Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, July 6, 2010

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, July 6, 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 provided a department update beginning with a brief review of Consent Agenda items, followed by a 2010 Construction Program update.

The Board had a discussion concerning the design phase of various road projects and the Bighorn II and Juniper Canyon wind projects, with Director Kelsey noting that the wind project developer has requested to be allowed to have 45 minutes to 1 hour closures on East Road to walk their crane across the road.

Following discussion, Director Kelsey advised that the property owners in the area will be notified prior to the proposed closures.

Director Kelsey updated the Board concerning minor repairs that the wind project developer will be making due to damage to a small bride on Van Nostern Road and field approaches on Middle Road that were disturbed.

Director Kelsey advised the Board that Public Works had received notice from the Washington State Department of Transportation that the WSDOT will no longer be funding high cost bridge inspections which pertains to under bridge and under water inspections, noting that these inspections will be contracted in the future.

The Board had a discussion concerning the Airport Industrial Park; with Director Kelsey advising that the radiuses of the roads are too tight and Tenneson Engineering will be making the necessary revisions to the map and plan.

The Board had a discussion regarding a request from Iberdrola Renewables to be allowed to relocate utilities to the County right-of-way on Schrantz Road, with the general consensus of the Board not being in favor of the request.

Director Kelsey provided a brief update on the purchase of the Radio Project property located in the east end of the County, noting that the title company had reported a problem with the title report and that he would be contacting the property owner to discuss the matter.

The Board had a discussion concerning Klickitat River properties near Lyle where the County and US Forest Service own adjacent parcels, with Director Kelsey noting that the Forest Service plans to build a park with a parking area and bath rooms and has request to be allowed to block off a portion of the lower road which would block off public access to the County’s parcel.

Following discussion, the Board noted that they would take the matter under advisement.

Director Kelsey advised the Board about a problem with concrete blocks dissolving on the fair office building at the fairgrounds and recommended having the on-call structural consultant inspect the damage and provide an opinion for a solution to the problem. Director Kelsey noted that pressure grouting the damaged areas may be the best temporary solution.

Sheriff Rick McComas: Department Update.

11:00 AM – Elected Officials Update

Attendance: Sheriff Rick McComas

The Board had a discussion concerning the administrative structure and appointments within the Sheriff’s Department, with Sheriff Rick McComas requesting and receiving Board approval to extend the conditions of Resolution #05110 by approving a stipend extension for the Chief Administrative Deputy to compensate for additional duties during the absence of an Undersheriff and to continue the fourth (4^th) Deputy Sergeant position, effective July 16, 2010 through October 15, 2010 or until the position of Undersheriff is filled.

Following discussion, Sheriff McComas noted that he would work with Personnel Manager Randi Post to prepare the necessary resolution for inclusion on next week’s Consent Agenda for Board consideration.

Sheriff McComas advised the he will be preparing renewal contracts for dispatch services with the cities of Goldendale, Bingen and White Salmon, noting that there will be an increase in cost and the contract will be separated into two (2) contracts, one (1) for Spillman software and one (1) for dispatch services.

Sheriff McComas reported that the labor/management meetings with the union have been very positive.

The Board had a brief discussion concerning the Mabton and Roosevelt radio repeaters, with Sheriff McComas noting that the radio consultant had recommended renewing the contract for these two (2) sites and that he was expecting a 4% annual increase in cost.

Sheriff McComas provided a brief update on the Wahkiacus drug seizure property, noting that an offer has been accepted and the property has sold.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, July 6, 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 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 June 29, 2010 as presented.

Citizen Comment

Approved (M/Sauter, S/Thayer. Passed unanimously): Authorization of Chairman signature to sign off on the Building Department permit review for Klickitat County Fire Protection District No. 7’s Station 11 Fire Hall to be located in the Ponderosa Park vicinity with the condition that FD No. 7 will submit and complete a full Conditional Use Permit (CUP) upon completion of the construction of the building.

Prior to the motion the Board had a discussion concerning the issue that the CUP had been over looked during the planning phase of the proposed fire hall, with FD No. 7 Fire Chief Tony Browning noting that he had met with all of the surrounding neighbors and has received unanimous support for the fire hall with the residents providing written approval which was presented to the Board.

