Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, August 10, 2004

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, August 10, 2004

Chairman Joan Frey called the meeting to order at 10:09 AM.

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

Workshop Session Agenda

10:09 AM – Public Works Department Update

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

Director Nicholas informed the Board of a request from the City of Bingen to contract for asphalt paving within their city limits. However he cited several reasons why the department should decline, including their workload, lack of appropriate equipment and relative inexperience in paving with asphalt. He also noted that the request comes very late in the season and the City of White Salmon made a similar request last year that was turned down. Commissioner Thayer responded that the county had done paving for Bingen in years past and had done a good job and at the same time probably saved them money. He suggested that because of this Bingen has probably the best streets in the county. Commissioner Thayer and Commissioner Struck both agreed however that the request comes too late in the season, and concurred with Director Nicholas that the city should be directed elsewhere.

Director Nicholas asked for clarification on Item 2 of the Consent Agenda, noting that the Board had earlier questioned whether the county should share its digital data without seeking monetary compensation. He stated that there is very little time, material or labor involved and this avoids extra work that his staff might have to do in responding to information requests. Chairman Frey replied that so long as staff time is kept to a minimum, she supports offering this information at no charge, and Commissioner Thayer suggested that they could check with Yakima County to determine what their policy is. Director Nicholas said he believed that they offer their data for free, but he would verify that this is the case.

Director Nicholas also discussed changes to the county’s hosting policy, stating that it appears that he will have to personally reimburse the county for the $300 that it cost to put on the Maintenance Rodeo this year. Commissioner Thayer responded that he would not have to pay for this as the expense was approved, however the county will not be able to make this type of expenditure in the future. He stated that he did not wish to see an end to the Maintenance Rodeo, so a different way would have to be found to pay for the event in the future. Chairman Frey and Commissioner Struck agreed, noting that it was a valuable and worthwhile event.

Commissioner Struck asked if there had been a resolution to a complaint received that a mushroom buyer at the Trout Lake County Park was increasing traffic and disrupting the camping for others. Director Nicholas responded that Building and Grounds Manager John Ihrig investigated the situation and he believes that the situation is now alright and the individual is not buying mushrooms in the park itself. Manager Ihrig did note that there are many campsites occupied by pickers that have three or four tents each, but they pay their camping fees and cause no trouble.

In a related matter, Director Nicholas said that some surrounding property owners are paying the overnight fees for campsites at the Trout Lake Park in order to stop people camping adjacent to their property. He suggested that this was wrong because it could prevent utilization of the park by members of the public who wanted to camp there. Director Nicholas added that he would like a general review of camping rules and regulations. Commissioner Struck suggested that a workshop be scheduled that would include Manager Ihrig and Park Attendant LaRae Vaughan. Executive Secretary Cris McEwen said that she would schedule a workshop.

Commissioner Struck then asked if counties in Washington State have the statutory authority to compel the donation of right-of-way as a condition of approving their short plat. Director Nicholas responded that he believed that they do have that authority, which includes obtaining 60 foot wide right-of-way. Commissioner Struck noted three instances where county residents questioned the requirement, including one case where a resident wants approval for a 2 lot short plat but his house and garage are partially within the 30 foot width from centerline that has been requested by the Public Works Department. Director Nicholas stated that he would investigate the situations.

Commissioner Struck said a Brislawn Road resident contacted him about the Road Department spraying oil on her car. Director Nicholas said he was familiar with the situation and Road Supervisor Wayne Trosper attempted to correct the situation but the car’s owner was very upset and then wouldn’t even allow him to look at the vehicle. Commissioner Struck said that she is OK now.

Commissioner Struck also noted that a Lyle area resident is unhappy that Sauter Road is still not improved, even though it has been on the six year road plan for many years. Commissioner Struck recommended that they attend the public hearing on the six year plan to voice their opinion on the record. Director Nicholas replied that he thought that either Sauter Road or Balch Road (which is the extension of Sauter Road to the north of Old Highway 8) was scheduled to be vacated, but he would check to be certain.

