Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, July 13, 2010

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, July 13, 2010

Chairman Pro-Tem Ray Thayer called the meeting to order at 9:30 AM. Commissioners present: Ray Thayer and David M. Sauter. Commissioner Rex F. Johnston was absent due to a previous commitment.

Workshop Session Agenda

East District Court Judge Brian Altman: Discuss judicial judgeship changes and impending appointment and associated and critical timelines.

9:30 AM – Elected Officials Update

Attendance: East District Judge Brian Altman and Administrative Services Director Glen Chipman.

The Board had a discussion concerning judicial judgeship changes, with East District Judge Brian Altman reminding the Board that Superior Court Judge Tom Reynolds will be retiring effective August 1, 2010 and an interim judge will need to be appointed to the non-partisan East District Judge position if he is appointed by the Governor to fill Judge Reynolds position.

Following discussion Judge Altman advised the Board of time lines and possible options to be considered in their decision.

10:00 AM – Public Works Department Update

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

Goldendale area resident Arlen Gregg presented a proposal to re-align the Bickleton Highway near the Woodland Road intersection, noting that the Bickleton Highway needs to be cut down and Woodland raised up to improve vision for traffic turning on to or out from Woodland Road.

Public Works Director Gordon Kelsey provided a review of three (3) bid openings scheduled for the afternoon Agenda and payment approvals for the Board’s consideration.

Director Kelsey updated the Board on 2010 Construction Program projects, road maintenance projects and wind development road projects, noting that Iberdrola Renewables has requested to be allowed to place underground utilities in the County right-of-way on Schrantz Road, which would require a franchise agreement due to Iberdrola being a private company.

Director Kelsey provided a brief review of upcoming fairgrounds events, advising the Board of a request from the Rodeo Bible Camp for a waiver of barn fees in exchange for providing their own shavings, cleaning the stalls and restrooms and taking care of the grooming of the arenas, noting that an agreement would be prepared for next week’s Consent Agenda for Board review and consideration.

Director Kelsey provided a brief follow up on the purchase of property for the Radio Project, noting that the title company has worked through the title report issues and is working toward closing.

The Board had a follow up discussion concerning the problem with concrete blocks dissolving on the fair office building at the fairgrounds, with Director Kelsey reporting that repair work will proceed as previously discussed and the project will be added to the Capital Project list.

Assistant County Engineer Jeff Hunter provided a brief review of a request for the winter closure of Willis Road that was followed by discussion with no action being taken at this time.

The Board had a brief discussion concerning a dead standing pine tree in the Canyon and Silver Ridge Road area that may be in the County right-of-way and need to be removed.

County Auditor Brenda Sorensen: Department Update

11:00 AM – Elected Officials Update

Chief Deputy Auditor Pam Pimley provided a brief update which included the Election, Licensing, Recording and Finance Departments, noting that additional information and justification for the Licensing Administrative Assistant position will be presented next week for the Board’s consideration and review.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, July 13, 2010

Chairman Pro-Tem Ray Thayer reconvened the meeting at 1:00 PM. Commissioners present: Ray Thayer and David Sauter. Commissioner Rex F. Johnston was absent due to a previous commitment.

Agenda

Business Agenda

Approved (M/Sauter, S/Thayer. Passed unanimously): the Business Agenda with one Add-on under New Business: Request from Rural Fire District No. 7 for a waiver of Planning fees and Building permit fees for the construction of fire station (#11) in Ponderosa Park.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

There were no Klickitat County Board of Commissioners Meeting Minutes requiring approval at this time.

Citizen Comment

Husum area resident, Jerry Smith presented a proposal for a “Walk of Honor” to honor veterans who offered their lives in service to their country to be constructed in Klickitat County Cemetery District No. 1 in White Salmon, noting that any resident or former resident of Klickitat County who served and was honorably discharged would be eligibility to be honored on the walk.

