Minutes - Meeting of Monday, October 29^th, 2001

Topic

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Monday, October 29, 2001

Chairman Don Struck called the meeting to order at 10:10 AM.

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

Workshop Session Agenda

10:10 AM – Executive Session

The Board convened into Executive Session with Interim County Engineer Ed Hoyle and Personnel Director Lori Wolford to discuss personnel issues.

The Board reconvened into Regular Session at 10:30 AM.

10:30 AM – Road Department Update

Interim County Engineer Ed Hoyle stated that it appears the Road Fund will experience a deficit and require a short-term loan around the second week of November, pending receipt of STP funds having a two-week turn around for reimbursement.

Further discussion was held regarding identification of funding sources for road projects, concluding with a need to acquire the consulting services of former County Engineer Jim Miller. Mr. Hoyle was directed to prepare the necessary agreement for Board review and consideration. Mr. Hoyle stated that Mr. Miller’s services should not be needed for any longer than a month.

An estimated repair to the dump truck, which was involved in an accident a few weeks ago, is between $8,000 and $10,000. It was noted that the engine is undamaged.

11:10 AM – Municipal Court Services

Attendance: EDC Court Administrator Renea Campbell, Central Services Director Glen Chipman, West District Judge Robert Weisfield (joined the discussion via teleconference call at 11:35 AM)

Commissioner Thayer advised of the need for the County to review the manner in which the cities are being assessed for municipal court services, adding that the county needs to be fair to itself as well as to the cities, acknowledging all entities are experiencing a decrease in revenues. It was noted that a workshop is being held with the cities on Wednesday to discuss court services and other contract issues.

Discussion was held regarding the actual revenue each city retains annually from fines and forfeitures. It was noted that the figures for Bingen and White Salmon as provided by West District Court appear to include the amount that the entities are required to submit to the State. Correct figures will be requested prior to Wednesday’s workshop with the cities.

Also discussed was the current method of assessing charges to the cities, which is based on the percentage of the previous three years court cases/filings multiplied by the judge’s salary and benefits.

Commissioner Thayer noted the costs to operate the courts keeps increasing which in turn requires additional landfill dollars to cover those costs. The real issue is whether or not the cities are actually paying their fair share.

Judge Weisfield advised he has always felt that the services provided is fairly based on the average of cases filed, however, should be based on the full costs to operate the courts, not just judges salary and benefits.

Commissioner Thayer stated even if the cities paid a percentage based on the entire budget for the courts it would still be far cheaper than the cost to operate their own municipal court.

Judge Weisfield advised that the courts cost a lot more to operate than what they receive as revenue. They would still be receiving a bargain if they were charged a percentage based on the full budget.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Monday, October 29, 2001

Chairman Don Struck reconvened the meeting at 1:06 PM.

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

Agenda

Business Agenda

Approved (M/Frey, S/Thayer. Passed unanimously) the Business Agenda with two additions. 1) under Old Business: a bid award for construction of a restroom/shower facility at the fairgrounds. 2) under Board Pending: Personnel Director Lori Wolford presenting a salary survey update and executive session regarding union negotiation issues. Commissioner Frey also noted in her motion the carryover into the Wednesday work session of an action item: consideration of a professional services agreement for development of the six-year road program.

Approval of Commissioner Meeting Minutes

Approved (M/Thayer, S/Frey. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for August 27, 2001 as presented.

Citizen Comment

Catherine Bell – Discussed the Rails-to-Trails issue in the Lyle to Klickitat rail corridor, stating that the individual property owners never gave up the underlying ownership of the rail right-of-way and that therefore State Parks is in error by claiming a conversion to trails has taken place. She added that there is a process to convert, but the necessary steps have not been taken and there is concern among local residents that the Klickitat County Sheriff’s Office has referred these right-of-way jurisdictional matters to State Parks.

