Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, October 9, 2007

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, October 9, 2007

Chairman Ray Thayer called the meeting to order at 10:05 AM. Commissioners present: Ray Thayer, Don Struck and David Sauter.

Workshop Session Agenda

10:05 – Public Works Department Update

Attendance: Public Works Director/County Engineer Scott Smith, Office Engineer Keith Grundei and Engineer Jay Armstrong.

Public Present: Jake Anderson (present for most of the day).

Director Smith advised that CRAB (County Road Administration Board) staff will be here today to meet with Engineer Armstrong to look at the Fisher Hill project; noting staff is supportive of the County’s proposal to shorten the project which will be before the CRAB Board during their October meeting.

Office Engineer Grundei informed that they have received one of the two pending right-of-way agreements for the Snowden Road project and anticipates having it before the Board for approval next week; noting efforts continue to secure the necessary right-of-way on the final parcel. Engineer Grundei reminded that the bid opening for the clearing and grubbing will take place this afternoon and it is their intent to be able to make a recommendation and move forward with bid award by the end of the day.

Director Smith advised that the haul road agreement with NW Wind Partners is under review by legal counsel and should be before the Commissioners for consideration within the next couple of weeks. Director Smith also advised that a road haul agreement with Delta Petroleum for hauling on Sand Ridge Road should be available for consideration within the next couple of weeks.

The Board convened into Executive Session at 10:40 AM with Public Works Director Scott Smith and Personnel Director Lori Wolford in accordance with RCW 42.30.110(1)(g) to discuss an applicants qualifications for employment. It was noted that the session would last for 10 minutes.

The Board reconvened back to Regular Session at 10:50 AM.

Jake Anderson informed of his appointment by the Governor to the Farmland Preservation Task Force representing the South Central Region as a resident farmer; noting their first meeting will be November 7^th.

11:00 AM – Auditor’s Office Department Update

Attendance: Brenda Sorensen, County Auditor and Chief Financial Officer Glen Chipman.

Auditor Sorensen advised of the resignation of an employee within her office necessitating the need to request Board consideration to approve a Personnel Authorization during the afternoon session to begin the advertising process to fill the position.

11:00 AM – Auditor’s Office Department Update

Auditor Sorensen stated that the General Election ballots will be ready for mailing on Friday, October 19^th further advising the remote ballot box should be installed at the Pioneer Center in White Salmon today. Auditor Sorensen informed that Hospital District No. 1 may be submitting a ballot issue to increase the number of hospital district commissioners from three to five; noting if they decide to move forward with the proposition it would likely appear on the February 19^th ballot which would also be in conjunction with the 2008 Presidential Primary.

Auditor Sorensen informed that the County decision to move from holding elections at polling sites to an all vote-by-mail election has created unintended consequences for the community councils most of whom generally held their elections adjacent to the County polling sites and in conjunction with the County election. Auditor Sorensen stated that the various community councils are private community groups rather than special taxing districts and there is little that the County can do other than provide a list of eligible voters within their community boundaries. Auditor Sorensen stated that the councils do not have the funding for postage to mail out ballots for the council elections; adding the County is unable to help with these costs as it would be considered “gifting” of county funds which is prohibited.

11:15 AM – Sheriff’s Office Divisions Update

Attendance: Sheriff Rick McComas, Undersheriff Erik Anderson, Jail Supervisor Tom Hawes and Chief Financial Officer Glen Chipman.

Sheriff McComas advised they are receiving some concerns from the community regarding hunting season and will plan to have additional deputy’s on-duty during the peak times which will create some expenses to the overtime budget.

Sheriff McComas stated that the department continues to offer security at the NW Wind Partners wind farm site with 90% of the security occurring on the officer’s days off. Sheriff McComas reminded that the contract is through the end of this year; adding the company may make a formal request of the County to continue this service.

