Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, September 7, 2010

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, September 7, 2010

Chairman Rex F. Johnston called the meeting to order at 10:00 AM. Commissioners present: David M. Sauter and Rex Johnston. Commissioner Ray Thayer was absent due to a previous commitment.

Workshop Session Agenda

10:00 AM – Public Works Department Update

Attendance: Public Works Director Gordon Kelsey, Assistant County Engineer Jeff Hunter and Goldendale area residents Peter and Prudence Hammett.

Public Works Director Gordon Kelsey presented a department update, providing an overview of Consent Agenda items, a pay estimate for the Fair Office Emergency Repair and updates on the 2010 Construction Program projects, road maintenance projects and wind development companies road project activities.

The Board had a discussion regarding the County’s plan to re-align Saxton Bane Road, with Peter and Prudence Hammett expressing their concerns about the potential negative impacts that would occur if the road were straightened and paved. Mr. Hammett noted that they are the only residents that use this portion of the road and would prefer it not be improved, adding that they do not want to loose any of the old growth oak and pine trees that line the road.

Following discussion, Director Kelsey advised that he would work with the Hammetts regarding their concerns and would investigate whether the road is still being used as a school bus route.

Director Kelsey provided a brief review of upcoming facilities events and requested and received Board support to add-on a fee waiver request for the rental of the fairgrounds grandstand and main arena for a memorial service to the Board’s afternoon Agenda.

Sheriff Rick McComas: Department Update

11:00 AM – Elected Officials Report

Attendance: Sheriff Rick McComas and Administrative Services Director Glen Chipman.

Sheriff Rick McComas reminded the Board about his recent Undersheriff and Chief Criminal Deputy appointments, noting that details are still being worked out with Personnel Manager Randi Post.

Sheriff McComas reported that the new patrol vehicles are starting to arrive and he expects to see a reduction in maintenance costs after the first year by switching to the Crown Victoria sedans over the Ford Explorers.

The Board had a discussion concerning continued thefts and vandalism of the Sheriff’s impound yard and the Sheriff’s Department lack of adequate storage space, with Sheriff McComas offering two (2) possible solutions to the problems.

Sheriff McComas informed the Board about a 4,000 square foot building with a fenced yard that is available to rent that would meet the department’s needs for security and storage as well as other department uses. He also offered the possibility of placing a modular building near the current impound yard for additional storage space as well as a place for Deputies to meet.

Following further discussion, the general consensus of the Board was supportive of Sheriff McComas and Administrative Services Director Glen Chipman to explore the options as discussed.

The Board had a brief discussion concerning the cost to equip auxiliary buildings to be courthouse computer ready, with Director Chipman advising that the cost for cabling would be approximately $40,000 in addition to the work than has already been completed on the Brooks Street building.

The Board had a discussion concerning the County imposing a county enhanced 911 excise tax pursuant to RCW 82.14B.030, with Director Chipman advising that the process will require a public hearing and the adoption of an ordinance, noting that the deadline is fast approaching.

Following discussion, Executive Secretary Cris McEwen suggested that Sheriff McComas work through the Prosecutor’s Office to develop the ordinance and to call to schedule a public hearing.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, September 7, 2010

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

Agenda

Business Agenda

Approved (M/Sauter, S/Johnston. Passed unanimously) the Business Agenda with one (1) Add-on under New Business: Consider Fairgrounds Licensing Agreement and request for a fee waiver for the rental of fairgrounds grandstands and main arena for a memorial service for Ron Whitmire.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

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Approved (M/Sauter, S/Johnston. Passed unanimously) the Klickitat County Board of Commissioners Meeting Minutes for August 31, 2010 as presented.

Citizen Comment

No one was present to offer citizen comment.

Consent Agenda

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

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1) Affordable Housing Funding Assistance Agreement (C24910) between Mid-Columbia Habitat for Humanity, Inc. and Klickitat County to provide $25,000 in funding support toward the construction of low-income housing projects in Klickitat County.