Chris Mattson – Stated that residents need to have the rail corridor jurisdictional questions resolved so they know what authorities to contact, noting there are fire protection issues as well as cougar sightings in the area.

Lori Zoller – Said that the Sheriff’s Office dispatch personnel told her to contact State Parks when she made a complaint regarding an unidentified vehicle on her property adjoining the rail corridor. She added that she and her neighbors need a survey and title search done for the rail corridor.

Fred Heany – Distributed a letter from himself and about 30 of his neighbors asking for recognition of the "Lower Burdoin Community Council". Mr. Heany stated that they are a distinct community that no longer wants to be represented by the Snowden Community Council. Chairman Struck replied that the Resource Development Department would handle this issue. Commissioner Thayer added that the Board needs to be cautious about recognizing new community councils, noting that there are at least five that could be set up in his district. He stated his reluctance to approve any new community councils at this time.

Beverly Stebbins of Ambassador Financial Services – Said that she is concerned about reports, including an article from the Small Business Administration, stating that Goldendale is no longer economically viable. She noted that they have not taken into account some positive developments, such as construction of the Calpine energy project.

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Consider Supplements and Amendments to the 2001 Budget

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Approved (M/Thayer, S/Frey. Passed unanimously) Resolution #20601 allowing supplemental appropriations and amendments to the 2001 Budget for various funds and departments in the amount of $174,000. Prior to approval of the resolution, the hearing was opened by Chairman Struck, who then asked for a staff review by Central Services Director Glen Chipman:

Director Chipman summarized the various changes, including staffing changes and transfers, as well as unanticipated court and legal costs, that have altered expected expenditures.

Chairman Struck asked for public comments, then noted for the record that there was no one present who wished to speak.

Commissioner Thayer noted previous work sessions had resolved any questions that he had.

Public Hearing – Consider Shorelines Conditional Use Permit SH2001-00002 for Maryhill State Park

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Approved (M/Frey, S/Thayer. Passed unanimously) Shorelines Conditional Use Permit (CUP) SH2001-00002 for repair and replacement of utilities at Maryhill State Park, that applicant being the Washington State Parks and Recreation Commission. Prior to approval, Chairman Struck opened the hearing and asked for disclosure from the Board. Commissioners Thayer, Frey and Struck all stated that they had no ex parte contacts or potential conflicts of interest to disclose. Chairman Struck then asked for a review:

Washington State Parks and Recreation Commission representatives Mark Schulz and John Scarola briefed the Board on State Parks’ application to replace and repair utilities for RV campsites. Mr. Schulz entered three exhibits: Exhibit A was a site plan showing proposed utility upgrades. It also noted a very small portion of the project that lies within the 200-foot Shoreline Zone. Exhibit B was a letter from the Army Corps of Engineers giving conditional approval to State Parks for the project. Exhibit C was State Parks’ testimonial letter to the Board that detailed the CUP application.

Mr. Schulz summarized by noting that the underground wiring has failed in various locations and the RV electrical panels have exceeded their lifetimes and no longer meet the electrical code.

Chairman Struck asked for testimony in favor of the CUP application. He then asked for testimony against. He then noted for the record that there was no one present wishing to testify for or against the CUP application. Chairman Struck then asked if the Board needed clarification on any points.

Commissioner Thayer asked about the nature of the problems and Mr. Schulz replied that the age of the wiring made it susceptible to failure.

Commissioner Frey asked why the Board was involved and not the Board of Adjustment or other body, and Planning Director Curt Dreyer responded that they wished to expediently process the application. Associate Planner Brian Frampton added that the Planning Commission would have normally considered the application.

Chairman Struck then closed the hearing.

Consent Agenda

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

1. Memorandum from the Planning Department scheduling a public meeting at 1:30 PM on Monday, November 13, 2001 to consider acceptance of a road right-of-way dedication for future maintenance of Fisher Hill Road, Short Plat No. SPL2001-00019, the applicants being Sugg and Narayan.

