Klickitat County

Board of Commissioners

Minutes – Meeting of Tuesday, May 1, 2012

Agenda Item - Comment/Disposition

Call to Order/Roll Call

Morning Workshop Session – Tuesday, May 1, 2012

Chairman Ray Thayer called the meeting to order at 10:00 AM. Commissioners present: David M. Sauter, Rex F. Johnston and Ray Thayer.

Workshop Session Agenda

10:00 AM – Public Works Department Update

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

The Board convened into a Public Works Department update. Public Works Director Gordon Kelsey provided a brief review of Consent Agenda items and a payment approval for the HVAC ducting insulation at the Pioneer Center. A Construction Program and road maintenance projects update followed.

Director Kelsey provided a facilities update, noting that Public Works is finalizing the schematic document which sets project parameters for the new dispatch center. A floor plan and preliminary building elevations prepared by ADCOMM Engineering were provided to the Board for review and consideration.

Director Kelsey reported that Public Works is looking into solar light options and cameras for the Sheriff’s impound yard.

The Board held a discussion concerning a parking lot the US Forest Service has proposed to build off of Vivian Lane with Assistant County Engineer Hunter providing three possible options for the approach. Mr. Hunter noted that Public Works wanted to give the Board an opportunity to comment and select which option they would prefer. Further discussion followed.

Mr. Hunter requested and received Board authorization to rehire for a temporary position to assist with the Annual Traffic Counts, Seal Coating and the Low Cost Run-Off-Road Safety Program.

Administrative Services Director Glen Chipman and Personnel Manager Randi Post: Review calendar for review of director applications and interview schedule, brief radio project update.

10:40 AM – Department Update/Comments

Attendance: Administrative Services Director Glen Chipman, Personnel Manager Randi Post and Treasurer Dani Burton.

Administrative Services Director Chipman noted that ADCOMM Engineering has provided an equipment list. Radio Project Lead Steve Brown and ADCOMM engineer Joel Harrington will be meeting to review and fine tune the list.

Director Chipman reported that he is looking at options and working on preliminary costs for running communication lines from the courthouse to the new dispatch center.

Personnel Manager Randi Post provided a tentative schedule for the recruiting, interviewing and hiring of the new Emergency Management/Dispatch Director and received direction from the Board concerning specific dates for the process.

Personnel Manager Post requested and received verbal authorization from the Board to begin the advertising process to fill a vacant Legal Administrative Assistant position within West District Court. Manager Post indicated that she would prepare the Personnel Authorization for inclusion on next week’s Consent Agenda.

The Board held a brief discussion concerning finance options for the Radio Project, with Treasurer Dani Burton, suggesting an interfund loan as an option. Following further discussion, the consensus of the Board was supportive of Treasurer Burton’s suggestion.

Auditor Brenda Sorensen: Department Update

11:00 AM – Elected Officials Report

Attendance: Auditor Brenda Sorensen, Administrative Services Director Glen Chipman, and Radio Project Site Supervisor Jim Keightley.

Auditor Brenda Sorensen requested and received verbal approval from the Board to move forward with a job offer to a previously interviewed applicant to fill a vacant Clerical Administrative Assistant position.

Auditor Sorensen provided an Elections Department update and brief overview of the voter turnout for the April 17^th special election.

Auditor Sorensen reported that precinct boundaries affected by the re-districting plan have been adjusted. Notifications will be mailed out tomorrow to 251 voters affected by boundary line adjustments.

Auditor Sorensen noted that BARS (Budgeting, Accounting, Reporting System) has been restructured. This was needed to accommodate increased coding needs and for reporting purposes.

The Board continued a previous discussion regarding the automated folding/inserting machine with Auditor Sorensen asking if the Board would like a presentation. The Board indicated that a presentation would be fine but Auditor Sorensen would need to determine how to pay for the machine.

Steve Brown, Radio Project Lead: Radio project update.

11:15 AM – Department Update/Comment

Attendance: Radio Project Lead Steve Brown, Site Supervisor Jim Keightley and Administrative Services Director Glen Chipman.

