Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, June 29, 2010

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, June 29, 2010

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 presented a department update which included a review of Public Works items on the Consent Agenda for the Board’s review and consideration later in the afternoon, followed by a 2010 Construction Program update and discussion concerning the design phase of various road projects.

Director Kelsey provided a review of road maintenance projects and the proposed hauling schedules for the Bighorn II and Juniper Canyon wind projects which was followed by discussion.

The Board had a brief discussion concerning a Klickitat County property owner building on the County right-of-way, with Assistant County Engineer Jeff Hunter advising that he would discuss the matter with the property owner.

Assistant County Engineer Hunter provided a follow up to a previous discussion concerning the Oak Ridge Road Project, which was followed by discussion.

The Board had a brief discussion regarding the CERB Grant/Loan for the Airport Industrial Park Project, with Director Kelsey advising that a resolution concerning repayment would be prepared for next weeks Consent Agenda for the Board’s review and consideration.

Commissioner Thayer inquired about the status of the Radio Project property located in the east end of the County, with Director Kelsey noting that the title company is preparing the deed.

Public Health Director Kevin Barry: Solid Waste Department update which may involve contract and personnel issues some of which may qualify for Executive Session in accordance with RCW 42.30.110(1)(d) and (g).

11:00 AM - Solid Waste Department Update

Attendance: Public Health Director/Interim Solid Waste Director Kevin Barry, Solid Waste Task Force members Joan Frey and Don Struck.

The Board had a discussion concerning the Solid Waste Department and other solid waste issues, with Public Health Director/Interim Solid Waste Director Kevin Barry advising that the only matter that is pressing at this time is the revision of the Comprehensive Solid Waste Plan which was last updated in March 2002.

Following discussion Director Barry recommended reconvening the Solid Waste Advisory Committee, noting that he would prepare a draft letter to the cities of Goldendale, Bingen and White Salmon requesting their participation, for the Boards consideration.

Following further discussion Director Barry Kevin asked if there was anything the Solid Waste Task Force would like to see the department doing, Solid Waste Task Force Chairman Don Struck noted that he would like to sit down and review contracts.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, June 29, 2010

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 with two (2) Add-ons: (1) New Business: Personnel Authorization to advertise for an emergency temporary hire of an Administrative Assistant II position within the Auditor’s Office and (2) Board Pending: Pending litigation issues update some of which may qualify for Executive Session in accordance with RCW 42.30.110(1)( i).

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 June 22, 2010 as presented.

Citizen Comment

Granted (M/Sauter, S/Thayer. Passed unanimously): as requested by the Klickitat County Fire Protection District # 4 to allow a variance to the County’s burn ban on behalf of The Country Café in Lyle Washington for operation of a barbeque pit for commercial purposes contingent upon compliance with all conditions and restrictions as required by Fire Protection District #4.

Prior to the motion, Fire Commissioner Dave McCune presented a letter of support signed by all of the Fire District #4 Fire Commissioners which included restrictions and conditions with was followed by discussion.

Following discussion, the Board expressed their support for the request, noting that they would like to consider a change for next year in the burn ban resolution deferring variance request to the local authorities in certain situations.

Mid Columbia Habitat for Humanity President Roger Holen verbally requested as well as provided a written request for a $25,000 grant for the 2010 calendar, noting that having obtained a water hook-up, Habitat intends to begin construction of a house in White Salmon this fall.

The Board had a discussion concerning Habitat’s Klickitat County projects, with Mr. Holen providing an update of the current project in Lyle. Mr. Holen noted that the effort in Lyle has truly been a community wide endeavor, the outpouring of goods and services, the labor of the volunteers, the Lyle School Board’s granting of a boundary-line adjustment, and the $60,000 thus far provided by Klickitat County have all contributed to the success of the first of four houses planned for Lyle.

Following discussion, the general consensus of the Board was supportive of Mr. Holen’s request, with Executive Secretary McEwen advising that a supplemental budget and a funding agreement will also be required.

Public Meetings/Public Hearings/Bid Openings

Public Meeting: Consider approval of alteration to Lot 2, SPL2002-0013, Short Plat No. SPL2008-11; Applicant: James Farrer.

Approved (M/Thayer, S/Sauter. Passed unanimously): Short Plat SPL2008-11, which alters Lot 2 of SPL2002-13 and grant final approval; Applicant: James Farrer.