Dallesport area resident Mike Smith requested an update on the progress of the aggregate overlay and the designation of resource lands process which was previously discussed during the June 8, 2010 citizens comment period, with the Board advising that there had been discussion with Planning Director Curt Dreyer and Director Dreyer will be scheduling workshops to update the Board on several issues related to the matter.

The Board had a discussion concerning mosquito issues and a request from an Alderdale area resident for the County to provide mosquito control services, with Public Health Director Kevin Barry advising that the Health Department currently does some mosquito prevention and monitoring, noting that the processes for mosquito control are not always effective and some methods such as Adulticiding are very expensive.

Following discussion, Director Barry suggested that residents in the east end of the County may want to consider partnering with the Benton County Mosquito Control District which has one of the best programs in the world.

Public Meetings/Public Hearings/Bid Openings

Bid Opening: 2010 Glenwood Sand Shed Purchase WP43 – which is purchase of a 40’ X 70’ steel building, delivered, as per specifications

Public Works Director Gordon Kelsey requested and received Board approval to postpone the bid opening for the 2010 Glenwood Sand Shed purchase to next Tuesday, July 13, 2010 at 1:30 PM.

Public Hearing: Consider vacation of a that portion of Woodland Road right of way, County Road No. 34320, lying outside the 60’ easement as acquired from the Washington State Department of Natural Resources, and located in the north half of the northeast quarter of Section 6, Township 4 North, Range 17 East, W.M.

Adopted (M/Sauter, S/Thayer. Passed unanimously) Resolution No. 09710 in the matter of the vacation of a portion of Woodland Road, County Road No. 34320 commencing at the southwest corner of the NE ¼ NE ¼ of Section 6, Township 4 North, Range 17 East, W.M. and more particularly described as in and shown on the Auditor’s File No. 1087248 survey of record dated March 3, 2010.

Prior to adoption of the resolution, the hearing proceeded as follows with Chairman Johnston opening the hearing and advising that the purpose of the hearing is to take public testimony in the matter of vacating a portion of Woodland Road right-of-way, located in Section 6, Township 4 North, Range 17 East W.M. and then requested a staff review.

Public Works Director Gordon Kelsey stated that he recommended this action as this road has been reconstructed and those areas of right-of-way lying outside of the newly constructed alignment are no longer of any use to the county and are best turned back to the adjacent landowner.

Chairman Johnston noted for the record that there was no one present wishing to offer testimony for or against this proposal.

Consent Agenda

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

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1) Intergovernmental Agreement (C18610) Extension to house juvenile detainees between Northern Oregon Corrections (NORCOR) and Klickitat County (Juvenile Department) for the purpose of extending the end date to June 30, 2011. The term and conditions of the previous contract and amendments shall remain in effect.

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2) Contract (C18710) Amendment JABG FFY09 between the State of Washington Department of Social and Health Services, Juvenile Rehabilitation, Division of Operations Support Services and the Klickitat County (Juvenile Department) for the purpose of extending the period of performance effective July 1, 2010 through June 30, 2011 and increasing the maximum contract amount by $11,200.00 for a revised total maximum contract amount of $51,200.00.

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3) Resolution No. 09810 in the matter of not authorizing the Code Compliance Officer to commence proceedings to cause the abatement of a nuisance on Parcel No. 04-12-0954-0014/00 – Ronald A. and Candy L. Yarnell as the nuisance no longer exists.

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4) Project list change for the 2010 Cumulative Reserve Fund #125 approved budget is required in order to reflect approval of Supplemental Budget 2010-01 on June 22, 2010 as follows: Reallocation of funds from EOZ Planning Legal Services to Unallocated Community Development projects ($7,000); Approval of new projects as follows: Goldendale Rural Fire 7/Assist with Construction of satellite station #11 ($50,000); Glenwood School District #401(2009 Carryover) Facility Improvements/Fitness Center ($18,100); MCEDD Micro-Enterprise Fund Grant Match ($50,000); and EOZ Planning/Legal Services ($10,000). Approval of the Supplemental Budget 2010-01 and subsequent project list change results in an overall increase to the approved 2010 Cumulative Reserve Fund #125 Budget of $128,100 for an amended budget of $3,288,549.