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2) Contract Amendment (C25010) between Education Service District No. 112 and Klickitat County (Public Health Department) for the purpose of extending the term of the contract to June 30, 2011 per the decision of the Substance Abuse Advisory Board and the Community Mobilization Against Substance Abuse. The total contract funding amount of $14,500 is provided by a grant from the Community Mobilization Against Substance Abuse, Washington State Department of Commerce and the Washington State Department of Behavioral Health Services Substance Abuse Prevention Programs and are as follows: Second Steps, Wishram School - $4,000; Girl’s Circle, Columbia High School - $9,000; and Challenge Day, Henkle Middle School – $1,500.

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3) Amendment No. 25 (C25110) to the 2007-2011 Consolidated Contract (C14953) between the State Department of Health and Klickitat County (Health Department) for the purpose of increasing the funding allocation by $19,011 for a revised maximum consideration of $1,844,387 and Adding “Statements of Work’ for the HCCW Child Care Health Consultation Program, effective July 1, 2010 and Amending “Statements of Work” for the ARRA Immunization Reaching More Children Project, effective March 1, 2010, Maternal & Child Health and Oral Health Programs, effective January 1, 2009 and WIC Nutrition Program, effective January 1, 2007 with all other terms and conditions of the original contract and any subsequent amendments remaining in full force and effect.

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4) Resolution No. 12110 in the matter of temporary closure of Dot Road, County Road No. 38000, between Mile Post 0.00 and Mile Post 4.50 from 4:00 P.M. September 3, 2010 to 6:00 A.M. September 10, 2010, for the purpose of completing the Chip Seal Project.

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5) Settlement Agreements for the acquisition of required right-of-way for the purpose of reconstruction of a portion of Hale Road, County Road No. 46180 between Klickitat County (Public Works Department) and the following individuals:

· (C25210) Harry Wilson

0.71 Acres

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

· (C25310) Karl Wilson

3.86 Acres

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

· (C25410) Karl Wilson

1.62 Acres

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

· (C25510) Karl Wilson

4.37 Acres

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

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6) Renewal of alternative work schedule for the Public Works Finance Manager position within the Public Works Department allowing a flexible work schedule to work for – 10 hour days per week, Monday through Thursday, 7:30 AM to 6:30 PM.

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7) Resolution No. 12210 in the matter of authorizing and directing the Klickitat County Public Works Department to reduce the equipment rental rates for the equipment rental and revolving fund by reducing the annual rate for the Snow Blower and Snow Plows 33%, reflecting lighter than anticipated snow levels in January / February 2010, and the Chip Spreader hourly rate by 13%, effective February 1, 2010, with all other equipment being reduced by 10% effective September 1, 2010.

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8) Amendment No. 2 (C25610) to Task Order No. 6 for the Water Resource Inventory Area 31 Watershed Plan Implementation Service Agreement (C05309) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of increasing the not to exceed budget from fifty four thousand dollars ($54,000) to one hundred and four thousand dollars ($104,000) and extending the end date of the task from June 30, 2010 to June 30, 2011 in order to complete additional assessment work needed to support the development of the water quality plan for Rock Creek & other streams in WRIA 31.

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9) Task Order No. 16 (C25710) Watershed Plan Implementation Service Agreement between Klickitat County (Natural Resources Department) and Aspect Consulting, Agreement No. C09307 for the purpose of developing a quality assurance project plan and conduct an in-stream habitat assessment in the Little Klickitat River Basin. The start

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.

Executive Session: Pending and Potential Litigation

The Board convened into Executive Session at 1:40 PM with Prosecuting Attorney Tim O'Neill in accordance with RCW 42.30.110(1)(i) to discuss potential and pending litigation. It was noted that the executive session would last for five (5) minutes.

The Board reconvened back to Regular Session at 1:45 PM.

Department Report/Update

Public Health Director Kevin Barry: Department update

Public Health Director/Interim Solid Waste Director Kevin Barry noted he had no items for discussion in open session.

