Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, May 30^th, 2006

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, May 30, 2006

Chairman Ray Thayer called the meeting to order at 10:06 AM.

Commissioners present: Ray Thayer and Joan Frey.

Commissioner Don Struck was absent due to his attendance at another meeting in Portland, Oregon, involving county issues.

Workshop Session Agenda

10:06 AM – Public Works Department Update

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

Engineer Hedges requested Board approval to hire a temporary equipment operator to replace an employee who will be out for about two months recovering from surgery. He suggested that the list of qualified snow plow operators that was compiled last winter would be a good source to choose from and noted that a formal request will be coming through the Personnel Office.

Engineer Hedges stated that there was a survey instrumentation malfunction and they are very pleased that the condition was recognized by the survey crew in the field. He credited the enhanced professionalism to personnel and training changes, noting that assistant engineering technicians have the opportunity to study and take an exam to be promoted to full engineering technician status.

Engineer Hedges said that retired department employee Emmett Miller will start inspector training on June 5 with the training occurring in the field during the Randall and Niva Roads project.

There was extensive discussion regarding the 2006 Road Construction Status Report, including how projects scheduled for this year would be influenced by decisions made about crushing contracts. Director Smith stated that those projects that must be done this year should be identified and noted that other projects will probably have to be postponed. Engineer Hedges stated that there is a link between the crushing contracts and the Bristol Road project and if this project were postponed it would allow them more time to develop a quarry in the area and probably result in a less expensive source of rock for the project. Engineer Hedges suggested that the Jenkins Creek project would also be a logical one to postpone, in part because they would like to move the intersection of the road and Highway 97 about 300 feet to the south to avoid a localized hill and they haven’t yet received permission from the Washington State Department of Transportation for the change. Chairman Thayer responded that the Board would probably be willing to delay the Jenkins Creek project but may have a problem postponing Bristol Road. He suggested that the decision on Bristol Road be deferred until this Thursday when Commissioner Struck returns.

Responding to an inquiry from Commissioner Frey, Director Smith stated that PPM Energy, Inc. has made repairs and improvements to Middle Road and they are allowing PPM to again use the road to transport their wind power equipment.

Morning Workshop Session – Tuesday, May 30, 2006 (Continued)

11:03 AM – Auditor’s Office Update

County Auditor Diana Pafford began her briefing by stating that they have tentatively scheduled a meeting for June 14 to discuss a Request for Proposals submittal for an imaging system for the county.

Auditor Pafford stated that they are making preparations to conduct training sessions on the new touch screen voting machines. She added that they are very interested in recruiting new poll workers and will be providing orienting meetings for all who are interested in learning how to operate the new voting machines. Then those who feel that they have the interest and proficiency in becoming poll workers will undergo further training that would be paid for by the county.

Auditor Pafford said that she has been working with Prosecuting Attorney Tim O'Neill and Chief Financial Officer/Interim Economic Development Director Glen Chipman on the hotel/motel tax revenue issue (that has resulted in an interruption of these revenues to the two Chambers of Commerce).

Auditor Pafford stated that they are also trying to resolve problems with the Timber/Cattle Patrol contracts. (A workshop will be held this Thursday, June 1 to explore possible solutions to the issue.)

Auditor Pafford said that White Salmon Mayor Roger Holen now has an opportunity to appeal the recent court decision allowing the effort to recall him to continue. Auditor Pafford noted that if this matter does go before the voters, they may be able to schedule it at the same time as the September Primary Election, which would save the county a considerable amount of money.

11:35 AM – Discussion on Public Defender/Indigent Defense Issues

Attendance: Superior Court Judge Tom Reynolds, East District Court Judge Brian Altman, West District Court Judge Bob Weisfield, Deputy Prosecuting Attorney Craig Juris, Chief Financial Officer Glen Chipman and East District Court Administrator Renea Campbell.

Judges Reynolds, Altman and Weisfield presented their shared concerns regarding public defender contracts, with Judge Altman stating that having the courts select those attorneys to contract as public defenders and also setting their compensation has the appearance of a conflict of interest. He noted that Washington State statute clearly gives the county’s legislative authority (Board of Commissioners) the responsibility to arrange public defender services. He noted that East District Court’s situation is different from the other two courts because they presently do not have a public defender contract and they are paying public defenders by the hour.

Judge Reynolds and Judge Weisfield both expressed their agreement with Judge Altman that it should not be the courts that negotiate these contracts. Judge Reynolds added that expenditures and appropriations for public defender contracts should be removed from their budgets.

Commissioner Frey stated that the Board hasn’t the exposure that would assist in negotiating the contracts. Judge Reynolds replied that the Board could look at past court budgets to get an idea what the appropriate terms might be, noting also that calculations can be made based upon the estimated time expended and an appropriate hourly rate. He added that there had been an effort to negotiate a two-year contract but recommended that the West District Court contract be limited to just a year for right now. Chairman Thayer stated that the Board would gather information from other counties to prepare for negotiations.

