Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, January 24, 2006

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, January 24, 2006

Chairman Ray Thayer called the meeting to order at 8:45 AM.

Commissioners present: Ray Thayer and Don Struck.

Commissioner Joan Frey joined the meeting at 9:20 AM.

Workshop Session Agenda

8:45 AM – Lobbyist Jim Potts via telephone conference

Attendance: Watershed Program Coordinator Dave McClure and Chief Financial Officer Glen Chipman

Mr. Potts stated that he will provide updates on bills of interest to the County via email weekly and through periodic telephone conference calls.

Coordinator Dave McClure advised of proposed bills regarding water apportionment and watershed planning in the Columbia River mainstem that are of great interest to both Klickitat and Benton County. The bills as proposed are fraught with a number of problems and appear to circumvent watershed planning in the mainstem, noting that the Columbia River Task Force will offer a counter proposal to be presented to the Water, Energy and Environment Committee hearing on Friday. Mr. Potts noted that next Friday is the cut-off for bills and stated that he will try to attend the hearing on Friday. The County can provide written testimony or can sign up to provide oral testimony at the hearing.

On another issue related to water shed planning Coordinator McClure advised that the county would like to propose legislation to split WRIA 29 which encompasses the White Salmon River basin affecting Skamania County west of the basin and Klickitat County east of the basin. Planning in that portion of WRIA 29 located west of the basin has continued but planning east of the basin has stalled. Splitting of the WRIA would allow Klickitat County to plan on its own for the area east of the basin realizing that the funding would be split between the two areas. Coordinator McClure stated he has had conversation with Representative Bruce Chandler and will provide him with proposed language based on how WRIA 40 was split.

10:10 AM – Public Works Department Update

Attendance: Public Works Director/County Engineer Scott Smith, Assistant County Engineer Bjorn Hedges and Equipment Supervisor Steve Nygaard.

Public Works Director/County Engineer Scott Smith began discussion regarding establishing ER&R (Equipment Rental & Revolving) rates to be charged for 2006, noting the revised schedule includes monthly rates for those units that are charged by the month rather than an hourly rate. Director Smith advised that they are currently in the process of reviewing the equipment inventory and would propose to surplus those units that are not cost effective to retain. One unit which will be proposed for surplus will be the lay-down machine which Director Smith advised would be sold through the sealed bid process versus public auction so they can target those likely to be interested in the unit. A review of the equipment rates will show that some equipment is being utilized as intended with other units that are not used cost effectively becoming apparent.

Responding to questions by Chairman Thayer, Director Smith advised that the lay-down machine receives significant use every third or fourth year and is uncertain of what justification may have been provided when the machine was acquired in 1999, adding although the machine has depreciated over five years it has a salvage value due to the low hours. Director Smith stated that he is unaware of what the rental cost would be to rent a machine but would need to know that as well as availability prior to completing a surplus list. The county does have what is considered “special use” equipment, i.e. pneumatic rollers, 5-yard dumps, etc. which have higher rental rates due to the low hours of use in order to spread the cost out, adding that you end up paying the extra dollars to keep them in inventory.

Director Smith stated that it will be known within six months to a year whether or not the rates are adequate which some rates needing to be adjusted up or down. Following further review and discussion Chairman Thayer commended the Road Department on the proposed rental rate structure, further adding that the rates are subject to review and adjustment on an annual basis therefore are not cast in stone.

Agenda

Regular Meeting for Tuesday, January 24, 2006

Approved (M/Struck, S/Frey. Passed unanimously) the Business Agenda with one addition: Superior Court Judge Tom Reynolds, East District Court Judge Brian Altman and West District Court Judge Bob Weisfield for a follow-up discussion on the Adult Probation Department request for a new staff position.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

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Approved (M/Frey, S/Struck. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for January 3, 2006 as presented.

Citizen Comment

No one appeared wishing to provide citizen comment.

Workshop Session Agenda (Continued)

Workshop Session – Tuesday, January 24, 2006 (Continued)

9:40 AM – Public Works Department Update/Continued

Attendance: Public Works Director/County Engineer Scott Smith and Assistant County Engineer Bjorn Hedges.

