Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, October 27, 2009

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, October 27, 2009

Chairman David M. Sauter 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 provided an overview of Public Works Department issues on the Agenda which included a 2:00 PM public hearing to consider the proposed revision and extension to the Klickitat County Six Year Transportation Improvement Program for 2010 – 2015, Consent Agenda items and road project payment estimates.

Director Kelsey presented an update on the 2009 Construction Program, reporting on Fisher Hill Road, Horseshoe Bend Road, the Rock Creek Bridge replacement, South Columbus and Bickleton Highway overlays, the Courthouse Window Project, Pioneer Center gutter repair project, the Annual Striping project and maintenance road projects.

As a follow up to a previous discussion, Assistant County Engineer Jeff Hunter noted that the Horseshoe Bend and Fisher Hill projects which involve RAP funding can be carried over to 2010.

Director Kelsey reported that he has requested a speed study to be conducted in the BZ Corners area, to be completed before snow arrives in the area.

Chairman Sauter advised that he will be meeting with representatives from the Railroad, the Gorge Commission, the Utilities and Transportation Commission (UTC) and local Surfer Groups to discuss access options for surfers at the Lyle sand bar and rail road tunnel and requested that a representative from the Public Works Department also attend to supply engineering expertise during the discussion.

Director Kelsey noted that he and Assistant County Engineer Hunter would be available to participate.

11:00 AM – Personnel Department Update

Attendance: Personnel Manager Randi Post and Administrative Services Director Glen Chipman.

Personnel Manager Randi Post provided an update on the schedule and process for the job classification study, noting that meeting dates have been set for November 2^nd with Department Heads to provide them with detailed background information of the process to assist employees with questions; the November 3^rd meeting will be with employees in Goldendale and November 5^th with employees in White Salmon.

Personnel Manager Post presented a draft resolution concerning the approval of the implementation of the 2009 Job Classification Study for non-represented employees for the Board’s consideration and review.

Personnel Manager Post updated the Board on the Wellness Committee, Safety Committee and the Benefits Committee, reporting on their recent activities and planned projects.

Executive Session – Review final draft of the Employee Compensation Study and a disciplinary matter.

The Board convened into Executive Session at 11:15 AM with Personnel Manager Randi Post and Administrative Services Director Glen Chipman to review the final draft of the Employee Compensation Study and discussion of a disciplinary matter concerning a public employee in accordance with RCW 42.30.110(1)(g). It was noted that the executive session would last for 15 minutes. At 11:30 AM it was announced that the session would be extended for 15 minutes. At 11:45 AM it was announced that the session would be extended for an additional 15 minutes.

The Board reconvened back to Regular Session at 12:00.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, October 27, 2009

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

Agenda

Business Agenda

Approved (M/Thayer, S/Johnston. Passed unanimously) the Business Agenda as presented with one (1) Add-on under Board Pending: Radio Project update and tower site discussion.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

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Approved (M/Johnston, S/Thayer. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for October 20, 2009 as presented.

Citizen Comment

Klickitat County Historical Society board members, Dennis Birney and Renea Campbell presented a report consisting of examples of historical grant programs from four (4) Washington counties for the Board’s consideration and review to assist them in their development of a Klickitat County grant program.

County Assessor Van Vandenberg presented a breakdown of value assessments of wind turbine projects within the County for the Board consideration and review.

Public Meetings/Public Hearings/Bid Openings

Public Hearing: Consider abatement assessment which may constitute a special assessment against and a lien upon the property or a personal obligation of Betty Jones Neal, Parcel No. 02-15-1754-0571/00

Approved (M/Johnston, S/Thayer. Passed unanimously): Resolution No. 12609 in the matter of an abatement assessment which shall constitute a special assessment against the property of Betty Jones Neal, Parcel No. 02-15-1754-0571/00 in the amount of $12,221.73.

Prior to the motion the hearing was opened by Chairman Sauter, who then asked for disclosure with no ex parte contacts or any potential conflicts of interest reported.

Code Compliance Officer Joyce DeVries presented a staff review in which she stated that the Board had authorized abatement of this property by approval of Resolution No. 12209 and a contractor was chosen by established procedure. She added that the abatement was accomplished in a satisfactory manner and the contractor has been paid. She advised that the Board has either the choice of approving a special assessment against the property of Ms. Neal, or approving a personal obligation. Officer DeVries recommended the former option.

Chairman Sauter opened the public hearing for the purpose of receiving public comment and/or testimony. For the record Chairman Sauter noted that no one was present wishing to provided comment or testimony.

Chairman Sauter closed the public hearing and called for Board discussion. Following the discussion, Chairman Sauter called for a motion.