Lunch Recess

The Board recessed for lunch at 12:10 PM.

Call to Order/Roll Call

Regular Meeting for Tuesday, May 30, 2006

Chairman Ray Thayer reconvened the meeting at 1:07 PM.

Commissioners present: Ray Thayer and Joan Frey.

Commissioner Don Struck was absent due to his attendance at another meeting in Portland involving county issues.

Agenda

Business Agenda

Approved (M/Frey, S/Thayer. Passed unanimously) the Business Agenda with two changes: The public meeting to consider final approval of Short Plat No. SPL2005-35 has been cancelled and an executive session has been added to discuss potential/pending litigation regarding the National Marine Fisheries Service fish recovery plan.

Approval of Commissioner Meeting Minutes

Approved (M/Frey, S/Thayer. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for May 16, and May 23, 2006 as presented.

Citizen Comment

Alan Doubravsky, who lives on the Bickleton Highway east of Goldendale, protested the nuisance abatement action recently started by the county. He acknowledged that he has a number of non-running vehicles on his property, but stated that his hobby is to repair and restore older vehicles, including some collector vehicles that he owns. He read from the county’s Nuisance Ordinance, specifically the description of junk vehicles and stated that this depiction is so vague that it would apply to a majority of older vehicles now on the road. He stated that he has plans to clean up some of the vehicles and associated debris, but is unable to devote as much time as he would like because he works full time and also noted a flat tire on his tow truck. Mr. Doubravsky added that he attempted to clean up his property by placing a number of 20 foot long containers in a configuration to create a compound. He said that he was able to obtain several of them free from the Roosevelt Regional Landfill where he works, but when complaints were made against him, he couldn’t obtain any more. He asked if the Board would write him a letter to present to his employers so that he can obtain more of these containers. Chairman Thayer responded that it is the number of non-operational vehicles that Mr. Doubravsky has that has triggered this abatement process. Commissioner Frey stated that she doesn’t believe that 20 foot long containers are an aesthetic way to clean up his property and declined to write a letter on his behalf.

James and Beverly Baehm, who also live east of Goldendale complained about a new nuisance abatement action taken against them, stating that an earlier abatement action was terminated with an apology from the county. James Baehm stated that he is a disabled veteran who has a number of health issues. They also noted a number of extenuating circumstances (including business partnerships where they have been the victims) that have caused them financial hardship. Beverly Baehm stated that the law has targeted them unfairly and they have neighbors who haven’t been prosecuted, despite similar circumstances. Mr. Baehm stated that at the very least they would like to have another 60 days to try to come into compliance. Commissioner Frey responded that there is an appeal board and strongly recommended that they contact the Code Compliance officials for instructions on how to appeal this abatement action.

Public Meetings/Public Hearings/Bid Openings

There were no public meetings, public hearings or bid openings scheduled for this date.

Department Update

Economic Development Department Update

Interim Economic Development Director Glen Chipman provided a summary of current issues beginning with a recent tourism promotion in the community of Roosevelt. He noted that some questions had been raised and stated that he would do some more research.

Director Chipman stated that U.S. Senator Maria Cantwell may be paying a visit to Klickitat County this coming Friday, June 2, though other events may interfere with the Senator’s schedule. Director Chipman said that he will let the Board know of any developments.

Director Chipman reminded the Board that Washington State Lieutenant Governor Brad Owen is scheduled to visit the Bingen/White Salmon area on Tuesday, June 13 and plans a visit to Insitu’s facility in Bingen, as well as talks regarding the White Salmon water hookup moratorium. Director Chipman noted that consultant Miland Walling is putting together a guest list.

Director Chipman said that he and Public Works Director Scott Smith have discussed the possibility that Finance Manager Eric Greene might be able to take on some grant administration duties, should the Board choose to participate in High Prairie’s CDBG grant submittal. It was not clear whether Manager Greene would be available.

Director Chipman stated that he has met with Miland Walling regarding which economic development projects Mr. Walling is working on and will provide more detailed information to the Board on these projects.

Director Chipman said that he has also met with Administrative Assistant Kathy Norton to get her viewpoint on department matters.

Miscellaneous Reports/Comments

Discussion on Channeling Project Specific Taxes Back to Local Communities

Andrew O’Connell and Ty Dahl representing PPM Energy, Inc. were joined by PUD Power Manager Allen Barkley to discuss project specific property tax dollars and ways of channeling more of those dollars back to benefit communities most affected by projects. Mr. O’Connell stated that it is PPM’s viewpoint that those communities where wind power projects are located should receive a greater financial benefit from the taxes that are raised. He also noted recent conversations with Bickleton School District Superintendent Ric Palmer and other members of the community who want more financial benefits from these projects, including the construction of a new school.

