Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, June 26, 2012

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, June 26, 2012

Chairman Ray Thayer called the meeting to order at 10:00 AM. Commissioners present: David M. Sauter, Rex F. Johnston and Ray Thayer.

10:00 AM – Public Works Department Update

Attendance: Public Works Director Gordon Kelsey and Assistant County Engineer Jeff Hunter.

Public Works Director Gordon Kelsey provided a brief overview of bid openings for the Grinding project and for the Oak Ridge Road project. A review of Consent Agenda items followed.

Director Kelsey provided a Construction Program update, noting that the striping contractor started striping this week.

Director Kelsey indicated that the east end road maintenance crew is placing the second shot of BST on Hale Road and the west end crew has been working on the ground work for the new dispatch center.

Director Kelsey requested and received concurrence from the Board to re-fill a temporary facilities position.

Director Kelsey advised that a contract supplemental for additional work for the dispatch center has been added to the Board’s afternoon agenda under unfinished business. Concrete walls, stairway, and sidewalks that were originally planned as site work needs to be added to ADCOMM’s scope of work due to constructability and sequencing issues.

Director Kelsey reported that the county has received an additional $95,000 in State CAPP (County Arterial Preservation Program) funds which will be used for the maintenance of artial surfaces.

Assistant County Engineer Jeff Hunter requested and received Board approval to bring back bid award recommendations later in the afternoon to award bids for the Grinding and Oak Ridge Road Projects.

The Board had a brief discussion regarding a possible rock source on Brewer Road. Commissioner Sauter indicated that if there is value to the county he would like to pursue the possibly of utilizing the rock source.

Civil Service Commission members: Discuss the proposal to remove the testing methods for hiring from the Civil Service Commission

11:00 AM - Miscellaneous Update/Review

Attendance: Civil Service Commission member Jim Keightley and Chief Examiner/Secretary Courtney Bridgefarmer, Prosecuting Attorney Lori Hoctor, Sheriff Rick McComas and Undersheriff Jolene Kallio.

The Board held a discussion concerning a union negotiation proposal to remove the testing methods for hiring law enforcement personnel from the Civil Service Commission. Civil Service Secretary Courtney Bridgefarmer stated that the Civil Service Commission is very concerned and a legal opinion was requested from the Prosecutor. The Prosecutor has recommended against removing the testing from the Commission.

Civil Service Commissioner Jim Keightley stated that he has reviewed RCW 41 and it is not legally possible to remove the testing from the Civil Service Commission and have the Sheriff’s Office do their own testing in a county of our size, the RCW refers to counties with populations over 1 million.. Mr. Keightley noted that he is concerned that this would be a violation of the law.

Commissioner Sauter noted that he was on the negotiation team and was told that other counties have been doing this and the union agreed to the proposal.

Prosecutor Lori Hoctor indicated that the Civil Services Commission’s roll in testing for hiring can be negotiated away, however it is important to keep fair and equitable hiring practices in place. Prosecutor Hoctor noted that the county’s insurance carrier has indicated that this would be a bad idea and could create liability issues.

Commissioner Sauter stated that he would like a legal opinion from the Prosecutor concerning the main issues. Prosecutor Hoctor asked that the Board submit an opinion request as to what questions the Board would like addressed.

Sheriff Rick McComas stated that the Sheriff’s Office has no intent to dissolve the Civil Service Commission; the Sheriff’s Office was trying to speed up the process and save money. Sheriff McComas indicated that when the proposal was made no comments were received from the Civil Service Commission.

Executive Session in accordance with RCW 42.30.110(1)(g) for the annual performance evaluation of a public employee.

11:20 AM - Annual Performance Evaluation

The Board convened into Executive Session at 11:20 AM in accordance with RCW 42.30.110(1)(g) for the purpose of conducting an annual performance evaluation. It was noted that the session would last forty (40) minutes.

The Board reconvened back to Regular Session at 12:00 Noon.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, June 26, 2012

Chairman Ray Thayer reconvened the meeting at 1:00 PM. Commissioners present: Rex F. Johnston, David Sauter and Ray Thayer.