Public Meeting: Consider final approval of a lot line adjustment between Lots 1 & 2 of SP-89-02, Boundary Line Adjustment BLA2009-06: Applicant: Basil Kelley

Approved (M/Johnston, S/Thayer. Passed unanimously): Boundary Line Adjustment No. BLA2009-06 which alters Lots 1 and 2 of SP89-02, and grant final approval to the boundary line adjustment; Applicant: Basil Kelley.

Assistant Planner Crista Schroder stated that the proposed boundary line adjustment is to move the property line to match the existing fence lines.

Ms. Schroder advised that the zoning for the property is Extensive Agriculture and that the lots were originally created in 1989 under section 3.3 of the zoning Ordinance Number 62678, noting that the boundary line adjustment complies with this ordinance.

Ms. Schroder advised that signatures have been obtained from the Road Department, Health Department and the Planning Department attesting that all assurances have been met.

Public Meeting: Consider Planning Commission’s recommendation of approval for the Snowden Area Sub-Area Plan Update

Accepted (M/Thayer, S/Johnston. Passed unanimously): the Planning Commission’s recommendation and approval of the Snowden/Burdoin Sub-Area Plan and Zoning Update as recommended and to direct staff to prepare an ordinance formally adopting the Snowden/Burdoin Sub-Area Plan and Zoning Update.

Prior to the motion the hearing proceeded as follows with Chairman Sauter opening the proceedings and asking for a staff report.

Planning Director Curt Dreyer provided a staff review of the Planning Commission’s recommendation of approval for the Snowden/Burdoin Mountain Sub-Area Plan and Zoning, noting that the Planning Commission acknowledged the extensive efforts of the Snowden/Burdoin Community Council and the degree of attention to detail.

Director Dreyer reported that the Planning Commission generally agreed that the Community Council’s proposed Sub-Area Plan included the essential elements of a comprehensive plan but also included more detail than typically provided in the County Comprehensive Plan format. The Planning Commission directed staff to extract portions of the proposal into a format that more closely resembles the format of the County Comprehensive Plan.

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Director Dreyer noted that a letter of support of the Planning Commission’s recommendation from the Snowden/Burdoin Community Council has been included in the record.

Chairman Sauter noted for the record that there was no one present wishing to speak for or against the proposal and called for discussion.

Following discussion, the Board expressed support for letters to be sent to the Planning Commission and the Snowden/Burdoin Community Council to express the Board’s appreciation for their efforts and hard work during the process of updating the Snowden/Burdoin Sub-Area Plan and Zoning.

Public Hearing: Consider the proposed revision and extension to be made to the Klickitat County Six Year Transportation Improvement Program for 2010-2015.

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Continued (M/Johnston, S/Thayer. Passed unanimously): the public hearing until Monday, November 2, 2009 at 6:30 PM at the Pioneer Center in White Salmon to take additional public comment with regard to Six Year Transportation Improvement Program for 2010-2015.

Chairman Sauter opened the hearing and indicated the procedural sequence following which he requested a staff review.

Director Gordon Kelsey presented maps and a draft Six Year Transportation Improvement Plan for the Board’s consideration and review. Director Kelsey stated that this process is required by the State on an annual basis and is intended as a planning tool to assist with the development of roads and road improvements that are needed for the future.

Director Kelsey stated that the draft Six Year Transportation Improvement Plan reflects a back log of projects that the Public Works Department is trying to clear out and complete, noting that not all of the projects are funded. Director Kelsey advised that in order for a project to be eligible for grant consideration the project must be on the six year plan.

Public Testimony:

Rock Creek area resident Roscoe Imrie provided testimony in support of improvements to Rock Creek Road from the Bickleton Highway to Newell Road.

Trout Lake area resident Jerry Amato offered support for improvements to Jennings Road due to excessive dust issues caused by traffic in route to events held at the events center located at the end of the road.

Unfinished Business

Findings, conclusion and decision to deny an application for classification as Open Space Agriculture Conservation Land for Current Use Assessment, Application #OS-FCL-2009-01, Applicant: Thomas B. Wade.

Approved (M/Johnston, S/Thayer. Passed unanimously): the findings, conclusions and decision in support of Board motion on Tuesday, October 6, 2009 to deny an application for classification as Open Space Agriculture Conservation Land for Current Use Assessment, Application #OS-FCL-2009-01, Applicant Thomas B. Wade, Parcel No. 04-14-3100-0005/00 involving 80 acres.

Chairman Sauter noted that a public hearing was held on October 6, 2009 at which time the applicant participated via telephone conference. The zoning designation for the property is Open Space with a 20 acre minimum under Klickitat County Zoning Ordinance and does have the potential to be further divided. The Comprehensive Plan designation is Agriculture/Forest.