Assistant Planner Crista Schroder reported that Short Plat No.SPL2008-11 is a short plat creating 4 lots, re-dividing Lot 2 of Short Plat SPL2002-13 therefore, the Board must review and grant approval to the short plat to meet the requirements of RCW58.17.215.

Ms. Schroder stated that an administrative review of the short plat has been completed and all signatures have been obtained from the Road Department, Health Department, Treasurer and the Planning Department and that all conditions attached to preliminary approval of the short plat have been met.

Public Hearing: Consider amendments to Klickitat County code Title 15 by repealing it as it currently exists and adopting a new Title 16 by adopting the International codes, 2009 Edition.

Approved (M/Sauter, S/Thayer. Passed unanimously): Ordinance No. OØ6291Ø In the matter of amendments to Klickitat County Code Title 15 to adopt the International Codes, 2009 Edition. The Amendments to the Klickitat County code shall be come effective upon adoption, July 1, 2010.

Chairman Johnston opened the public hearing, advising that the purpose of the hearing is to consider amendments to Klickitat County Code Title 15 by deleting in its entirety and adopting a new Title 15 which includes the International Codes, 2009 edition and requested a staff review.

Building and Code Compliance Director Skip Grimes provided a review of the proposed amendments, noting that even though codes are adopted by reference, we need to codify local adoption to incorporate fee schedules, amendments, our nuisance ordinance, penalties, etc. and have a legal base from which to work.

Chairman Johnston opened the hearing to public testimony both in favor of or opposed to the proposed amendments to the County Code.

Chairman Johnston noted for the record that there was no one present from the public wishing to testify against or in favor of the proposal.

Chairman Johnston closed the public hearing to further public testimony and called for Board discussion.

Consent Agenda

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

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1) Resolution No. 09510 and letter appointing Bob Moco to an additional three (3) year term on the Klickitat County Board of Equalization representing Commissioner District No. 3, effective July 1, 2010 and expiring June 30, 2013.

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2) Resolution No. 09610 in the matter of appeal to a SEPA determination for the Windy Flats West Wind Project and Designation of a hearing examiner.

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3) Administrative Offer Summary for the Hale Road Project, CRP 309, to begin the right-of-way acquisition negotiations; Landowner: James C. and Judy A. Linn, Parcel No(s). 05-21-1300-0007/00 and 05-21-1500-0002/00.

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4) Request to the Klickitat County Road Department for reimbursable work from the City of Bingen for the Road Department to perform work for an overlay project on a reimbursement basis as authorized by County Agreement (C03410) with a budget limit of $60,000.

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5) Contract Agreement (C18410) and Contract Bond between Apply-A-Line, Inc. and Klickitat County (Public Works Department) for the 2010 Annual Striping Program, RN 642-10, for a total bid price of $204,405.00.

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6) CI-TSB-Klickitat County Senior Services-2009-2010-03 (C18510) Contract Instruction (Contract No. 09-10-TSB-04) between the Human Services Council/Transportation Services Brokerage and Klickitat County (Senior Services) for the purpose of this amendment is to extend the period of performance to include July 1, 2010 through December 31, 2010.

Elected Official Report/Update

Prosecutor’s Update

Prosecuting Attorney Tim O’Neill noted he had no items of a general nature for discussion in open session.

The Board convened into Executive Session at 2:05 PM with Prosecuting Attorney Tim O'Neill and Personnel Manager Randi Post in accordance with RCW 42.30.110(1)(g) to discuss the performance of a public employee. It was noted that the session would last for three (3) minutes.

The Board reconvened back to Regular Session at 2:08 PM.

Unfinished Business

Joyce DeVries, Code Compliance Officer: Recommendation for bid award for the abatement of property owned by Raymond L. Cloud.

Accepted (M/Sauter, S/Thayer. Passed unanimously): The Building and Code Compliance Department’s recommendation for no acceptance of bids for the abatement of a nuisance on property located at 610 6^th Avenue, Dallesport, Washington, Parcel No. 02-13-3360-0117/00 – owner Raymond L. Cloud, as the nuisance has been voluntarily abated prior to award of bid and no bid will be awarded.

Public Hearing Continuation Closed to Further Public Comment: Consider public testimony received on revaluation of the Energy Overlay Zone (“EOZ”) which may address and re-evaluate the EOZ, development regulations and comprehensive plan policies; and (1) consider the Planning Commission’s recommendation for approval of the Planning Department’s proposed EOZ revisions to clarify project review and mitigation requirements.