Agenda

Business Agenda

Approved (M/Sauter, S/Johnston. Passed unanimously): the Business Agenda with Add-ons under Unfinished Business: Supplement #2 with ADCOMM Engineering to add design of concrete walls, stairway and sidewalks in the scope of work for the new dispatch center and bid awards for the Grinding and Oak Ridge Road projects.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

No minutes requiring approval at this time.

Citizen Comment

Columbia Gorge Regional Airport Co-Manager Chuck Covert provided an update on the maintenance hanger project and the runway paving project.

Public Meetings/Public Hearings/Bid Openings

Bid Opening: Grinding, removal, and disposal of woody debris and other work, at various locations in Klickitat County.

Bids forwarded (M/Sauter, S/Johnston. Passed unanimously): to the Public Works Department for their review and recommendation of three (3) bids received for the Grinding, removal and disposal of woody debris and other work, at various locations in Klickitat County, all in accordance with the contract, plans and specifications. Engineer’s estimate: $63,476.00

· Gunkel Construction LLC

Maryhill, Washington

$85,900.00

· Wilson Excavating, Inc.

The Dalles, Oregon

$63,038.50

· Jim Smith Excavating, Inc.

Oregon City, Oregon

Non Responsive Bid

Bid Opening: Improvement of 1.83 miles of Oak Ridge Road CRP 277.

Bids forwarded (M/Sauter, S/Johnston. Passed unanimously): to the Public Works Department for their review and recommendation of five (5) bids received for Improvement of 1.83 miles of Oak Ridge Road, CRP 277 by widening, minor improvements to horizontal and vertical alignments, installing drainage, surfacing, fencing, guardrail and other work, all in accordance with the contract plans, provisions and specifications. Engineer’s estimate $902,300.00.

· Catworks, LLC

Battleground, Washington

$ 987,383.25

· Thompson Brothers Excavating

Vancouver, Washington

$ 930,400.25

· Razz Construction, Inc.

Bellingham, Washington

$1,098,274.05

· Jim Smith Excavating, Inc.

Oregon City, Oregon

$1,161,976.00

· Crestline Construction

The Dalles, Oregon

$ 852,042.00

Public Meeting: Consider acceptance of boundary line adjustment BLA2012-01, which is an alteration of Lot 3 of BLA2002-11, Lot 2 of SP91-15 and Lot 1 of SP87-05; Applicants: Kevin & Diane Schmid, J.W.S. Gladstone, LLC and C.K.S. Gladstone, LLC.

Approved (M/Sauter, S/Johnston. Passed unanimously): Boundary Line Adjustment No. BLA2012-01 which alters Lot 1 SP87-05, Lot 2 of SP97-15 and Lot 3 of BLA2002-11, and grant final approval to the boundary line adjustment; Applicants: Kevin & Diane Schmid, J.W.S. Gladstone LLC and C.K.S. Gladstone LLC.

Associate Planner Crista Schroder provided a review of the proposed boundary line adjustment. The purpose of the adjustment is to add all the farm buildings on to a single lot (Lot 3) and to create a larger lot for the home on Lot 1.

Ms. Schroder reported that the zoning for the property is Extensive Agriculture and the lots as adjusted meet the requirements of the zoning designation. Lot 1 was created in 1987 under the family gift ordinance that was in effect at that time.

The County Health Officer, County Engineer and Planning Director have reviewed the boundary line adjustment and each has signed the boundary line adjustment attesting that there are no violations and county standards, zoning ordinances and any applicable laws and policies have been followed.

Miscellaneous Report/Comment/Request

Linda Schneider, WGAP Executive Director: Emergency Solutions grant

Granted (M/Sauter, S/Johnston. Passed unanimously): Authorization of Chairman signature for the Emergency Solutions Grant Application and Certification Form which will provide $22,104 in grant funding for homelessness prevention assistance to households who would otherwise become homeless and to provide assistance to rapidly re-house persons who are experiencng homelessness. Grant awards resulting from this application are anticipated to cover the period of July 1, 2012 through June 30, 2013.

Washington Gorge Action Programs Executive Director Linda Schneider reported that WGAP is applying for the Emergency Solutions Grant through the Washington State Department of Commerce. The grant allocation for Klickitat County is $22,104 which will be used for short and medium term rental assistance.