At the Board’s request Executive Secretary Cris McEwen read the draft findings, conclusion and decision into the record which indicated that improvements on the property pursuant to the application consist of a single family residence, garage, well and septic system. The property had previously been enrolled in the Farm and Ag Current Use Program dating back to 1950 by the previous landowner and was subsequently removed upon transfer in 2006 to the present owners who did not sign the Notice of Continuance at the time of transfer.

It was noted that the applicant had indicated in his communication of June 22, 2009 that it is not his intent to farm the property which is why he opted not to sign the “notice of continuance”. He further stated during testimony that he has no plans to actively farm the property now or in the future and does not want farm machinery or livestock on the property. Granting of the application will not conserve natural resources, protect soil resources, or promote conservation principles by example.

It has been determined that the property has not been irrevocably devoted to a use consistent with agricultural uses and granting the application will not preserve land previously classified under RCW 84.34.020(2) and will not preserve land with a high potential for returning to commercial agriculture. The present use of the property is residential.

In conclusion and based on the findings the tax classification request offers no clear benefit to the general public.

Consent Agenda

Approved (M/Johnston, S/Thayer. Passed unanimously) the Consent Agenda.

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1) Resolution No. 12709 in the matter of renewing authorization granting authority to the Chief Financial Officer (now the Administrative Services Director) and/or the Commissioners Executive Secretary/Clerk of the Board to request, in writing, that the County Treasurer make investments, from time to time, on behalf of the Landfill Gas Improvements Fund #139, Cumulative Reserve Fund #125, Flood Control Fund #112, Affordable Housing Fund #133 and the Vehicle Rental and Replacement Fund #502.

2) Scheduling a public hearing to be held on Tuesday, November 24, 2009 at 1:30 PM to consider the Planning Commission’s recommendation to approve Zone Change Application Zon2009-05; Applicant: G. Hobus Investments (Jeff Divers) represented by Stephen Head.

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3) Agreement No. F09-31103-061 (C28009) between Klickitat County (Prosecutor’s Office) and the Washington State Department of Community, Community Services Division, Office of Crime Victims Advocacy to provide $30,000.00 to support grant activities funded through the 2009 STOP Violence Against Women Program, effective October 1, 2009 and ending September 30, 2010.

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4) Contract Amendment (N16696) (C28109) between the Washington State Department of Health and Klickitat County (Public Health Department) for the purpose of changing the Department of Health contract manager from Karen Valenzuela to Leslie Gates. The contract consideration of $1,500 remains unchanged with the amendment effective upon full execution. All other contract considerations and the period of performance remain unchanged.

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5) Contract Amendment (DSHS 0963-65375) (C28209) between the State of Washington Department of Social and Health Services and Klickitat County (Public Health Department) for the purpose of changing the points at which compensation is paid for in-home nursing evaluation of WorkFirst participant’s children, assessing their medical, developmental, and/or behavioral needs. The amendment is effective November 15, 2009 through June 30, 2010 with a total maximum contract amount of $900.00. All other terms and conditions of the original contract remain in full force and effect.

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6) Resolution No. 12809 in the matter of authorizing the Public Works Department ER&R Fund to purchase one (1) 1996 trailer mounted Bowie Model Victor 800 Hydro-Seeder from Thurston County, Washington at a total price of $4,336.00. This equipment will be assigned Equipment No. 1840 with a rental rate of $35.00 per hour.

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7) Small Works Contract (C28309) and bid award between Klickitat County (Public Works Department) and DCM Construction Inc. to provide for the repair of damage to the gutter system on the Pioneer Center in White Salmon, Washington. Repairs consist of removal of existing gutters, adjustment of mounting brackets, replacement of damaged brackets, end caps, joints, outlets or sections of extruded gutter, replacement of gutters and installation of heat tape in the finished system and all other work in accordance with the contract specifications for a total bid amount of $16,588.33. The project shall be completed 15 working days from receiving “Notice to Proceed”.

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8) Engagement Agreement (C28409) between Paladin Data Systems Corporation and Klickitat County (Technical Services Department) for the purchase of Interlocking software to replace the Building Department and Health Department permitting systems at a price of $69,125.00 which does not include applicable sales tax. Approval will require a supplemental budget consideration for that portion of the work to be performed between now and the end of the year and consideration in the 2010 budget for that portion to be completed next year.

Elected Official Report/Update

Prosecutor’s Update

Prosecuting Attorney O’Neill provided a brief department update, noting that he has been discussing issues involving civil matters with Sheriff Rick McComas and Chief Administrative Deputy Jolene Kallio in regard to the acquisition of property by and for the Sheriff’s Department.