Commissioner Struck also reported a conversation with Sheriff Mace on earlier proposals to place plexiglass in the reception area of the Sheriff’s Office, noting that the Sheriff has safety concerns. Chairman Frey stated that the entire reception area needs work.

Director Nicholas stated that an industrial hygienist conducted an appraisal of the air handling system of the corrections facility and found things generally satisfactory except for the kitchen where there is concern that deficiencies in the system may promote mold growth. Director Nicholas added that a written report will be submitted soon.

Commissioner Struck said that he drove the length of Rattlesnake Road and found that 35 MPH was a suitable speed. (He had expressed concerns at last week’s public hearing that reducing the speed limit from 50 MPH to 35 MPH might be inappropriate.)

Commissioner Struck stated that residents on Powerhouse and Arnett Roads are very pleased with the road improvements.

Commissioner Thayer said that he received a complaint on the proposal to change the speed limit from 50 MPH to 35 MPH on Tom Miller Road.

Commissioner Thayer said he also received an inquiry as to why there was county road construction equipment on West Winterstein and Hunter Roads. Director Nicholas said he didn’t know as the department hasn’t started any projects in that area.

In a follow up from last week Director Nicholas said that a second property owner is willing to provide right-of-way in order to improve a road radius on Spring Creek Road and this will allow the paving project to go forward as originally routed.

Chairman Frey noted that last winter the county had placed some coarse rock on soft portions of Obrien Road and suggested that there are other sections that need the same type of rock. She added that road improvements aren’t necessary past Max Fernandez’ gate as that is the extent to which the road is traveled. Director Nicholas said that he would look into the situation.

Responding to Commissioner Thayer, Director Nicholas said that site preparation at the Pioneer Center is progressing slower than he had hoped and expected, and although the contractor had a legitimate delay of about two weeks, there doesn’t appear to be adequate staffing or equipment at the present time, thus causing further delays. Director Nicholas said that he will write a letter to exert more pressure, though he noted that the contractor has entered into a contract with Mid-Columbia Asphalt to apply rock on the site, which will help get the project caught up.

Morning Workshop Session – Tuesday, August 10, 2004 (Continued)

11:00 AM – Personnel Department Update

Personnel Director Lori Wolford briefed the Board on efforts to secure long term/assisted living insurance coverage for the seven LEOFF I members. She stated that Allianz has denied coverage for five retirees and Penn Treaty will cover those five at a lesser benefit level. Director Wolford noted that the total premium for all seven retirees would be $5,401 annually and the benefit could start as early as September 1, 2004. Commissioner Struck stated that this appears to be money well spent and Chairman Frey and Commissioner Thayer agreed. Director Wolford said that she would proceed with submittal of the applications.

Director Wolford also briefed the Board on renewing employee health insurance, stating that they received a quotation from Premera, the present carrier that is nearly a 21% increase, which is much higher than hoped. She stated that the insurance committee will explore all options, including reductions in benefit levels and increases in deductibles.

Director Wolford also reported that the Consumer Price Index (CPI) rose 2.5 % for June (as calculated on an annual basis). She noted that the August CPI is used as a benchmark in considering a possible Cost of Living Adjustment (COLA).

Lunch Recess

The Board recessed for lunch at 11:28 AM.

Call to Order/Roll Call

Regular Meeting for Tuesday, August 10, 2004

Chairman Joan Frey reconvened the meeting at 1:14 PM.

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

Agenda

Business Agenda

Approved (M/Thayer, S/Struck. Passed unanimously) the Business Agenda with one addition under Old Business, that being Board authorization to proceed with securing long-term care for LEOFF I members.

Approval of Commissioner Meeting Minutes

Approved (M/Struck, S/Thayer. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for July 20, 2004 as presented.

Citizen Comment

There was no one in attendance wishing to make public comment.