The Board convened into Executive Session at 11:30 AM with Sheriff Rick McComas, Undersheriff Erik Anderson and Jail Supervisor Tom Hawes in accordance with RCW 42.30.110(1)(g) to discuss a personnel issue. It was noted that the session would last for 15 minutes. It was announced that the executive session would be extended for an additional five minutes.

The Board reconvened back to Regular Session at 1l:50 AM.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, October 9, 2007

Chairman Ray Thayer reconvened the meeting at 1:00 PM. Commissioners present: Ray Thayer, Don Struck and David Sauter.

Agenda

Business Agenda

Approved (M/Struck, S/Sauter. Passed unanimously) the Business Agenda with the addition under New Business of a Personnel Authorization to begin the advertising process to fill an Administrative Assistant I/Accounting position within the Auditor’s office and an Authorization to Hire outside the base rate for a Patrol Deputy position in the Sheriff’s office. It was noted that Prosecuting Attorney Tim O’Neill is attending a conference and will not be available for an update.

Approval of Commissioner Meeting Minutes

Approval of Minutes

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Approved (M/Sauter, S/Struck. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for October 2, 2007 as presented.

Citizen Comment

Dallesport resident Raymond Clough queried the Board with regard to the intent of Section 4.3 of the Dallesport Sub-Area plan relative to water availability offering that his questions are general in nature and not specific to the Maley development. Mr. Clough stated his interpretation of Section 4.3 of the sub area plan it that community water and sewer service must be available before an individual can apply for a zone change and further that water is not available in Dallesport. Mr. Clough informed he has issues with the Dallesport Water Association; adding they are not taking care of the public interests. In response Commissioner Struck stated that a sub-area plan is adopted by Ordinance of the County following considerable input from the community with regard to where and how future growth will occur; sub area plans are county legislated guidelines that can be amended and revised through the public process. Commissioner Struck stated that the County does not have jurisdiction over the Dallesport Water Association which is a private entity and any issue Mr. Clough may have in that regard is a civil matter. Responding to Mr. Clough’s contention that water is not available in the Dallesport area, Commissioner Struck stated that individuals can seek alternative options to provide water; adding the Dallesport Water Association is not the only water source on the Dallesport peninsula.

Public Meetings/Public Hearings/Bid Openings

Bid Opening: Improvement of 2.65 miles of Snowden Road

Bids Returned (M/Struck, S/Sauter. Passed Unanimously) to the Public Works Department for review and recommendation of 3 bids received for improvement of 2.65 miles of Snowden Road, County Road No. 11000, CRP 223 by clearing, grubbing and fencing.

· James Dean Construction Inc., Glenwood, WA: $258,652.00

· JAL Construction, Inc.., Bend, OR $316,038.00

• Green Construction, Inc., Washougal, WA $414,836.58

Public Meeting: Consider the Planning Commission’s recommendation for approval of Zone Change application ZON2007-02 (Trout Lake vicinity); Applicant: Lon Ball

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Adopted (M/Sauter, S/Struck. Motion passed by a majority vote. Commissioner Struck cast a dissenting vote). Ordinance #O100907 granting final approval for Zone Change ZON2007-02 to amend the Klickitat County Zoning Map rezoning an approximately 79.48 acre parcel from Extensive Agriculture to Extensive Agriculture with a Cluster Development Overlay and to summarily accept the findings and conclusions as presented by the Planning Commission subject to recommended conditions with the applicant being Lon Ball.

Staff Present: Planning Director Curt Dreyer and Senior Planner Joe Sheridan.

In his staff review Planner Sheridan advised that the applicant is requesting a rezone of 79.48 acres from Extensive Agriculture (EA) to Extensive Agriculture with a Cluster Development Overlay; further advising approximately 50% of the property is tillable and currently being utilized for agriculture with the remaining 50% being timbered. Planner Sheridan stated surrounding properties are zoned EA and FR (Forest Resource) and the intended purpose of the EA zone is to encourage the continued practice of farming on lands best suited for agriculture. Planner Sheridan stated the purpose of the Cluster Development Overlay is to provide flexibility of the setback and lot size provisions while retaining the overall density requirements by the use of the cluster development pattern and open space provisions. Planner Sheridan informed that minor modifications can be made to the site plan

but any significant changes would be required to go back through the Planning Commission process. It was noted that although the community council is generally supportive of the concept of Cluster Development they have submitted a letter recommending it not be approved until they have completed their Comprehensive Plan Update.

