Minutes - Meeting of Tuesday, November 4, 2003

Topic

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, November 4, 2003

Chairman Pro-Tem Joan Frey called the meeting to order at 10:10 AM.

Commissioners Present: Joan Frey and Don Struck.

Chairman Ray Thayer was absent.

Workshop Session Agenda

10:10 AM – Public Works Department Update

Attendance: Public Works Director Larry Nicholas and Goldendale resident Daniel Lichtenwald.

Director Nicholas said that the Public Works Department had a successful bid opening this morning for improvements to the Trout Lake County Park septic system. He noted that there were three bids, with the lowest and successful bid coming in at about $19,500 with the highest bid at about $29,000. Executive Secretary Cris McEwen stated that the contract could be made an add-on for this afternoon’s regular session and the Board concurred to allow.

Director Nicholas stated that Senior Traffic Engineering Technician Juan Randall would like to retain the services of a temporary employee who assists him. Director Nicholas added that it would be until the end of the year and would be for less than thirty hours a week. Commissioner Struck asked if there was money in the department budget to cover the additional wages and Director Nicholas responded that there was. The Board granted approval of the request.

Director Nicholas said that he has had no response from the Prosecuting Attorney’s Office regarding several requests the Public Works Department has made for legal advice and assistance. He added that two of the requests involve important legal situations involving the Dallesport Wastewater Treatment System. Commissioner Frey noted that there have been recent resignations in that office that have undoubtedly affected their operations, adding that the Board would discuss the matter with Prosecutor O’Neill. She added that they may explore using outside legal counsel for some of these issues and Commissioner Struck agreed that they should look into that possibility.

Commissioner Struck stated that Warren Durst called him in regard to a large fir tree at the corner of Stratton and Captain Cook Roads in White Salmon. Mr. Durst stated that he is unable to continue trimming the tree to maintain traffic visibility at the intersection and requested county help. Director Nicholas indicated that he would explore the situation.

Regarding Commissioner Frey’s concerns last week about traffic safety on Little Mountain Road, Director Nicholas stated that Senior Traffic Engineering Technician Juan Randall has erected warning chevrons to alert drivers to the potential danger.

Director Nicholas recommended a budget for lobby furnishings at the West Klickitat County Pioneer Center. Commissioner Frey responded that the center needs appropriate furnishings and inquired about the size of the lobby and the cost. Director Nicholas stated that he would prepare a proposal.

Commissioner Struck said that he stopped by the West End Sheriff’s Office and was surprised by the amount of equipment needing to be moved to their temporary quarters. He added that the new office space would be ready for occupancy in about ten days.

Director Nicholas noted technical problems encountered with moving Building & Grounds personnel to the Public Works Annex. He stated that the Technical Services personnel were unavailable for a period of time to make computer connections and he assumed that they have been very busy with other projects.

Director Nicholas briefly discussed safety signage on Lincoln Street in White Salmon, specifically for pedestrian traffic.

Morning Workshop Session – Tuesday, November 4, 2003 (Continued)

11:00 AM – Consideration of Extension of Timber/Cattle Patrol Contracts

Sheriff Chris Mace informed the Board that Longview Fibre Co Timberlands (a local timber company) approached one of the patrol deputies about the possibility of extending the timber and cattle patrol contracts through the winter months. The suggestion from Longview Fibre was to reduce patrol hours to 40 hours per month for each of the two deputies. Sheriff Mace stated that his department made no plans for wage expenditures past the end of the contract and he also noted that one of the patrol vehicles requires engine and brake repairs, and would also need tires. Sheriff Mace suggested that the county might wish to do nothing and simply let the timber company contract directly for deputy services.

Commissioner Frey stated that she had some familiarity with the issue and contacted SDS Lumber’s Chief Forester Frank Backus. Mr. Backus felt that the patrols were very effective but would not specifically offer SDS’s financial help to extend the contracts. Commissioner Frey said that she would like to talk to the other timber companies.

