Minutes - Meeting of Monday, July 2^nd, 2001

Topic

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session - Monday, July 2^nd, 2001

Chairman Don Struck called the meeting to order at 9:10 A.M. Commissioners Present: Don Struck, Joan Frey and Ray Thayer.

Workshop Session Agenda

10:05 A.M.

The Board convened into Executive Session with Interim County Engineer Ed Hoyle, Assistant County Engineer Jim Amundsen and Personnel Director Lori Wolford to discuss a personnel issue.

The Board reconvened back into Regular Session at 10:35 A.M.

10:35 A.M.

Assistant County Engineer Jim Amundsen reviewed a request submitted for alternative work schedules for the office engineering staff and the senior secretary position, noting the engineering staff has worked this schedule for sometime. It appears that some of the positions received approval sometime ago with no review date and two of the requests are new requests.

The request forms were discussed and the Board directed that the forms should be resubmitted containing no language strikeouts and with a definitive expiration date or review period for the office engineering staff. Also discussed was the summer student assistant engineering technician position, and the senior secretary working an alternative schedule. The Board stated they were not in favor of office staff working a 4/10 schedule, stating that this type of schedule appears more beneficial to the employee than to the employer.

Commissioner Thayer commented that a 4/10 schedule for office staff results in diminished productivity.

Personnel Director Wolford stated that previous Boards have denied requests for alternative work schedules for office support staff.

On another topic, Engineer Amundsen advised the mobile home in Dallesport acquired by the County through distraint would be removed from the mobile home court on July 3^rd, 2001 and disposed of.

11:15 A.M.

Public Health Director Thayer, joined by Terry Runnell, Chief of Nursing Services, noted the hosting request of $150 for the regional HIV/AIDS planning meeting, which took place on June 2^nd, 2001. Periodic meetings are held in the Region 2 AIDSNET, comprised of 6 local health jurisdictions that develop policy and plans, with the location rotating throughout Region 2. The Board stated they had no problem with hosting a meal for the meeting.

Amendment #2 to DOH Consolidated Contract and DSHS Foster Care Passport Agreement Amendment #1

Health Director Thayer then reviewed the Consolidated Department of Health Contract as well as the Department of Social and Health Services Agreement extension for the Foster Care Passport Program, noting both are on the Consent Agenda for Board consideration in the afternoon session.

The second amendment to the DOH Consolidated Contract includes an additional $8,324 for the Immunization Program as well as an additional $1,600 for the Title X Family Program. Amendment of the Foster Care Passport Program allows continuation of the program and funding for an additional three months for development of a health report card for children who will be in foster care over 18 months.

11:35 A.M.

Personnel Director Lori Wolford reviewed the request for proposals received for the comparison of classification/compensation study. It was noted that seven bids were received, however, references still need to be contacted. At the Boards’ request Director Wolford will complete the reference contacts.

Also in attendance was Central Services Director Glen Chipman who noted that the costs for this study do not appear to have been budgeted. He asked whether expenditure will be from Non-Departmental or the Personnel Department.

The Board advised expenditure should be made from the Personnel Department budget. Director Chipman noted a supplemental budget will be necessary once a bid selection is made.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Monday, July 2^nd, 2001

Chairman Don Struck reconvened the meeting at 1:04 P.M. Commissioners Present: Don Struck, Joan Frey and Ray Thayer.

Agenda

Business Agenda

Approved (M/Thayer, S/Frey. Passed unanimously) the Business Agenda with two additions under Old Business: a recommendation for bid award for purchase of a 2001 SUV for use by the Building Department, and contract for operation of the Maryhill Visitor Information Center.

Approval of Commissioner Meeting Minutes

Approved (M/Frey, S/Thayer. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for June 11^th, 2001 as read and/or corrected.

Citizen Comment

Sandra Bostick – Expressed concerns with the planned closure of the Mt. Adams Care Center and requested that the Board consider supporting the continued operation by supplements from landfill revenues.

Oren Johnson – Discussed the property from his parent’s estate in the Lyle area, stating that he has paid taxes on buildable lots for eleven years and can’t sell them because of the dispute regarding scenic area boundaries and the refusal of the Gorge Commission to recognize the short plat granted by Klickitat County. He stated that in light of the recent Washington State Supreme Court decision in favor of the Bea’s and against the Gorge Commission that Klickitat County should "stand up" and support his efforts. Chairman Struck replied that the Board is scheduled to talk to Special Counsel Steve DiJulio this afternoon and will discuss Mr. Johnson’s issue. Chairman Struck also noted that last Thursday, Klickitat County has retained the services of Steven Anderson who will put together a history of scenic area boundary issues. Mr. Johnson complained that Klickitat County was not communicating with him. Chairman Struck responded that these two developments both occurred just last week and that it is the responsibility of Mr. Johnson to contact the county as it is not proper for the county to attempt to contact all of its citizens who may have an interest in a particular issue. However, he did note that Mr. Johnson could expect communication from Mr. Anderson in the near future regarding the boundary issue.

