Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, May 10, 2011

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, May 10, 2011

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 and Assistant County Engineer Jeff Hunter provided a review of items on the Board’s afternoon agenda which included a public hearing to consider a request for a non exclusive franchise agreement and Consent Agenda items.

The Board held a discussion concerning 2011 Construction Program projects, road maintenance projects, wind development road projects and facility repair and upgrade projects.

Director Kelsey reported that the US Forest Service has requested use of the Trout Lake Park for their Annual Fishing Derby in June. As in past years they will be requesting a waiver of the deposit and rental fees in exchange for cleaning the park prior to the park opening for the season. Director Kelsey noted that he would prepare the wavier request for inclusion on the Consent Agenda.

Director Kelsey advised that several school districts have contacted Public Works to coordinate the installation of flashing beacons signs to reduce speed limits around schools during certain hours. The school districts received grants to purchase the flashing beacons which once installed become part of the road and the County’s responsibility. Director Kelsey noted that he would like to apply for the same grant to install the flashing beacons for the Bickleton and Centerville Schools.

The Board discussed a request for the vacation of a portion of an old County right-of-way on White Salmon River Road. The Property owners are re-aligning lot lines and the Planning Department has advised that the portion of the road will need to be vacated in order for them to move forward. Director Kelsey noted that the majority of the County right-of-way was vacated years ago and the road only exists on paper.

Following discussion, Director Kelsey advised that the request is appropriate and recommended moving forward to vacate. The Board agreed.

The Board had a brief discussion concerning a FERC (Federal Energy Regulatory Commission) order for Pacific Corp to conduct a geotechnical study relating to removal of Condit Dam.

Director Kelsey requested and received Board support to prepare an MOU (Memorandum of Understanding) outlining the details for the Columbia Cascade Housing Authority to use an office in the Pioneer Center one day a week for a Resource Center.

The Board held a brief discussion regarding an emergency plan should a disaster take place which damages county roads and communication lines within the county. Director Kelsey noted that he would prepare a proposal with associated costs for the Board to review and discuss further.

Commissioner Thayer presented Public Works Director Gordon Kelsey and Assistant County Engineer Jeff Hunter with a “Certificate of Good Practice” approved by the County Road Administration Board (CRAB) and thanked them for a job well done.

Personnel Manager Randi Post: Department projects update and review of pending personnel issues and bargaining unit negotiations some of which may qualify for Executive Session in accordance with RCW 42.30.110(l)(f) & (g) and RCW 42.30.140(4)(a).

10:45 AM – Personnel Department Update

Attendance: Personnel Manager Randi Post, (temporary) Supervisor Assessor Karen Reisenauer and Administrative Services Director Glen Chipman.

Due to a scheduling conflict County Assessor Darlene Johnson was not able to attend the meeting and requested that Personnel Manager Randi Post present information summarizing the qualifications of the applicants for the vacant positions of Supervisor Assessor, Senior Property Appraiser and Senior Property Record Specialist. Assessor Johnson also requested that the Board discuss her concern of a lack of qualified applicants due to the pay scale starting at Step 1 and possible options available to her.

Following discussion, Personnel Manager Post recommended that Assessor Johnson schedule time on the Board’s agenda to bring forward her proposals, revised organizational chart, budget figures and impacts on the budget keeping within the 5% wage reduction as indicated in the 2011 Budget. The Board expressed their support for Manager Post’s recommendation and also requested to know what salary range qualified applicants would be willing to except.

Personnel Manager Randi Post presented a brief department report, noting that the Benefit Committee reviewed the savings and costs if the county moved from 75% to 70% of employer contribution for dependent medical insurance coverage. The Benefit Committee did not have any concerns.

Executive Session: Discuss a personnel issue and negotiations.

The Board convened into Executive Session at 11:48 AM with Personnel Manager Randi Post and Administrative Services Director Glen Chipman in accordance with RCW 42.110(1)(f) and (g) and RCW 42.30.140(4)(a) to discuss personnel issues and union negotiations. It was noted that the session would last five (5) minutes.

The Board reconvened back to Regular Session at 11:58 AM.

Lunch Recess

The Board recessed for lunch at 12:00 Noon.