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5) Resolution No. 09910 and letter in the matter of amending an appointment to the Klickitat County Water Conservancy Board by accepting Don Smith’s and Craig Stephen’s (as an alternate) resignations and appointing Craig Stephens to the fill the seat vacated by Don Smith’s resignation as a member of the Klickitat County Water Conservancy Board to complete an unexpired six (6) year term, expiring July 31, 2013; And Letter and certificate of appreciation accepting the resignation of Don Smith from the Klickitat County Water Conservancy Board, effective July 7, 2010.

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6) Products and Services Agreement (C18810) between Klickitat County (Technical Services Division) and Embarq Solutions, Inc. (CenturyLink) for the maintenance of the telephone equipment in Goldendale and White Salmon, effective on the date all parties have signed for a period of twelve (12) months.

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7) Resolution No. 10010 and letters in the matter of appointing Bonny Darr of Wishram, Washington and Doug Powell of Trout Lake, Washington to the Klickitat County Substance Abuse Advisory Board to complete unexpired three (3) years terms, effective July 6, 2010, expiring December 31, 2011.

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8) County Program Agreement (No. 1063-94361)(C18910) between Klickitat County (Juvenile Probation) and the Washington State Department of Social and Health Services (DSHS), Juvenile Rehabilitation, Division of Community Programs to provide a continuation of services for the consolidated programs of Consolidated Juvenile Services At-Risk, Special Sex Offender Disposition Alternative, Community Juvenile Accountability Act, and Chemical Dependency Disposition Alternative, effective July 1, 2010 through June 30, 2011.

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9) Subscriber Agreement (C19010) between Klickitat County (Civil Service Commission) and Public Safety Testing, Inc. to provide advertising and recruiting assistance, application processing, and administration of written examinations and/or physical ability test for Entry–level Deputy Sheriff, Lateral/Experienced Deputy Sheriff, Entry-level Corrections Officer, Lateral/Experienced Corrections Officer and Communications Officer/911 Dispatcher positions for an annual fee of $2,000.00, effective July 1, 2010 for a three (3) year subscription.

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10) Contract Amendment (C19110) (DSHS 0963-65375-03) between the Washington State Department of Social and Health Services Community Services Division and Klickitat County (Public Health Department) to increasing the maximum contract amount by $650.00 for a total revised maximum contract amount of $1,300.00 for public health nursing services to perform assessments of special needs children of participants preparing to enter the Work First Program, effective, June 23, 2010 through June 30, 2010.

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11) Contract Amendment (C19210) (DSHS 0963-65375-04) between the Washington State Department of Social and Health Services Community Services Division and Klickitat County (Public Health Department) to increasing the maximum contract amount by $975.00 for a total revised maximum contract amount of $2,275.00 for public health nursing services to perform assessments of special needs children of participants preparing to enter the Work First Program, effective, July 1, 2010 through June 30, 2011.

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12) Amendment No. 1 (C19310) to Coordinated Prevention Grant No. G1000431, Agreement (C03510) between Klickitat County (Solid Waste Department) and the Washington State Department of Ecology for the purpose of changing language in the grant agreement, including additions, deletions, and clarifications. Note: This amendment incorporates the new way of accounting for the grant funds; they previously contracted for funding that had not yet been appropriated by the legislature, this amendment only contracts for the currently appropriated funding. The total maximum eligible cost and state grant share for this agreement remains the same and will provide up to $72,517.00 in matching funds to assist programs that: collect, treat and recycle or properly dispose of residential moderate risk waste from Klickitat County Landfills; and, to promote public outreach programs to raise the publics awareness of services available to dispose of wastes in a manner that protects human health and environment, effective on January 1, 2010 and will expire December 31, 2011.

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13) Amendment No. 24 (C19410) to the 2007-2011 Consolidated Contract (C14953) between the State Department of Health and Klickitat County (Health Department) for the purpose of increasing the allocation by $25,739.00 for a revised maximum consideration of $1,825,376.00 with all other terms and conditions of the original contract and any subsequent amendments remaining in full force and effect.

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14) Resolution No. 10110 in the matter of authorizing the Board of County commissioners Chairman to pursue execution of a final contract for a grant and loan agreement between Klickitat County and the Community Economic Revitalization Board (CERB) to secure funding for the Columbia Gorge Regional Airport Industrial Park Project in the form of a general obligation loan in the amount of $500,000. Interest on the loan shall be computed and repaid at the rate of one point five percent (1.50%) per annum for years one (1) through twenty (20). And a grant in the amount of $500,000.00.