Jerry Sherman – Noted the recent meeting of about forty citizens concerned with the planned closing of the Mt. Adams Care Center. He asked if the Board had been in contact with the nursing home’s operator, Regency Pacific. Commissioner Thayer replied that he and Business & Retention Specialist Tom Seifert had talked to a Regency Pacific representative about two weeks ago, and though they had not talked about a purchase price, their representative had stated that other counties were operating nursing homes. However, they were unable to find specific instances of any county doing this, though they found examples of hospital districts operating nursing homes. Commissioner Thayer added that the Regency Pacific representative stated that he would talk to Klickitat Valley Hospital Administrator Ron Ingraham and stated that they are closing Mt. Adams Care Center because they are not making any profit. He added that it would cost more for Klickitat County to operate the facility because of the level of county benefits. Business Retention Specialist Tom Seifert noted that the facility was built in the 1960s and minimal maintenance has been done for some time, therefore a significant renovation could be required. Commissioner Thayer added that if there are major code compliance problems it might be best to demolish the structure and start over. Mr. Sherman said that if the facility cannot be kept open then the county should help set up private care homes, as there is an immediate need to help the center’s current residents. Commissioner Frey said that she would be willing to explore possibilities by conferring with the Prosecuting Attorney and with the Mid-Columbia Economic Development District (MCEDD). Chairman Struck noted that Klickitat County cannot loan money to individuals, but only to taxing districts.

Ellen Trimble – Stated that she runs an adult foster care home and trying to break even financially is very difficult. She also stated that she cannot care for those clients who must be given injections, have catheters or use intravenous devices. She added that we must respect our citizens who require these facilities.

Alice Bartoo – Related her difficulty when, for medical reasons, she had to move her mother from Mt. Adams Care Center to a facility in Yakima. She noted that it will be hard for long term residents of Goldendale to move family members elsewhere.

Ron Ingraham – Stated that there are several issues impacting Mt. Adams, one being the increasing difficulty in hiring nurses. Another issue is the age of the building and the fact that very little money has been put back in for repairs and renovation. He also noted that, after looking at their accounting books, he believes that the operators are losing money.

Chairman Struck – Said that the Board would discuss the issue with staff in an effort to find a solution.

Ron Kinsella – Stated that if the closure can be delayed it would buy some time to find a solution.

Public Meetings/Public Hearings/Bid Openings

Public Meeting – Consider Road Right-of-Way Dedication Within SPL-2000-00044

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Accepted (M/Thayer, S/Struck. Question: Struck and Thayer voted for the motion) a road right-of-way dedication within Short Plat No. SPL-2000-00044 for future maintenance of Cedar Valley Road. (Commissioner Frey was momentarily out of the office and did not vote.)

Public Hearing – Consider Ordinance Changing Speed Limits on Hartland Area Roads

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Approved (M/Frey, S/Thayer. Question: Struck and Frey voted for the motion. Thayer voted against) Ordinance #O070201 establishing a maximum speed limit of 25 MPH on portions of Struck, Rowland, Sanborn and Horseshoe Bend Roads.

Prior to approval of the ordinance, Chairman Struck opened the hearing and asked for a staff review:

Assistant County Engineer Jim Amundsen stated that all four sections are now gravel and serve areas with increasing populations and pedestrian traffic. He also noted all four sections include curves where 25-MPH advisories are posted.

Chairman Struck asked if there was any testimony for or against the proposal:

Patrice Archuleta read a letter from the High Prairie Neighborhood Association, of which she is a member. The letter indicated a vote at their June 28^th, 2001 meeting gave unanimous support for a 25-MPH speed limit on Struck Road. Ms. Archuleta said that over half of Struck Road residents were at the meeting.

Commissioner Thayer raised objections, stating that this seems premature as these roads are scheduled to be paved which will change user speeds in most cases.

Chairman Struck stated that these limits should be revisited when conditions warrant.

Public Hearing – Consider Appeal of MDNS SEP-2001-00017 and Conditional Use Permit CUP-2001-00011 (Cliffs Energy Project)

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The public hearing was conducted to receive testimony in the matter of an appeal, by Columbia Riverkeeper, of Klickitat County’s issuance of a Mitigated Determination of Non-Significance (SEP-2001-00017) and Conditional Use Permit (CUP-2001-00011) for the Cliffs Energy Project. This project would site a 225 megawatt generating plant adjacent to the Goldendale Aluminum Company smelter located east of Maryhill on the Columbia River.

