim Riley and Vickie Drew.

Director Sherwood began her update by providing a brief history of the project to construct Building 1-E at Port property in Bingen, which was started in March of 2005. She added that the Washington State Community Economic Revitalization Board granted preliminary approval of the project that May, and in August of 2005 the Port and Klickitat County entered into an Interlocal Funding Assistance Agreement to provide a $300,000 loan for construction funding.

Director Sherwood then noted that a soils analysis was completed in September of 2005 and showed on-site liquefaction, which lead to over $100,000 of extra expense to do a “preload”. Other factors lead to other unforeseen expenses, including significant increases in the cost of steel and concrete. To counteract, the Port is recommending various deletions involving parking, landscaping and a reduction in square footage. She noted that Insitu, the client planning to move into the building, also agreed to accept just the building shell. Director Sherwood added that Insitu has created over 130 additional jobs within the county in just a year’s time, and the Port remains very committed to this project and asked that the county renew its pledge to provide the $300,000 loan. Director Sherwood then provided a handout showing projected construction costs of nearly $1.7 million, emphasizing that this is just an estimate and actual bids will be opened near the end of the month.

Commissioner Struck asked if there were any questions or statements from the public and there was no response. Commissioner Frey expressed support for renewing the $300,000 loan because it seems to be a county obligation. Chairman Thayer agreed, stating that the county had made a commitment. Responding to an inquiry from Commissioner Struck, Director Sherwood stated that Insitu has expressed a commitment to stay at the Bingen site, adding that the building is estimated to take five to six months to build from start to finish.

The Board reached consensus to make a commitment to provide the $300,000 loan, noting that a formal vote will happen sometime in the future.

Elected Official Reports

Auditor’s Department Update

Klickitat County Auditor Diana Pafford and Public Health Director Kevin Barry revisited last week’s issue regarding a part-time Health Department employee who was directed by the Personnel and Auditor Departments to take vacation time for a day of the week she normally worked, the day having been taken off because it exchanged for another day she was normally off. Chairman Thayer stated that there should only be concern for the number of days/hours worked and not the particular days of the week that are being taken off. He stated that once a department director or elected official approves a time sheet, there shouldn’t be a need for further auditing in situations such as this. Commissioner Struck noted that Director Barry had previously agreed to provide a memo when there was such a change for a part-time employee and Director Barry responded that he would do so when there was opportunity to do this ahead of time. Auditor Pafford reiterated that she was just seeking direction from the Board and would now instruct her deputy in charge of payroll to audit to this new procedure as requested by the Board.

Auditor Pafford stated that they should be receiving the new touch-screen voting machines next week and will shortly thereafter begin training, noting that there is a need for new poll workers.

Auditor Pafford reported that voters in the Goldendale School District easily passed their levy last week and the Canvassing Board will meet tomorrow to certify the levy elections that occurred.

Auditor Pafford said that they are expecting a ruling from the Yakima Superior Court regarding the White Salmon Mayor recall election.

Prosecutor’s Office Update

Prosecuting Attorney Tim O'Neill stated that his office has now filed ninety felony cases and the number of juvenile cases now numbers forty.

Prosecutor O’Neill stated that he has approved (as to form) addendums to the Timber/Cattle Patrol contracts, noting that the new language making these two positions casual employees will have the effect of providing county liability coverage for the positions.

Prosecutor O’Neill said that there have been discussions regarding the creation of a county ordinance to govern outdoor music festivals.

Prosecutor O’Neill remarked that White Salmon Mayor Roger Holen has retained legal counsel in the matter of the effort to recall him. There will be arguments heard in Yakima Superior Court tomorrow.

Prosecutor O’Neill said that his department is exploring the purchase of case management software that would allow streamlining of many of their procedures. He added that he expects to make a proposal to the Board in the near future.

Miscellaneous Reports/Comments

Discussion on 2007 Department of Ecology Burn Ban

Washington State Department of Ecology (DOE) representatives Holly Myers and Maureen McCormick presented information regarding new rules on Land Clearing burning which will be prohibited in areas where population density is greater than 1,000 residents per square mile, starting in January 2007. They noted that the effect on Klickitat County will be minimal because these population densities occur only in limited portions of Bingen, White Salmon and Goldendale and also, the new rules will not affect agricultural or timber burns.

Discussion on the Saxton Bane Road Project

Goldendale area resident Francis Sanders asked the Board why the Saxton Bane Road project was so limited in the length of roadway that would be paved. Chairman Thayer responded that the county faces economic restrictions on how much surfacing can be accomplished at a particular time, adding that the project will reduce the amount of gravel road that Mr. Sanders must travel on.