Sheriff Mace said that he would contact Longview Fibre and ask them to approach the Board directly. Commissioner Struck agreed, stating that the timber companies need to submit a proposal to them.

11:45 AM – Litter Crew Supervisor Salary Step Placement Issue

Chief Probation Officer Larry Barker stated that since the new hire for the Litter Crew Supervisor/Community Service Coordinator has prior experience in supervising inmates, that the individual be started out at Step F of Range 9, rather than Step A. He added that Personnel Director Lori Wolford (who was also present) suggested Step D. Commissioner Frey said that she would favor Step D and Commissioner Struck agreed. Director Wolford stated that she would provide the proper form for Board approval

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, November 4, 2003

Chairman Pro-Tem Joan Frey reconvened the meeting at 1:10 PM.

Commissioners Present: Joan Frey and Don Struck.

Chairman Ray Thayer was absent.

Agenda

Business Agenda

Approved (M/Struck, S/Frey. Passed unanimously) the Business Agenda with two additions: approval of meeting minutes for September 15 and September 22, 2003, and a contract award for improvements to the Trout Lake County Park septic system.

Approval of Commissioner Meeting Minutes

Approved (M/Struck, S/Frey. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for September 15 and September 22, 2003 as presented.

Citizen Comment

Kris Mattson stated that the Washington State Parks and Recreation Commission has been surveying at the Klickitat Trail trailhead at Warwick and local residents have been told that Klickitat County is allowing construction of a parking lot there without the necessary permits.

Commissioner Frey responded by noting that Public Works Director Larry Nicholas had informed them last week that Parks and Recreation had solicited county participation in the trailhead project, including an offer to the county of railway ballast, but that the Board had indicated that the county would not participate. She added that she is concerned that they will continue their activities without gaining the necessary permits.

Executive Secretary Cris McEwen noted that the United States Forest Service has scheduled time with the Board to brief them on their decision on participation with the Klickitat Trail, the briefing to be at 2:30 PM on Tuesday, December 2, 2003.

Commissioner Struck asked Ms. Mattson who owns the property being surveyed and she responded that she was not sure, though it might belong to the county.

Commissioner Frey stated that they need to obtain some information from Public Works Director Larry Nicholas and Planning Director Curt Dreyer, suggesting that Parks and Recreation probably needs permitting of some sort.

Commissioner Struck replied that if Parks and Recreation own the property they may not need any permits, but probably need at least a road approach permit.

Public Meetings/Public Hearings/Bid Openings

Public Meeting – Consider Approval of Boundary Line Adjustment No. BLA2003-15; Applicant: Norman Jacox

Approved (M/Struck, S/Frey. Passed unanimously) Boundary Line Adjustment No. BLA2003-15 which alters the boundary line between Lots 1 and 2 of Short Plat No. SP-97-15, the applicant being Norman Jacox. Associate Planner Jannette Herrington stated in her staff review that the purpose of the adjustment is to place a horse barn and all property east of Crystal Lane into Lot 1.

Public Hearing – Consider Declaring Three County Owned Buildings in White Salmon as Surplus

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Approved (M/Struck, S/Frey. Passed unanimously) Resolution #18603 declaring three buildings located in White Salmon, WA as surplus to be disposed of by sale to the highest and best bidder:

152 NE East Street, now serving as the West End Sheriff’s office.

157 NE East Street, now serving as the Senior Services office.

279 NE East Street, a vacant house.

Prior to approval of the resolution Commissioner Frey had declared the hearing open and as there were no members of the public in attendance, she noted for the record that there was no public testimony in favor or against the proposal.

Commissioner Struck noted for the record that these three structures occupy portions of the property that the West Klickitat County Pioneer Center is to be built on.

Consent Agenda

Approved (M/Struck, S/Frey. Passed unanimously) the Consent Agenda except for Item 6 to be considered after the return of Chairman Thayer:

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1. Washington Department of Fish and Wildlife Lead Entity Operational Grant Contract (salmon recovery) (#C23403) to assist the lead entity with operational costs to organize and support a committee of representative salmon habitat interests.