A complete transcript of the proceedings as prepared by Tamara Ross, Court Reporter with Naegeli Reporting Corporation, is made part of the record and attached hereto.

Supporting documentation for the official record is on file with the Planning Department containing:

• Photo copy of Public hearing sign-in sheet (original with Auditor record);
• Affidavits of public notice.
• Planning Department memorandum dated June 27, 2001 titled: Conditional Use Application No. CUP2001-00011 containing Conditional Use/Exception Permit Application; Planning Department memorandum and Mitigated Determination of Non-Significance (MDNS) dated May 24, 2001, SEPA checklist, comments correspondence, site maps, Critical Areas checklist dated June 26, 2001 and Columbia Riverkeepers appeal dated June 7, 2001.
• Cliff’s Energy Project Environmental Checklist binder dated May 17, 2001 prepared for Curt Dreyer, Planning Director by Greystone Environmental Consultants.

• Appellant brief:

Brent Foster, Attorney at Law for Columbia Riverkeeper, filed the following with the record: Exhibit I-Columbia River Gorge Visibility and Air Quality Study/Working Draft: Existing Knowledge and Additional Recommended Scientific Assessment to Consider dated June 7, 2001; Exhibit II- Seattle Post Intelligencer Article titled "Columbia scenery is veiled by pollution, dated December 15, 1999; and Exhibit III-National Marine Fisheries Service Biological Opinion on permit application by Inland Land, Inc. for construction of a pumping facility on the Columbia River dated May 16, 1997.

• Applicant brief: Memorandum in support of the County’s Issuance of a Mitigated Determination of Non-Significance as filed by Matthew Cohen of Heller, Ehrman, White & McAullife, Counsel for GNA Energy LLC and Declaration of Wayne E. Wooster dated July 2, 2001, Exhibit A-Department of Ecology communication addressed to Wayne Wooster, Environmental Manager, Goldendale Aluminum dated August 1, 1996; Exhibit B-communication addressed to Johnson Meninick, Manager, Cultural Resources Program, Yakama Indian Nation dated June 18, 2001;
• Klickitat County brief dated July 2, 2001 presented by Timothy O’Neill, Deputy Prosecuting Attorney.
• Findings, Conclusions and Decision on appeal of MDNS 2001-00017.

• Findings, Conclusions and Decision on issuance of Conditional Use Permit 2001-00011.

The hearing concluded at 3:50 P.M. with Chairman Struck stating that the Board will issue a written opinion in the near future.

Old Business

Adoption of Findings and Approval of Variance to Road Construction Standard for J. Neils Road

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Approved (M/Thayer, S/Struck. Question: Struck and Thayer voted for the motion) Resolution #13201 adopting the findings and conclusions and approving a variance (SPV-2001-00002) to waive road construction standards for J. Neils Road. (Commissioner Frey was absent during the meeting of June 18^th, 2001and did not participate in the decision directing the preparation of findings and conclusions supporting the variance. She therefore did not participate in this final vote.) Assistant Planner Jannette Herrington read the Findings and Conclusions into the record.

Approval of Shorelines Substantial Development Permit and Conditional Use Permit for Dallesport Wastewater Project

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Approved (M/Thayer, S/Frey. Question: Frey and Thayer voted for the motion. Struck abstained) a Shorelines Substantial Development Permit (SH-2001-00001) and Conditional Use Permit (CUP-2001-00007) for the Dallesport Wastewater Treatment Facility. (Chairman Struck was absent during the meeting of June 25^th, 2001 and did not participate in the decision directing the preparation of findings and conclusions supporting these permits. He therefore abstained from this final vote.) Associate Planner Brian Frampton read the Findings of Fact, Conclusions, Conditions and Decision into the record.

Road Department Bid Recommendation/Possible Scheduling of Amended Bid

Rejected (M/Thayer, S/Frey. Passed unanimously) the bids received on June 25^th, 2001 for improvements to sections of Warner Road, Sunnyside Road, Trout Lake Highway and BZ-Glenwood Highway based upon the fact that all four bids were substantially higher (greater than 10%) than the engineer’s estimate.

Approved (M/Thayer, S/Frey. Question: Struck and Thayer voted for the motion. Frey voted against) a Notice to Contractors of a Bid Opening scheduled for 1:30 P.M. on Monday, July 16^th, 2001for improvements to sections of Warner Road, Sunnyside Road, Trout Lake Highway and BZ-Glenwood Highway.