Radio Project Lead Steve Brown and Site Supervisor Jim Keightley presented a Radio Project update. Mr. Brown provided a detailed review of each site which included lease negotiations, lease agreements, partnering agreements, building permitting, construction and equipment purchase and installation.

The Board had a discussion regarding the Klickitat site, with Mr. Brown providing an overview of the negotiation process and the benefits of either purchasing or leasing the best site.

Following discussion, the Board expressed their support for Mr. Brown to pursue a lease agreement with the property owners.

Mr. Brown stated that he will be fine tuning the equipment list, noting that some of the equipment on the list the County already owns.

Mr. Keightley indicated that he and Mr. Brown have modified some of ACOMM Engineering’s equipment recommendations which have resulted in significant cost savings and further review should be able to provide additional savings.

Due to the length of the update, Chairman Thayer asked Mr. Keightley to continue his update after lunch.

Lunch Recess

The Board recessed for lunch at 12:10 PM.

Call to Order/Roll Call

Regular Meeting for Tuesday, May 1, 2012

Chairman Ray Thayer reconvened the meeting at 1:00 PM. Commissioners present: Rex F. Johnston, David Sauter and Ray Thayer.

Agenda

Business Agenda

Approved (M/Sauter, S/Johnston. Passed unanimously): the Business Agenda as presented.

Approval of Commissioner Meeting Minutes

Approval of Meeting Minutes

No Klickitat County Board of Commissioners Meeting Minutes requiring approval at this time.

Citizen Comment

No one was present to offer citizen comment.

Radio Project Site Supervisor Jim Keightley continued his report providing an overview of the equipment shelters, generator back up systems, microwaves and various radio equipment chosen which resulted in a cost savings without compromising performance or efficiency.

Consent Agenda

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

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1) Special Deputy Prosecuting Attorney Contract (C08612) between Klickitat County (Prosecutor’s Office) and Menke Jackson Beyer Ehlis Harper & Plant, LLP for the purpose of providing guidance and advice pertaining to the labor and employment law matters involving the Klickitat County Sheriff’s Office and such other county offices as the PA determines, from time to time, to be necessary to protect the interests of Klickitat County. Such guidance and advice is inclusive of, but not limited to, strategies, negotiations, medications, interest arbitrations, ULP matters, grievance arbitrations, etc, as determine by the PA. This contract shall be effective commencing April 10, 2012 and shall continue in effect thereafter unless written notice of modification or termination is provided by one party to the other with a minimum of sixty (60) calendar days notice.

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2) Agreement (C08712) between Klickitat County and The Enterprise for publication of all legal notices and delinquent tax lists as well as notices to be published by newspapers of “general circulation” effective July 1, 2012, terminating June 30, 2013. Bid was awarded to The Enterprise, White Salmon, Washington, and The Goldendale Sentinel, Goldendale, Washington, at a cost of $6.75 per column inch for the first and subsequent insertions. For purposes of the contract period The Enterprise will be the County’s “newspaper of record” with all publication of legal notices, delinquent tax lists and other notices to be published by the newspaper of “general circulation” to occur in The Enterprise and The Goldendale Sentinel.

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3) Agreement (C08812) between Klickitat County and The Goldendale Sentinel for publication of all legal notices and delinquent tax lists as well as notices to be published by newspapers of “general circulation” effective July 1, 2012, terminating June 30, 2013. Bid was awarded to The Enterprise, White Salmon, Washington, and The Goldendale Sentinel, Goldendale, Washington, at a cost of $6.75 per column inch for the first and subsequent insertions. For purposes of the contract period The Enterprise will be the County’s “newspaper of record” with all publication of legal notices, delinquent tax lists and other notices to be published by the newspaper of “general circulation” to occur in The Enterprise and The Goldendale Sentinel.

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4) Interlocal Funding Assistance Agreement (C08919) between Klickitat County and Glenwood School District #401 to provide funding assistance in the amount of $2,000 to the District to develop and/or enhance their At-Risk Youth Program. Effective date of this agreement will commence upon final signature by all parties, terminating December 31, 2012.