2. Memorandum from the Planning Department scheduling a public meeting to be held at 1:30 PM on Wednesday, November 12, 2003 to consider approval of alteration to Lot 1, SP-99-15 and Lots A & B, BLA2002-00005; Boundary Line Adjustment No. BLA2003-14; applicant: Nelson and Jan Carmichael.

3. Memorandum from the Planning Department scheduling a bid opening to be held at 1:30 PM on Tuesday, December 2, 2003 for the purchase of five (5) ½ ton 2004 4X4 pickup trucks for use by the Road Department.

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4. Department of Social and Health Services County Program Agreement No. 0813-44518, Amendment No. 1(#C23503) to acknowledge a Business Associate relationship between the County and DSHS as defined by HIPPA.

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5. Resolution #18703 amending the job description and organizational chart within the Juvenile Department reclassifying the Diversion Unit Coordinator position to a Juvenile Probation Counselor I as well as modifying the job description for the staff managing the Diversion Program to reflect the added duties/responsibilities.

6. (Pulled) Kennedy/Jenks Consultants Contract Amendment No. 8 for additional services related to groundwater monitoring and ongoing biosolids support for the Dallesport Wastewater Treatment Facility.

Road Permits

Permit Approved: P110403

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P110403 Brian Theobois, Goldendale, WA – Construct an approach to the east side of Woodland Road, County Road No. 34320, at M.P. 4.04.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#128617 – 128817) $665,142.28

Combined Payroll: (#070528 – 070810, 128443 – 128462, M00107 & Electronic Trans. # 293) $531,725.97

For a combined total of $1,196,868.25

Road Department Payments

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Authorized (M/Struck, S/Frey. Passed unanimously) the final progress payment to Randy’s Red Rock in the amount of $15,516.55 for the 2003 Sanding Materials project.

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Consider Authorizing an Application for a Rural Washington Loan Fund Project for Huggy Bear’s Cupboards

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Adopted (M/Struck, S/Frey. Passed unanimously) Resolution #18803 authorizing the submission of an application for an amount not to exceed $700,000 to assist with the Huggy Bear’s Cupboards, Inc. Rural Washington Loan Fund (RWLF) Project to be located in Klickitat County.

Attendance: Steve Schafroth representing Mid-Columbia Economic Development District (MCEDD), Mary Harper of WorkSource Washington, Goldendale City Administrator Larry Bellamy, Public Works Director Larry Nicholas, Sam Lowry, news reporter for The Goldendale Sentinel and Goldendale resident Daniel Lichtenwald.

Prior to adoption of the resolution, the public hearing proceeded as follows with Commissioner Frey opening the hearing and asking for a staff review:

Business Recruitment & Retention Specialist Tom Seifert stated that this is a partnership that includes RWLF, the Mid-Columbia Economic Development District (MCEDD) and also WorkSource Washington where Mary Harper has helped with workforce issues. Mr. Seifert then provided some background on Huggy Bear’s Cupboards stating that the company presently employs 40 full-time and 5 part-time workers, and is presently located in Portland. However the company has found that manufacturing in the Portland area has become increasingly cost prohibitive as overhead expenses continue to rise. He said that the owner feels that he would have to liquidate the business or move out of that area. Mr. Seifert added that following relocation to Dallesport, the company will probably employ nearly 60 people at an average salary in excess of $26,000. He noted also that Klickitat County is not obligated to make any loan payments and all collateral arrangements are between Huggy Bear’s Cupboards and Washington State.

Steve Schafroth said that MCEDD was very supportive and funding from Washington State will also be used for equipment purchases.

Commissioner Struck expressed his thanks to everyone involved including Mr. Seifert, Larry Bellamy and the City of Goldendale, Steve Schafroth, Mary Harper, Kraig Kushar (Community Development Finance Specialist for RWLF) and Director Nicholas.

City Administrator Bellamy stated that the City of Goldendale had hoped that the company would have relocated to Goldendale, but they are pleased that it is coming to Klickitat County, nonetheless.