Old Business

Public Meeting – Consider Final Approval of Short Plat No. SPL2005-21: Applicant: Todd Collins

Granted (M/Struck, S/Frey. Passed unanimously) final approval of Short Plat No. SPL2005-21 which divides Lot 1 of Short Plat No. SP-99-53 into four lots, the applicant being Todd Collins. Associate Planner Jannette Herrington noted in her staff review that the applicant, who was present to answer any questions, had reached an agreement with the Washington Department of Fish and Wildlife (WDFW) to resolve WDFW’s issues regarding setbacks from the White Salmon River.

Public Meeting – Consider Final Approval of Short Plat No. SPL2005-20: Applicant: Todd Collins

Granted (M/Struck, S/Frey. Passed unanimously) final approval of Short Plat No. SPL2005-20 which divides Lot 2 of Short Plat No. SP-99-53 into four lots, the applicant being Todd Collins. Planner Herrington again noted that setback issues between the applicant and WDFW had been resolved.

Addendums to Timber/Cattle Patrol Contracts

*

Approved (M/Frey, S/Struck. Passed unanimously) an Addendum (#C08906) to the Independent Contract For Law Enforcement Services, Contract #C00306, with Robert Songer, and an Addendum (#C09006) to the Independent Contract For Law Enforcement Services, Contract #C00406, with Welch’s Livestock and Timber Patrol, Inc. Commissioner Struck noted that the only change is that these two addendums replace all references to “Contractor” with “Casual Employee”.

Consent Agenda

Approved (M/Struck, S/Frey. Passed unanimously) the Consent Agenda except for item 2 and Item 5 for future consideration.

*

1. Resolution #07706 in the matter of a petition requesting annexation of certain properties into the Klickitat County Fire Protection District No. 3.

2. (Pulled) Professional Service Contract between Klickitat County and Abacus Technology Corporation for the upgrade and improvement of the dispatch center and mobile communications vehicles.

*

3. Memorandum from the Planning Department scheduling a public meeting for 1:30 PM on Tuesday, May 9, 2006 to consider reduction of road right-of-way for Jennings Road; Short Plat No. SPL2005-43; Applicant: Imogene Marshall.

*

4. Amendment No. 8 (#C09106) to the 2005-2006 Consolidated Contract between the Washington State Department of Health and Klickitat County (Health Department).

5. (Pulled) Notice to Contractors/Scheduling a Bid Opening for 1:30 PM on Tuesday, May 30, 2006 for Snowden Area Crushing, WP-28.

*

6. Resolution #07806 in the matter of amending county park rules and fee schedules governing use of the Guler – Mt. Adams County Park in Trout Lake.

*

7. Authorization to Hire a temporary Right-of-Way Technician on a casual basis for $40 per hour.

*

8. Authorization to Hire a temporary Senior Engineering Technician on a casual basis for $25 per hour.

*

9. Request for acceptance of bids for installation of automatic door controls for the main entrance of Annex I ($3,261.00) and for the Senior Services entrance of the Pioneer Center ($5,399.50).

*

10. Request for acceptance of a bid from Top Notch Tilling in the amount of $11,072.50 for installation of an automatic underground irrigation system at the Fairgrounds.

*

11. Request for concurrence to purchase a trailer mounted hot pressure washer for use at the Dallesport Wastewater Treatment Facility.

*

12. Resolution #07906 in the matter of appointing a hearings examiner to hear an appeal to the SEPA determination for the Windy Point Wind Project.

Payment Approvals

Road Department Payments

*

Approved (M/Frey, S/Struck. Passed unanimously) a release of retainage to Todd Construction, Inc., in the amount of $189,530.00 for the Pioneer Center project.

Voucher Certification and Approval

*

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

Accounts Payable: (#154782 – 154976 and cancelled warrants # 154271, 154407, 154034, 154005 & 154408) for a net of $158,5448.18

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

Executive Session

Executive Session – Pending and Potential Litigation

The Board convened into Executive Session at 4:10 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 Housden matter, Condit Dam, a SEPA appeal and two criminal matters. It was noted that the session would last for 10 minutes.

The Board reconvened back to Regular Session at 4:20 PM.

Miscellaneous Reports/Comments

Personnel Director Lori Wolford discussed county policy that prohibits the hiring of relatives into the same department as current employees, stating that there are relatives of Building and Grounds Division employees applying for positions in the Public Works Department. Noting that the Building and Grounds Division was once its own separate department before becoming a part of Public Works, Director Wolford suggested that the Board may wish to draw a line between the two in regard to this hiring policy. After brief discussion the Board reached consensus that for the purposes of hiring they would consider the two units as being separate.

Adjournment (4:38 PM)

Motion by Commissioner Struck to adjourn the meeting, noting that there are no workshops later in the week because the Board will be attending the Washington State Association of Counties Eastern District meeting in Wenatchee. Seconded by Commissioner Frey and passed unanimously.

*

Reference Document on File