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5) Recommendation and concurrence to award the base bid for Phase II of the Runway 12-30 Rehabilitation Project (Columbia Gorge Regional Airport) to Granite Construction in the amount of $1,821,065.55 as well as concurrence to award bid to Granite Construction for Additive Bid A ($474,940.11) and Additive Bid B ($207,918.32) should funds become available for that work. The Airport has a total project construction budget of $5,817,000 of which $2,317,000 is funded by the FAA (Federal Aviation Administration) and $3,500,000 from a Connect Oregon III grant.

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6) Amendment No. 2 (C09012) to Task Order No. 16 Watershed Plan Implementation Service Agreement (C09307) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of extending the end date from February 28, 2012 to June 30, 2012 and increasing the not to exceed budget from sixty thousand dollars ($60,000) to sixty four thousand dollars ($64,000) to develop a quality assurance project plan and conduct an instream habitat assessment in the Little Klickitat River Basins (WRIA 30). The State standard allowable government rates shall be used for lodging/per diem and mileage.

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7) Amendment No. 4 (C09112) to Task Order No. 15 Watershed Plan Implementation Service Agreement (C09307) between Klickitat County (Natural Resources Department) and Aspect Consulting for the purpose of extending the end date from February 28, 2012 to June 30, 2012 to provide support for implementing the WRIA 30 Watershed Management Plan. This will complete the project and allow for report completion and integration with Task Order No. 16.

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8) Interlocal Funding Assistance Agreement (C09212) between Klickitat County and Goldendale School District #404 to provide funding assistance in the amount of $4,000 to the District to develop and/or enhance their At-Risk Youth Program. Effective date of this agreement will commence upon final signature by all parties, terminating December 31, 2012.

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9) Amendment No. 2 (C09312) to the 2012-2014 Consolidated Contract between Klickitat County (Health Department) and the Washington State Department of Health, adding “statements of work” for the “Office of Drinking Water Group B Program and amending the “statement of work” for the 5930 Public Health Funding, Maternal & Child Health, Public Health Emergency Preparedness & Response (PHER), Tobacco Prevention & Control Program for the WIC Nutrition Program. This amendment results in an overall increase of $8,390 for a revised maximum contract consideration not to exceed $508,975. All additions and amendments to the “statement of work” for the various mentioned programs become effective January 1, 2012. All other terms and conditions of the original contract and any subsequent amendments remain in full force and effect.

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10) Personnel Authorization to Hire to begin the advertising process to fill two (2) full-time (40 hour work week) Mechanic positions within the Public Works Department/White Salmon Shop at Union Salary Grade 45. These are vacant positions effective April 26 and May 1^st, 2012.

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11) Personnel Authorization to Hire to begin the advertising process to fill one (1) full-time (40 hour work week) Environmental Health Specialist II position within the Public Health Department at Salary Grade 69. This is a position which has been vacant since June 30, 2011.

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12) Resolution No. 07712 in the matter of scheduling a public hearing to be held on Tuesday, May 22, 2012 at 1:30 PM to consider an amendment to Klickitat County Code Title 8 “Health and Safety” by revising Chapter 8.04 to reduce the Board of Health membership.

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13) Request for concurrence and acceptance to award bid to Idaho Asphalt Supply Inc. for the purchase of Liquid Asphalt (Road Maintenance Materials) as bid in the amount of $1,472,370.

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14) Trout Lake Park Agreement (C09412) between Klickitat County (Public Works Department) and Mt. Adams Ranger District (USFS) for use of portions of Guler-Mt. Adams Park June 15^th (event set up) and June 16^th (event day) for their Annual Fishing Derby which includes a waiver of fees ($366). In lieu of the $366 event fee the Forest Service will provide a crew to assist with park clean up on April 26^th from 8:00 AM to 4:00 PM.

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15) Settlement Agreement (C09512) between Klickitat County (Public Works) and Earle E. and Kathleen J. Kennell to acquire right of way required for the purpose of reconstruction of a portion of Saxton Bane Road, County Road No. 34100, across a portion of Tax Parcel 04-17-2461-0006/00.

Payment Approvals

Voucher Certification and Approval

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

Accounts Payable: (#221462 – 221567 and DOR Electronic Transfer #585) for a net of $162,709.56.