Old Business

Small Works Contract for the Trout Lake County Park Septic System

Accepted (M/Struck, S/Frey. Passed unanimously) a Small Works Contract (#C23603) with Graves & Associates, LLC in the amount of $19,533.62 for improvements to the Trout Lake County Park septic system. It was noted that $22,500 had been budgeted for this project.

Department Update

Personnel Director Lori Wolford discussed two issues, the first being a proposal to change the step progression of part-time employees so that they would be advanced after the six, twelve or twenty-four months required for that step, as is the case for full time employees. (The present method requires part-time employees to work the number of hours equivalent to those number of months for that step, thus resulting in a significantly longer time before promotion.) Director Wolford had two different options, the first providing a more rapid promotion to the next step for present part-time employees. The Board reached consensus to go forward with this first option.

The second issue was a consideration to award service pins or other recognition on the 10, 20 and 30 year service anniversaries of county employees. Commissioner Frey stated that they would defer the issue until Chairman Thayer returns.

Executive Session

Executive Session – Current Litigation

The Board convened into Executive Session at 3:00 PM with Prosecuting Attorney Tim O’Neill, Personnel Director Lori Wolford, and Executive Secretary Cris McEwen to discuss current litigation involving former Undersheriff Joe Merry.

The Board reconvened back to Regular Session at 3:40 PM.

Adjournment (3:40 PM)

There being no further business before the Board, the meeting was adjourned until 10:30 AM on Thursday, November 6, 2003.

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Thursday, November 6, 2003

Chairman Pro-Tem Joan Frey reconvened the meeting at 10:30 AM.

Commissioners Present: Joan Frey and Don Struck.

Chairman Ray Thayer was absent.

Workshop Session Agenda

10:30 AM – Consideration of Nuisance Abatement of Parcel No. 02-12-0358-5409/00

Building & Compliance Director Skip Grimes and Code Compliance Officer Jody Fleury presented a nuisance case involving Parcel No. 02-12-0358-5409/00 owned by Everette E. and Lois L. Clark. It was officer Fleury’s recommendation not to commence abatement proceedings, as the nuisance no longer exists. The Board directed the preparation of a resolution to that effect.

12:00 Noon – Lunch

1:30 PM – Northwest Power and Conservation Council’s Sub-Basin Planning Process in Klickitat County

Staff Present: Planning Director Curt Dreyer and Watershed Project Coordinator Dave McClure

Attendance: Bob Bugert, Eastern Washington Regional Coordinator with the Governors Salmon Recovery Office; Lee Van Tussenbrook, Washington Department of Fish and Wildlife Southwest Region Director, Ecosystem Management Program; Larry Cassidy, Salmon Funding Recovery Board/Northwest Power and Conservation Council; Tony Grover, Northwest Power and Conservation Council; Greg Schuler, Watershed Lead with the Department of Ecology Central Region Office; Robert McDonald, Consultant with Normandeau Associates; and Goldendale resident Daniel Lichtenwald.

Bob Bugert advised that the participants are present specifically in response to the letter that Klickitat County sent to the Governor regarding County concerns with the sub-basin planning process. Mr. Bugert stated that it is his hope to come away from this meeting with some take home action items on how to facilitate the County’s participation in sub-basin planning, noting he understands that the County has some level of discomfort with the process. Mr. Bugert further stressed that due to the way the Northwest Power Act is set up that the Northwest Power and Conservation Council (NPCC) is required to do sub-basin planning which will occur with or without the County’s participation.

Larry Cassidy commented that this is not the first planning process that the NPCC has gone through but most were completed without outside involvement. This is not the case with this round of sub-basin planning, noting the Governor has mandated that the stakeholders and local jurisdictions have to be included in the planning process. To avoid duplication they have rolled the 2496 watershed planning (EHSB 2512) and salmon recovery (ESHB 2496) plans together with sub-basin planning in every area in the Columbia Basin except Klickitat County. Mr. Cassidy stated they have proposed rolling the ESHB 2496 and sub-basin plans together in this County and make them work.