Executive Director Schneider advised that the Department of Commerce requires WGAP to obtain approval/certification from Klickitat County.

The funds under this program are intended to target individuals and families who would be homeless but for this assistance. The funds will provide for a variety of assistance, including short-term and medium term rental assistance, housing search and placement and housing stability case management.

Elected Official Report/Update

Prosecuting Attorney’s Update

Prosecuting Attorney Lori Hoctor noted she had no items of a general nature for discussion in open session.

Executive Session: Discuss potential litigation.

The Board convened into Executive Session at 2:08 PM with Prosecuting Attorney Lori Hoctor in accordance with RCW 42.30.110(1)(i) to discuss potential litigation. It was noted that the session would last for five (5) minutes. At 2:13 PM it was announced that the Executive Session would be extended for five (5) minutes.

The Board reconvened back to Regular Session at 2:18 PM.

Consent Agenda

Approved (M/Johnston, S/Sauter. Passed unanimously): the Consent Agenda.

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1) Hangar Lease (C13012) between City of The Dalles, Klickitat County, Columbia Gorge Regional Airport and American Aerospace Engineering LLC which is for lease of Hangar space at the Columbia Gorge Regional Airport. Tenant agrees to pay “landlord” $2,300 per month as rent for the period of January 1, 2012 through December 31, 2012. The monthly rent will increase $100.00 per month each year during the term of the lease beginning on January 1, 2013 with the month rent being $2,400 effective January 1, 2013; $2,500 per month beginning January 1, 2014, $2,600 per month beginning January 1, 2015, and $2,700 per month beginning January 1, 2016. The effective date of this lease is January 1, 2012, continuing through December 31, 2016, unless otherwise terminated as provided in the lease.

2) Second Addendum (C13112) to TLS Site Agreement” between City of The Dalles/Klickitat County and Advanced Navigation & Positioning Corporation extending the term of their hangar lease at the Columbia Gorge Regional Airport. Rent shall be paid on a monthly basis in the sum of $547.00 from August 1, 2011 through April 30, 2012, and then increasing to $584.80 per month beginning on the 1^st day of May, 2012 through July 31, 2016. The base rent of $584.80 shall be increased upon the annual anniversary date of this lease by the amount of increase in the Consumer Price Index for the West Coast, for the most recent period from January to January. The effective date of this addendum is August 1, 2011, continuing through July 31, 2016. All other terms and conditions of the original agreement except as modified by the First Addendum (June 16, 2009) and this addendum shall remain in full force and effect.

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3) Amendment #1 (C13212) to the Interagency Agreement for the Community Transformation Grant between Grant County Health District and Klickitat County (Public Health Department) for the purpose of including additional travel reimbursement funds up to $2,5000 for a Klickitat County representative to attend the American Public Health Association’s mid-year meeting, June 26 – 28, 2012 in Charlotte, N.C.

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4) Letter granting a variance to the County’s burn ban on behalf of The Country Café in Lyle Washington for operation of a barbeque pit for commercial purposes contingent upon compliance with all conditions and restrictions as required by Fire Protection District #4.

5) Notice to contractors and scheduling a bid opening for 1:30 PM on Tuesday, July 10, 2012 for the Saxton Bane Road Project, CRP 304.

6) Notice to contractors and scheduling a bid opening for 1:30 PM on Tuesday, July 10, 2012 for the Dispatch Center Foundation and Electrical Grounding Project.

7) Supplemental Settlement Agreement (C13312) between Klickitat County (Public Works Department) and PacifiCorp for the purpose of resolving all issues between the Parties regarding the effect of the Decommissioning Project on Piers 1 and 4 of the Northwestern Lake Bridge. This Agreement will become effective on the first date on which it has been signed by both Parties and, unless terminated earlier as allowed by Section 4.3 of this Agreement, will remain in effect until all the obligations under this Agreement have been fulfilled.

Miscellaneous Reports/Comments

Guy Norman (Director WDFW Region 5) and Travis Nelson (Manager WDFW Energy and Major Projects Section): Update on Conservation Banking and Land Management.

