Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, July 12^th, 2005

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, July 12, 2005

Chairman Don Struck called the meeting to order at 10:05 AM.

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

Workshop Session Agenda

10:05 AM – Public Works Department Update

Attendance: Interim County Engineer Brent Holman, Assistant County Engineer Bjorn Hedges, Building and Grounds Manager John Ihrig and Goldendale resident Daniel Lichtenwald.

Commissioner Thayer revisited last week’s change order that moved the production of chip seal rock from Niva Quarry to Badger Gulch Quarry due to what the Public Works Department felt were quality issues with rock from the Niva Quarry. Commissioner Thayer said that he visited Niva Quarry last Friday and after retrieving rock samples, he stated that he saw no obvious quality problems. Engineer Hedges responded that while the southeast corner of Neva Quarry contains better rock, the northwest corner is rather poor. He noted also that drilling was twice as fast at Niva as at Badger Gulch (indicating much softer rock at Niva).

Engineer Hedges discussed proposals to gate/sign the primitive portions of Atwood and Major Creek Roads so as to restrict them to non-vehicular use. He noted that although the county maintains a right-of-way for these roads, they no longer show up as part of the county road system and therefore there is no formal procedure necessary to install signs or gates. He stated that he would contact the United States Forest Service to provide them with maps to indicate where to place signs.

Engineer Hedges offered further clarification from last week’s BZ-Glenwood Bridge/Walkway proposal stating that drainage issues should be taken care of before any paving is done to create a walkway along the highway. He suggested that a catch basin and culvert could redirect storm water that is forced across a septic field, and then over the highway surface before going into the White Salmon River (causing concerns with the Washington State Departments of Health and Ecology). Engineer Hedges stated that the only problem remaining is that although the walkway will create a much safer pedestrian path along this portion of the BZ-Glenwood Highway, there is little that can be reasonably done to correct the very narrow (9 to 10 inch) curb that pedestrians use to cross the bridge itself. The Board reached consensus to go forward with the project.

Following up on recent conversations regarding Dot Road, Engineer Hedges said that Lance Powers has informed him that he will probably harvest his wheat crop at the end of this week. Engineer Hedges stated that the department intends to have that portion of Dot Road prepped and in passable condition by July 15. In the longer term, he noted that the pug mill reconstruction is slated to cost about $415,000, but this was an expense originally scheduled for 2007 so some borrowing would be in order. Following a suggestion by Commissioner Thayer the Board reached consensus to split the expenditure between the 2007 and 2008 Budgets.

Engineer Hedges requested direction from the Board in regard to the department’s involvement in the proposal to site the ProBeef meat processing plant at the Dallesport Industrial Park. Commissioner Frey responded that they should participate in the discussions that are currently going on, noting that Tenneson Engineering is helping with site preparation issues. Chairman Struck added that this is just in the conceptual stage, and issues such as how the road might be laid out are being explored right now. Responding to Engineer Holman’s request for further clarification Commissioner Frey stated that the Port District has contracted with Tenneson, while the Port and Klickitat County are working on an agreement, with one crucial aspect of this being a determination of the financial exposure that the various parties will have. She added that because the meat processing plant processes most of its own waste it would have little impact on the Dallesport Wastewater Plant.

Engineer Hedges discussed potential sources of rock for various projects, including Old Mountain Road, Fenton Lane, Burlington Loop and Spring Creek Road. Commissioner Thayer stated that he is sometimes uncertain why rock for a certain project is hauled in from a source further away than other sources. Engineer Hedges responded that they sometimes need to save certain rock, such as cover stone, because of its quality and suitability for certain applications. He noted that they will be using some poorer quality rock to gravel the Fairgrounds parking lot because its quality isn’t good for road building.

Engineer Hedges said that he visited Obrien Road and was now uncertain which portions of the road needed to be improved. Commissioner Frey replied that Engineer Hedges should contact Max Fernandez, who has property along the road to determine what his request is.

Engineer Hedges stated that the City of Goldendale has offered a work contribution, including site preparation, for a joint project with the county to pave a short section of Fairgrounds Road to connect up with the entrance of a new parking lot for the Goldendale Airport. He suggested that this is basically a matter of the county supplying the paving material and equipment. The Board reached consensus to go forward, with Commissioner Thayer stating that BST (Bituminous Surface Treatment) would be most appropriate.