Commissioner Frey expressed concerns with rolling together a plan, which is citizen based, and a sub-basin plan that has neither citizen involvement nor the ability on the part of the County to monitor the data through technical expertise. Klickitat County is not involved in sub-basin planning at the lead entity level, which is contrary to what the County was initially lead to believe. The state may recognize the importance of having the County’s participation, however, the County envisioned being the lead entity responsible for the planning with the Department of Fish and Wildlife and the Yakama Indian Nation providing input. As it is, the Department of Fish and Wildlife and the Yakama Nation are creating the sub-basin plan; the County is subordinate which creates great concern. It was also the County’s understanding that funds would be provided to hire a technical consultant to assist the County by reviewing the technical and biological data that are compiled, noting a figure of $30,000 was offered in initial discussion with NPCC which is not adequate. Commissioner Frey questioned how the sub-basin plan would be folded in with the fish recovery and WRIA planning process.

Commissioner Struck offered that the bottom line is that the Yakama Nation looks at the entire process differently than local county government. To accept that they won’t have their own best interest at heart over the citizens of Klickitat County is ludicrous.

Mr. Bugert noted what he is hearing is the need for Klickitat County to have a representative role along with having the technical support to rely on in the process. Another concern expressed is which plan will have the most impact and how do they all come together with fish recovery and watershed planning.

Mr. Bugert stated sub-basin planning is structured differently than watershed planning which was developed by state statute to address water quantity and quality issues. Watershed planning is intended to be a vehicle implemented by rule and meant to address how best to manage water resources. The intent of sub-basin planning is to develop a strategy to fulfill federal government regulations and BPA’s obligation under the Fish and Wildlife Northwest Power Act to compensate for fish losses attributable to the dams. Sub-basin planning is not meant to supercede watershed or salmon recovery but to get the best return for the dollars expended by BPA. It is critically important for the County to be engaged in the management aspects of the sub-basin plan.

In response to Commissioner Frey’s inquiry as to what is the ultimate product expected from sub-basin planning, Mr. Cassidy responded, recovery of fish loss due to the dams on the mainstem Columbia River, noting there is no political support to tear out main stem dams. Fish recovery efforts in the off-stem Columbia River tributaries are the only way to accomplish the Federal mandate to recover salmon and steelhead runs.

Lee Van Tussenbrook noted that salmon recovery is happening because of sub-basin planning and some of the same people involved in the 2514 watershed and 2496 salmon recovery process also will be involved in shaping sub-basin planning. The Department of Fish and Wildlife and the Yakama Nation are doing the technical and biological component as not all counties have biological staff; it is critical for the County to be engaged in the management after the scientific piece is completed.

Mr. Cassidy advised that the County needs to be involved in the process of drafting the sub-basin plan, as he feels that fish recovery will not happen if a sub-basin plan is developed without County participation. He noted that there are no plans coming out of the NPCC that don’t have county involvement.

Commissioner Struck stated that there are two specific areas that personally create the greatest heartburn and are directly related to why he is reticent about sub-basin planning: in that we have outside technical people providing studies for our citizens’ review and comment, and noting we don’t have any one citizen capable of looking at a document of this nature and giving a rational/informed judgment; this leaves the County at a direct disadvantage. Commissioner Struck noted two areas in particular that lend concern the first being the EDT modeling which was done on the Little Klickitat River and secondly the Limiting Factors Analysis on the White Salmon River that was both fraught with holes. Commissioner Struck stated that these are two specific instances of technical assessment work with which is he is familiar which are simply not acceptable to the County.

Mr. Bugert suggested the need to setup some type of meeting with all of the agencies and entities represented in an effort to work through the issues of mistrust.

Dave McClure stated that the challenge for completion of the technical assessment is further compounded by the time frame, noting there won’t be adequate time for the public to be involved in the process.