Attendance: WDFW Region 5 Director Guy Norman, WDFW Energy and Major Projects Section Travis Nelson, Natural Resources Director Dave McClure, Natural Resources Project Coordinator John Foltz, Senior Planner Mo-Chi Lindblad, Economic Development Specialist Denny Newell.

Guy Norman, Director of WDFW Region 5 provided an update on the proposed purchase of 13,000 acres in the Rock Creek area. Director Norman indicated that WDFW’s main interest in the property is for conservation, habitat and public access. The purchase would be made possible through grants and water right and wind power mitigation. Director Norman noted that in general this is a great piece of property and that WDFW would like to move forward in a cooperative fashion and work through any issues the County might have.

Chairman Thayer stated that he had concerns with the State taking ownership of private lands and would prefer that the property be purchased by Columbia Land Trust or remain in private ownership. Chairman Thayer indicated that he has an issue with the State purchasing property when they are not taking care of what they already have.

Commissioner Sauter stated that from the County’s perspective the first choice is that the property stays in private hands. Commissioner Sauter noted that there are no assurances for PILT (Payments in Lieu of Taxes) to continue and he is very skeptical of State funding sources.

Commissioner Sauter indicated that he is concerned about additional acquisitions and noted that once private land is gone it’s gone forever. Commissioner Sauter stated that the best managed lands are in private hands.

Commissioner Sauter noted that he would not restrict the owner’s right to sell his property.

Chairman Thayer stated that the Board would hold more favor with Columbia Land Trust ownership with grazing and hunting access. Chairman Thayer noted that Columbia Land Trust has kept the properties they own on the tax rolls so far.

Commissioner Johnston asked where the funding to purchase the property was coming from. Director Norman advised that funding would be made possible through grants and water right and wind power mitigation.

Commissioner Sauter questioned the proposed acquisition mitigating for a water right, noting that mitigation should be in kind and located in close proximity to the impact being mitigated. Natural Resources/Economic Development Director Dave McClure stated that, while it would be out of kind and out of place, there is a connection with mitigation for a water right that diverts water from the Columbia. The property provides habitat for ESA-listed steelhead, which are also present where the water will be diverted. Director McClure noted that there are also wind farm issues to work through. A private owner purchase might be possible.

Travis Nelson, WDFW Energy and Major Projects Section Manager advised that there are issues associated with wind power development, noting that there is an eagle problem. Manger Nelson stated that it would be good to show some possible solutions and Rock Creek could be part of it.

Commissioner Sauter indicated that the real problem is a trust issue, the Board of County Commissioners are charged to look after the best interest of their constitutes and it seem like the citizens always get the bad end of land acquisitions. Commissioner Sauter stated that he would love a collaborative approach but would need a total package that would benefit citizens.

Justin Pintler, Senior Account Manager with Pitney Bowes, County Treasurer and County Auditor: Automated folder/inserter machine presentation and demonstration.

Attendance: Auditor Brenda Sorensen and staff, Treasurer Dani Burton and Pitney Bowes representatives.

Pitney Bowes Senior Account Manager Justin Pintler presented a demonstration and overview of the capability and benefits that the automated folder/inserter machine can provide to the county.

Auditor Sorensen stated that the folder/inserter machine would allow the Auditor’s Office to catch up on state mandated archiving that her office has not had time to do. Auditor Sorensen indicated that the cost of the machine would be an allowable and reimbursable election expense; other departments would be billed per use.

Elections Coordinator Brandy Sullivan provided a brief overview of current election expenses that are paid by the state, noting that all but $6,000 of the yearly cost of the machine would be paid by elections and other users would help offset the difference.

Following discussion, the Board indicated support to move forward with a lease contract for the folder/inserter machine.

New Business

Marc Thornsbury, Port of Klickitat Executive Director: Update on the Bingen Point infrastructure project.

Attendance: Port of Klickitat (POK) Executive Director Marc Thornsbury, Natural Resource/Economic Development Director Dave McClure, Economic Development Specialist Denny Newell and Planning Director Curt Dreyer.