No one was present to offer public testimony.

Note: An audio record of the decision is on file as part of the official record and available on Tape #2007-14, Tape Count 454 through 822.

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Public Meeting: Consider approval of Boundary Line Adjustment No. BLA2006-25; Applicant: SDS Company

Granted (M/Struck, S/Sauter. Passed unanimously) final approval of Boundary Line Adjustment No. BLA-2006-25 which alters Lot 8 of Wallace Estates SUB2002-00005, Lot 3 of BLA2003-00006, Lots 1 and 2 of SP93-11, and Lot 6 of SUB95-01 with the applicant being SDS Company.

Assistant Planner Crista Schroder stated in her staff review that the purpose of this adjustment is to adjust the boundaries of Lots 1, 2 and 6 to include the area within the right-of-way of Forester Lane adjacent to the parcels and to adjust the boundary of Lot 3 to include all of the area of Lot 8 located within the Columbia Gorge National Scenic Area. Planner Schroder noted that a letter of approval has been received from the Columbia River Gorge Commission and the required written assurances have been received.

Public Hearing: Consider a Zone Change Request Application No. ZON2007-03 which is a proposal to rezone 10.74 acres from Suburban Residential (SR) to Residential (R ) along with a Comprehensive Plan Amendment CPA2007-01 requesting a change from Residential Medium Density to Residential High Density (Dallesport vicinity); Applicant: William Maley, Representative: Tenneson Engineering Corporation

Moved (M/Sauter, S/Struck. Passed unanimously) to continue the public hearing, closed to further public testimony, until Tuesday, October 30, 2007 at 3:30 PM due to the complex nature of the matter before the Board.

An attendance sheet has been included as part of the official record, noting approximately 16 members of the public was present.

Below is a brief synopsis of the testimony offered, noting an audio record of the complete hearing is on file as part of the official record and available on Tape #2007-14, Tape Count 1031 through 3843 and Tape #2007-15, Tape Count 0 through 135.

An * denotes written testimony which is included as part of the official record on file in the Planning Department.

Prior to the motion Chairman Thayer advised of the procedural sequence to be followed and requested disclosure of ex-parte contacts or potential conflicts of interest on the part of the Board with none being declared.

Chairman Thayer opened the hearing by requesting planners review.

As part of his staff review Planning Director Curt Dreyer advised that the request before the Board is to rezone 10.74 acres from Suburban Residential (SR) to Two – Family Residential District (R-2) which is a modification from the original request presented to the Planning Commission which was to rezone 10.74 acres from SR to Residential (R). This proposal is also a request to change from Residential Medium Density to Residential High Density. Director Dreyer stated the purpose of the SR zone is to provide for large-lot rural residential environments at housing densities consistent with the physical characteristics of the area where these development patterns occur and the purpose of the R-2 zone is to provide areas of higher density residential development where community water and sewer systems are available. Director Dreyer noted that the Comprehensive Plan designation of the property is Residential Medium Density which requires a minimum lot size of 20,000 sq. feet and does not allow implementation of the

Residential zone thereby requiring an amendment to the Comprehensive Plan. Director Dreyer informed that the Planning Commission was unable to attain an affirmative vote either for approval or denial which is why it has been forwarded to the Board of Commissioners without a recommendation.