Mr. Smith advised that the Klickitat County Cemetery District No. 1 Board of Commissioners has provided space for the project and the American Legion Posts in White Salmon and Goldendale have pledged their support, noting that many materials and services are being donated, however the project needs $10,076.00 in order to be completed and requested Board’s consideration for funding assistance.

Following Mr. Smith’s presentation, the Board advised that they would take the request under advisement.

Public Meetings/Public Hearings/Bid Openings

Bid opening: 2010 Glenwood Sand Shed purchase WP43. x 40’ steel building, delivered, as per specifications

Bids Forwarded (M/Sauter, S/Thayer. Passed unanimously): to the Public Works Department for their review and recommendation of seven (7) bid(s) received for the Glenwood Sand Shed purchase WP43 which is a purchase of a 40’ x 70’ steel building, delivered, as per specifications. Engineer’s estimate: $45,500.00.

· Mountain Glass

Canby, Oregon

$35,500.00

· Olympia Steel

McKees Rock, PA

$31,280.00

· Metallion Industries

Estacada, Oregon

$38,218.00 (Non Responsive)

· DCM Construction

Moses Lake, Washington

$33,863.00

· PHC Construction, LLC

Bainbridge Island, Washington

$33,974.00

· Concord Construction

Wapato, Washington

$29,837.00

· CHG Building Systems

Seattle, Washington

$34,825.00

Bid Opening: Improvement of 0.74 miles of Austin Road Project, CRP 289, 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, 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 Austin Road Project, CRP 289. Engineer Estate: $378,472.00.

· James Dean Construction

Glenwood, Washington

$273,990.50

· Gunkel Construction, LLC

Goldendale, Washington

$271.934.89

· Colf Landscape Construction

Vancouver, Washington

$319,733.50

· Crestline Construction

The Dalles, Oregon

$275,896.00

· Granite NW, Inc.

Watsonville, Californa

$334,334.00

· Thompson Brothers Excavating

Vancouver, Washington

$274,004.80

Bid Opening: Improvement of 1.65 miles of Johnson Road, CRP 284, by widening, minor improvements to horizontal & vertical alignments, installing drainage, surfacing, fencing, guardrail & other work all in accordance with the contract, plans & specifications

Bids Forwarded (M/Sauter, S/Thayer. Passed unanimously): to the Public Works Department for their review and recommendation of Five (5) bids received for the Johnston Road Project, CRP 284. Engineer Estimate: $521,233.00.

· James Dean Construction

Glenwood, Washington

$519,344.90

· Colf Landscape Construction

Vancouver, Washington

$786,561.90

· Crestline Construction

The Dalles, Oregon

$643,302.30

· Granite NW, Inc.

Watsonville, California

$739,523.60

· Thompson Brothers Excavating

Vancouver, Washington

$708,258.00

New Business

Request from Fire District #7 for a waiver of Planning fees and Building permit fees for the construction of a fire station in Ponderosa Park.

Approved (M/Sauter, S/Thayer. Passed unanimously): Request from Fire District No. 7 for a waiver of the Planning Department’s conditional use permit application fee of $325.00 and a waiver of the Building Department permit fee of $1,082.30 for the construction of a fire station (No. 11) in Ponderosa Park.

Miscellaneous Reports

Matt Henry, General Manager and Gary Sorensen, Division Manager, Allied Waste-Roosevelt Regional Landfill: Introduction of Division Manager and brief general update

Attendance: Allied Waste/Roosevelt Regional Landfill General Manager Matt Henry and Division Manager Gary Sorensen, Solid Waste Task Force Member Jim Beeks, and Public Health Director/Interim Solid Waste Director Kevin Barry.

Roosevelt Regional Landfill General Manager Matt Henry introduced Gary Sorensen, the new Roosevelt Regional Landfill Division Manger who will be taking over the daily operation of the landfill.

Mr. Sorensen provided a brief review of his experience and career history in the Solid Waste industry which was followed by further discussion concerning Hawaiian waste issues.