Manager Barkley stated that the PUD is in full agreement PPM’s stance and noted that the PUD is partnering in the White Creek Wind Project, also near Bickleton.

Chairman Thayer responded that Klickitat County benefits as a whole from these wind projects and although the revenues go into the General Fund the benefits are spread out over the entire county, including significant expenditures on road improvements. He observed that even though west-end communities generally didn’t support siting the landfill at Roosevelt, the economic benefits from the landfill have gone to all parts of the county, including the west-end which has not hesitated in asking for its share of benefits.

Discussion on Channeling Project Specific Taxes Back to Local Communities (Continued)

Manager Barkley suggested that a parks and recreation district might be formed for the Bickleton area. Chairman Thayer replied that the idea has merit but it would once again be a taxing district. He also observed that the county faces severe restraints in distributing funds to junior taxing districts and a “public benefit” must be established before local and state auditors agree to such diversions.

Commissioner Frey agreed that revenues coming from the landfill and wind power projects are distributed county-wide and although the east-end of the county has made some significant sacrifices, they have demanded and used very little in terms of the benefits. She noted that the county has supported the carousel museum now being planned for Bickleton and stated that the Board would like to find more ways to help.

New Business

Rural Fire Protection District No. 14 and High Prairie Community CDBG-Community Investment Fund Grant Pre-Application

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Approved (M/Frey, S/Thayer. Passed unanimously) support for a Community Investment Fund Grant – Project Summary Form (“pre-application”) for $389,000 in Community Development Block Grant (CDBG) funds for a combined community center and fire station for the High Prairie Community and Rural Fire Protection District No. 14.

Prior to the motion Cal Edwards and a number of members of the High Prairie community discussed their request for Klickitat County to act as sponsor for their CDBG grant pre-application as was discussed last week and also on April 18, 2006. Commissioner Frey noted that if they were successful in getting the grant this project could experience cash-flow problems and their suppliers and contractors might have a significant wait while funding is released from the state. Chief Financial Officer Glen Chipman stated that they should expect to wait at least a month.

Chairman Thayer added that the county would not be in a position to front any funding to the community. He also noted that Commissioner Struck expressed opposition to the county acting as the applicant on behalf of the community, largely because of the precedent it would set. Chairman Thayer stated that although he understands Commissioner Struck’s opposition, on the other hand there would be a significant benefit to the High Prairie community and noted that they have been working on this for quite some time. Also, Klickitat County doesn’t currently have a competing project to put forward.

Mr. Edwards and other community members expressed their thanks for the Board’s support of their pre-application.

Consent Agenda

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

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1. Agreement (#C10106) between Klickitat County and The Goldendale Sentinel for publication of all legal notices and delinquent tax lists as well as notices to be published by newspapers of “general circulation” effective July 1, 2006, terminating June 30, 2007.

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2. Memorandum from the Planning Department scheduling a public hearing for 1:30 PM on Tuesday, June 20, 2006 to consider an appeal to the Planning Commission’s recommendation, Preliminary Plat No. SUB2006-01; Appellant: Brad Gearhart.

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3. Agreement for Digital Data Sharing (#C10206) between Klickitat County and Horizon Wind Energy for specific digital data compiled by the Public Works Department in an ArcView “shape” file format.

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4. Agreement for Digital Data Sharing (#C10306) between Klickitat County and the Northwest Indian Fisheries Commission acting under the direction of the Washington State Department of Natural Resources Adaptive Management Program’s Cooperative Monitoring Evaluation and Research Committee (CMER) for specific digital data compiled by the Public Works Department in an ArcView “shape” file format.

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5. Request from the County Auditor for authorization to proceed with advertising a “Request for Proposals” to solicit proposals and to identify a provider for an imaging system with submittal no later than Friday, June 30, 2006 at 2:00 PM.

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6. Renewal of Personal Services Contract Agreement (#C10406) between Klickitat County (Juvenile Department) and Therapeutic Strategies, Inc/James E. Konopasek, MS to provide evaluation and/or treatment of sexual offenders including polygraph examination services.

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7. Resolution #09406 in the matter of changing the status of a Public Health Nurse position within the Public Health Department to 1.00 FTE (40 hours/5 days per week) in both the Goldendale and White Salmon Office with grant funding provided by the State of Washington.

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8. Request from the Senior Services Department to approve submitting a letter of request to the Washington State Department of Transportation for a grant in the amount of $10,000 to develop the Human Services Transportation Plan for Klickitat County

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9. Sheriff’s Department request for authorization to purchase equipment for the four (4) new Ford Explorers in an amount not to exceed $23,104.51 which includes sales tax and shipping and handling.