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2. Resolution #20301 appointing Glen Chipman as Interim Chief Financial Officer until such time as a successful candidate is recruited for and appointed to the position.

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3. Resolution #20401 providing edge striping (fog lines) on a portion of the BZ-Glenwood Road.

Road Permits

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

Payment Approvals

Road Department Payments

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Approved (M/Thayer, S/Frey. Passed unanimously) Pay Estimate No. 5 (and final) to James Dean Construction Company in the amount of $39,275.00 as determined by an arbitrator’s decision, for the Bear Creek Channelization project.

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Approved (M/Thayer, S/Frey. Passed unanimously) Change Order No. 3 increasing payment to the M.L. Houck Construction Company by $15,686.00 for the BZ-Glenwood Hwy./Warner Road/Sunnyside Road/Trout Lake Hwy. project.

Voucher Certification and Approval

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

Accounts Payable: (#106713 – 106859, 93267 and including cancelled warrants #105152 and 106454) for a net of $272,237.56

Combined Payroll: (#056957 – 057220, 106691 – 106712 & Electronic Trans. # 87) $230,525.90

For a combined total of $502,763.46

Old Business

Intergovernmental Agreement for WRIA 30 Planning Unit

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Authorized (M/Thayer, S/Frey. Passed unanimously) the Chair’s signature approving an Intergovernmental Agreement between Klickitat County, the City of Goldendale and the Klickitat County Public Utility District No. 1 defining the planning unit composition, scope of work and planning process for Water Resource Inventory Area (WRIA) 30. It was also noted for the record that Chairman Struck would extend an invitation to the Yakama Indian Nation to join WRIA 30.

Prior to the motion, Watershed Project Coordinator Dave McClure summarized aspects of the agreement and also noted a workshop session scheduled for 3:30 PM on Wednesday, November 7, 2001 that will present information on the topic of in-stream flow. Department of Ecology representative Greg Schuler will join the City of Goldendale and PUD representatives at the workshop.

Public Hearing – Community Development Block Grant Float Loan for Gorge Delights, Inc.

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Approved (M/Frey, S/Thayer. Passed unanimously) Resolution #20501 authorizing Klickitat County to submit an application to the State of Washington for a Community Block Grant Float Loan and/or Washington Rural Loan Fund on behalf of Gorge Delights, Inc. in an amount not to exceed $1,000,000. Prior to the motion the public hearing proceeded as follows with Chairman Struck opening the hearing and asking for a staff review:

Business & Retention Specialist Tom Seifert noted details that were discussed at last week’s public hearing, including Bank of America’s issuance of an irrevocable letter of credit and Gorge Delights’ plans for fruit packing operation that would create about 50 well-paying jobs in Klickitat County. He stated that the Port of Klickitat and Gorge Delights are in negotiations for purchase of a parcel at Bingen Point, though the operation could be located at Dallesport.

Chairman Struck asked for public testimony for and against the proposal. He stated for the record that there was no one present who wished to testify in favor or in opposition. Chairman Struck also noted that there was no written testimony received. He then asked for Board clarification.

Commissioner Frey stated that the issues had been clearly presented at the public hearing last week. She did note that Gorge Delight’s new facility would be located in Klickitat County.

Bid Award – Restroom & Shower Facility at Fairgrounds

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Accepted (M/Thayer, S/Frey. Passed unanimously) a bid from Cornerstone Concrete & Construction in the amount of $102,506.00, including sales tax, for construction of a restroom/shower facility at the Klickitat County Fairgrounds.

Miscellaneous Reports/Comments

Personnel Issues

Personnel Director Lori Wolford briefed the Board on two issues, first noting that Martech Associates will be presenting a list of comparables for the classification and compensation study. The selected municipalities and companies will then be used for wage comparison purposes.

On another topic, Director Wolford stated that they have received only one application from a qualified candidate for the Public Health Director position. However, the applicant stated that they would not consider accepting the position unless the salary is higher. Public Health Nurse Terry Rundell may request a higher salary offer at the next Board of Health meeting.