Applicant Testimony:

Applicant Bill Maley stated Dallesport is the only area in the Gorge which has room for growth; adding there is a demand for smaller sized residential lots for young families and retirees. Mr. Maley advised that the request for an R-2 zone will not allow a manufactured home park and was one of the changes he made from the original application in an effort to address community concerns. Mr. Maley stated all but a few of the lots have been configured to be between 6,000 and 7,000 sq. feet which are limited to single family dwellings and duplexes which are allowed in an R-2 zone. Further addressing community concerns Mr. Maley noted that the size of the acreage to be developed has been reduced from 10.74 acres to 8 acres with the total number of residential lots reduced from 55 to 39 with single family homes on 90% of the lots. Mr. Maley stated the main purpose for the rezone request is availability of a community water system and the sewer system will allow higher density development which will pull people into the core areas while maintaining the integrity of the community. Addressing concerns with regard to water issues Mr. Maley stated that he has the water allocations for the lots and water to the units will be in place prior to the subdivision phase which is not at issue today; adding the water plan should be completed in late February. Mr. Maley concluded that his proposal is consistent with the area and reminded that the purpose today is to consider the rezone.

No one was present to offer proponent testimony.

Opponent Testimony:

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Pauline Coffield spoke in opposition to the rezone request by reading a letter into the record endorsed by 54 individuals with the main points of concern being a high density rezone is incompatible with the surrounding dwellings, fire suppression in the event of a structure fire due to the closeness of the homes; and the increased foot and vehicle traffic resulting from high density development. In closing, Mrs. Coffield stated they want to maintain the present quality of life with single family dwellings and medium density housing in the central part of Dallesport and requested denial of the rezone request. Mrs. Coffield also read into the record a letter dated August 6, 2007 from Fire Chief Rhet Howard expressing concerns with fire and access by fire personnel; concluding that a rezone to smaller lots with short set backs between buildings would not be a wise decision.

Randall Rankin advised he is in agreement with Mrs. Coffield’s letter.

Les Donaldson stated he too is in agreement with Mrs. Coffield’s letter.

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Phyllis Donaldson stated she is in agreement with Mrs. Coffield’s letter as well as Fire Chief Rhet Howard’s letter. Mrs. Donaldson read a letter dated August 1, 2007 from John Kincheloe who was unable to be in attendance. Mr. Kincheloe’s states that there are adequate high density zones lots available in Dallesport between 3^rd and 6^th Streets west of Central Boulevard. Mr. Kincheloe’s letter concludes that the zone should remain medium density with the option to request variances to 10,000 square feet and above.

Twila Howell advised that they live adjacent to the proposal and are in agreement with Mrs. Coffield’s letter. Mrs. Howell stated they had previously submitted a letter with concerns and opposition to the higher density proposed.

Earnest Douglass noted he is in agreement with the two letters as submitted. Mr. Douglas stated he would like to see development of a walkway to the school as well as bike paths or sidewalks in the area as well as developing Sunridge Avenue all the way through to help alleviate the traffic concerns.

Raymond Clough advised he is 100% in agreement with Mrs. Coffield’s letter; adding he is concerned with emergency vehicle access. Mr. Clough stated he is not opposed to development; however he does not believe there is a need for a subdivision in the middle of Dallesport or for additional higher density lots. Mr. Clough noted that this particular property is currently listed for sale and a new owner could change the lot sizes and put in duplexes if this zone change and comprehensive plan is approved. Mr. Clough concluded his comments by noting his opposition to this proposal.

Gerald Richardson noted his support of Mrs. Coffield’s letter and comments already made.

Applicant Rebuttal:

Mr. Maley offered that the changes made to the original application with regard to lot configuration were done in part to address concerns with fire and fire suppression; adding 5 foot setbacks on the sides of the lots is pretty much standard. Mr. Maley noted that most of the concerns raised are more appropriately to be addressed during the subdivision process. Mr. Maley stated the projects that he has done and sold have all been developed with high quality stick built homes and have a history of raising values; adding conditions and deed restrictions will be placed on any eventual sale to be followed by the new owner. Mr. Maley advised that the area is surrounded by high density zoning and his proposal would not change the character of the area.

Chairman Thayer closed the hearing to further testimony

Commissioner Sauter stated the concerns regarding fire are valid and would have to consider whether high density is appropriate is a community where have an all volunteer fire department. Commissioner Sauter noted that there are issues to be solved and it appears the applicant is willing to work with the community.