Consent Agenda

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

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1) Request received from Rural Fire District No. 3 (Husum) for a waiver of the $150.00 SEPA application fee for installation and placement of a 30,000 water storage tank in the Snowden Road area.

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2) Resolution No. 10210 and Letter in the matter of appointing J.P. Enderby of Goldendale, Washington to serve an additional six year term as a member of the Klickitat County Water Conservancy Board, effective August 1, 2010 and expires July 31, 2016.

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3) Request for approval of the April 27, 2009 meeting minutes for the joint board of county commissioners of Klickitat, Benton and Yakima county’s public hearing and joint session to approve the WRIA 31 Watershed Management Plan.

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4) Contract renewal Agreement (C19610) between Klickitat County (Senior Services) and The Mid-Columbia Directory to provide directory advertising in the 2010 Little Red Book telephone directory in the amount of $1,428.00 (annual) for Mt. Adams Transportation and Senior Services.

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5) Amendment A (C19710) to Contract (C14610) No. E10-279 between the Washington State Military Department and Klickitat County (Emergency Management) to increase U.S. Department of Homeland Security Emergency Management Performance Grant funds by $273 for a revised total contract amount of $4,038 to support day-to-day emergency management operations, with all other terms and conditions of the original contract remaining unchanged.

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6) Amendment A (C19810) to Contract Agreement (C30609) No. E10-159 between the Washington State Military Department and Klickitat County (Emergency Management) for the purpose of extending the contract expiration date from July 15, 2010 to August 31, 2010. This Agreement provides U.S. Department of Homeland Security Emergency Management Performance Grant funds in the amount of $26,407.00 to support and enhance the emergency management operating budget in an effort to enhance the emergency management program. All other terms and conditions of the original contract remain unchanged.

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7) Resolution No. 10310 in the matter of extending the conditions of Resolution #05110 by approving a stipend extension for the Jolene Kallio, Chief Administrative Deputy in the amount of two hundred sixty two dollars and fifty cents ($262.50) per pay period to compensate for additional duties during the absence of an Undersheriff and by the continuation of the fourth (4^th) Deputy Sergeant position, effective July 16, 2010 through October 15, 2010 or until the position of Undersheriff is filled.

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8) Amendment No. 1 (C19910) to Task Order No. 14 Watershed Plan Implementation Service Agreement between Klickitat County (Natural Resources Department) and Aspect Consulting Agreement No. C09307 for the purpose of extending the end date from June 30, 2010 to August 31, 2010 and increasing the total not to exceed budget by one thousand dollars ($1,000) for a revised total not to exceed budget of three thousand five hundred dollars ($3,500).

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9) Task Order No. 15 Watershed Plan Implementation Service Agreement (C20010) between Klickitat County (Natural Resources Department) and Aspect Consulting Agreement No. C09307 for the purpose of conducting a thermal refuge assessment in the Little Klickitat County River Basin in accordance with the quality assurance project plan developed under Task Order #14. The state date for this task is July 1, 2010 with an ending date of June 30, 2011 and the total not to exceed budget for this task is fifty thousand dollars ($50,000).

10) Scheduling a public meeting to be held on Tuesday, July 20, 2010 at 1:30 PM to consider approval of alteration of Lot 4, SP79-82, Short Plat No. SPL2009-09; Applicants: The Herbrand Company.

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11) Personnel Authorization to advertise to fill the Personnel Analyst Position within the Personnel Division at Grant 38, Step 1. This position will become vacant August 16, 2010 and is key to providing computer expertise and analyst skills; And Personnel Authorization to advertise to fill the Clerical Administrative Assistant II position within the Personnel Division at Grade 35, Step 1.

Elected Official Report/Update

Prosecutor’s Update

Attendance: Prosecuting Attorney Tim O'Neill, Administrative Services Director Glen Chipman, Klickitat County Fire District No. 3 representatives, Fire Chief Chuck Virts, Secretary Mollie Kroll, and Jerry Nelson, Assistant Chief of Training, and Husum area residents Jerry Smith and Ken Burrill.

