Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, June 20^th, 2006

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, June 20, 2006

Chairman Ray Thayer called the meeting to order at 10:07 AM.

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

Workshop Session Agenda

10:07 AM – Discussion of the Jail Inmate Meal Contract

Jeff Adams expressed his disappointment at not being selected to provide meals to the inmates in the County Jail. Mr. Adams said that it was his understanding that it was county policy to attempt to award contracts to local contractors whenever possible and stating that his bid was the same as the present vendor which is headquartered in Pennsylvania. He added that he has extensive experience in providing meals to large numbers of firefighters. Chairman Thayer responded that the Board would discuss the issue with Sheriff Chris Mace.

10:12 AM – Public Works Department Update

Attendance: Public Works Director/County Engineer Scott Smith and Goldendale residents Daniel Lichtenwald and James Daniel.

As reported last week Director Smith noted that a geotechnical consulting firm has been hired to provide the county a preliminary assessment of the BZ Glenwood Highway landslide at a cost not to exceed $5,000. He noted that the cost for exploratory drilling and a more detailed assessment will be much higher.

Director Smith said that drilling on 11 miles of Hoctor Road to gain subgrade samples will begin either this afternoon or tomorrow. He added that the contract for this pavement testing will be on next week’s agenda, as well as a design submittal.

Director Smith stated that he approached Benton County to gauge their interest in striping Klickitat County roads, but they declined due to liability issues. He noted that he will put out a bid proposal soon. In response to inquiries made by Chairman Thayer, Director Smith said that Clark County (which had done the striping in previous years) was no longer interested, and he did not attempt to contact any counties in Oregon.

Director Smith requested Board permission to install a combination lock on one of the entrances to the Pioneer Center and then provide the combination to the local fire department to give them access in case of fire. The Board reached consensus to approve.

Director Smith said that the department has exhausted their supply of Tips for Country Living and requested that more be ordered. He stated that he was unsure how many they needed and would get further information. Commissioner Frey suggested that it might be appropriate to review the booklet to determine if there were any revisions that might need to be made.

Director Smith stated that he will be preparing additional information for the Board in regard to a request to vacate a portion of the right-of-way of Market Street in Bickleton.

Director Smith said that he attended the Washington State Association of County Engineers annual conference last week and gained some valuable information. He noted that there was discussion on the need to compel developers to upgrade roads to the proper standards as they are requesting approval of their projects. Director Smith noted also that, conversely, there are situations where counties find that roads within their own systems are not up to the same standards as roads within subdivisions.

Director Smith stated that other information he received at the conference indicated that the state is changing the way it allocates federal funds for road construction and instead of the present situation where money is distributed largely on the basis of county populations, there will be more emphasis on the counties submitting projects in a statewide competitive process where the state selects the best projects for funding. Related to this, Director Smith stated that the state will place more conditions on the awarding of road construction funds to the counties, including the need to go through the state’s Historical Preservation Office. He noted that more information would be forthcoming.

Director Smith stated that Washington State is also considering raising the allowed percentage of in-house or day labor projects, noting that this could be a benefit to Klickitat County. Also discussed at the conference was the issue of road safety. Director Smith used the example of Alderdale Road, noting that despite improvements several years ago that made the road very safe, there have been a number of accidents in recent years (three fatalities in five years) and these accidents might be attributed to excessive speed and impaired driving.

Responding to an inquiry from Commissioner Frey, Director Smith said that the Quit Claim Deed would grant use of a road located on the west side of county property at the Klickitat Mill site to property owners to the north. He added that he doesn’t believe that there is an alternate access for these property owners. Commissioner Frey noted that the information provided does not include a map and Chairman Thayer added that the information seems quite limited and the grantee should be requested to provide a map. Director Smith responded that the item should be pulled and he will then make an effort to provide further information to the Board.

Chairman Thayer said he noticed that the low bidder at last week’s bid opening for snow plow and sanding equipment was not awarded the bid (Item 8 of today’s Consent Agenda). Director Smith replied that he would investigate.

Chairman Thayer stated that he drove that section of Hoctor Road where subgrade samples will be taken from. He recommended more frequent sampling be done on the weak sections of the road and also asked how these costs get shared with the wind power contractors. Director Smith responded that he would look into adjusting where the samplings are taken from and would also propose a road haul agreement and perhaps a latecomer’s agreement to recoup some of these county expenditures.