Executive Session – Personnel Performance of a Public Employee

The Board convened into Executive Session at 2:00 PM with Public Health Director/Interim Solid Waste Director Kevin Barry in accordance with RCW 42.30.110(l)(g) to discuss the performance of a public employee. It was noted that the executive session would last for fifteen (15) minutes.

The Board reconvened back to Regular Session at 2:15 PM.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#204035 - 204144) for a total of $146,481.68 for the date ending September 7, 2010.

There were no Payroll warrants requiring approval.

Road Department Payments

Approved (M/Sauter, S/Johnston. Passed unanimously): Pay estimate to payment No. 1 and final payment to Lupin Construction, in the amount of $13,710.98, which includes $640.70 retainage for a net of $13,070.28 for the Fair Office Emergency Repair, Project Code C20910.

New Business

Interim appointment of Rick Hanson to the non-partisan position of East District Court Judge and oath of office administered by Superior Court Judge Brian Altman.

Approved (M/Sauter, S/Johnston. Passed unanimously): the Interim appointment of Rick Hanson to the vacant non-partisan position of East District Court Judge which resulted from the Governor’s appointment of Judge Brian Altman to the position of Superior Court Judge. Certification of the Primary Election which occurred on September 1^st confirmed that out of three candidates Rick Hanson received over 50% and 1 vote and pursuant to RCW 29A.36.171 relative to judicial races he will proceed to the General Election as the only candidate on the ballot for the non-partisan position of East District Court Judge. Interim appointment will terminate following certification of the General Election in November at which point Rick Hanson will be seated for a four (4) year term.

Following the motion, Superior Court Judge Brian Altman administered the oak of office and Rick Hanson was sworn into office before a packed room of friends, family and well wishers.

Request to consider fairgrounds fee waiver for memorial service

Approved (M/Sauter, S/Johnston. Passed unanimously): Fairgrounds Licensing Agreement (C25810) and request for fee waiver of $650.00 for the rental of the fairgrounds exhibit building, grandstands and main arena for the Ron Whitmire memorial service to be held September 11, 2010.

Approved (M/Sauter, S/Johnston. Passed unanimously): Amendment to previous motion, correcting the fee amount, granting a request for a fee waiver of $500.00 for the rental of the fairgrounds grandstands and main arena.

Unfinished Business

Consolidated Public Hearing Continuation/Closed to Further Public Comment: Board discussion/deliberations to consider an appeal filed by Jay Letto, Dawn Stover and Dan Lichtenwald, to SEPA Threshold Determination SEP2009044 and an underlying Short Plat, SPL2009025 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/Johnston. Passed Unanimously): Consolidated public hearing, closed to further public testimony, continued to Tuesday, September 21, 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.

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

Below is a brief synopsis of the public hearing, noting an audio record of the complete hearing is on file as part of the official record and available on Tape #2010-7B, Tape Count 1986 through 2379.

Chairman Rex Johnston 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 an overview from staff.

Planning Director Curt Dreyer provided a staff overview advising that this is the Board deliberation/discussion phase of the hearing. The Board may ask for clarification from any party, but will not accept new testimony.

Director Dreyer advised that on July 13, 2010 Commissioner Johnston was not present for the hearing and today, Commissioner Thayer is absent, noting that he has concerns and recommended continuing the hearing until all Commissioners can be present, which was followed by Board discussion.

Commissioner Sauter apologized for the inconveniences created for the appellants and applicants and their representatives, with both Planning Director Dreyer and Commissioner Johnston also apologizing.

Mike Murphy, legal counsel for the Applicant inquired if the Board would consider proceeding with the hearing with the Commissioners reviewing the tapes of the hearings prior to making their final decision.

Commissioner Sauter noted that he had considered that option, but felt that in fairness to all continuing the hearing until all Commissioners could be present would be advisable.

Adjournment

Approved (M/Sauter, S/Johnston. Passed Unanimously): There being no further business before the Board, the meeting was adjourned at 3:30 PM.

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Reference Document on File