The Board held a discussion concerning the Port of Klickitat’s Bingen Point grading and infrastructure improvement project. POK Executive Director Marc Thornsbury provided a project update and overview of the planned improvements, noting that CERB (Community Economic Revitalization Board) will be making a decision concerning the Port’s funding assistance request on July 19^th.

Executive Director Thornsbury requested and received Board consensus to provide a $200,000 match from the County in support of the project.

Following discussion, the Board agreed to provide a letter in support of the project to CERB advising of the County’s commitment of $200,000 of matching funds from the .09 Distressed Counties fund.

Request for Concurrence to ward bid.

Approved (M/Sauter, S/Johnston. Passed unanimously): Concurrence to Award Bid to Wilson Excavating, Inc. for the Debris Grinding Project, RQ 704 for the total bid amount of $63,038.50.

Request for Concurrence to ward bid.

Approved (M/Johnston, S/Sauter. Passed unanimously): Concurrence to Award Bid to Crestline Construction for the Oak Ridge Road Project, CRP 277 for the total bid amount of $852,042.20.

Payment Approvals

Voucher Certification and Approval

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Approved Warrants (M/Johnston, S/Sauter. Passed unanimously):

Accounts Payable: (#223102 - 223207; DOR Electronic transfer #591 for a net of $734,452.21.

Combined Payroll: (#132016 – 132280, County Benefit Warrants #223087 - 223101, Electronic Transfer #590) $758,766.14.

For a combined total of $1,493,218.35 for the date ending June 25, 2012.

Unfinished Business

Approved (M/Johnston, S/Sauter. Passed unanimously):Contract Supplement #2 (C13412) between Klickitat County (Public Works Department) and ADCOMM Engineering to include the design of concrete walls, stairway and sidewalks in the scope of work due to constructability and sequencing issues. The lump sum total amount for both labor and expenses to complete tasks under this supplement shall be $6,700 for the new Dispatch Center.

Steve Brown, Radio Project lead: Radio project budget discussion/update.

Attendance: Radio Project Lead Steve Brown, Site Supervisor Jim Keightley, Public Safety Advisory Board Chairman R. David Kincaid and PSAB member Jim Hill, Search & Rescue Coordinator Jeff King and Sheriff Rick McComas.

Radio Project lead Steve Brown provided a radio project and budget update. A discussion followed regarding possible options and changes proposed by Mr. Brown to keep the project within the original budget.

Following discussion, Commissioner Sauter advised that he could not support taking away coverage and that he has always been skeptical of the budget.

The Board advised that they could support eliminating the Satus Pass site which would have little effect on the system, but would not support cutting anything else.

Sheriff McComas asked if there would be a frequency dedicated to paging, with Commissioner Sauter advising that the 5^th frequency is the paging frequency and will be left in the plan.

Sheriff McComas stated that the Board has shown that they are totally committed to the Radio system project indicating that he was pleased.

Following further discussion, Chairman Thayer directed Mr. Brown to get the radio system built as discussed.

Adjournment ( 5:20 PM)

Approved (M/Johnston, S/Sauter. Passed unanimously): There being no further business before the Board, the meeting was adjourned until 1:00 PM on Wednesday, June 27, 2012 for a scheduled meeting. No workshops will be held on Thursday, June 28, 2012.

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Wednesday, June 27, 2012

Chairman Ray Thayer reconvened the meeting at 1:00 PM. Commissioners present: David Sauter, Ray Thayer and Rex Johnston.

Workshop Session Agenda

Executive Session: Discuss pending, potential and/or threatened litigation.

The Board convened into Executive Session at 1:20 PM with Prosecuting Attorney Lori Hoctor in accordance with RCW 42.30.110(1)(i) to discuss performance/personnel issues involving public employees which included pending, potential and/or threatened litigation. It was noted that the session would last for one hour and forty (40) minutes.

The Board reconvened back to Regular Session at 3:10 PM.

Adjournment

There being no further business before the Board, the meeting was adjourned at 3:10 PM.

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Reference Document on File

Please Note: The Board of Commissioners’ minutes are action minutes. An audio record is on file as part of the official record and available on Tape #2012-07, Tape Count 2984 through 3700 and Tape #2012-08, Tape Count 0 through 397.