Executive Session

Executive Session – Sheriff Department Contract Negotiations

The Board convened into Executive Session at 4:15 PM with Personnel Director Lori Wolford to discuss Sheriff Department contract negotiations.

The Board reconvened back to regular Session at 5:00 PM.

Recess (5:00 PM)

There being no further business before the Board, the meeting was recessed until 10:30 AM on Wednesday, October 31, 2001.

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Wednesday, October 31, 2001

Chairman Don Struck reconvened the meeting at 10:45 AM.

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

Workshop Session Agenda

10:45AM – Columbia River Gorge National Scenic Area Issues Update

Attendance: Gorge Issues Consultant David Sauter, Planning Director Curt Dreyer, Dallesport resident Mike Smith, and Goldendale resident Daniel Lichtenwald.

Mr. Sauter provided a summary on the progress of the National Scenic Area Management Plan review as well as the future schedule for the review process. Concern was expressed on the part of the Board of Commissioners that the Gorge Commission is attempting to move too fast to adequately address all of the issues.

12:00 Noon – Lunch

1:10 PM – Executive Session

The Board convened into Executive Session with Steve DiJulio, Special Deputy Prosecuting Attorney on solid waste issues, Interim County Engineer Ed Hoyle and Solid Waste Director Tim Hopkinson to discuss solid waste contract negotiations.

2:15 PM – Executive Session

The Board convened into Executive Session with Personnel Director Lori Wolford to discuss a personnel issue.

The Board reconvened into Regular Session at 2:35 PM.

2:45 PM Municipal Contracts for County Services: Communications/Dispatch, Court Services, Prisoner Housing

Attendance: City of White Salmon Mayor Roger Holen, White Salmon Clerk/Treasurer Kelly Ingraham, White Salmon Chief of Police Ned Kindler, City of Goldendale Administrator Larry Bellamy, Goldendale Chief of Police Dave Hill, Chief Probation Officer Larry Barker, Interim Chief Financial Officer Glen Chipman, Prosecuting Attorney Tim O’Neill, Sheriff Chris Mace and Goldendale Sentinel News Editor Jeff Chew.

Communications/Dispatch: Discussion was held regarding the proposed rates to be assessed in the 2002 contract year. Concern was expressed by Goldendale representatives regarding language changes under Section 3(d) from "$1,460 per year for each general authority Washington peace officer" to "$1,460 per person affiliated with the other governmental agency and utilizing services". Administrator Bellamy noted concerns with what is meant by "affiliated with" advising that language is too broad and needs to be tightened up, as there are peripheral people who may use dispatch on a limited basis.

Sheriff Mace advised there are other individuals using the service besides general authority peace officers. This creates work in the dispatch center for which Klickitat County is not being compensated, noting the City of Goldendale utilizes 25% of the work occurring in the dispatch center. The Goldendale dog control officer, water department, city attorney, reserves, etc. utilize the county’s frequency. If a reserve is being utilized full time on a provisional basis some type of compensation should be made.

Chief of Police Ned Kindler stated White Salmon has concerns regarding their utilization of reserve deputies once or twice a year for events, and requested fair consideration, noting the county frequency is only utilized by the city’s law enforcement personnel.

Administrator Bellamy advised that Goldendale’s water department uses dispatch for off-hour water emergencies. Sheriff Mace advised that emergency call-outs are not counted and that service has always been provided. The intent of the new language is to attempt to close loopholes which exist in the present language.

Chief of Police Dave Hill stated that Goldendale’s animal control officer should not be using the county dispatch center when doing city dog control, and that these are costs that the city can control. Chief Hill expressed concern regarding their police reserves utilizing airtime, noting the total time equates to approximately one FTE. He suggested that proposed contract language is too broad, but adding that he is aware that it does financially impact the county to provide the service.

