Minutes - Meeting of Monday, September 24^th, 2001

Topic

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Monday, September 24, 2001

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

Commissioner Joan Frey was absent.

Workshop Session Agenda

10:10 A.M. Nuisance Abatement Issues

Building Inspection and Code Compliance Director Skip Grimes, Code Compliance Officer Jody Fleury and Deputy Prosecuting Attorney Tim O’Neill addressed nuisance abatement issues and the method of acquiring entry on to private property to abate nuisances in light of the recent Supreme Court decision on a Yakima County case. Comparisons were made between Yakima and Klickitat Counties’ enforcement processes, noting our process alleges civil violations rather than criminal violations. Mr. Grimes recommended placing a hold on enforcement of abatement orders pending further review by legal counsel and requested Board support of this recommendation. Deputy Prosecuting Attorney O’Neill advised that Yakima County would file a motion for reconsideration because the Supreme Court failed to recognize from the onset that the case under question was a criminal investigation. Mr. O’Neill noted he would keep in contact with Yakima County to follow this issue and also would be contacting prosecutors in other counties to determine how they are handling abatement of nuisances. He stated that he should be able to provide direction to the Board within a two to three week time frame.

11:00 A.M. Road Department Update

Interim County Engineer Ed Hoyle, with Equipment Supervisor Steve Nygaard present, provided an update on the following topics:

• Noted scheduling of bids for purchase of three pickup trucks and sanding materials is on the Board’s schedule for consideration this date.
• Road Department accounting and investment issues were discussed. Verbal authorization was granted to the Deputy Treasurer to pull funds from investments in payment of accounts payable invoices. Discussion was held regarding payroll issue responsibilities and accounting staff needs of the Road Department.
• A SR35 (replacement of the White Salmon/Hood River bridge) meeting update was provided advising WSDOT will be performing a random mailing asking residents how they envision the project being paid for and what amount the toll should be to use the bridge. The next meeting will be held in October when the crossing alternatives will be narrowed from 7 to 4.

Lunch Recess

The Board recessed for lunch at 12:10 P.M.

Call to Order/Roll Call

Regular Meeting for Monday, September 24, 2001

Chairman Don Struck reconvened the meeting at 1:05 P.M. Commissioners Present: Don Struck and Ray Thayer.

Commissioner Joan Frey was absent.

Agenda

Business Agenda

Approved (M/Thayer, S/Struck. Passed unanimously) the Business Agenda with one addition under Old Business: Consideration of a Pipeline Licensing Agreement with Burlington Northern.

Citizen Comment

Gene Herin – Said that he had attended the last meeting of the Water Conservancy Board and was disappointed that they had approved (two members voting in favor and one abstaining) the transfer of the Basse water rights to Calpine, the company that owns the Goldendale Energy Project. He stated that he will investigate the whereabouts of a petition with 70 signatures opposing the Calpine project that was to be presented to the Water Conservancy Board but was "lost". Commissioner Thayer replied that the Department of Ecology must review all Water Conservancy Board decisions. Chairman Struck added that Klickitat County will enlarge the Water Conservancy Board from three members to five.

Dr. Howard Kubler – Asked if the Board had any new information regarding delays in building the Central Klickitat recreation Board swimming pool. Chairman Struck responded that he had talked to recreation board member Ray LaFond suggesting the need for a briefing and thought that Mr. LaFond might be present today. Chairman Struck asked Executive Secretary Cris McEwen to contact recreation board chair Rody Schilling to provide the Board a briefing.

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Variance Request SPV2001-00003 to Reduce Road Right-of-Way Standards

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Approved (M/Thayer, S/Struck. Passed unanimously) variance request SPV2001-00003 reducing the 60 foot right-of-way required for access roads to allow a 30 foot access easement for a private road, the applicant being Mike Rockwell. Prior to the motion, the public hearing proceeded as follows:

Chairman Struck opened the hearing and asked for Board disclosure. Commissioner Thayer responded that he has had no ex parte contacts or conflicts of interest in this matter. Chairman Struck disclosed that he has known the applicant for over 15 years, having conducted a real estate transaction with Mr. Rockwell many years ago, but stated that he did not foresee this causing problems. He asked if there was anyone present who had any objection to his participation. Hearing no reply, he asked for a staff review:

Assistant Planner Jannette Herrington stated that the applicant has submitted a boundary line adjustment that alters Lots 1 and 2 of Short Plat SPL2000-00010 and Lot 2 of Short Plat SPL2000-00004, the property being located within a portion of Section 23, Township 3N, Range 10E, W.M. She noted that no comments were received from and agency or surrounding landowners. She added that Road Department Office Engineer Keith Grundei commented "Since this road only serves one or possibly two lots, and the topography is relatively flat, I have no objection to the reduction in easement width."