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15) Administrative Offer Summary for the Hale Road Project, CRP 309, to begin the right-of-way acquisition negotiations with the following landowners:

• Karl G. Wilson

Parcel No. 05-21-2400-0002/00

1.62 Acres

• Karl G. Wilson

Parcel No. 05-21-2300-0000/00

4.37 Acres

• Karl G. Wilson

Parcel No. 05-21-2200-0001/00

3.86 Acres

• Harry & Delma Wilson

Parcel No. 05-21-1400-0003/00

5.72 Acres

• Clark Land LLC

Parcel No. 05-21-2200-0002/00

2.32 Acres

• Christine Toomey Trustee

Parcel No. 05-21-1700-0000/00

3.24 Acres

• Christine Toomey Trustee

Parcel No. 05-21-0800-0002/00

5.46 Acres

• Christine Toomey Trustee

Parcel No. 05-21-0700-0001/00

6.30 Acres

• Matsen Land & Livestock

Parcel No. 05-21-0700-0002/00

.045 Acres

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16) Notice of Termination of Road Haul Agreement No. C27309 executed on October 13, 2009 and all amendments between Klickitat County and Northwest Wind Partners LLC and release of the Letter of Credit No. SB 22.975, issued October 5, 2009 in the amount of three hundred thousand dollars ($300,000.00) for the Linden Ranch Wind Project.

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17) Letter confirming variance granted by motion of the County Commissioners on Tuesday, June 29, 2010, granting as requested by the Klickitat County Fire Protection District No. 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.

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18) Contract No. G-10/330 (C19510) between Klickitat County (Auditor’s Office) and the Office of the Secretary of State, Elections Division for the purpose of providing Help America Vote Act (HAVA) funds for the purchase, installation and branding of two remote accessibility ballot boxes. The County shall be reimbursed for the work done under this Agreement in an amount not to exceed $4,650, for expenses from October 1 through June 30 submitted by July 31, 2010 and for expenses from July 1 through September 30 submitted by October 31, 2010. The period of performance of this agreement shall commence on May 15, 2010, regardless of the date of execution, and be completed on or before December 31, 2010.

Miscellaneous Reports/Comments

Pete Stocks, Klickitat District Manager, Department of Natural Resources: Discuss wind farm projects on DNR land.

Attendance: Department of Natural Resources, Klickitat District Manager Pete Stocks, Snake River District Manager Mark Bohnet and County Natural Resources Director Dave McClure.

The Board had a discussion concerning wind farm projects located on Department of Natural Resources (DNR) lands, with Snake River District Manager Mark Bohnet providing a review of DNR’s lease program and process.

Elected Official Report/Update

County Treasurer Dani Burton: Request consideration for a stipend for the Chief Deputy Treasurer in absence of Treasurer

The Board had a discussion concerning County Treasurer Dani Burton’s request for consideration for a stipend for the Chief Deputy Treasurer in her absence due to a scheduled surgery, with the Board and Treasurer Burton agreeing to wait until after the surgery to determine the actual time that was required from the Chief Deputy Treasurer while standing in for the Treasurer in her absence.

Prosecutor’s Update

Prosecuting Attorney Tim O’Neill provided a brief department update, noting that Deputy Prosecuting Attorney Dave Brown had resigned his position due to the Hatch Act applying to his situation.

Unfinished Business

Public Hearing Continuation Closed to Further Public Comment: Board discussion/deliberations to consider public testimony received on reevaluation of the Energy Overlay Zone (“EOZ”) which may address and re-evaluate the EOZ, development regulations and comprehensive plan policies; and (2) 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, August 10, 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 were no members 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 2277 through 3899 and Tape #2010-7, Tape Count 0 through 688.

Chairman Johnston opened the continuation of the public hearing on the EOZ Energy Overlay Zone and called for discussion.

The Board continued their discussion, with Planning Director Curt Dreyer stating that pursuant to the June 29, 2010 discussion, the planning department has consulted with legal counsel regarding common transmission easements and facilities and provided a draft of the revised language to the Board for consideration and review. The general consensus of the Board was supportive of Director Dreyer’s suggested revisions.