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10. Amendment A to Contract No. E06-078 (#C10506) between the Washington State Military Department and Klickitat County providing financial assistance solely for expenses necessary to answer 911 calls originating in the county, including performing certain tasks and maintaining certain equipment necessary to operate Wireless Enhanced 911; AND, Amendment A to Contract No. E06-079 (#C10606) between the Washington State Military Department and Klickitat County providing financial assistance solely for expenses necessary to answer 911 calls originating in the county, including performing certain tasks and maintaining certain equipment necessary to operate Wireline Enhanced 911.

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11. 2005-2006 Consolidated Contract (C13038) Amendment No. 9 (#C10706) between the State of Washington, Department of Health and Klickitat County increasing the contract amount by $7,219 in the Public Health Emergency Preparedness and Response/pandemic flu planning.

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12. Professional Services Agreement (#C10806) between Klickitat County (Public Health Department) and Kathy Miller to provide child care to children whose parents are attending tobacco cessation classes with funding through the March of Dimes grant.

Miscellaneous Reports/Comments

Law Enforcement Services for the City of Bingen

Klickitat County Sheriff Chris Mace briefly discussed a proposal made by the City of Bingen to contract with Klickitat County for law enforcement services. Sheriff Mace stated that he believed that this would involve the addition of only two new personnel in his department and perhaps include a change to the departmental organization chart. Commissioner Frey stated that the Board would need more specific and detailed information in order to come to a possible decision.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#155620 – 155869 and cancelled warrants 155384, 154983, 155306 & 154790) for a net of $166,177.11

Combined Payroll: (#088037 – 088316, 155600 – 155619 & Electronic Transfer 355) $589,380.45

For a combined total of $755,557.56

Road Department Payments

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Authorized (M/Frey, S/Thayer. Passed unanimously) Release of Retainage to Peterson Brothers, Inc., in the amount of $486.00 for the County-Wide Guardrail 2006 project.

Executive Session

Executive Session – Pending and Potential Litigation

The Board convened into Executive Session at 3:30 PM with Chief Deputy Prosecuting Attorney Craig Juris, Planning Director Curt Dreyer and Watershed Project Coordinator Dave McClure in accordance with RCW 42.30.110(1) (i) to discuss potential and pending litigation in regard to the National Marine Fisheries Service fish recovery plan. It was noted that the session would last for 20 minutes.

The Board reconvened back to Regular Session at 3:50 PM.

Adjournment (4:00 PM)

Motion by Commissioner Frey to adjourn the meeting until 10:30 AM on Thursday, June 1, 2006 to conduct scheduled workshop sessions. Seconded by Chairman Thayer and passed unanimously.

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Thursday, June 1, 2006

Chairman Ray Thayer reconvened the meeting at 10:45 AM.

Commissioners present: Ray Thayer and Don Struck.

Commissioner Joan Frey was absent.

Workshop Session Agenda

10:45 AM – Discussions on the County Tax Refund Fund #122, 2007 Budget and the 2006-02 Supplemental Budget

Attendance: Chief Financial Officer Glen Chipman, County Auditor Diana Pafford and County Treasurer Dani Burton

Auditor Pafford and Treasurer Burton requested that $40,240 be restored to the County Tax Refund Fund #122 via a transfer from the General Fund. The fund had been closed in September of 1995, with the $40,240 going to the General Fund, and last week the fund itself was reopened as the result of Board action approving Resolution #08406.

Officer Chipman also discussed Supplemental Budget 2006-02 to be considered by the Board next week and includes a transfer out of General Fund #001in the amount of $40,240 to the County Tax Refund Fund #122. The Board and Officer Chipman also discussed aspects of the 2007 Preliminary Budget.

12:05 PM – Lunch

Regular Meeting Extension: Workshop Session for Thursday, June 1, 2006 (Continued)

2:10 PM – Discussion on the 2006 Road Program

Assistant County Engineer Bjorn Hedges updated the Board on 2006 projects, noting that two projects have caused a backlog in engineering work. These two are the Dot Road project which is partially funded by the agreement with PPM Energy, Inc., and also the BZ-Glenwood Road slide project, which is grant funded. Engineer Hedges stated that this backlog may force a postponement of some 2006 projects to 2007. The Board stated that it would review the situation and discuss it again next week.

2:45 PM – Discussion on Timber/Cattle Patrol Contracts

Prosecuting Attorney Tim O'Neill, Sheriff Chris Mace, Auditor Diana Pafford and Personnel Director Lori Wolford discussed whether the Timber/Cattle Patrol Officers should continue to work for the county on a contract basis or whether they should become employees. After discussion the Board decided to renew the contract and increase the hourly rate to $15.50 per hour to compensate for the expense of liability insurance.

Adjournment

There being no further business before the Board, the meeting was adjourned at 3:25 PM.

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Reference Document on File