Call to Order/Roll Call

Regular Meeting for Tuesday, May 10, 2011

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, with Johnston abstaining due to being absent during the meeting): the Klickitat County Board of Commissioners Meeting Minutes for May 3, 2011 as presented.

Citizen Comment

Health Director Kevin Barry noted that, as previously discussed, he did lay off a clerical position last week and canceled interviews for a nurse position, adding that a sanitarian position may be laid off at the end of the year. Director Barry stated that due to economic conditions and State budget cuts the Health Department is close to a $100,000 shortfall which needs to be filled.

Public Meetings/Public Hearings/Bid Openings

Public Hearing: Consider granting a non exclusive Franchise Agreement between Klickitat County (Public Works Department) and Windy Flats Phase III LLC for the construction, maintenance and operations of transmission lines for transmitting electric power, together with wires and other appurtenances, upon, under, along and across Rattlesnake Road.

Granted (M/Sauter, S/Thayer. Passed unanimously): a non-exclusive, county right-of-way franchise Agreement (C107011) between Klickitat County and Windy Flats Phase III LLC for the purpose of the construction, maintenance and operations of underground transmission lines for transmitting electric power, together with wires and other appurtenances, upon, under, along and across Rattlesnake Road from Mile Post 1.02 to Mile Post 1.55 (Intersection with Cameron Road East).

Chairman Johnston opened the public hearing to take public testimony for or against granting a franchise to Windy Flats Phase III LLC along Rattlesnake Road for the construction, maintenance and operations of transmission lines for transmitting electric power and requested a staff review.

Public Works Director Gordon Kelsey provided a staff review, noting that no comments were received from the public regarding the proposal.

Director Kelsey stated that no portion of the system will be above ground and the Public Works Department has no concerns.

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

Unfinished Business

Findings of Fact, Conclusions and Decision in support of Board action on Tuesday, April 19, 2011 finding in favor of the appeal by approving an application to rezone 130.24 acres from Extensive Agriculture to Extensive Agriculture with a Cluster Overlay thereby reversing the Planning Commission’s recommendation of denial AND to approve an Ordinance amending the zoning map as described in the Application, ZON2010-02; Applicant/Appellant: Lon Ball and Robert Schmid.

Approved (M/Sauter, S/Thayer. Passed, with Thayer abstaining due to being absent during the hearing): Ordinance No. OØ51Ø11 In the matter of Application, ZON2010-02 to amend the Klickitat County Zoning map rezoning Parcel No. 06-10-2400-0004/00 (130.24 acres) that is currently Extensive Agriculture to Extensive Agriculture with a Cluster Overlay. The proposed rezone would allow the applicants to file a short plat creating an 83 acre lot which would be retained by Mr. Schmid and a 47 acre lot which would be transferred to Mr. Ball. Subsequently, through the long plat process, 4 lots averaging 2 acres would be created from the 47 acre parcel for a total of 6 lots, utilizing the development rights for the original 130 acre parcel. Future lot development is bound by the project description and site plan submitted as part of this Cluster Overlay proposal And accepting the findings of fact and conclusions in support of Board action on Tuesday, April 19, 2011 finding in favor of the appeal by approving an application to rezone; Applicant: Lon Ball and Robert Schmid.

Consent Agenda

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

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1) Task Order No. 18 (C09511) to Water Resource Inventory Area 30 Watershed Plan Implementation Service Agreement (C09307) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of providing technical support for developing the Straight to Implementation Program (STI) Plan. The total not to exceed budget for this task is twenty thousand ($20,000), effective May 10, 2011 and ending June 30, 2012.

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2) Modification No. 1 (C09611) to Cooperative Installation and Maintenance Agreement No. 68-0436-8-082 between Klickitat County (Natural Resources Department) and the United States Department of Agriculture, Natural Resources Conservation Service for the purpose of correcting the authorities cited and to remove any reference to renewing this agreement beyond five years. Any agreement beyond December 31, 2013 will be a NEW Agreement. This is a no cost modification and all other items in the agreement remain the same.