Commissioner Struck reminded that the County expended $16 million in the Dallesport peninsula with the sewer system so that there would be an opportunity for growth and when the community updated their sub-area plan they supported higher density for that growth as one of its main goals when the sewer system went on line. Commissioner Struck stated that the county taxpayers are paying for that system. Commissioner Struck stated it would be his hope higher density development would also bring more volunteers for the fire district.

Chairman Thayer offered that the sewer system is currently under utilized and does have the capacity to accommodate growth.

Miscellaneous

Community Council Elections

Attendance: Jerry Smith, Jim Fritchey, George Mersereau, Jim Rhoads all with the BZ-Husum Community Council, Louis Huszar representing the Snowden Community Council, and Planning Director Curt Dreyer.

Jerry Smith advised that the various community councils have no vehicle to run a representative election for their council positions since the County decision to go to an all mail-in ballot.

Mr. Smith stated they have been in conversation with Auditor Brenda Sorensen who has advised that the community councils are not a public entity therefore beyond providing a list of registered voters her office is unable to assist in their elections. Mr. Smith stated the main issue is whether or not the councils are considered public or private entities, noting they are not a special taxing district. Mr. Smith noted their planning area covers an 18 mile corridor with three county precincts and they have no way of determining who is within their boundaries and eligible to vote.

Snowden council member Louis Huszar advised that the Snowden Council is faced with a similar issue, however, doesn’t have to worry about holding an election until next year which will allow the council time to determine how best to proceed.

Following discussion the Board advised that they could be supportive of the concept of helping the councils fund their elections through the Economic Development Authority process if it is an allowed expenditure and would inquire of WSAC (Washington State Association of Counties) if there is a similar issue in other counties.

Unfinished Business

Continuation Consolidated Public Hearing: SEPA appeals filed by appellants C. L. Newport et al and Columbia River Keepers to the issuance of a MDNS (SEP2007-26) for proposed Short Plats SPL2007-36 and SPL2007-37, Applicant 5 M LLC, represented by Todd Meislahn and to consider proposed short plats west of Hartland Road (High Prairie vicinity).

Moved (M/Struck, S/Sauter. Passed unanimously) to deny the appeal as filed by appellant(s) C. L. Newport and Columbia River Keepers and to uphold the issuance of the DNS (Determination of Non-Significance) by the SEPA Responsible Official, SEP2007-26 and further move to grant preliminary approval to proposed Short Plat Nos. SPL2007-36 and SPL2007-37, with the applicant being 5 M LLC, represented by Todd Mieslahn. The Board directed staff to prepare the appropriate findings of fact in support of their decision for review and consideration at a later date.

Approximately three members of the public were present.

Discussion by the Board concluded that many of the issues and concerns raised, i.e. water availability, will be appropriately addressed during final plat consideration; noting future re-division of any of the 20 acre lots would require greater scrutiny and noted that a great deal of the discussion centered around what might happen. With respect to the water availability concerns the Board concluded there is no evidence or information available which shows a real likelihood that there will be a problem.

Note: An audio record of the decision is on file as part of the official record and available on Tape #2007-15, Tape Count 135 through 474.

Consent Agenda

Approved (M/Struck, S/Sauter. Passed unanimously) the Consent Agenda as presented.

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1. Personnel Authorization to begin the advertising process to fill an Administrative Assistant I position within the Economic Development/Solid Waste Department at a Range 9, Step A ($11.96 per hour) through Step C ($12.55 per hour). This position will become vacant October 16, 2007.

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2. 2007 Cumulative Reserve Fund #125 project list change is required to reflect approval of Supplemental Budget 2007-03 on September 11, 2007 as follows: increase of $20,706 to allow a transfer to the Victim Witness Fund No. 115, increase of $50,000 for Crowe Butte Park Capital Improvements, increase of $32,198 for Airport Operations and moving funds from the Unallocated Community Development Projects category to Air Quality/Legal Services in the amount of $4,258 for a total budget increase of $102,904 for a revised 2007 Cumulative Reserve Fund #125 budget of $1,561,309.

