Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, April 12, 2011

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, April 12, 2011

Chairman Rex F. Johnston called the meeting to order at 10:00 AM. Commissioners present: Ray Thayer, David M. Sauter and Rex F. Johnston.

Workshop Session Agenda

10:00 AM – Public Works Department Update

Attendance: Public Works Director Gordon Kelsey and Assistant County Engineer Jeff Hunter.

Public Works Director Gordon Kelsey and Assistant County Engineer Jeff Hunter provided a brief review of Bid Openings, Consent Agenda items, and payment approvals on the Board’s afternoon agenda for consideration.

The Board had a discussion concerning the 2011 Construction Program and various road projects, with Director Kelsey noting that the Archeologist reviewing the Lakeside Road project has identified cultural sites which may require modifications to the project.

Director Kelsey provided a brief road maintenance update which included County crew projects and upgrades and repairs to be done by various wind projects.

Director Kelsey updated the Board as to upcoming facilities work and events. A discussion concerning AC units and economizers followed.

As a follow up to a previous discussion regarding removal of a barge from the Columbia River, Director Kelsey reported that the barge owner has requested to be allowed to pull the barge up Old Ferry Road and cut it into 20 foot sections in order to move it past the narrow rock area and on to private property.

Director Kelsey recommended that the barge owner be required to put up a bond to protect the County from damages to the road or in the event the barge is abandoned.

Following further discussion, the general consensus of the Board was to hold firm and require a bond.

Planning Department: Review proposed development fee amendments/comments received.

11:00 AM – Department Update/Comment

Attendance: Senior Planner Mo-chi Lindblad and Senior Planner Joseph Sheridan.

The Board convened into a workshop to review proposed land development and appeal fee amendments/comments received from the March 29, 2011 public hearing, with Senior Planner Sheridan providing a brief summation.

The Board discussed concerns that were expressed/received during the hearing, with Senior Planner Sheridan noting that determining the value of a project is done on a case by case basis.

Commissioner Sauter advised that there needs to be consistency in appeal fees and how the value of a project is determined.

Senior Planner Sheridan stated that there is no magic formula used in determining value, each proposed project is well thought out and discussed. Mr. Sheridan noted that the Planning Department can provide a break down of how a value was determined if it were to be challenged.

Following further discussion, Commissioner Sauter noted that the goal is not to limit accessibility to appeal but rather recoup costs associated with litigation.

Natural Resources Director Dave McClure requested and received Board direction regarding a request for county staff to provide wetlands delineation, with the Board advising that land developers should use a wetlands expert/professional not employed by the County to avoid any conflict of interest.

Linda Schneider, Executive Director, Washington Gorge Action Programs, Programs update and introduction of Kirsten Poole, new Director of Programs for Peaceful Living.

11:40 AM – Miscellaneous Reports/Updates/Comments

Attendance: Washington Gorge Action Programs (WGAP) Executive Director Linda Schneider, Kirsten Poole, Director of Programs for Peaceful Living and Administrative Services Director Glen Chipman.

WGAP Executive Director Linda Schneider introduced the new Director of Programs for Peaceful Living, Kirsten Poole. A discussion followed, with Ms. Poole providing an overview of programs and crisis intervention programs that she is involved with.

Executive Director Schneider provided a brief update on various WGAP programs, noting that due to budget cuts, several employees have been laid off. Director Schneider stated that she has big concerns for the food bank which has also had to cut staff and is relying more on volunteer hours.

Director Schneider advised that with staff cuts and funding assistance from organizations like the Rotary Club they will be able to maintain budget until the end of December.

Director Schneider concluded her update with a comparison of 2009 and 2010 services that were provided to households and individuals in Klickitat and Skamania County’s, noting that the numbers are considerably higher for 2010 due to economic issues.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, April 12, 2011

Chairman Rex F. Johnston reconvened the meeting at 1:00 PM. Commissioners present: Ray Thayer, Rex F. Johnston and David Sauter.