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3) Special Counsel Contract (C09711) between Klickitat County (Prosecutor’s Office) and Menke Jackson Beyer Ehlis & Harper, LLP for the purpose of performing and rendering legal assistance and advice relative to the matter entitled Klein Vs. Klickitat County and any other matters/proceedings related to said lawsuit as directed by the Klickitat County Prosecuting Attorney. Compensation shall be One Hundred Seventy-Five Dollars ($175.00) per hour for attorney services, One Hundred Fifty Dollars ($150.00) per hour for associate services, Ninety Dollars ($90.00) per hour for Rule 9 legal intern services and Fifty Dollars ($50.00) per hour for legal assistants. Services are inclusive of members of Menke Jackson Beyer Ehlis & Harper, LLP and their support staff, and are based on a one-quarter hour minimum.

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4) Resolution No. 05511 in the matter of reinstating surplus inventory from the Sheriff’s Office, one (1) 2005 Ford Explorer VIN #FMZU72K85ZA66944, License #15708C to be returned to active status and assigned to the Prosecuting Attorney’s Office.

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5) Memorandum granting a waiver of the building permit, plan review, and plumbing fees associated with the Radio System Fund 306 Capital Improvement Project/Bickleton Radio system site building and tower project in an estimated amount of $1,735.33. The waiver does not include waiver of the State Code Fee.

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6) Contract (C09811) No. E11-260 between the Washington State Military Department and Klickitat County (Emergency Management) for the purpose of providing U.S. Department of Homeland Security Emergency Management Performance Grant funds in the amount of $3,482.57 to support and enhance day-to-day emergency management operations to local jurisdictions and tribes with emergency management programs, effective October 1, 2009 and ending August 15, 2011.

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7) Purchase Authorization allowing the Natural Resources Department to purchase one (1) Dell Latitude E5620 Laptop Computer and Epson VS400 Projector through the Administrative Services Department, Technical Services Division at a total cost of approximately $1,561.53 and $1,187.58 respectively, which includes applicable tax.

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8) Agreement (C09911) on General Terms and Conditions between the Washington State Department of Social and Health Services (DSHS) and Klickitat County (Public Health Department) which governs work to be performed under any Program Agreement between the parties. These General Terms and Conditions supersede and replace any previously executed General Terms and Conditions as of the start date, July 1, 2011 and shall end June 30, 2017.

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9) Small Works Contract (C10011) between Klickitat County (Public Works) and Able Clean Up Technologies, Inc. for the Goldendale Shop Asphalt Tank Removal and Cleanup Project, ER28, as bid in the amount of $21,072.58.

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10) Contract Agreement (C10111) and Contract Bond between Klickitat County (Public Works Department) and Crestline Construction Company, LLC for the Woodland Road, Project, CRP308, for the total bid price of $195,193.00.

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11) Contract Agreement (C10211) and Contract Bond between Klickitat County (Public Works Department) and Road Runner Striping Company for the 2011 Annual Striping Program, RN 642-11, for the total bid price of $313,250.00.

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12) Contract Agreement (C10311) and Contract Bond between Klickitat County (Public Works Department) and DCM Construction, Inc. for the Replace Blinds Courthouse Project, N10004, Federal Contract F10-52110-034, for the total bid price of $13,761.08.

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13) Resolution No. 05611 to improve 0.25 miles of the Centerville Highway-Lyle Path, Phase II from M.P. 0.00 to M.P. 0.25, County Road Project No. 313, Road Program No. 2011-11, by reconstruction, installation of sidewalks, retaining walls, lighting, Stormwater system, surfacing, HMA and other work. (County Funds: P.E. $8,000, Contract $100,000: Federal Funds: P.E. $50,000, R/W $30,000, Contract $600,000).

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14) Resolution No. 05711 in the matter of setting a Public Hearing date to consider a petition to withdraw certain territories from the boundaries of Klickitat County Rural Fire Protection District No. 3 to be held on the 7^th day of June, 2011 beginning at the hour of 1:30 PM.

15) Memorandum from the Planning Department scheduling a public meeting to be held on Tuesday, May 17, 2011 at 1:30 PM to consider acceptance of road right-of-way dedication (Foster Road), Short Plat Application No. SPL2009-03; Applicants: Paul and Thelma Gregg.