Chairman Thayer said that he drove Bristol Road last Friday and had some ideas about how to reduce the cost of the reconstruction project. He suggested that Commissioner Struck and Engineer Hedges meet with him there at a later time to discuss his suggestions.

Director Smith said that the contractor for the Randall Road project is now on-site, as is temporary Senior Engineering Technician Emmett Miller who will be providing training to some of the newer inspectors.

Morning Workshop Session – Tuesday, June 20, 2006 (Continued)

11:01 AM – Economic Development Department Update

Interim Economic Development Director Glen Chipman began his briefing by stating that he attended the MCCOG (Mid-Columbia Council of Government) meeting held last Thursday, June 8. Among the highlights:

• A steering committee is being created to study affordable housing issues and how they impact the workforce situation in the region.
• The Columbia Gorge Community College will implement a wind-energy technician curriculum offering, hopefully by this coming winter.
• The Dalles is considering the annexation of areas within its urban growth boundary in order to be able to offer more industrial and commercial property, noting that virtually all of The Dalles’ developable property is now gone.
• There was also discussion regarding proposals to develop the Broughton Mill site west of Bingen that is now before the Gorge Commission.

Director Chipman said that he has conducted interviews with a number of individuals in preparation for his assessment of the department. He said that initial recommendations should be available for Board review by next week.

Director Chipman stated that 15 applications for the Economic Development Director position have been received as of last Friday and he will begin reviewing them this week.

Director Chipman said that he attended the Tourism Advisory Board meeting on June 12. In related matters, Director Chipman stated that he has had discussions with Prosecuting Attorney Tim O'Neill and County Auditor Diana Pafford regarding the interruption of state hotel/motel tax revenues going to the two Chambers of Commerce. He said that it is hoped that a solution will be found very soon, perhaps this week.

Director Chipman stated that Kathy Norton, the department’s Administrative Assistant had her annual evaluation last week.

Director Chipman stated that he took part in a conference call with Planning Director Curt Dreyer and potential Dallesport developers.

Director Chipman stated that last week’s visit by Lieutenant Governor Brad Owen went very well by his estimation, and the Lieutenant Governor will be involved in work sessions with state agencies in order to find options and solutions to White Salmon’s water problems.

Director Chipman said that after assessing expenditures involving Consultant Miland Walling’s work for the county, there may not be a need for a supplemental budget after all.

Director Chipman stated that he and Chairman Thayer met with Klickitat School Superintendent Jerry Lynch to discuss a possible extension (to perhaps July of 2008) of the community’s agreement with the county for remodeling their community center. It was also noted that funds that have been set aside may need to be transferred to another fund to make them available for the community’s purposes.

Finally, Director Chipman asked the Board if they wished to convene the Klickitat County Public Economic Development Authority (EDA), noting that the next meeting has been tentatively scheduled for next month on July 13. He suggested that the Board may wish to have the EDA involved in the selection process for the next Economic Development Director. After some discussion it was agreed that the time frame would be too short and the EDA meeting should be delayed until August. Chairman Thayer stated that the EDA’s Executive Board should be involved in the Economic Development Director’s selection.

Lunch Recess

The Board recessed for lunch at 11:35 AM.

Call to Order/Roll Call

Regular Meeting for Tuesday, June 20, 2006

Chairman Ray Thayer reconvened the meeting at 1:04 PM.

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

Agenda

Business Agenda

Approved (M/Frey, S/Struck. Passed unanimously) the Business Agenda with one addition: consideration of a request from the Auditor’s Office to advertise for the Senior Accountant position.

Approval of Commissioner Meeting Minutes

Approved (M/Struck, S/Frey. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for June 13, 2006 as presented.

Citizen Comment

There was no one present wishing to provide public comment.

Public Meetings/Public Hearings/Bid Openings

Public Meetings: Consider Final Approval of Short Plats SPL2005-07 and SPL2006-13

Chairman Thayer noted for the record that the two public meetings scheduled for this date have been postponed until Tuesday, June 27, 2006 at 3:00 PM.

Public Hearing: Consider an Appeal to the Planning Commission Recommendation, Preliminary Plat SUB2006-01; Appellant: Brad Gearhart

Continued (M/Frey, S/Struck. Passed unanimously) the public hearing until Tuesday, July 11, 2006 at 2:30 PM. prior to the motion to continue the public hearing proceeded as follows with Chairman Thayer first opening the hearing and asking for a staff review:

Associate Planner Jannette Herrington stated that Columbia Vineyard Estates (SUB2006-01) proposes to divide approximately 30 acres in the Murdock area into 7 lots, with Lot 7 being 26.82 acres. She added that the Planning Commission held a public hearing on April 6, 2006 on this proposed subdivision and, after developing findings and conclusions, recommended that the Board of Commissioners grant preliminary approval but with the condition that the lots be restricted to residential use only. The applicant has appealed the condition restricting uses to residential because he has expressed interest in developing a winery.