Agenda

Business Agenda

Approved (M/Sauter, S/Thayer. Passed unanimously): the Business Agenda as presented.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

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Approved (M/Thayer, S/Sauter. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for April 5, 2011 as presented.

Citizen Comment

County Treasurer Dani Burton requested and received verbal authorization to purchase a printer to replace the one that no longer works in her office. Treasurer Burton advised that she will leave the vacant position in the Treasurer’s office unfilled until she is able to meet the 5% reduction in wages and cover the costs of the new printer. She will prepare the required paperwork which also serves as authorization for the Technical Services department to install the printer when it arrives.

Health Director Kevin Barry requested and received verbal authorization to begin the advertising process to fill a vacant Public Nurse position within the Public Health Department.

Public Meetings/Public Hearings/Bid Openings

Bid Opening: Purchase of one (1) 2010 or newer AWD vehicle by the Assessor’s Office per specifications.

Bids Forwarded (M/Sauter, S/Thayer. Passed unanimously): to the Assessor’s Office for their review and recommendation of four (4) bids received for the purchase of one (1) 2010 or newer AWD vehicle.

· Bob Stone Freeway Auto Center

The Dalles, Oregon

2011 Subaru Forester

$21,473 excluding title, license and tax.

· Custom Auto Brokers

Debroisa, Montana

2010 Subaru Impreza

$21,000 includes tax and license

· Custom Auto Brokers

Debrosia, Montana

2010 Subaru Forester

$26,5000 includes tax and license

· Dave Suthard Valley Ford

Yakima, Washington

2010 Ford Escape

$23,385.95 includes tax and dealer fee

Bid Opening: Improvements of 1/01 Miles of Woodland Road, CRP 308, by widening, minor improvements to horizontal and vertical alignments, improving and installing drainage, surfacing, fencing and other work, all in accordance with the Contract Plans, Provisions and Specifications.

Bids Forwarded (M/Sauter, S/Thayer. Passed unanimously): to the Public Works Department for their review and recommendation of six (6) bids received for the Woodland Road Project, CRP 308. Note: Engineer estimate $275,962.00.

· James Dean Construction

Glenwood, Washington

$233,643.30

· Granite Construction Company

Yakima, Washington

$250,250.00

· McNealy Excavating, Inc.

Washougal, Washington

$242,175.90

· Crestline Construction Company

The Dalles, Oregon

$195,193.00

· Thompson Brothers Excavation

Vancouver, Washington

$267,741.20

· Nutter Corporation

Vancouver, Washington

$296,689.22

Bid Opening: 2011 Annual Striping Program, RN 642-11, which includes but is not limited to installation of Yellow Skip, No-Pass and White Edge pavement markings throughout Klickitat County.

Bids Forwarded (M/Thayer, S/Sauter. Passed unanimously): to the Public Works Department for their review and recommendation of six (6) bids received for the 2011 Annual Striping Program, RN 642-11. Note: Engineer estimate $366,600.00.

· Road Runner Striping Company

Puyallup, Washington

$313,250.00

· Specialized Pavement Marking, Inc.

Tualatin, Oregon

$391,810.00

· Stripe Rite, Inc.

Sumner, Washington

Did not acknowledge Addendum

· Hicks Striping & Curbing, Inc.

Brooks, Oregon

$324,065.00

· Pavement Surf Construction

Kennewick, Washington

Did not acknowledge Addendum

· Apply-A-Line, Inc.

Pacific, Washington

$339,846.00

Public Hearing: Consider approval of an alteration/vacation of SPL2009-12, Short Plat No. SPL2011-03; Applicants: Legacy Farms, LLC.

Approved (M/Sauter, S/Thayer. Passed unanimously): SPL2011-03 which vacates 59.31 acres of Lot 4, SPL2009-12, and grant final approval of the Short Plat; Applicants: Legacy Farms, LLC.