Prosecuting Attorney Tim O’Neill presented a memo concerning justification for the replacement of Deputy Prosecutor Dave Brown’s position, who recently resigned because he is running for the office of Prosecuting Attorney and felt that the Hatch Act required him to leave the Prosecutor’s office at this time.

The Board noted that they would review the matter.

The Board had a discussion concerning the petition for withdrawal of certain territory from within the boundaries of Rural Fire Protection District No. 3, with Prosecuting Attorney Tim O'Neill noting that the conclusions from Special Legal Counsel, the Municipal Research Center and himself all agree that the petition did not comply with the statutory requirements and the process for withdrawal of territory from a fire district.

Following discussion, Prosecutor O’Neill recommended that Fire District No. 3 consider starting the process over. Commissioner Sauter advised that this type of situation should go to the voters to decide, adding that the process needs to comply with the law and be done correctly before further action can be taken by the County.

Husum area resident Jerry Smith, noted that he attends the Fire District No. 3 Commissioner meetings and the petition process was flawed, there was a two (2) year lapse of time and when the initial petition was presented there wasn’t a map included.

Fire District No. 3 Fire Chief Chuck Virts, noted that FD No. 3 would like to sit down with the people who want to withdraw and work out the issues without having to go to court, adding that he cares about delivering the maximum service with the tax dollars they have to spend and does not care about boundaries.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#202331 - 202389) for a net of $346,604.14.

Combined Payroll: (#117076 – 117363, County Benefit Warrants #202254 - 202266, County Benefit Electronic Transfer #515) $553,761.77.

For a combined total of $900,365.91 for the date ending July 12. 2010.

Road Department Payments

Approved (M/Sauter, S/Thayer. Passed unanimously): Pay estimate to payment No. 1 and final payment to Divco Inc. in the amount of $11,220.93 for the Jail Compressor Replacement Project, Code C12910.

Consolidated Public Hearings

Public Hearing: Review and receive comments on an appeal filed by Jay Letto, Dawn Stover and Dan Lichtenwald, to SEPA Threshold Determination SEP2009-44 and an underlying Short Plat, SPL2009-25 to divide 80.75 acres into 4 lots. The proposed short plat is located within a portion of Section 5, Township 3 North, Range 12 East, W.M., Klickitat County, WA (off Lyle-Snowden Road and McGowan Road, Appleton vicinity); Applicant: Pine Ridge, LLC.

Continued (M/Sauter, S/Thayer. Passed Unanimously) Consolidated public hearing, closed to further public testimony, with allowance for submittal of further written testimony per a schedule set forth by staff continued to Tuesday, September 7, at 3:00 PM. It was noted that the continuation would be for further discussion and possible decision by the Board with no further public testimony written or oral received except for clarification and responses from the Applicant and Appellant concerning the new materials presented today.

Staff Present: Planning Director Curt Dreyer and Associate Planner Crista Schroder.

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 #2010-7A, Tape Count 0 through 3906 and Tape #2010-7B, Tape Count 0 through 1986.

Chairman Pro-Tem Ray Thayer opened the consolidated public hearing to consider the appeals of the Responsible Official’s Issuance of a Mitigated Determination of Non-significance, SEP2009-44 and an appeal to Preliminary Short Plat Approval, Short Plat SPL2009-25; Appellant: Dawn Stover, Jay Letto and Daniel Lichtenwald; Applicant: Pine Ridge, LLC (Represented by Brad Hagseth) and requested a staff review.

Associate Planner Crista Schroder provided a staff review advising that the applicant submitted a Short Plat Application and SEPA checklist proposal to divide approximately 81 acres into 4 lots, noting that the property is accessed from the Lyle-Snowden Road, then onto Remington Road.