Continued (M/Sauter, S/Thayer. Passed unanimously): the public hearing to Tuesday, July 6, 2010 at 3:00 PM under Unfinished Business and possible decision, the continuation is closed to further oral testimony and written testimony. Prior to the motion to continue, the hearing proceeded as follows:

Staff present: Planning Director Curt Dreyer, Natural Resources Director David McClure and Senior Planner Mo-chi Lindblad. There was one (1) member of the public 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 #2010-6, Tape Count 819 through 839.

Chairman Johnston opened the continuation of the public hearing on the EOZ Energy Overlay Zone and requested an update from the Planning Department.

Planning Director Curt Dreyer reminded the Board that the public hearing was in the discussion phase and provided an overview of the matters before the Board, which include the County’s obligation to hold public hearings and take comments to reevaluate the EOZ as part of the March 15, 2005 settlement agreement and consideration of the Planning Commission’s recommendations relating to proposed EOZ revisions to clarify project review and mitigation requirements.

Chairman Johnston called for Board discussion. Discussion addressed the Yakama Nation’s concern of cultural and historical issues and the lack of developer consultation with the Yakama Nation.

Senior Planner Mo-chi Lindblad provided clarification concerning the notification process, invitation for comments and efforts to have the developers involve the Yakama Nation early in the planning of their projects. Senior Planner Lindblad noted that the department has improved the process in order to have the Department of Archeology and Historical Preservation and the Nation involved in the process.

Commissioner Thayer noted for the Record, that it should be stressed to the developers that they need to speak to the tribes before going to far a long in the project.

Commissioner Thayer stated that he would like to see wind developers be required to use joint transmission lines, instead of every project having their own lines, use more enforcement, not just encouragement, require developers to provide justification of why joint transmission lines will not work for their project.

Commissioner Thayer noted that he had more concerns such as setbacks and that he would like to continue the discussion.

Commissioner Sauter suggested carrying over the public hearing to Tuesday, July 6, 2010 at 3:00 PM under Unfinished Business and possible decision to allow for staff to study issues and discuss with legal counsel before coming back with alternate language concerning the issues discussed.

Director Dryer noted that the revised EOZ language will only apply to new projects.

New Business

Auditor’s Request: For approval of Personnel Authorization to advertise to fill an Administrative Assistant II Position within the Auditor’s Office.

Attendance: County Auditor Brenda Sorensen, Chief Deputy Auditor Pam Pimley and Personnel Manager Randi Post.

The Board had a discussion concerning the Auditor’s request for approval of the Personnel Authorization to advertise for an emergency hire of an Administrative Assistant II position within the Auditor’s Office at Range 35, Step 1.

Following discussion, the Board granted verbal approval to advertise to fill the position with final approval of the hire being contingent upon written justification for the position.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#201801 - 201954; DOR Electronic Transfer #513, and manual warrant #201782) for a net of $413,459.37.

Combined Payroll: (#116790 – 117075, County Benefit Warrant #201783, and County Benefit Electronic Transfer #514) for a net of $770,301.37.

For a combined total of $1,183,760.74 for the date ending June 28, 2010.

Board Pending

Executive Session: Pending Litigation

The Board convened into Executive Session at 3:05 PM with Prosecuting Attorney Tim O'Neill and Special Counsel Steve DiJulio (via teleconference), Public Works Director Gordon Kelsey and Natural Resources Director Dave McClure to discuss pending litigation in accordance with RCW 42.30.110(1)(i) specific to Condit Dam. It was noted that the session would last for fifteen (15) minutes. At 3:20 PM it was announced that the session would be extended for an additional fifteen (15) minutes.

The Board reconvened back to Regular Session at4:05 PM.

Adjournment

Approved (M/Sauter, S/Thayer. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 3:55 PM.

Regular Meeting for Tuesday, June 29, 2010

Chairman Rex F. Johnston reconvened the meeting at 4:10 PM. Commissioners present: Ray Thayer, Rex F. Johnston and David Sauter.

Approved (M/Thayer, S/Sauter. Passed unanimously): Motion to amend error of the previous motion to approval accounts payable by withhold the payment to the Mayor of Bingen for a travel claim in the amount of $137.43.

Adjournment

Approved (M/Thayer, S/Sauter. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 4:15 PM.

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Reference Document on File