Revisiting previous discussions on requests by the City of White Salmon for paving Washington Street, Engineer Holman stated that it would be best to simply let the city work with the paving contractor, adding that they could advise the municipality when the contractor is in their area.

Manager Ihrig said that he received three bids for replacing the carpet in the Maryhill Visitor’s Center, but they were all higher than expected. He added that several unbudgeted expenditures have put their maintenance budget in a deficit situation. The Board requested further information on the bids submitted, notably the materials to be provided and Manager Ihrig stated that he would provide more specifics next week.

In a follow-up from two weeks ago, Manager Ihrig and Engineer Holman stated that further examination revealed that the overhang above the front door of Annex 1 is in better condition than originally thought. They noted that there are several other related Annex 1 projects worth considering and suggested that it would be best to postpone any work until next year so as to design a more detailed plan of action. The Board agreed to the postponement.

Manager Ihrig said that Jail Superintendent Paul Tesi reported that a hole was drilled into the wall of the jail recently and contraband, including cigarettes and narcotics were passed through to inmates. Manager Ihrig added that Superintendent Tesi has requested that the shrubs around the correctional facility be removed. Commissioner Frey agreed and the Board reached consensus to approve the removal of the shrubs.

Manager Ihrig stated that the Great Northern 2507 Steam Engine has been listed on the Washington Register of Historic Places and the certificate that was received will be framed. He added that they have contacted the Washington State Department of Transportation to request that signs be erected on State Route 14 directing visitors to the display of the 2507 at the Wishram Railroad Park.

Manager Ihrig said that construction is progressing nicely on the Pioneer Center and he will be meeting with the landscape designer tomorrow to go over details.

Morning Workshop Session – Tuesday, July 12, 2005 (Continued)

11:00 AM – Solid Waste Marketing Update

Attendance: Jim Hodge, Geoff Starin and Mon Lo representing Tau Marketing, LLC, Solid Waste Director Tim Hopkinson, Public Health Director Kevin Barry and Goldendale resident Daniel Lichtenwald.

Mr. Hodge began by offering his congratulations on a recent editorial in The Seattle Times praising Klickitat County for showing foresight in the development of the Energy Overlay Zone.

Mr. Hodge then provided a summary of 2004 tonnage and 2005 tonnage to date to the Roosevelt Regional Landfill. He stated that nearly 3 million tons was shipped last year and close to 1.5 million tons shipped this year so far, with Petroleum Contaminated Soils (PCS) making up significant amounts of these totals. He praised Matt Henry, the landfill’s manager for being able to handle large volumes of waste at the Roosevelt Landfill, noting that they were able to process 15,000 tons of waste a day, sometimes for 12 days straight. He added that the landfill is operating very effectively, with excellent management and a strong work ethic.

Mr. Hodge predicted good business for the future, stating that they are very competitive and expect dredge sediments to be a strong part of shipments to Roosevelt. He detailed several of the projects where Klickitat County could receive these shipments but noted one concern, that being increased rail traffic in the I-5 corridor which will provide some operational challenges.

Mr. Starin stated that Schnitzer (Steel Industries) has expressed an interest in locating a secondary recovery plant in the Roosevelt area and the plant would employ 15 to 20 people. He added that they will have further discussions with Schnitzer next week.

Mr. Hodge said that plans are still progressing for receiving municipal garbage from Oahu, Hawaii, noting that there is strong support from the Honolulu City Council for shipping their waste to Roosevelt. He added that the next step would be to have the United States Department of Agriculture issue “final rules” on regulatory and operational matters. Director Barry asked how this might relate to the county’s Shorelines Ordinance as new unloading facilities would have to be constructed. Mr. Hodge responded that the initial shipments won’t use permanent structures, but there will certainly have to be permit compliance once permanent unloading facilities are constructed. He added that he expects this waste stream to begin the first quarter of next year.

Lunch Recess

The Board recessed for lunch at 11:55 AM.

Call to Order/Roll Call

Regular Meeting for Tuesday, July 12, 2005

Chairman Don Struck reconvened the meeting at 1:08 PM.

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

Agenda

Business Agenda

Approved (M/Thayer, S/Frey. Passed unanimously) the Business Agenda with one cancellation, that being a review of the WRIA 30 Watershed Plan which will be rescheduled for next week.

Approval of Commissioner Meeting Minutes

There were no meeting minutes requiring approval at this time.

Citizen Comment

There was no one wishing to provide public comment.