Chairman Johnston opened the public hearing, stating that the purpose is to consider an application for an alteration/partial vacation of Lot 4 SPL2009-12 and requested a staff review.

Associate Planner Crista Schroder reported that Short Plat SPL2011-03 is an alteration/vacation of a portion of Lot 4, Short Plat SPL2009-12, noting that the owner has stated on the application that the reason is to transfer approximately 59.31 acres to the adjacent property owner leaving Lot 4 at 5 acres in size.

Ms. Schroder advised that the application was routed to surrounding land owners within 300’ of Lot 4, SPL2009-12 and no public comments were received.

Ms. Schroder reported that an administrative review of the short plat has been completed and if the Board approves the vacation a deed will be recorded with the final plat transferring/attaching the vacated portion to adjacent property by boundary line adjustment.

Chairman Johnston inquired if there was anyone from the public wishing to provide comment, there being none he closed the public hearing.

Public Meeting: Consider the Planning Commission’s recommendation for approval of Zone Change Application ZON2010-04; SDS Company LLC/Frank Backus representative

Approved (M/Thayer, S/Sauter. Passed unanimously): Ordinance No. OØ41211 to summarily accept the findings and conclusions as presented by the Planning Commission and grant approval for Zone Change Application ZON2010-01 and to amend the Klickitat County Zoning Map rezoning Parcel No. 06-1025-0000-01/00 (160 acres) from Extensive Agriculture to Extensive Agriculture with a Cluster Development Overlay; Applicant: SDS Company LLC, Representative : Frank Backus.

Chairman Johnston opened the public meeting advising that the purpose is to consider the Planning Commission’s recommendation to grant Zone Change ZON 2010-04 and requested a staff review.

Senior Planner Joseph Sheridan provided an overview of the proposal which is a request to rezone 160 acres from Extensive Agriculture to Extensive Agriculture with a Cluster Overlay. The proposed rezone would allow the applicant to develop a 7 lot residential subdivision with a residual 146 acre parent parcel that would remain for resource use. The remainder parent parcel could not be further divided in the future under the current Extensive Agriculture Zoning and any future lot development is bound by the project description and site plan submitted as part of this cluster overlay proposal.

Chairman Johnston noted for the record that no one from the public was present wishing to provide testimony for or against the proposed rezone plan.

Consent Agenda

Approved (M/Thayer, S/Sauter. Passed unanimously): the Consent Agenda with Item #9 being pulled for further clarification.

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1) Project list change for the 2011 Cumulative Reserve Fund #125 approved budget is required in order to reflect the reallocation of funds to the various 2011 Community Projects recommended for approval by the EDA Board and approved by the Board of Commissioners on Tuesday, March 29, 2011 in a total amount of $354,054. An overall allocation of $380,000 was included with approval of the 2011 Cumulative Reserve Fund budget which included a project pending approval from 2010 (Trout Lake Irrigators Study/Underwood Conservation District). The project list change is also required to reallocate funds from Unallocated Community Development Projects to fund a commitment of $10,000 to Wasco County, Oregon to support veteran’s services accessed by Klickitat County residents/veterans. Approval of the project list change will not result in an overall budget impact.

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2) Interagency Agreement (C07311) IAA10175 between the State of Washington, Administrative Office of the Courts and Klickitat County Juvenile Court for the purpose of adjusting the maximum reimbursement for costs from $29,154 to $28,789. The amount of compensation for July 1, 2010 – June 30, 2011 will be $13,739 for a maximum reimbursement of $28,789 for costs incurred during the contract period. All other terms and conditions of the original contract remain unchanged.

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3) Task Order No. 17 (C07411) to Water Resource Inventory Area 30 (WRIA30) Watershed Plan Implementation Service Agreement (C09307) between Klickitat County (Natural Resources Department) and Aspect Consulting to provide technical support for updating the Klickitat County Lead Entity Salmon Recovery Strategy to incorporate data information from watershed planning and species recovery plans. The start date of this task is April 12, 2011, ending June 30, 2011 with a total not to exceed budget of ten thousand dollars ($10,000).