Combined Payroll: (#129677 – 129939, County Benefit Warrants #221351 - 221366, Electronic Transfer #584) $749,392.63.

For a combined total of $912,102.19 for the date ending April 30, 2012.

Road Department Payments

Approved (M/Johnston, S/Sauter. Passed unanimously): First and Final Pay estimate to Access Electric and Heating, Inc. in the amount of $17,711.70 which includes $823.80 retainage for a net amount of $16,887.90 for the Insulate Attic HVAC Ducting Pioneer Center Project, N10014, Fed: F10-52110-034.

Elected Official Report/Update

Prosecuting Attorney’s Update

Prosecuting Attorney Lori Hoctor requested and received verbal authorization to begin the advertising process to fill a soon to be vacant Deputy Prosecutor position. The necessary Personnel Authorization will be prepared for inclusion on next week’s Consent Agenda.

The Board convened into Executive Session at 2:00 PM with Prosecuting Attorney Lori Hoctor, Personnel Manager Randi Post and Administrative Services Director Glen Chipman in accordance with RCW 42.30.140(4)(a) to discuss contract negotiations. It was expected to last ten (10) minutes. At 2:10 PM it was announced that the Executive Session would be extended for ten (10) minutes.

The Board reconvened back to Regular Session at 2:20 PM.

Closed Record Appeal Hearings

Closed Record Appeal Hearing: Consider an appeal to Environmental Threshold Determination of Non-Significance SEP2010-00050 (Accessory Dwelling Units). Appellant: Dallesport Murdock Community Council.

Continued (M/Sauter, S/Johnston. Passed unanimously): Closed Record Appeal Hearing to consider an appeal to Environmental Threshold Determination of Non-Significance SEP2010-00050 (Accessory Dwelling Units) to June 12, 2012 at 2:45 PM under Unfinished Business to take the matter under advisement of legal counsel and for further consideration; Appellant: Dallesport Murdock Community Council.

Attendance: Staff: Planning Director Curt Dreyer and Senior Planner Mo-chi Lindblad. Public: There were approximately fourteen (14) 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 No. 2012-05, Tape Count 2361 through 3920 and Tape No. 21012-06, Tape Count 0 through 275.

An * denotes written testimony which is included as part of the official record and is on file in the Planning Department.

Chairman Thayer opened the closed record hearing to consider an appeal of the Determination of Non-Significance (DNS) issued for proposed amendments to the County Zoning Ordinance #62678 and Klickitat County Code Title 19, to establish provisions for Accessory Dwelling Units (ADUs) and request a staff review.

Planning Director Curt Dreyer provided an overview, noting that on December 21, 2010 the appeal was filed and contends that the environmental checklist prepared for the proposal, and the DNS issued based on the checklist, contains insufficient analysis of environmental impacts such as water availability, fire protection, traffic safety, pet control, school attendances, aesthetics and public services; and that public notice did not allow for sufficient time frame to prepare a proper appeal.

Director Dreyer reported that on March 16, 2012 a SEPA Addendum to the DNS was issued with two (2) key changes: (1) Limit the ADU to a “Pilot Area”. The Pilot Area now under consideration isolated near the City of White Salmon, where housing densities are more concentrated; and (2) provide for subsequent Planning Department assessment of the Pilot Area and ADU.

Director Dreyer noted that the SEPA appeal will be considered through a formal hearing process, with only the parties to the appeal. The Board upholds the DNS unless it determines it is “clearly erroneous.” If the Board determines that the appellant has met their burden of proof, and finds clear error, the DNS should be remanded to the SEPA Responsible Official for further review. If the Board determines that the DNS was properly issued, the DNS should be upheld.

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Commissioner Sauter noted for the record that written comments had been received and will be on file.

Following the staff review Chairman Thayer invited the appellant, Dallesport Murdock Community Council (DMCC) to present their opening arguments. Don McDermott, Chairman of the DMCC spoke on behalf of the group.

Mr. McDermott stated that when the proposal was changed to a test pilot program they were offered their appeal fees back, however they wanted to address the issue. Mr. McDermott noted that there has been a lot of public input against ADUs.