Planner Herrington then stated that the Board’s review of this matter has two purposes: first, they will consider the applicant’s appeal as submitted, and then secondly the Board will decide whether to accept or reject the Planning Commission’s recommendation to grant preliminary approval. Therefore, if the Board finds that the condition restricting uses to residential should be applied in this instance they may summarily grant preliminary plat approval. But if the Board decides that this condition should be removed it will need to develop new findings of fact and conclusions to support that decision.

Planning Director Curt Dreyer then provided further information, stating that the applicant presented information at the April 6 Planning Commission public hearing indicating that this would be a residential subdivision and the perk tests that were submitted were also based upon residential use. Director Dreyer also noted a letter from the rural fire district expressing concerns about emergency ingress and egress, and therefore recommended a cul-de-sac, so in response Director Dreyer said that he made the suggestion that the subdivision be limited to residential use only. Director Dreyer reported that after the public hearing Mr. Gearhart advised him of his interest in establishing a winery, and after being presented the various options available, Mr. Gearhart chose to appeal, thus commencing the process leading to this public hearing.

Responding to Chairman Thayer’s invitation, Mr. Gearhart reminded that the Rural Center zoning allows for commercial use, adding that although he has no plans at this time for a winery or tasting room, he does not want to be restricted from this use in the future. He stated that he is aware of the traffic concerns of his neighbors but indicated that whatever plans were developed he would conform to zoning and all other restrictions.

Chairman Thayer then opened the proceedings to testimony of all interested parties and John Caputo of Murdock said that he is against the establishment of a winery in his neighborhood. He added that a turn lane would have to be created on State Route 14 to accommodate vehicles turning left.

Jerry Sweet, also of Murdock noted the informational packet that had previously been sent and stated that it was an indication that virtually all neighboring residents are opposed to a winery. He noted that Section 2.91 of the county’s zoning code states that commercial enterprises in Rural Center zones must be for the convenience of county residents and that there must be a need for any new business. But with eight existing wineries in the vicinity, there wouldn’t seem to be a need for any more. Mr. Sweet added that this proposal hasn’t been adequately explained, noting that Mr. Gearhart could build a 40 foot tall structure if commercial use was allowed. Mr. Sweet also mentioned traffic concerns, stating that there is no room for a turn lane without extensive new construction. He also noted the 60 MPH speed limit on SR 14 doesn’t contribute to a safe situation.

Tom Sofie, another Murdock resident stated that due to the proximity of his property he would be significantly impacted by the lights, noise, traffic and parking situation that a winery would cause and he agrees with the statements made by Mr. Sweet that commercial use should not be allowed. He added that instead of a cul-de-sac a road should be built to go all the way through to provide an alternate exit in case of fire.

Bert Arndt of Murdock said that he also agrees with comments made by Mr. Sweet. Mr. Arndt expressed special concern that granting the full range of commercial uses would allow the applicant a “foot in the door” with even the possibility of amphitheater-type entertainment, as is at the Maryhill Winery, and other disrupting activities.

Don McDermott said that he owns property, including a vineyard, to the east of the property in question. He stated that income produced from just grape production isn’t viable and landowners need to have the option of establishing a winery. He added that if Mr. Gearhart isn’t allowed to establish a winery, it could mean that he won’t have that option either. Mr. McDermott noted that Walla Walla has over 60 viable wineries in a small geographic area, so he does not see a problem if Mr. Gearhart wants to establish a small winery with limited parking, but he would be against a large winery.

Chairman Thayer invited the applicant/appellant to provide rebuttal and Mr. Gearhart stated that when he bought this property it was zoned Rural Center and he is not asking for a zone change but only to be allowed commercial use for one or two lots. He added that “his hands are tied” and he has limited options in how he can use this property.

During the clarification portion of the proceedings Director Dreyer again noted that the plat application had no mention of commercial use and this is why he thought that the applicant would have no objection to a restriction on commercial uses. But now that he understands the applicant’s situation, Director Dreyer suggested that the Board seek a legal opinion from the Prosecuting Attorney to get clarification on the legal aspects of restricting commercial uses.