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4) Resolution No. 04411 in the matter of awarding bid to The Goldendale Sentinel and The Enterprise for advertising of legal notices, delinquent tax lists as well as notices to be published by newspapers of “general circulation” in Klickitat County for the contract period commencing on July 1, 2011 and terminating on June 30, 2012. For the purposes of this contract period The Goldendale Sentinel will be the County’s “newspaper of record”. All publication of legal notices, delinquent tax lists and other notices to be published by the newspaper of “general circulation” in Klickitat County as per the Revised Code of Washington will constitute legal notice with publication to occur in The Goldendale Sentinel and The Enterprise.

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5) Renewal Application with the Washington Rural Counties Insurance Program for the 2011-2012 program coverage year.

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6) Task Order No. 11 (C07511) for Water Resource Inventory Area 31 (WRIA 31) Watershed Plan Implementation Service Agreement (C05309) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of printing and delivering sixty (60) copies of the report titled “WRIA 31 Instream Habitat Assessment”. The not to exceed budget for the Task Order is three thousand dollars ($3,000), effective April 12, 2011 and ending May 31, 2011.

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7) Alternative work schedule for a Network Administrator position within the Technical Services Division allowing a flexible work schedule to work four -9 hour days per week, Monday, Tuesday, Thursday and Friday, 7:00 AM to 5:00 PM; And Alternative work schedule for a Network Administrator position within the Technical Services Division allowing a flexible work schedule to work four -9 hour days per week, Monday through Thursday, 7:00 AM to 5:00 PM; And Alternative work schedule for a Network Administrator position within the Technical Services Division allowing a flexible work schedule to work four -9 hour days per week, Tuesday through Friday, 7:00 AM to 5:00 PM.

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8) Request for concurrence to award bid to DCM Construction, Inc. for the Replace Blinds Courthouse Project, N10004, Federal Contract No. F10-51110-034, as bid in the amount of $13,761.08.

9) (Pulled) Phase I and Phase II Enhanced 911 Service Agreement between Klickitat County (Sheriff’s E911) and Sprint Nextel for the installation and provision of Phase I and Phase II E911 service in compliance with applicable law, effective upon execution by both parties and automatically renewing for the next one-year term unless terminated.

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10) Purchase Authorization to allow the Health Department to purchase two (2) Dell Optiplex 980 MiniTower computers through the Technical Services Division at a total cost of $3,025.29 which includes applicable sales tax.

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11) Coastal Protection Grant Agreement (C07611) No. G1100243 between the State of Washington Department of Ecology and Klickitat County (Natural Resources Department) for the purpose of providing $34,000 in grant funding for the development of a water quality improvement plan to address high water temperatures in Swale Creek, effective upon full execution with an end date of June 30, 2012.

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12) Request for concurrence to award bid to Lupin Construction for the Support Horse Barn “C” Overhangs Project, N11018, as bid in the amount of $5,597.10.

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13) Resolution No. 04511 in the matter of Authorization to allow the Public Works Department to purchase one (1) 50 ft x 100 ft steel building (Goldendale Shop Sand Storage) from Olympia Steel Buildings in the amount of $36,918 plus $1,496.00 delivery charge. Olympia Steel Buildings will be paid $38,414 and the sales tax of $2,688.98 will be paid directly to the State of Washington by Klickitat County.

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14) Resolution No. 04611 in the matter of temporary closure of Hale Road, County Road No. 46180 between Mile Post 7.66 and Mile Post 11.90 with dates of closure to be April 27, 2011 to August 26, 2011 during the Hale Road Project.

Unfinished Business

Public Hearing Continued/Closed to further public comment: Consider amendments and revisions to Title 2 of the Klickitat County Code. Chapter 2.72 titled “Land Development Fees” relating to development and appeal fees.