Assistant Engineer Bjorn Hedges advised that the draft haul agreement with PPM Energy for the Big Horn Wind Farm is presently under review by legal counsel. As proposed PPM will utilize Roosevelt Grade Road as a haul road to the point where it intersects with Middle Road. PPM will be responsible to reimburse the County for damages to the paved portion of Roosevelt Grade Road from the landfill entrance to Middle Road consisting of approximately 1.6 miles, with the County responsible for repair of damages to Roosevelt Grade Road up to the landfill entrance. Repairs to the paved portions will be performed by the County with PPM responsible for the repairs to the gravel portions they haul over. The haul agreement also includes approximately $282,000 for damages and future repairs to Dot Road. Over weight restrictions are in place as allowed by the conditional use permit due to weather conditions. PPM hopes to have the eight turbines developed when the road conditions are at their best.

Director Smith stated that the County needs adequate language in the conditional use permit to cover impacts to roads by future wind energy projects.

Engineer Hedges informed that the White Creek Wind Project is ready to move forward which will provide $1.3 million dollars to upgrade Dot Road from Old Highway 8 to Newell Road which is currently scheduled for 2011. CRP (County Road Project) resolutions will be presented for consideration next week.

Engineer Hedges advised that the County Road Administration Board requires 2005 carryover projects involving RAP funding to be included in the 2006 Annual Construction Program, adding that the Hale Road Project includes $200,000 in RAP funding. An amendment to the approved Six Year Road Transportation Program for the years 2006-2011 will be presented for consideration next week to include all 2005 carryover projects.

In response to an inquiry from Chairman Thayer, Director Smith advised he would verify whether or not the plan can be revised without holding a public hearing.

Engineer Hedges advised that he has not received a response back from the Port of Klickitat regarding the County’ s offer to sell them stockpiled rock for their building site at Bingen Point at $4.65 per cubic yard, further advising other contractors have expressed an interest in purchasing stockpile from the County. The revenue received from the sale of stockpiled rock will be used to purchase rock for the Fisher Hill project closer to the project site.

Engineer Hedges stated that they received several good applications to the need for temporary operators for snow removal and will put together a list.

Engineer Hedges advised that the Road Department received a letter submitted on behalf of residents along River Road in Trout Lake inquiring as to when the road would be chip sealed or paved, noting it is no longer on the six year program. Engineer Hedges stated that he did respond to the letter explaining that reconstruction as requested would be expensive for the County due to the limited 30’ right-of-way, significant number of trees in the right-of-way and the irrigation ditches and crossings on River Road. It was suggested that a joint effort by the residents with regard to assisting the County in receiving the required right-of-way, logging of the timber along the road and dismantling or relocating the irrigation ditches could help move this project along.

Commissioner Frey advised that the Glenwood Community Council has expressed concern regarding the slide area on the BZ-Glenwood Highway and are asking for a long-term preventative maintenance program. Engineer Hedges offered that there are two separate issues, one is a rock slide area and the other is a mud-slide area, adding he is working on a program and will be submitting an application for federal funding through the betterment program to fix the damage.

Elected Officials Report/Comments

East District Court Public Defender Contract

Judge Brian Altman advised that East District Court has not been successful in securing a public defender contract for the 2006 contract year further advising that bids were requested but at budget time no response had been received. One bid was received on December 28, which was after the County had adopted the 2006 budget. The bid requested a yearly amount of $44,000 for public defender services plus $700 per jury trial and $300 per bench trial which would basically provide a stipend for having cases go to jury trial. Judge Altman advised that he did reject the bid; noting adding a stipend gives the public the perception that public defenders are rewarded for the number of trials held. Public defender services are currently provided to indigent clients on an hourly basis with a rotation between five lawyers. It is hopeful that a suitable contract can be secured by mid-year to cover the balance of 2006 and 2007.

Commissioner, direct deposit and routing numbers between the two accounts, or will a deposit slip work as well.

Commissioner Struck stated that the proposal for West District Court public defender services was not approved and that a request had been made of Judge Weisfield to renegotiate the figures with the same rate for the 2006-2007 contract periods.

Follow Up on 2006 Adult Probation staffing request

Attendance: Superior Court Judge Tom Reynolds, West District Court Judge Bob Weisfield, East District Court Judge Brian Altman, Prosecuting Attorney Tim O’Neill, Personnel Director Lori Wolford and Chief Financial Officer Glen Chipman.