The Findings of Fact and Preliminary Plat Approval were issued by the Short Plat Administrator on March 19, 2010 with conditions to be addressed prior to final plat approval which included compliance with the mitigated measures/conditions of SEP2009-44 as well as standard requirements of the Klickitat County Short Plat Ordinance No. 122082 such as survey requirements, payment of current year taxes in full and notes required on plats.

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Appellant Testimony: Appellant Dawn Stover from White Salmon presented a single copy of new information for the Board’s consideration, with Planning Director Curt Dreyer advising that all parities need copies of the new information and time to review it and respond.

The Applicant’s legal counsel, Mr. Mike Murphy suggested leaving the record open for response to the new information that Ms. Stover would be presenting after everyone has received a copy.

Commissioner Thayer advised that if everyone is willing the hearing would proceed with oral testimony. Both the Appellants and Applicants were in agreement to leave the record open for written comments based on new information submitted today and the hearing moved forward.

Appellant Dawn Stover presented her testimony in opposition to the Short Plat Application and SEPA checklist submitted by the Applicant, noting that the proposed short plat is part of a much larger planned development and that all will share one (1) water allotment, adding that the Appellants are prepared to go to Superior Court if needed.

Ms. Stover stated that the Applicant is using the short plat to develop a long plat without following the rules or concern for proper utilities, water, water permits, emergency access, a forestry plan or Western Gray Squirrel issues.

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Proponent/Applicant Testimony: Mike Murphy, legal counsel for the Applicant presented testimony addressing the legal issues raised by the Appellants and provided documents as evidence to support his testimony.

Applicant witness, Dan Miller from Gig Harbor, Washington and who is employed by The Herbrand Company testified that the property was original part of a much larger acreage purchased by The Herbrand Company and then sold to Pine Ridge LLC in June 2009, noting that when The Herbrand Company purchased the larger tract of land the property had a forest practice application in place which was transferred at closing.

Applicant witness, Brad Hagseth from Chehalis, Washington testified that he and Zach Herbrand are friends and formed Pine Ridge, LLC in May of 2009 and purchased the 80 acres in June 2009 each contributing $7,500 towards the down payment on the property which was purchased as an investment with the intent to develop and sell. Pine Ridge LLC submitted a forest management plan to the County at the time of purchase.

Mr. Murphy noted that the sale of the property to Pine Ridge LLC, which is a separate entity from The Herbrand Company, was an arms length sale and the Appellant has mischaracterized the facts and misrepresented the information.

Mr. Murphy stated that the whole process has been very transparent and the documents are clear and requested that the SEPA appeal be denied and the short plat approved.

Appellant rebuttal: Ms. Stover offered her rebuttal, noting that there is evidence of a joint development agreement; notice of conversion activities, joint surveys, joint permitting and engineering work. Ms. Stover stated that this is part of a single larger project and this is a pattern.

Prior to the Board motion, Planning Director Dreyer suggested continuing the hearing closed to further oral and written testimony, allowing for written clarification and responses from the Applicants and Appellants to the new information presented at today’s proceedings with a deadline of July 28, 2010 for response and a deadline of August 10, 2010 for any rebuttal comments. Both the Appellants and Applicants agreed.

Board Pending

Approved (M/Sauter, S/Thayer. Passed unanimously): the authorization of the Chairman Pro-Tem’s signature on the letter to Klickitat County Fire District No. 3 concerning the petition for withdrawal of territory and following its considerations and upon advisement of legal counsel the Board has determined that the petition(s) do not comply with the statutory requirements and the process will not move forward.

Approved (M/Sauter, S/Thayer. Passed unanimously): the authorization of the Chairman Pro-Tem’s signature on the letter of support to the Port of Klickitat which commits $50,000.00 of .09 Distressed Sales Tax funds for the proposed Bingen Point South Lakeview Street Improvement Project.

Adjournment

Approved (M/Sauter, S/Thayer. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 5:10 PM.

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Reference Document on File