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3. Personnel Authorization to fill the Administrative Assistant I position within the Commissioners Office and placement at Range 9, Step C, $12.55 per hour of the 2007 County Pay Plan schedule reflecting past years of experience. This position is a full-time position authorized at 40 hours per week.

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4. Enrollment form for participation in the National Medical Health Systems discount prescription drug program administered through the WSAC Financial Services Corporation Pharmacy Benefit Administration Program as part of the overall County Inmate Program. Participation will allow the County to obtain discounted prescription medications for inmates housed in the County Corrections facility with anticipated savings of between 15% and 50%

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5. Request from the Juvenile Department for authorization to upgrade their security system and to accept the proposal submitted by CCTV Camera Scan to provide digital video surveillance equipment for that department at an estimated cost of $3,900.00 plus applicable sales tax.

New Business

Authorization to Hire Administrative Assistant I/Accounting in the Auditor’s Office

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Approved (M/Sauter, S/Struck. Passed unanimously) the advertising process to fill an Administrative Assistant I/Accounting position in the Auditor’s Office at a Range 9, Step A ($11.96 per hour) to a Step C, ($12.86 per hour). This position becomes vacant October 24, 2007.

Authorization to Hire Outside Pay Schedule

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Approved (M/Sauter, S/Struck. Passed unanimously) an Authorization to Hire Outside the Pay Schedule for a Deputy Sheriff position within the Sheriff’s Department and for placement of Michael Thorson, at Step 3 of the collective bargaining unit ($18.41 per hour) of the 2007 County pay plan schedule, which reflects 6 years of past experience. This is a full-time replacement position.

Award Bid for Snowden Road Clearing, Grubbing and Fencing

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Awarded (M/Struck, S/Sauter. Passed unanimously bid to James Dean Construction Inc., as low bid in the amount of $258,652 for improvements to Snowden Road, CRP 223, by clearing, grubbing and fencing.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#171481-171649) for a total of $665,602.98.

Adjournment (4:40 PM)

There being no further business before the Board, the meeting was adjourned until 10:30 AM on Thursday, October 11, 2007.

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Thursday, October 11, 2007

Chairman Ray Thayer reconvened the meeting at 10:30 AM

Commissioners present: Ray Thayer, Don Struck and David Sauter.

Workshop Session Agenda

Annual Performance Evaluation

10:40 – Executive Session

The Board convened into Executive Session in accordance with RCW 42.30.110(1) (d) to conduct an annual personnel evaluation. It was noted that the session would last for 50 minutes.

The Board reconvened back to Regular Session at 1130 AM.

11:30 – Nuisance Abatement

Consideration of Nuisance Abatement of Parcel No. 04-13-2700-0002/00.

Compliance Officer DeVries presented a nuisance abatement case involving Parcel No. 04-13-2700-0002/00, Scott Anthony Marlow. The Board directed staff to prepare the necessary resolution to authorize commencement of the nuisance abatement proceedings.

Consideration of Nuisance Abatement of Parcel No. 04-18-1800-0013/00.

Compliance Officer DeVries presented a nuisance abatement case involving Parcel No. 04-18-1800-0013/00, Mary Carey. The Board directed staff to prepare the necessary resolution to authorize or deny authorization to commence nuisance abatement proceedings.

Consideration of Nuisance Abatement of Parcel No. 03-11-0800-0014/00.

Compliance Officer DeVries presented a nuisance abatement case involving Parcel No. 03-11-0800-0014/00, Jeanine Yeager. The Board directed staff to prepare the necessary resolution to authorize the commencement of the nuisance abatement proceedings.

12:00 PM - Lunch

1:00 – 4:30 PM – 2008 Budget Discussions

The Board met with Elected Officials, Department Heads and other staff employees to discuss departmental budgets for 2008.

Adjournment

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

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Reference Document on File