Revisiting the Probation Department request for an additional staff person for 2006 Superior Court Judge Tom Reynolds reiterated his support. Judge Reynolds advised that Chief Probation Officer Larry Barker has offered to continue the drug court program after the Department of Corrections determined it would no longer provide the service.

In response to a question posed at budget time regarding use of trial court improvement funds toward the new position Judge Reynolds reminded that the intended purpose of the funding was to provide capital improvements to the courts. The judges would not be opposed to using a portion of the funds in the first year toward costs of the new position, but not on an ongoing basis. Judge Reynolds advised that he feels general fund dollars should be used to fund the position in future years, noting that the original proposal has been downgraded from a Range 14 to a Range 12 at a cost of approximately $36,000 per year with benefits plus an additional $2000 for start-up costs.

Judge Bob Weisfield encouraged Commissioner approval stating that a probation officer is needed to monitor and supervise the individuals that the court sentences as there needs to be consequences and follow-up for these individuals. Judge Weisfield offered that he has no objection with using trial court improvement funds as start-up funds.

Judge Brian Altman stated that the alternative based on the Chief Probation Officers present work load would be for the courts to be more selective on what cases they give to the department. Judge Altman encouraged approval of the position and advised that the Superior Court Drug Court program is a success throughout the state, it works and works well.

Responding to a question from Chairman Thayer as to the number of cases assigned to the drug court in a year Judge Reynolds advised it is around ten, but it does vary. Individuals sentenced to the drug court program are required to report to a probation officer on a weekly basis and in turn the probation officer is required to report directly to the court on a monthly basis, noting the alternative to probation is to put individuals in jail with longer sentences which costs the county.

Judge Reynolds responded that funds received from the state for the trial court improvement fund are to peak at 50% of the district court judges salary in two to three years, further advising that the State is to begin picking up some of the court costs such as indigent defense, interpreter costs and juror fees which are proposed to increase to minimum wage.

Offering clarification on the funding Chief Financial Officer Glen Chipman stated that the final bill approved by the legislature changed from the state paying 50% of the district court judge’s salaries to the state contributing 50% of its share of new revenue from the filing fee increases. The amount was reduced this biennium to use some of the new revenue for other court related programs. As a result the anticipated revenue stream from State funds will only be about 10% of the district court judge’s salaries for this biennium or about $13,216 per year and the amount for the next biennium is projected to be $33,041 per year, noting it is unlikely that it will exceed 25% of salary.

Responding to concerns that the work crews may not be utilized to their fullest potential and that they could possibly be doing more work on the grounds of county facilities the judge’s advised they were unaware that there were issues and would certainly discuss this with the Chief Probation Officer.

In conclusion the Board concurred that they would support the new position with one-third of the funding to come from trial court improvement funds for the next three years.

Prosecuting Attorney Update

Prosecuting Attorney Tim O’Neill began his briefing by advising the Board that a sex offender received a conviction of 90 days in jail for failure to report. On another sex offender case the offender received a fourteen month sentence plus 48 months of community supervision by the Department of Corrections, which unfortunately is the maximum sentence available by law. Prosecutor O’Neill stated the sentencing guidelines need to be more flexible for these cases rather than a “one-size” fits all.

Executive Session – Pending and Potential Litigation

The Board convened into Executive Session at 10:58 AM with Prosecuting Attorney Tim O’Neill in accordance with RCW 42.30.110 (1) (i) to discuss potential and pending litigation. It was noted that the session would last for 5 minutes.

The Board reconvened back to Regular Session at 11:03 AM.

Consent Agenda

Approved (M/Struck, S/Frey. Passed unanimously) the Consent Agenda, noting Item No. 8 has been pulled pending further discussion with the Public Works Department:

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1. Resolution #01506 in the matter of investing $105,500.00 in excess cash within the Flood Control Fund #112.

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2. Resolution #01606 in the matter of establishing equipment rental rates for the Equipment Rental and Revolving Fund effective January 1, 2006 including a single rate for the operating and replacement cost.