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16) Amendment 3 (C10411) to Task Order No. 6 to Water Resource Inventory Area 31 Watershed Plan Implementation Service Agreement (C05309) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of expanding the scope of work to include the sediment transport modeling and shade measurements in the Squaw Creek sub-basin of Rock Creek; to extended the end date from June 30, 2011 to October 31, 2011; and to increase the total not to exceed budget for this task from one hundred four thousand dollars ($104,000) to one hundred thirty one thousand two hundred twenty dollars (131,220)..

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17) Intergovernmental Agreement (C10511) for combined State and Local Voters’ Pamphlet between the State of Washington, Office of the Secretary of State and Klickitat County (Auditor’s Office) to cooperatively publish and distribute to all residents of the relevant jurisdiction a combined Voters’ Pamphlet during elections in which the state publishes a Voters’ Pamphlet. This agreement shall begin on the date the last party executes this agreement and shall expire on June 30, 2021.

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18) Electronic Recording Approved Procedures Agreement (C10611) between Klickitat County (Auditor’s Office) and Simplifile LC for the purpose of providing third party vendor services allowing receipt of electronic documents for recording purposes, effective May 10, 2011.

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19) Notice to Contractors and Scheduling of a Bid Opening for 1:30 PM on Tuesday, June 7, 2011, for the Replace Main Entrance Doors Project, N10001, Federal Contract F10-52110-034.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#210872 - 211002) for a net of $133,229.18.

Combined Payroll: (#122548 – 122813, County Benefit Warrants #211009 - 211020, Electronic Transfer #547) $504,280.23.

For a combined total of $637,509.41 for the date ending May 9, 2011.

Elected Official Report/Update

Prosecutor’s Update

The Board held a discussion concerning the Chief Deputy Prosecuting Attorney position, with Prosecuting Attorney Lori Hoctor advising that the position has been advertised for five (5) months and those applicants that have applied have not been qualified.

Following further discussion, Prosecutor Hoctor requested and received the Board’s verbal authorization to advertise the Chief Deputy Prosecuting Attorney position at Step 2. The Board requested that Prosecutor Hoctor prepare the formal Personnel Authorization for next week’s Consent Agenda and to work with Personnel Manager Post to prepare justification for going to Step 2 for the Board’s consideration.

Executive Session: Discuss pending litigation

The Board convened into Executive Session at 2:25 PM with Deputy Prosecuting Attorney Jessica Maxwell, Solid Waste Director Kevin Barry, Solid Waste Task Force member Don Struck and Roosevelt Regional Landfill General Manager Matt Henry in accordance with RCW 42.110(1)(i) to discuss pending litigation. It was noted that the session would last thirty (30) minutes.

The Board reconvened back to Regular Session at 2:55 PM.

Roosevelt Regional Landfill General Manager Matt Henry provided an April 2011 year over year comparison of MSW (municipal solid waste) Contract customers, noting that volumes are down almost 5% from 2010. Mr. Henry advised that total MSW, CDL (Construction waste) and Special Waste volumes continue to be down due to economic conditions.

Due to planned projects, special waste should be in line with 2010 figures by the end of the year and CDL should reflect positively based on Boeing’s demolition projects.

Executive Session: Discuss potential and pending litigation

The Board convened into Executive Session at 3:26 PM with Prosecuting Attorney Lori Hoctor in accordance with RCW 42.110(1)(i) to discuss potential and pending litigation. It was noted that the session would last ten (10) minutes. At 3:36 PM it was announced that the executive session would be extended five (5) minutes. At 3:41 PM it was announced that the executive session would be extended five (5) minutes. At 3:46 PM it was announced that the executive session would be extended five (5) minutes. At 3:51PM it was announced that the executive session would be extended an additional five (5) minutes.

The Board reconvened back to Regular Session at 3:56 PM.

Adjournment

Approved (M/Sauter, S/Thayer. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 3:57 PM.

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Reference Document on File

Please Note: The Board of Commissioners’ minutes are action minutes. An audio record is on file as part of the official record and available on Tape #2011-04, Tape Count 2467 through 2922.