Commissioner Struck agreed, and then asked if the applicant might be required to submit an amended SEPA checklist. Director Dreyer responded that this would be another question to ask the Prosecuting Attorney.

Chairman Thayer stated that if the applicant had disclosed his interest in commercial uses the Planning Commission most likely would have handled the matter in an entirely different manner. The Board reached consensus that clarification was needed in order to proceed, at which time Commissioner Frey made the motion to continue.

Elected Official Report

Auditor’s Office Update

Approved (M/Frey, S/Struck. Passed unanimously) an Authorization to Hire the Senior Accountant in the Auditor’s Office at Range 17, Step A through D, depending upon qualifications. County Auditor Diana Pafford noted that the department’s Senior Accountant position was vacated yesterday, June 19, and she requested Board approval to begin the process of filling the position as soon as possible.

Auditor Pafford said that her office has now completed canvassing the signatures received on the effort to recall White Salmon Mayor Roger Holen and found that there were a sufficient number of valid signatures to go forward and the recall election has now been set for August 15. She noted that if Mayor Holen chose to resign, and if it was done soon enough, they would not have to go forward with their preparations for the election.

Auditor Pafford stated that she was contacted by Linda Schneider, the Executive Director of Washington Gorge Action Programs (WGAP), for county funding for their administration of a homeless housing plan for the county. Auditor Pafford noted however that although Resolution #21205 designates WGAP as administrator of a homeless housing plan, there is no contract between Klickitat County and WGAP at the present time and she suggested to Director Schneider that WGAP present a plan to the Board. Chief Financial Officer Glen Chipman said it was his understanding that oversight for such a plan would come from the state level and WGAP might contact Washington State for funding. Auditor Pafford said she would relay this information to Director Schneider.

Auditor Pafford said that poll worker training is going forward and they are also doing a mass mailing to all registered voters as is now required by the federal government every two years, noting that the cost is about $2,000.

Auditor Pafford said that she has been working with Prosecuting Attorney Tim O'Neill and Chief Financial Officer Glen Chipman to resolve the hotel/motel tax revenue issue, noting that they have created a billing form. But there is still need for clarification to get these payments released to the two Chambers of Commerce.

Department Update/Comment

Personnel Department Update

Approved (M/Frey, S/Struck. Passed unanimously) an Authorization to Hire a Chief Appraiser in the Assessor’s Office at Range 19, Step A through D. Personnel Director Lori Wolford stated that this would be to replace the Chief Appraiser, who has retired.

Approved (M/Frey, S/Struck. Question: Thayer and Frey voted in favor. Struck voted against. Motion passed) an Authorization to pay outside the base rate for a Public Health Nurse in the Public Health Department at Range 18, Step C. Prior to the motion Director Wolford said that there is a difference of opinion between herself and Public Health Director Kevin Barry on the salary level to offer, stating that she favors Range 18, Step B because of the limited experience that the prospective employee has. Director Barry responded that he believes that it is the Department Head that has the prerogative to suggest a salary range, which he would offer at Step C, and he believes that this candidate has more experience than is apparent on the Personnel Department’s evaluation form and could justify a salary level higher than Step C.

Chairman Thayer said that the Board needs further clarification regarding an issue from the June 6 Public Works workshop regarding a position in Building and Grounds that was believed to be incorrectly classified. The Board noted that they would discuss the issue at the next regularly scheduled workshop with the Public Works Department on June 27.

Chairman Thayer stated that due to time constraints the Board would not have the opportunity to discuss proposed revisions to the Klickitat County Personnel Policy regarding travel and transportation procedures and it will have to be rescheduled.

Miscellaneous Reports/Comments

Columbia River Gorge Commission Update

Columbia River Gorge Commissioner Kenn Adcock introduced newly appointed Gorge Commission Interim Director Al Wright who provided the Board a handout on the Commission’s budget request to Oregon and Washington State. Director Wright noted that this request totals nearly $900,000 to each state.

Commissioner Adcock and Director Wright also discussed the costs of enforcement of the Gorge Ordinances and Director Wright stated that he believed it would be to their mutual benefit if Klickitat County would agree to be involved and urged the Board consider signing on as has the other five counties in the Scenic Area. Commissioner Frey said that they appreciate the offer but the Board would decline at this time.

Commissioner Adcock also discussed the Lyle Urban Boundary issue, noting that the Gorge Commission’s Senior Planner Brian Litt had returned the county’s application as incomplete. Planning Director Curt Dreyer responded that they are planning to resubmit the application for expansion with a supplement dealing with the Western Gray Squirrel.