Public Meetings/Public Hearings/Bid Openings

Public Hearing – Consider an Abatement Assessment Against the Property of Joe W. and Linda L. Luth

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Approved (M/Thayer, S/Struck. Passed unanimously) Resolution #13404 directing the Klickitat County Treasurer to record with the Klickitat County Auditor an abatement assessment which shall constitute a special assessment/assessment lien against the property of Joe W. and Linda L. Luth, Parcel No. 03-10-0252-0002/00, in the amount of $6,438.53. Prior to approval of the motion the public hearing proceeded as follows with Chairman Frey opening the hearing and noting the procedural sequence. She then asked for disclosure. Commissioner Struck stated that he has had conversations with Mr. Luth that he characterized as sometimes heated, but nonetheless Commissioner Struck felt that he could render a fair and impartial decision. Commissioner Thayer and Chairman Frey stated that they had no ex parte contacts or potential conflicts of interest.

Director Grimes stated that the initial nuisance case came about when the department received two written complaints in August of 2000 and the abatement process began. The case was closed in December 2001 when the property owners met the minimum requirements for compliance. Director Grimes then noted a second nuisance case begun in January of 2003, and despite attempts to work with the property owners to achieve compliance, the Board authorized the abatement process in March of 2003. A warrant was secured to enter and abate the property on May 4, 2004 and actual abatement was begun on July 6, 2004, using a contractor selected through the open bid process. The abatement was completed in an acceptable manner and all costs including the contractors have been paid.

Director Grimes then stated that the report of abatement and proposed charge has been submitted to the Board and there is today an opportunity for anyone interested in or affected by the proposed charge to offer any protest or objection to the Board. Afterward the Board may make any revision or correction to the report and charge, or even reject the charge. Director Grimes noted that the Board essentially has two choices in regard to the proposed charge: it can make this the personal obligation of the property owners and direct the Prosecuting Attorney to collect the charge on behalf of Klickitat County, or make this a special assessment against the property, to be recorded as a lien against the property of Joe W. and Linda L. Luth. Director Grimes recommended the latter course of action.

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After presentation of the staff review Commissioner Thayer noted receipt of a letter from Mr. Luth that was hand delivered on July 24, 2004 and asked that the letter be submitted as part of the official record. Commissioner Thayer then asked Director Grimes to respond to allegations by Mr. Luth that nine items were removed from his property that had previously been allowed to remain.

Director Grimes responded that the department thoroughly reviewed Mr. Luth’s complaint, including conferring with Jody Fleury, the previous Code Compliance Officer. Director Grimes stated that Mr. Luth was never told that he could keep any items beyond farm related items and was offered the chance to declare what items he wanted left behind. He added that Mr. Luth was given ample opportunity to claim items as farm related, including many of the nine items Mr. Luth charged were improperly taken.

Chairman Frey noted for the record that there was no one present wishing to provide any testimony in this matter, and then closed the hearing.

Public Hearing – Consider Request to Amend Conditional Use Permit CUP2000-22 to Allow Rocked Surface Rather than Paved Road

Approved (M/Struck, S/Thayer. Passed unanimously) the request by Ross Island Sand and Gravel to modify Condition 3.8.4 to the requested language and directing staff to prepare findings, conclusion and decision waiving the requirement for paved roads and instead allowing a rocked surface. Prior to the motion the public hearing proceeded as follows with Chairman Frey opening the hearing and noting the order of procedure.