Mr. Cassidy responded that BPA only provided a 24-month time period for the process, which has been delayed by efforts to get the County involvement. The technical assessment will be the building block for the 2496 salmon recovery process, which is why it is important that the County be involved to state what they will or will not do. Mr. Cassidy offered that the County would benefit by participating and money is available in the budget to fund a technical person of the County’s choosing, noting this is stated in the "Statement of Work" from the management point forward.

Mr. Bugert offered that the sub-basin planning process would be completed in late spring or early summer but that the 2496 salmon recovery process will continue. Projects that have technical strength and citizen support are the ones that make it to the top of the funding priority list with competition for funding increasing. The State’s salmon recovery funding and NPCC funding are two separate funding sources.

Commissioner Struck advised that he is still having trouble understanding how sub-basin planning which is Federal, melds with the State’s salmon recovery and water shed planning efforts, and inquired if they all come together at some point to be managed by the State.

Mr. Cassidy stated he doesn't view the NWPCC as being the Federal government and is convinced that fish recovery won’t work if the counties are not involved.

Dave McClure questioned how regional recovery is to be approached and how is the primacy of the watershed plan within its area to be maintained and how do we keep the State process which has had a lot of citizen involvement in the lead. Mr. McClure commented that there are a lot of jurisdictional issues as the Yakama Nation is a sovereign nation. The Yakama Nation is a stakeholder off-reservation where there are also other stakeholders. Off-reservation it is a State and local government issue to ensure the recovery plan is developing. Where are the assurances that the County is not participating in a sub-basin plan that the Federal government is not going to take a look at our plans and say that we don’t have an adequate recovery plan?

Mr. Bugert responded that the different planning processes are really tools to do the Federal government’s work. The purpose of recovery planning is to allow local citizens to be the ones to do the recovery planning rather than the Federal government, which generally uses a broad approach not meeting local citizen needs. The purpose of recovery planning as promoted by the Governor is to meet local citizen needs and to have them do the local recovery planning. In order to accomplish this all the funding sources available need to be used, which are the lead entity process, watershed planning and sub-basin planning. The Governors Salmon Recovery office serves as the broker to get Federal assurances. There are no assurances of protection against third party liability. The County can undertake the development of a recovery plan, but no state funding is available for recovery planning here. The State is funding regional recovery planning efforts. Potentially, the County could join the Yakima Basin regional planning board. Mr. Bugert offered to facilitate a recovery-planning meeting between the County and NOAA Fisheries and US Fish and Wildlife.

Discussion ensued relative to the next steps to be taken concluding with the County needing to develop a work plan in an effort to come to an agreement on an acceptable dollar amount to fund a technical advisor to review the data on behalf of the County. Commissioner Struck noted that the County would like to contact fellow commissioners in other counties that are doing sub-basin planning regarding their experience with technical consultant needs they have employed.

In conclusion, Tony Grover scheduled a follow-up meeting on Thursday, November 18, 2003 at 9:00 AM allowing adequate time for the Board to make the necessary contacts with other sub-basin planning counties and at which time Commissioner Thayer would be present.

Regular Meeting Extension: Workshop Session for Thursday, November 6, 2003 (Continued)

3:30 PM – Columbia River Gorge Issues and Activities Update

Consultant David Sauter updated the Board on the October 14, 2003 meeting of the Columbia River Gorge Commission where the following topics were discussed:

• A contested case of Friends of the Gorge versus the Gorge Commission executive Director and the Washington Department of Fish and Wildlife
• The Rowland Lake handicapped accessible fishing dock with respect to scenic impacts and visually subordinate considerations.
• A United States Forest Service plan review
• SMA Forest Provisions: Conversion of Forest Use to Agriculture Use, Scenic Act provisions, clearing forested land, new agriculture, and resource protection
• SMA General Land Use: lot line adjustments, size limitations and exemptions

• SMA Natural Resources: buffer requirements and wetland boundaries

Mr. Sauter also discussed the November 18, 2003 Gorge Commission meeting where the contested case of Howard and Jeanette Johnston was discussed and concluded by discussion the Lyle Urban Growth Boundary issue.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:30 PM.

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Reference Document on File