Executive Session – Pending and Potential Litigation

The Board convened into Executive Session at 3:00 PM with Prosecuting Attorney Tim O’Neill and Special Deputy Prosecuting Attorney Steve DiJulio (via teleconference) to discuss pending and potential litigation. It was noted that the session would last for 15 minutes. At 3:15 PM it was announced that the session would be extended another 15 minutes. At 3:30 PM it was announced that the session would be extended another 5 minutes.

The Board reconvened back to Regular Session at 3:35 PM.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#194485 - 194602 and DOR Electronic Transfer #487) for a net of $808,301.60.

Combined Payroll: (#112239 – 112533, Co. Benefit Electronic Transfer #486, Re-Issued Payroll AP Warrants # 194603 – 194604, and Canceled Warrant #194483) $783,790.72.

For a combined total of $1,592,092.32.

Road Department Payment

Approved (M/Thayer, S/Johnston. Passed unanimously): Pay estimate to payment No. 4 to Tapani Underground Inc., in the amount of $323,042.26 for the Fisher Hill Road (CRP 250). No Retainage is being held as Tapani Undergrounds Inc. has posted a retainage bond.

Road Department Payment

Approved (M/Thayer, S/Johnston. Passed unanimously): Pay estimate to payment No. 3 to Tapani Underground Inc., in the amount of $334,880.60 for the Horseshoe Bend Road Project (CRP 279). No Retainage is being held as Tapani Undergrounds Inc. has posted a retainage bond.

Board Pending

Executive Session – Personnel issue specific to an individual/position.

The Board convened into Executive Session at 3:42 PM with Natural Resource Director Dave McClure and Personnel Manager Randi Post in accordance with RCW 42.30.110(1)(g) to discuss a personnel issue concerning salary specific to an individual/position and not generally applied. It was noted that the executive session would last for 10 minutes. At 3:52 PM it was announced that the session would be extended another 5 minutes.

The Board reconvened back to Regular Session at 3:57 PM.

Administrative Services Director Glen Chipman: Radio Project update.

Administrative Services Director Glen Chipman provided an update on the radio project, discussing possible tower site locations, alternative properties, required easements, and contingencies for making an offer such as title reports and a conditional use permit.

Following discussion, the Board expressed their support for Commissioner Thayer to make an offer on a particular property contingent upon specific conditions.

Adjournment (4:35 PM)

Approved (M/Johnston, S/Thayer. Passed unanimously) motion to adjourn until 6:30 PM on Monday, November 2, 2009 at the Pioneer Center in White Salmon.

Revisement and Extension of the Six Year Transportation Improvement Program for 2010-2015

Public Hearing-Continued

Revisement and Extension of the Six Year Transportation Improvement Program for 2010-2015 (White Salmon)

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Commissioners present: Chairman Dave Sauter, Commissioner Ray Thayer and Commissioner Rex Johnston.

Staff Present: Public Works Director Gordon Kelsey, Assistant County Engineer Jeff Hunter, and Clerk of the Board Cris McEwen.

Eight members of the public were present.

Chairman Sauter advised that the purpose of the hearing is to take further public testimony with respect to the proposed revision and extension of the Klickitat County Six Year Road Transportation Improvement Program for plan years 2010-2015; noting this is a continuation of the public hearing which was held in Goldendale on Tuesday, October 27, 2009.

Public Works Director Gordon Kelsey provided a brief overview for those present by explaining the funding sources for the road construction plan as well the requirement by the State to review the transportation plan on an annual basis. Director Kelsey stated that the Six Year Transportation Improvement Plan is intended to serve as a planning tool for the county’s construction program; noting roads must be on the six year plan in order to be constructed and/or improved as well as for eligibility to receive available state and federal dollars.

Chairman Sauter opened the hearing for the receipt of public comment.

Don Struck, White Salmon resident, serving as spokesman for Oak Ridge Road residents and property owners stated that Oak Ridge Road is on the plan in 2011 to begin preliminary work and offered encouragement to retain it on the plan; noting it has been on the six year plan since 1999. Mr. Struck cited current and future development pressures in the area; safety issues form the school perspective, and dust mites which affect the local orchards as main concerns for needed improvements.

Chuck Bryan offered his support for inclusion of White Salmon River Road and lower Spring Creek Road o to the plan; noting there are presently 16 residences on a 1 ½ mile stretch of gravel road with more short plats moving forward. Mr. Bryan stated he would like to see the ½ mile of Lower Spring Creek road widened and/or chip sealed.

Trout Lake resident Don Gower presented a petition from area residents offering their appreciation to the County for paving Dean Road this year.

There being no further public testimony Chairman Sauter closed the public hearing to further public testimony; noting the plan will be adopted prior to the end of the year.

Adjournment

There being no further business before the Board, the meeting was adjourned at 7:00 PM.

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Reference Document on File