Chairman Frey then asked for disclosure and she as well as Commissioner Struck reported no ex parte contacts or potential conflicts of interest. Commissioner Thayer declared that he had attended a meeting approximately three years ago with representatives of Ross Island, who explained their hauling procedure. He stated that the meeting was informational in nature and he did not believe that it would interfere with his ability to render an impartial decision. However he offered to step down if there was an objection to his taking part. Chairman Frey noted for the record that there was no objection to Commissioner Thayer’s participation. She then asked for a staff review:

Planning Director Curt Dreyer stated that Ross Island Sand and Gravel received Conditional Use Permit No. CUP2000-22 on March 12, 2001 and has now submitted a request to modify Condition 3.8.4 of the CUP to remove the requirement for paved off-site roads. Director Dreyer added that a SEPA checklist was completed for the CUP2000-22 project and because the SEPA mitigation measures anticipated the use of graveled roads including the requirement for watering these roads, any further SEPA review was not required. He noted also that agencies and the surrounding landowners were notified of this hearing, though the Port of Klickitat was not notified as they have no property within 300 feet of the project. Director Dreyer stated that the Board should determine whether the project will remain consistent with the purpose and intent of the Industrial Park zone and will not conflict with existing or future uses in the surrounding area if the modification is approved. If both of these criteria can be answered in the affirmative, then the Board should approve Ross Island’s request.

Chairman Frey asked for the applicant’s presentation and Steve Hultberg, Attorney at Law for Perkins Coie LLP stated that the original application called for gravel roads with water to be used for dust mitigation. He added that the condition calling for paved roads “slipped in” and Ross Island didn’t have the opportunity to address this change. He further noted that paved haul roads of this sort are almost never seen because of the considerable expense to construct and maintain pavement that can withstand these severe loads. Mr. Hultberg also stated that a paved road would create storm water problems and would invite public use that could place cultural resources at risk. In regard to the Port of Klickitat not being notified, he stated that Ross Island must get a road maintenance agreement with the Port, so this request for modification is certainly not something that they are attempting to slip by the Port.

Chairman Frey asked if there was further testimony in favor, or any testimony against. Hearing no reply she noted for the record that there was no further testimony.

Following further discussion and clarification Chairman Frey asked if any Board motion should be contingent upon a road maintenance agreement between Ross Island and The Port of Klickitat. Both Commissioner Thayer and Commissioner Struck stated that they believed that the Port’s interests are well protected because the haul road is theirs and they would have final say on any conditions they wished to have Ross Island adhere to.

Following passage of the motion Director Dreyer stated that he would prepare findings, conclusion and decision in support of Board action which will be presented next week for formal Board approval.

Consent Agenda

Approved (M/Struck, S/Thayer. Passed unanimously) the Consent Agenda in its entirety. It was noted that Item 3 was changed to include consideration of an SUV similar to a model recently purchased by the Building Inspection Department.

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1. Notice setting a Joint Public Hearing of the Boards of Benton, Kittitas, Klickitat and Yakima Counties to be held at 10:00 AM on Wednesday, September 8, 2004 to consider approval of the Watershed Management Plan, Yakima River Basin. The public hearing will be held in Room B-33 of the Yakima County Courthouse, 128 North Second Street, Yakima, Washington.

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2. Agreement for Digital Data Sharing between Klickitat County and Tierney Appraisal Services effective August 10, 2004 for property appraisals requiring access to various data compiled by the County’s Public Works Department.

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3. Notice of invitation to bidders and scheduling a bid opening for 1:30 PM on Tuesday, September 7, 2004 for the purchase of one (1) Utility Vehicle for use by the Assessor’s Office.

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4. Resolution #13504 authorizing hosting of meals as part of the regular meeting of the Klickitat County Public Economic Development Authority.

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5. Recommendation and request from the Building Inspection Department to award bid to Ray Schultens Motors of The Dalles, Oregon for the purchase of a 2005 Ford Escape XLT 4X4 4-door in the amount of $24,242.06.

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6. Notice of invitation to bidders and scheduling a bid opening for 1:30 PM on Tuesday, September 7, 2004 for the improvement of 1.31 miles of Oak Creek Road, County Road No. 21370, by clearing, grading, installing drainage, and providing and placing surfacing, fencing, and other work.

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7. Resolution #13604 authorizing the Buildings & Grounds Department to purchase (1) Used 1999 Flareside Ford Ranger 4X4 Pickup from Ray Schultens Ford as bid in the amount of $14,445.00.