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3. Scheduling public meetings to be held on Tuesday, February 7, 2006 at 1:30 PM as follows:

· Consider approval of Short Plat SPL2005-34, which alters Lot 1, SP-86-11: Applicant: Larry Clark; AND

· Consider approval of Boundary Line Adjustment BLA2005-07: Applicant: Gene Cyrus.

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4. Resolution #01706 in the matter of authorizing the Code Compliance Officer to commence proceedings to cause the abatement of the nuisance on Parcel No. 04-13-2350-1312/00 – Dan Johnson.

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5. Resolution #01806 in the matter of denying authorization to the Code Compliance Officer to commence proceedings to cause the abatement of the nuisance on Parcel No. 04-13-2350-1313/00 – George P. Sanchey.

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6. Resolution #01906 in the matter of appointing Chris Connolly of Bingen, Washington to serve as a member on the Klickitat County Substance Abuse Advisory Board for a three year term effective on the date of appointment, expiring December 31, 2008.

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7. Agreement (C01406) for Use of the Klickitat County Adult Correction and Detention Facility between Klickitat County and the City of White Salmon to provide suitable jail facilities and personnel for the booking and confinement of city prisoners effective January 1, 2006, terminating December 31, 2006.

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8. Pulled. Amendment No. 3 to the Agreement Regarding Operation and Maintenance of Dallesport Wastewater Facilities (#C06202) between Klickitat County and the City of Bingen replacing the term “budget” and “annual budget” with the term “contract fee” and “annual contract fee”.

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9. Professional Services Agreement (C01506) between Klickitat County (Health Department) and Washington Gorge Action Programs, Programs for Peaceful Living to provide partial funding and oversight for domestic violence and sexual assault counseling and outreach services.

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10. Amendment No. 1 (C01606) to the Interlocal Agreement for Preparation of a Community Wildfire Protection Plan (C07605) between Klickitat County and Trout Lake Fire District No. 1, extending the project completion date from December 31, 2005 to April 30, 2006.

Old Business

Authorizations to Hire a Utilities/Facilities Specialist in the Public Works Department

Approved (M/Struck, S/Frey. Passed unanimously) the hiring of a Utilities/Facilities Specialist, Range 13, Step A, in the Public Works Department. Director Lori Wolford noted that this is position is the evolution of the former CAD Technician position, noting a revised departmental organizational chart and job description will be presented for board approval at a later date.

Alternative Work Schedule/Assistant District Court Clerk/East District Court

Approved (M/Struck, S/Frey. Passed unanimously) the alternative work schedule for the Assistant District Court Clerk position in East District Court for a two year period. Director Wolford noted that this position works a 4-10 work week reverting to 5-8’s on weeks with a holiday which has proven to work well.

Authorizations to Hire a Criminal Records Technician in the Sheriff’s Department

Approved (M/Struck, S/Frey. Passed unanimously) the hiring of a Criminal Records Technician within the Sheriff’s Department to replace a vacant position at Step II of the current bargaining agreement. Director Wolford advised this position did go through testing by the Civil Service Commission and employment would be effective upon signature by the Board.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable (#151894-152004) for a total of $205,736.66 for 2005 bills.

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

Accounts Payable: (#152005– 152149) $266,236.30 & Manual Warrants (#93335) $1,212.38 for a combined total of $267,448.68 for 2006 bills.

Joint Meeting held at the Pioneer Center, White Salmon, WA with the Port of Klickitat Commissioners

(2:45 PM): Joint meeting was held with the Port of Klickitat Board of Commissioners to discuss issues of mutual concern with regard to marketing of the Dallesport Industrial Park property

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Present: Board of County Commissioners Ray Thayer, Joan Frey and Don Struck, Port of Klickitat Board of Commissioners Wayne

Vinyard, Rodger Ford and Norm Deo, Staff: Port Executive Director Dianne Sherwood, Administrative Assistant Vickie Drew, Byron Hanke, Port Consultant and Wayne Wooster, Business and Retention Specialist for Klickitat County.

In attendance: Jim Riley, Matt Riley, Mike Smith, Daniel Lichtenwald, Jim Lehman and Jim Broehl.

Discussion was held relative to marketing of the industrial properties in Dallesport and an overview and update on Bingen Point projects.

Note: Minutes will be provided by the Port of Klickitat which will be attached as part of the record.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:05 PM.

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Reference Document on File