Old Business

Review of Safety Policy

Personnel Director Lori Wolford provided a brief review of the county’s Safety Policy with discussion focusing on comments made by Chief Financial Officer Glen Chipman calling into question the Policy’s contention that occupants of the Courthouse must vacate the building in the event of an earthquake. Mr. Chipman had stated in a memorandum that it was established policy that occupants of buildings were advised to stay put until the earthquake had passed. Director Wolford countered that the age of the Courthouse exempts it from modern construction standards and it would not be a safe structure to be inside during an earthquake. Chairman Struck suggested that Director Wolford have the Risk Pool review the issue. She agreed and the Board’s review was continued to two weeks from today.

Miscellaneous Reports/Comments

Discussion on Nuisance Issue in Dallesport

Dallesport resident Vernice Adams discussed the nuisance issue involving her property and stated that although Klickitat County’s Compliance Officer has requested other cleanup work, she has accomplished what was asked for and believes she is now in compliance. Ms. Adams added that Compliance Officer Joyce DeVries will make another visit to her property next Monday. Commissioner Frey stated that she would visit the property this evening to assess the situation.

Consent Agenda

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

*

1. Settlement Agreement (#C15805) between Klickitat County and Mark E. and Sandra Matson for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

2. Settlement Agreement (#C15905) between Klickitat County and Eleanor Randall for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

3. Settlement Agreement (#C16005) between Klickitat County and Richard Randall for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

4. Settlement Agreement (#C16105) between Klickitat County and Paul Dunn for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

5. Settlement Agreement (#C16205) between Klickitat County and Ronald and Deborah Disch for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

6. Settlement Agreement (#C16305) between Klickitat County and James and Nancy Kitchen for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

7. Memorandum from the Planning Department scheduling public hearings as follows: for 1:30 PM on Tuesday August 2, 2005 to consider a variance request to reduce road right-of-way standards for a proposed short plat: Applicant: Eric Ihde, AND for 1:30 PM, on Tuesday, August 9, 2005 to consider an appeal to and Administrative Decision for requirements of dedication of road right-of-way for SPL2005-11: Appellant: Evelyn Krenz.

*

8. Extension (#C16405) of the Intergovernmental Agreement to House Juvenile Detainees between Northern Oregon Corrections (NORCOR) and Klickitat County extending the contract term to July 1, 2005 through June 30, 2006 at a rate of $100.00 per day.

*

9. Settlement Agreement (#C16505) between Klickitat County and Kenneth Barton for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Randall Road, County Road #21860.

*

10. Contract for Law Enforcement Services (#C16605) between Klickitat County and the Washington State Department of Natural Resources for the Timber/Cattle Patrol Program.

*

11. Task Order No. 6/Amendment No. 1 (#C16705) to the Technical Services Agreement between Klickitat County and Watershed Professionals Network (C24803) to provide technical support for the revision of the Klickitat Lead Entity Organization’s salmon habitat recovery strategy.

*

12. Amendment No. 3 (#C16805) to the Water Resource Inventory Area 30 Grant Agreement No. G000104 between Klickitat County and the Department of Ecology increasing the scope of work to include activities and deliverables related to the County’s watershed plan approval process and removes activities related to in-stream flow rule making.

*

13. County Program Agreement (#C16905) for Substance Abuse Prevention and Treatment Programs between the State of Washington Department of Social and Health Services, Division of Alcohol and Substance Abuse, and Klickitat County.

*

14. Resolution #11905 in the matter of approving the establishment of a program for mediation and settlement of disputes and an agreement (#C17005) for provision of mediation services with Four Rivers Community Corporation dba Six Rivers Community Mediation Services.

Elected Official Report/Update

Prosecuting Attorney Update

Prosecuting Attorney Tim O'Neill briefed the Board on recent developments, first noting that Chief Deputy Prosecutor Craig Juris will start next Monday. Special Deputy Prosecutor David Trefry stated that he has offered to be available one day a week to work on criminal prosecutions through December, and modifying this to every other week when practical. He added that starting in January he could be available one day a month. Chairman Struck replied that this was an excellent idea.

Prosecutor O'Neill and the Board discussed the $125,000 loan granted by the Board (by Resolution #20004) to the Columbia Gorge Regional (Dallesport) Airport, but never drawn upon because airport management stated that they found they didn’t need the loan after all. Chairman Struck stated that since the money was never accepted he believes there is no justification for charging the airport any interest, or administrative fees. He added that the county owns half the airport anyway.