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8. Contract (#C17904) between Klickitat County Health Department and Klickitat Skamania Development Council to provide prevention services within the county.

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9. Service Agreement between Mid-Columbia Transportation Cooperative and Klickitat County (Senior Services) to provide maintenance services for the buses housed at and operating out of the White Salmon facilities.

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10. Resolution #13704 scheduling a public hearing for 1:30 PM on Tuesday, August 31, 2004 to consider a supplemental budget for various funds and departments in the amount of $2,083,902.

Road Permits

Permits Approved:

P081004 through P081004-3

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P081004

Glacier Springs Water Association, Trout Lake, WA – Bury and maintain a water line across Dean Road, County Road No. 17320, at Mile Post 0.69.

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P081004-1

Sprint, c/o Bill Muncey, Hood River, OR – Push or bore a conduit under Snowden Road, County Road No. 11000, at Mile Post 2.26 and bury and maintain the cable along the east side to Mile Post 2.23.

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P081004-2

Terry L. Black, Wishram, WA – Install a sewer line across Ross Street, County Road No. 29030, at Mile Post 0.04.

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P081004-3

Gary Burgess, Centerville, WA – Construct an approach to the north side of Horseshoe Bend Road, County Road No. 22140, at Mile Post 9.37.

Miscellaneous Reports/Comments

Cayenta Financial Software Conversion

Chief Financial Officer Glen Chipman reported a successful conversion to the new Cayenta software system for county finances. He stated that there were several “bugs” which were quickly corrected and the actual conversion was accomplished last Saturday afternoon. He told the Board that he expects a few more “glitches” in the next few weeks.

Old Business

Applications for Long Term and Assisted Living Insurance for LEOFF I Members

Authorized (M/Thayer, S/Struck. Passed unanimously) Personnel Director Lori Wolford to proceed with submittal of applications for long term/assisted living insurance for LEOFF I members.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#136948 – 136954) $79,287.03

Combined Payroll: (#75830 – 76111, 136955 – 136969 & Electronic Transfer 312 and cancelled warrants #040153, 04290 & 055542) for a net of $418,325.56

For a combined total of $497,612.59

Road Department Payments

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Authorized (M/Struck, S/Thayer. Passed unanimously) the final Progress Payment to Mid-Columbia Paving Company, in the amount of $81,123.03, which includes $4,056.15 retainage for a net of $77,066.88 for the Crack Sealing 2004 project.

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Authorized (M/Struck, S/Thayer. Passed unanimously) the July Progress Payment to Anderson Environmental Contracting, in the amount of $34,400.00, including $1,720.00 retainage for a net of $32,680.00 for the Pioneer Center site preparation project.

Adjournment (3:05 PM)

There being no further business before the Board, the meeting was adjourned until 2:00 PM on Thursday, August 12, 2004

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Thursday, August 12, 2004

Chairman Joan Frey reconvened the meeting at 2:45 PM.

Commissioners present: Joan Frey and Ray Thayer.

Commissioner Don Struck was absent.

Workshop Session Agenda

2:45 PM – Review of Proposed Supplemental Budget #2004-03

Attendance: Chief Financial Officer Glen Chipman, Chief Probation Officer Larry Barker, Building and Grounds Manager John Ihrig, Public Works Finance Manager Eric Greene, and Planning Administrative Assistant Linda Randall.

Mr. Chipman presented an update on the proposed supplemental budget and the Board was able to ask questions of those in attendance. There were also questions that the Board had regarding the supplemental request from the Sheriff’s Office, however there was no representative from that office present.

3:45 PM – Consideration of Nuisance Abatement on Parcel No. 05-14-2200-0007/00

Building and Compliance Director Skip Grimes presented a nuisance abatement case involving Parcel No. 05-14-2200-0007/00 and recommended not proceeding with abatement. The Board directed that the appropriate resolution be drafted to that effect.

Adjournment

There being no further business before the Board, the meeting was adjourned at 5:00 PM.

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Reference Document on File