Following discussion, Director Dreyer stated that applicants are advised early on in the process to consult with the Yakama Nation concerning cultural issues, noting the Planning Department also provides notices concerning proposed projects to the Yakama Nation to give them an opportunity to comment and express any concerns they may have.

Following further discussion, the Board expressed support for set backs to be no less than 1,600 feet from existing structures for non-participating property owners, noting that the new standard would apply to new projects only.

The Board had a discussion concerning Environmental Impact Statements, with Commissioner Sauter noting that EOZ Environmental Impact Statements are constantly being analyzed and updated with every project that goes through the permitting process.

Following discussion, Director Dreyer advised that the Planning Department would prepare revisions as discussed and a final draft of the ordinance for Board review and consideration.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#202014 - 202188) for a total of $350,986.12 for the date ending July 6, 2010.

There were no Payroll warrants requiring approval.

Adjournment (4:00 PM)

Approved (M/Sauter, S/Thayer. Passed unanimously): There being no further business before the Board, the meeting was adjourned until 1:30 PM on Thursday, July 8, 2010 for schedule workshops and a potential executive session which may involve discussion concerning a personnel issue some of which may qualify for Executive Session in accordance with RCW 42.30.110(1)(g).

Call to Order/Roll Call

Regular Meeting Extension: Workshop Session for Thursday, July 8, 2010

Chairman Rex F. Johnston reconvened the meeting at 1:30 PM. Commissioners present: Ray Thayer, Rex Johnston and David Sauter.

Workshop Session Agenda

1:00/2:00

Cherie Kearney, Land Protection Manager with Columbia Land Trust, and Jay McLaughlin, Mt. Adams Resource Stewards: Discuss farm and ranchland conservation tools, funding and support for private landowners; working (timberland) forest conservation – tools, funding and partnerships that could support keeping timberlands in production and Mt. Adams Resource Stewards community forest model for Glenwood and Trout Lake.

Jay McLaughlin, Mt Adams Resource Stewards and Cherie Kearney, Land Protection Manager with Columbia Land Trust presented information for discussion concerning the history and future outlook for forestland and farm and ranchlands in Klickitat County.

Mr. McLaughlin provided a review of how community forests work and provide benefits to the economy and communities such as the Mill Pond Community Forest Project and the Mt. Adams Community Forest.

Ms. Kearney provided a review of farm and ranchland conservation efforts which also included information on conservation easements, development rights and the Trout Lake Valley Farmland Conservation Project.

The Board had a discussion concerning forest lands, with Mr. McLaughlin noting that current trends reflecting ownership of working private and public forests lands and the rate at which private forests are being harvested should raise concern regarding the long term viability of the timber industry in the County.

Following discussion, Mr. McLaughlin noted that Mt. Adams Resource Stewards have responded to this concern by exploring new models by which forest could be owned and managed in perpetuity. The community forest model is of particular interest, given its success in other parts of the country, and the opportunity for communities to interact on a more meaningful level with their forests while capturing more of the wealth generated from these lands.

2:30/3:15

Executive Session in accordance with RCW 42.30.110(g) for the annual performance evaluation of a public employee.

The Board convened into Executive Session at 2:30 PM in accordance with RCW 42.30.110(1)(g) to conduct an annual personnel evaluation. It was noted that the session would last forty-five (45) minutes.

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

3:15/4:15

Administrative Services Director Glen Chipman: 2011 Budget.

The Board had a discussion concerning the 2011 Budget process, with Administrative Services Director Glen Chipman providing a 2010 revenue update and revised revenue projections for 2011.

Executive Session: Discuss Radio Project Lead.

The Board convened into Executive Session at 4:05 PM with Administrative Services Director Glen Chipman in accordance with RCW 42.30.110(1)(g) to discuss issues specific to the Radio Project Lead position. It was noted that the session would last for fifteen (15) minutes. At 4:20 PM it was announced that the session would be extended for an additional fifteen (15) minutes.

The Board reconvened back to Regular Session at 4:35 PM.

Executive Session: Discuss the performance of a public employee.

The Board convened into Executive Session at 4:35 with Administrative Services Director Glen Chipman 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 twenty (20) minutes.

The Board reconvened back to Regular Session at 4:55 PM.

Adjournment

There being no further business before the Board, the meeting was adjourned at 4:55 PM.

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Reference Document on File