Chairman Struck asked for testimony from the applicant:

Mike Rockwell stated that a 60 foot right-of-way would severely limit the ability to provide septic and reserve areas and that there is local precedent to allowing the proposed reduction. He also noted that this private road would never become a through way for future development and emergency vehicles have adequate access.

Chairman Struck asked if there was testimony against the proposal and, receiving no response, he closed the hearing.

Consent Agenda

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

1. Memorandum from the Planning Department scheduling public meetings as follows:

• Public Meeting at 1:30 P.M. on Monday, October 8^th, 2001 to consider road right-of-way dedication (McGowan Road) within Short Plat SPL2001-00015, the applicant being Diana McAnally.

• Public Meeting at 1:30 P.M. on Monday, October 15^th, 2001 to consider Boundary Line Adjustment for Lot 12 of Mt. View Orchard Tract #2, the applicant being Jean Brokaw.

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2. Department of Ecology Waste Management Coordinated Prevention Grants application (#C17901) for a combined total project cost of $238,625.00 (state funds $178,969.00/county match $59.656.00).

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3. Memorandum of Agreement (#C18001) with the Washington State University Cooperative Extension wherein Klickitat County agrees to provide $17,910.00 for an extension program for the 2002 calendar year.

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4. Scheduling of a bid opening at 1:30 P.M. on Monday, October 15, 2001for purchase of three (3) ½ ton 2002 pickup trucks for use by the Road Department.

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5. Scheduling of a bid opening at 1:30 P.M. on Monday, October 15, 2001 for sanding materials.

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6. Scheduling of a bid opening at 1:30 P.M. on Monday, October 15, 2001 for construction of a new restroom/shower facility to be located at the Klickitat County fairgrounds.

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7. Personal Services Agreement (#C18101) with Martech Associates, Inc. for development of a personnel classification and pay plan. Contract amount is $23,026.00.

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8. State of Washington, Department of Social and Health Services/Juvenile Rehabilitation Program Agreement (#C18201) for the 2001-2003 BECCA Bill program.

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9. Resolution #18401 contracting with Northwest Sustainable Energy for Economic Development/High Resolution Wind Energy Resource Maps of the Pacific Northwest in the amount of $10,000.00. The purpose of the agreement is to prepare a map of sites with wind power development potential for inclusion in an overlay zone process.

Road Permits

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

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#105617 – 105834) $650,191.93

Combined Payroll: (#056353 – 056624, 105835 – 105854 & Electronic Trans. # 85) $427,646.03

For a combined total of $1,077,837.96

Old Business

Agreement for Construction of Dallesport Wastewater Treatment Facility

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Approved (M/Thayer, S/Struck. Passed unanimously) the Agreement (#C18401) with IMCO General Construction, Inc. for construction of the Dallesport Wastewater Treatment Facility Project. Included in Commissioner Thayer’s motion was authorization by the Chair to sign the agreement and approve the performance bond.

Pipeline License Agreement with Burlington Northern

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Approved (M/Thayer, S/Struck. Passed unanimously) a Pipeline License Agreement (#C18301) with the Burlington Northern and Santa Fe Railway Company. (Dallesport Wastewater Treatment Facility project.)

Executive Session

Executive Session – Solid Waste Negotiations

The Board convened into Executive Session at 3:05 P.M. with Interim County Engineer Ed Hoyle, Solid Waste Director Tim Hopkinson, and Special Counsel Steve DiJulio (teleconference) to discuss solid waste negotiations.

The Board reconvened back to Regular session at 4:06 P.M.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:06 P.M.

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Reference Document on File