Prior to approval of the motions, Road Department Project Engineer Bjorn Hedges recommended that the Board advertise for new bids, which would necessitate rejecting the previous bids that were received on June 25^th. He noted that research had revealed that the county is entitled to reject bids if they exceed 10% of the engineer’s estimate, but there must be a two week advertising period if the county wishes to go out for new bids immediately.

Commissioner Thayer stated that the original discussions had specified that the BZ-Glenwood Highway be an "all weather road" whereas the intent was probably to extend the amount of time the road was useable for truck traffic.

Thus specifications for a section of the BZ-Glenwood Highway could be modified and result in lower overall project costs. He recommended soliciting new bids.

Commissioner Frey said that "scrimping" on one section didn't make any sense as this creates a weak link.

Chairman Struck replied that he agrees with Commissioner Thayer as he is against using more landfill funds for the road budget and does not want to jeopardize funds for improvements to Canyon and Snowden Roads.

Interim County Engineer Ed Hoyle stated that rejecting the previous bids is justified because awarding the contract would Result in going beyond available funds.

Bid Award – Sport Utility Vehicle for the Building Inspection Department

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Authorized (M/Thayer, S/Frey. Passed unanimously) Board signatures on a Recommendation for Award of Bid and Acceptance of Bid to Bob Stone Freeway Auto Center, The Dalles, Oregon to furnish one (1) new sport utility vehicle to the Building Inspection Department in the amount of $19,181.23.

CTED Contract for Operation of the Maryhill Visitor Information Center

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Approved (M/Frey, S/Thayer. Passed unanimously) a Client Services Contract (#C13701) with the Washington State Department of Community, Trade and Economic Development for operation of the Maryhill Visitor Information Center in an amount not to exceed $11,392.

Consent Agenda

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

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1. Resolution #13301 temporarily closing Warner Road to through traffic during road construction, until project completion.

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2. Resolution #13401 appointing Dick Wheelhouse to the Stakeholder’s Committee.

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3. Resolution #13501 scheduling a public hearing at 7:00 P.M. on Wednesday, August 1^st, 2001 at the Lyle Lions Club Community Center to consider vacation of Depot Road.

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4. Resolution #13601 amending Resolution #04201 to clarify expenditure of funds for the Maryhill Visitor Information Center.

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5. DASA (Division of Alcohol and Substance Abuse) County Program Agreement (#C13801) for provision of chemical dependency treatment and prevention services for the next biennium.

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6. Amendment No. 2 (#C13901) to the State of Washington Department of Health Consolidated Contract #C08648 increasing funds for immunization programs ($8324) and Title X programs ($1600).

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7. Amendment No. 1 (#C14001) to the DSHS (Department of Social and Health Services) County Program Agreement #25081 increasing funds for the Foster Care Passport Program ($6095).
8. Memorandum from the Planning Department scheduling public meetings for 1:30 P.M. on Monday, July 23, 2001 to consider:

• Final plat approval of short plat application SPL-2001-00011, the applicant being Jacqueline Taylor, and
• Final approval of short plat alteration SPL-2001-00012, the applicant being Melvin McDougal.

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9. Grant reimbursement request from the USDA Forest Service for the Husum Water System Engineering Study grant.

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10. Resolution #13701 in the matter of entering into Agreement #CGA2440 with the Washington State Department of Transportation to provide $110,000 for the purchase of two mini-busses.

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11. Authorization and Instructions for Right-of-Way Associates, Inc. to proceed with acquisition of property and property rights in connection with the Dallesport Wastewater Collection System.

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12. Resolution #13801 authorizing the Code Compliance Officer to commence abatement proceedings on Parcel No. 05-17-3369-0041/00.

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13. Resolution #13901 authorizing the Code Compliance Officer to commence abatement proceedings on Parcel No. 05-14-2351-0041/00.

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14. Resolution #14001 revising the organizational chart to add a Juvenile Probation Counselor Position to the Juvenile Department.

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15. Resolution #14101 revising the organizational chart and job description changing the Work Crew Supervisor position to a Litter Crew/Community Service Coordinator position within the Adult Probation Department.

(There were no Road Department permits requiring approval at this time.)

Payment Approvals

Voucher Certification and Approval

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Accounts Payable: (#103217 - 103390 including cancelled warrant #103118) for a net of $173,848.34.

(There were no Payroll/Benefit warrants requiring approval during this period.)

Adjournment

There being no further business before the Board, the meeting was adjourned at 5:30 P.M.

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Reference Document on File