Old Business

Public Hearing/Continued – Consider an Abatement Assessment which may Constitute a Special Assessment Against and a Lien Upon the Property or a Personal Obligation of Neva J. Burris, Parcel No. 03-12-2900-0008/00

*

Adopted (M/Thayer, S/Frey. Passed unanimously) Resolution #12005 approving an abatement assessment which shall constitute a special assessment against and a lien in the amount of $18,487.47 upon the property of Neva J. Burris, Parcel No. 03-12-2900-0008/00. Prior to the motion the public hearing proceeded as follows with Chairman Struck opening the proceedings and noting that this is a continuation of the June 28, 2005 public hearing and is now closed to further public testimony except for written testimony from the appellant’s legal counsel.

In attendance was Prosecuting Attorney Tim O'Neill, Building and Compliance Director Skip Grimes, Compliance Officer Joyce DeVries, property owner and appellant Neva Jean Burris, her daughter Susan Rose, Lyle resident Reginald J. Wade, and Goldendale resident Daniel Lichtenwald. Also present, via teleconference, was Katy Archer legal counsel for the appellant.

In response to inquiries by Commissioner Thayer Prosecuting Attorney Tim O'Neill stated that there is nothing preventing the county from making a special assessment in a matter such as this and cited the Washington State Constitution, Article 11, Section 11 and also RCW 7.48.280 and RCW 36.32.120.

Ms. Archer noted that on June 28, 2005 Mr. Wade had offered testimony that there had been vehicles removed by the contractor that had antique value. She then asked if Klickitat County had received any monetary value from these vehicles.

Chairman Struck responded by stating that when contractors bid on the removal of a nuisance they understand that any salvage value of items removed is part of their bid. In other words, the bid made by a contractor might be higher if the contractor wasn’t able to utilize this salvage value.

Prosecutor O'Neill added that it is his understanding that contractors may also run the risk that a property owner may continue to clean up the nuisance and in the process remove items of value which, of course, would affect the contractor’s net proceeds.

During Board deliberation Commissioner Frey stated that she has received clarification of all questions that she had. She noted also that Commissioner Thayer made some valid points two weeks ago when he defined the time frame of this case and it was apparent to her that the county had provided more than ample time to recover the value of any items, including vehicles, and to clean up the property. She added that it was unfortunate that the Burris family didn’t choose to make use of the county’s Nuisance Appeal Board. She stated that she feels that the county followed all procedures correctly and that she is in favor of the special assessment being levied against the property.

Commissioner Thayer noted that the appellant’s legal counsel made reference to the county’s administrative fee and asked for further explanation. Director Grimes replied that this fee is exclusive of the cost of mailings, postings, legal fees and the like and is meant to cover extra costs that would otherwise be borne by county taxpayers.

Chairman Struck asked for an explanation as to why a title search had to be conducted and Director Grimes responded that the county nuisance ordinance requires that notice be given to all parties who have a legal interest in the property and a title search is the only means to determine who those parties are.

Payment Approvals

Road Department Payments

*

Authorized (M/Frey, S/Thayer. Passed unanimously) Progress Payment No. 9 to Todd Construction, Inc., in the amount of $264,842.69 for the Pioneer Center construction project.

Voucher Certification and Approval

*

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

Accounts Payable: (#146264 – 146428, 93321 and cancelled warrant #143101) for a net of $255,045.02

Combined Payroll: (#081969 – 082251, 146253 – 146263 & Electronic Transfer 335) $433,464.65

For a combined total of $688,509.67

Miscellaneous Reports/Comments

Columbia Gorge Regional Airport Protection Zone Issue

The Board briefly revisited last week’s discussion regarding airport protection zones and whether there needed to be further protection of the Columbia Gorge Regional Airport. Planning Director Curt Dreyer stated that he would research how other jurisdictions have handled this.

Dallesport Nuisance Update

The Board met briefly with Compliance Officer Joyce DeVries on the issue of Vernice Adams’ property in Dallesport, as was discussed earlier in the meeting. Officer DeVries stated that she paid a visit to the property yesterday and there were still some problems, including plumbing parts and windows that are improperly stored, though noting that much progress has been made. She stated that she would be visiting the property again next Monday and perhaps even tomorrow, and would take more pictures.

Adjournment

There being no further business before the Board, the meeting was adjourned at 3:45 PM.

*

Reference Document on File