Approved (M/Sauter, S/Thayer. Passed unanimously): Ordinance No. OØ41211-1 in the matter of adopting the attached amendments to Title 2, of the Klickitat County Code, Chapter 2.72 titled “Land Development Fees” relating to development and appeal fees to take effect immediately.

Attendance: Senior Planner Joseph Sheridan and Senior Planner Mo-chi Lindblad. There were no members of the public present.

Prior to the motion Chairman Johnston opened the public hearing continued /closed to further public comment and requested a Planner’s review.

Senior Planner Joseph Sheridan provided a brief review, noting that the Board has discussed the revisions during several workshops and received public comment during the March 29, 2011 public hearing.

The Board noted that they were ready to move forward with a motion.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#210038 - 210192) for a net of $147,301.67.

Combined Payroll: (#122023 – 122284, County Benefit Warrants #210023 - 210037, County Benefit Electronic Transfer #543, Special County Electronic Transfer #544, and Canceled Warrants #210029) $561,448.10.

For a combined total of $708,749.77 for the date ending April 11, 2011.

Road Department Payments

Approved (M/Sauter, S/Thayer. Passed unanimously): Pay estimate to payment No. 3 to Graves & Associates in the amount of $12,094.32, which includes $604.72 retainage for a net of $11,489.60 for the Centerville Highway-Lyle Path Project CRP275.

Release of Retainage

Approved (M/Sauter, S/Thayer. Passed unanimously): Release of Retainage payment to Central Washington Asphalt, Inc. in the amount of $35,185.31 for the 2010 Chip Seal Project, CRP No. 279, 288 & 301.

Release of Bond

Approved (M/Thayer, S/Sauter. Passed unanimously): Final Acceptance and Release of Bond #6611186 to Construction Ahead, Inc. –dba- Pavement Surface Control for the Low Cost Run-Off-Road Safety Project, CRP 297, TA-4123, Fed. Aid No. HRRR-000S(233).

Release of Retainage

Approved (M/Thayer, S/Sauter. Passed unanimously): Release of Retainage payment to Gunkel Construction LLC in the amount of $19,626.68 for the Austin Road Project, CRP 289.

Elected Official Report/Update

Sheriff Rick McComas: Public Safety Telecommunications Week April 10-16, 2011

At Undersheriff Jolene Kallio’s request Chairman Johnston read into the record Governor Gregoire’s proclamation declaring April 10 through 16, 2011 as “Public Safety Telecommunications Week” throughout the State of Washington.

Prosecutor’s Update

Prosecuting Attorney Lori Hoctor noted she had no items of a general nature for discussion in open session.

Executive Session: Potential Litigation

The Board convened into Executive Session at 2:50 PM with Prosecuting Attorney Lori Hoctor, Solid Waste Director Kevin Barry and Allied Waste representatives Pete Keller and Matt Henry in accordance with RCW 42.30.110(1)(i) to discuss potential litigation. It was noted that the executive session would last for fifteen (15) minutes. At 3:05 PM it was announced that the executive session would be extended for ten (10) minutes.

The Board reconvened back to Regular Session at 3:15 PM.

The Board convened into Executive Session at 3:15 PM with Prosecuting Attorney Lori Hoctor, Deputy Prosecuting Attorney Susan Drummond (via telephone conference) and Senior Planner Mo-chi Lindblad in accordance with RCW 42.30.110(1)(i) to discuss potential litigation. It was noted that the executive session would last for fifteen (15) minutes. At 3:30 PM it was announced that the session would be extended for ten (10) minutes. At 3:40 PM it was announced that the session would be extended for five (5) minutes. At 3:45 PM it was announced that the session would be extended for five (5) minutes.

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

Adjournment

Approved (M/Sauter, S/Thayer. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 4:08 PM.

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Reference Document on File