Administrator Bellamy advised it may be fair to assess the city for one additional person at the $1,460 annual rate to cover all of the miscellaneous use, noting he doesn’t have a problem with the city contract utilizing the general authority peace officer language and adding one additional person. He stated that they would ensure that the animal control officer utilizes the city frequency for city dog control matters, adding that this use of airtime should be insignificant.

Commissioner Thayer stated that since White Salmon only has one reserve it would not be fair to assess them the fee for one additional person.

Discussion concluded with agreement that the language would remain "general authority peace officer" adding one additional person to the City of Goldendale’s contract.

Prisoner Housing: Sheriff Mace noted the issue is about the fees and how the county assesses the entities for those fees. He noted that he doesn’t recommend a reduction in the prisoner per day fee, as the price is fair.

Discussion was held regarding the contract language that establishes how fees are to be assessed with Administrator Bellamy advising a better capacity figure would be 49 rather than 38. Concern was also expressed with regard to Section III (3) "prisoner day" advising the court views a prisoner day differently than is being used by the jail for billing purposes. Administrator Bellamy concluded by advising that he would draft language for consideration, with the intent of providing a specific definition of a "prisoner day".

Chief of Police Kindler said that White Salmon had no problem with the contract.

Municipal Court Services: Commissioner Thayer summarized discussions the Board has had to date with the district court judges regarding assessment of municipal court service fees.

Administrator Bellamy summarized the issues from Goldendale’s perspective, noting that the city has returned to using the county for municipal court services and assessment of fees. He added that they did request to be charged on the same basis as the other cities once Goldendale had a filing history. It was noted that the present proposal is to charge all the cities based on the full budget amount, not just the judge’s salary/benefits amount. This will mean an increased payment for both Bingen and White Salmon.

Discussion was held regarding how fees are presently being assessed to the three entities. Also discussed were revenues from fines and forfeitures to the cities for city cases and what it costs the county to provide the services relative to the overall budget.

Mayor Holen questioned what revenues are generated from fines and forfeitures to the benefit of the county, noting he is curious what their contribution is to the overall budget of the county. He was informed that those figures would be researched and provided at a later time.

Administrator Bellamy suggested there should be an analysis of fine and forfeiture revenue sources which support both West and East District Court. Once those figures are available the parties could revisit the issue with a unified voice.

Requests were also made regarding funding for 911 and the communications/dispatch budget from outside revenues, access line taxes, grants, etc. with the Board asking that Sheriff Mace and Director Chipman work together to provide the requested figures.

Commissioner Thayer noted that the balance of the court costs not covered by revenue from fines and forfeitures is funded from landfill dollars.

Commissioner Frey stated that all parties must recognize that there has been a loss of state funds for criminal justice programs and also must be aware of the potential loss of I-695 backfill funding from the State. She also noted that landfill revenues are tied to the economy and if the economy suffers then landfill revenues are affected accordingly.

Chairman Struck advised the County would work to gather the figures and information, which has been requested today.

Mayor Holen stated they are completing the 2002 budget process and are hopeful of no surprises.

4:15 PM – Corrections Legislation/Court Decisions

Sheriff Mace provided an update on new court rulings relative to mentally ill criminals and proposed requirements for county jail facilities.

Sheriff Mace also advised the Board of receipt of suspicious mail complaints and explained the manner in which his office is processing these complaints.

5:00 PM – Professional Services Agreement for the Six-Year Transportation Improvement Plan

Approved (M/Frey, S/Thayer. Passed unanimously) a Professional Services Agreement (#C20501) with the J&D Miller Company to provide the work necessary to develop the 2002-2007 Six-Year Transportation Improvement Plan. Remuneration shall be at the rate of $50.00 per hour plus reimbursable expenses with total maximum amount not to exceed $10,500.00.

Adjournment

There being no further business before the Board, the meeting was adjourned at 5:45 PM.

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Reference Document on File