Commissioner Struck Leaves

For the record Commissioner Struck left the meeting at 3:28 PM to attend a meeting of the Klickitat County Port District.

Consent Agenda

Approved (M/Frey, S/Struck. Passed unanimously) the Consent Agenda except for Item 10 to be resubmitted after changes are made. Chairman Thayer also noted that the Board has received clarification on Item 8 that indicated that the low bidder had not met specifications:

*

1. Resolution #09706 in the matter of authorizing the Code Compliance Officer to commence proceedings to cause the abatement of a nuisance on Parcel No. 04-12-0954-0013/00 – Paul Brace.

*

2. Resolution #09806 in the matter of authorizing the Code Compliance Officer to commence proceedings to cause the abatement of a nuisance on Parcel No. 04-13-2814-0008/00 – Howard and Brenda Clack.

*

3. Notice of invitation to bidders and scheduling of a bid opening for 1:30 PM on Tuesday, July 18, 2006 for improvements to 0.72 mile of Thompson Road, County Road Number 26920, CRP #270, by excavation, grading, installing drainage structures, providing and placing road surface and other related work.

*

4. Extension of the Intergovernmental Agreement (#C12206) to House Juvenile Detainees between Northern Oregon Corrections (NORCOR) and Klickitat County extending the contract term to July 1, 2006 through June 30, 2007 at a rate of $100.00 per day.

*

5. Independent Contract for Law Enforcement Services (#C12306) between Klickitat County in association with the Timber and Cattle Association, and Robert L. Songer to provide law enforcement services for the enforcement of livestock, agricultural and timber related laws within certain areas of Klickitat County. This contract is effective June 1, 2006 and shall remain in effect through December 31, 2006.

*

6. Memorandum from the Planning Department scheduling public meetings for 1:30 PM on Tuesday, July 11, 2006 to consider the following:

· Consider Planning Commission recommendation for approval of rezone from FR (Forest Resource) to RR2 (Rural Residential/2 acre minimum) in Trout Lake, ZON2006-02; Applicants: Smith/Villegas; and

· Consider Planning Commission recommendation for approval of rezone from SR (Suburban Residential) to GC (General Commercial) in Lyle, ZON2006-02 & Comprehensive Plan Amendment NO. CPA2006-01; Applicant: Western Estates.

*

7. Interlocal Consortium Agreement (#C12406) under the Workforce Investment Act of 1998 among Yakima County, Kittitas County, Klickitat County and Skamania to provide workforce investment activities that increase the employment, retention, and earnings of participants, and increase occupation skill attainment by participants, to improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.

*

8. Resolution #09906 accepting the bid and authorizing the Public Works Department to purchase two (2) new steel flat bed bodies, snow plows and V hopper sand spreaders from Frontier Ford, Anacortes, Washington as bid in the amount of $38,769.23 to be mounted on two 2006 Ford F-450’s.

*

9. Washington Health Foundation Rural Health Leadership Grant Contract (#C12506) awarding funds in the amount of $30,230.00 to Klickitat County (Health Department) to support community programs encouraging healthy food choices and physical activity.

10. (Pulled) Quit Claim Deed between Klickitat County as grantor and Robert E. Stanton and Mary E. Spence as grantees, granting a 60 foot wide easement across the County owned portion of the Klickitat Mill site to allow access to the grantee’s property to the north.

Payment Approvals

Voucher Certification and Approval

*

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

Accounts Payable: (#156282 – 156474 and an electronic transfer to the Washington State Department of Revenue) $695,377.75

Elected Official Report/Update

Prosecuting Attorney Update

Prosecuting Attorney Tim O'Neill stated he has reviewed a large volume of contracts in the last few days.

Prosecutor O’Neill said that the Civil Service Commission is now meeting twice a month in order to complete their workload.

Prosecutor O’Neill briefly discussed public defender contracts and Executive Secretary Cris McEwen suggested that Prosecutor O’Neill talk to Chief Financial Officer Glen Chipman to get an update on unresolved issues.

Executive Session

Executive Session – Pending and Potential Litigation

The Board convened into Executive Session at 3:47 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 four matters including a claim and a potential claim. It was noted that the session would last until 4:00 PM (13 minutes).

The Board reconvened back to Regular Session at 4:00 PM.

Adjournment

Motion by Commissioner Frey to adjourn the meeting at 4:05 PM. Seconded by Chairman Thayer and passed unanimously.

*

Reference Document on File