Mr. McDermott stated that the DMCC feels that the way the proposal is written it does not provide sufficient rules and guidelines. Many of the questions on the check list were not answered or were answered incorrectly.

Mr. McDermott stated that he questioned where the Planning Department came up with an estimate of 5 to 6 ADU applications per year. Commission Johnston responded that the estimate was based on the number of inquiries. Commissioner Johnston noted that he has received numerous calls in support of the proposal.

Mr. McDermott indicated that once ADUs are allowed more people will want to add them to their property. Mr. McDermott noted that this is just the tip of the iceberg.

Commissioner Sauter advised that the ADU test pilot program is just a proposal and that there will be public hearings before there is a decision.

Commissioner Johnston stated that he doesn’t understand why Dallesport is objecting to something that is being proposed for the White Salmon area. Mr. McDermott noted that they are concerned because it could become a county wide proposal.

Chairman Thayer closed the hearing to further public testimony.

Closed Record Appeal Hearing: Consider an appeal to Environmental Threshold Determination of Non-Significance SEP2010-00051 (Dallesport Murdock Subarea Plan Update). Appellant: Dallesport Murdock Community Council.

Continued (M/Sauter, S/Johnston. Passed unanimously): Closed Record Appeal Hearing to consider an appeal to Environmental Threshold Determination of Non-Significance SEP2010-00051 (Dallesport Murdock Sub-Area Plan Update) to June 12, 2012 at 2:45 PM under Unfinished Business to take the matter under advisement of legal counsel and for further consideration; Appellant: Dallesport Murdock Community Council.

Attendance: Staff: Planning Director Curt Dreyer and Senior Planner Mo-chi Lindblad. Public: There were approximately fourteen (14) 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 No. 2012-06, Tape Count 275 through 1038.

Chairman Thayer opened the closed record hearing to consider an appeal of the Determination of Non-Significance (DNS) issued for a proposal to update the Dallesport Murdock Sub-Area Plan which is a component of the Klickitat County Comprehensive Plan and request a staff review.

Planner Director Curt Dreyer reported that the DMCC proposed amendments to the Dallesport Murdock Sub-Area Plan which included goals and policies, as well as buildable lands inventory. A threshold determination was issued for the amendments through a non-project Determination of Non-significance (DNS) on December 6, 2010. A non-project action is a proposal that if approved, does not authorize any specific project. The DNS was appealed by the DMCC on December 21, 2010.

Director Dreyer noted that the SEPA appeal will be considered through a formal hearing process, with only the parities to the appeal. The Board upholds the DNS unless it determines it is “clearly erroneous.” If the Board determines that the appellant has met their burden of proof, and finds clear error, the DNS should be remanded to the SEPA Responsible Official for further review. If the Board determines that the DNS was properly issued, the DNS should be upheld.

Following the staff review Chairman Thayer invited the appellant, Dallesport Murdock Community Council (DMCC) to present their opening arguments. Don McDermott, Chairman of the DMCC spoke on behalf of the group.

Mr. McDermott stated that the DMCC has concerns regarding the future of the designation of lands for gravel and mining use in the Dallesport area. Mr. McDermott noted that this will make it difficult for housing development and will have long term adverse effects. Dallesport wants to be a community of people not gravel and mining operations.

Mr. McDermott made reference to a December 17, 2010 letter from former County Prosecutor Tim O’Neil stating that Klickitat County is not a GMA County and the Planning Commission does not have the authority to change the comprehensive plan prepared by the DMCC.

Commissioner Sauter advised that the County is a GMA county, however, the County does not fully plan under GMA regulations and former Prosecutor O’Neil was in error.

Mr. McDermott requested a brief recess at 3:26 PM.

Chairman reconvened the hearing at 3:30 PM.

Mr. McDermott stated that the DMCC would prefer the word designation of lands for gravel and mining be changed to identification of lands for gravel and mining.

Chairman Thayer closed the hearing to further public testimony.

Adjournment

Approved (M/Johnston, S/Sauter. Passed unanimously): There being no further business before the Board, the meeting was adjourned at 3:38 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 #2012-05, Tape Count 2256 through 3920 and Tape #2012-06, Tape Count 0 through 1046.