RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

April 17, 2017


The Okanogan County Board of Commissioners met in regular session on April 17, 2017 with Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Hover, and Laleña Johns, Clerk of the Board present.

Review Consent Agenda

Briefing Among Commissioners
Engineer Josh Thomson arrived at 9:25 AM to discuss some road issues that need to be addressed on a state route. There are appears to a family trapped unable to get out of a county road. The school bus route is closed on the road due to the road issues as well. Discussion ensued regarding State route 20 closure on the Loup which affects several families. Commissioner Branch had replied to an email notice from one of the residents on SR 20 who noted that Cook Mt road was mentioned as a potential egress but is now gated. He reported that he lived there in the 90s when that road was still open and an option for alternative travel.

Columbia River Road is currently closed. Omak Mt. Road is also closed and that is being addressed as well as there is a family trapped up there too. Omak Lake road on the south end is also really bad. Omak Creek caused the issue due to jumping the channel and heading towards the lake due to a high point. Engineer Thomson discussed other road related issues that Public Works continues to address throughout the county.

Josh Freel came in and discussed what direction the Board would like him to go in regards to some well repairs at the Fairgrounds. Commissioners directed him to work with Perry Huston to work from the small works/vendors list to obtain a quote so find out what the cost would be to fix the sand issue.

Motion - Voucher Approval - Commissioners
Vouchers certified and audited by the Auditing Officer as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a list, and made available to the Board. As of this date, the Board did vote, by unanimous vote, to approve the Public Works and CE vouchers in the amount of $43,759.95 and Payroll vouchers in the amount of $882,879.91 Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Public Health Voucher
Vouchers certified and audited by the Auditing Officer as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a list, and made available to the Board. As of this date, the Board did vote, by unanimous vote, to approve the Public Health voucher in the amount of $358.98 and signed the voucher certification which listed the warrant numbers.
Motion Oroville Rural EMS District
Commissioner Hover moved to adjourn as the BOCC and reconvene as the Oroville Rural EMS District. Motion was seconded all were in favor, motion carried.

Commissioner Hover moved to approve the Oroville Rural EMS District vouchers in the amount of $10,219.45. Motion was seconded, all were in favor, motion carried.

Commissioner Hover moved to adjourn as the Oroville Rural EMS and Reconvene as the BOCC Motion was seconded all were in favor, motion carried.

Finance Committee-Leah McCormack, Cari Hall, Laurie Thomas
Sabrena Smith, Juvenile Dept. Perry Huston

Treasurer McCormack provided her agenda for the finance committee. She explained the spreadsheets included that show the trends and periods included. The reports will be submitted to the board later.

Cash on-hand was discussed. The loan payments were discussed. Facilities cash on hand over $190,000 and who the investment officer is for those funds. No, one. But she doesn’t know what the expenditures are for that department so she cannot predict what is needed for that fund in order to invest the residual funds for a thirty day roll over. Director Huston stated he would be the contact but much is going to be used for the bathroom project. Investment of the Solid Waste Closure investment was discussed which a portion of those funds being in a 9 month investment rather than a 14 month investment period.

Revenue Recap report was reviewed and should be around 24% at this point in the trend. Commissioner Hover asked about the Juvenile Grant reimbursements which are current, stated Ms. Smith. Treasurer explained that getting all those billed monthly is very important when possible. Commissioner Hover asked if those were billed quarterly, she replied yes, but she is going back to monthly now.

Contingency Reserve fund was discussed and the practice for departments using those funds. Ms. Hall explained she always looks at that fund’s status before suggesting it’s use.

Commissioners discussed moving some of the funds from Vehicle Reserve to Current Expense to make up for funds coming out of Contingency Reserve. That request would have to go through Ms. Hall.

Auditor Thomas explained that one bill in the legislature is now sitting on the governor desk regarding the requirement of providing ballot boxes. There was no fiscal note attached to that bill and it will have a huge impact on us. If the governor signs it, it will go into effect for the General election with extra costs being around $25,000-$30,000 plus the maintenance of those boxes will be huge as staff physically have to collect the ballots every time. The cost depends on the number of entities that have real estate on the ballot. They are mandating the boxes in all small communities which will be difficult to find a site for the boxes. Commissioner DeTro asked if the county just said no. Commissioner Hover stated we have mail in ballots, which makes it easy to vote, why have the ballot boxes too? It comes right back to the county to comply with this and they supply not a single dime to meet the requirement. One argument is that the stamp it takes to mail the ballot back is considered a poll tax. There are many counties that will be impacted by this.

Commissioner DeTro explained some impacts to SRS funds and PILT funds that the county may see a change in the split. The group discussed how the funds are distributed between the schools, public works and the county. Federal PILT may be higher this year, explained Commissioner DeTro. Commissioner DeTro asked what happened to the committee that addressed the State PILT being based on the true assessments.

On the 2018 the Auditor’s call out letter will be sent to all departments by July 10, 2017 and departments must have their preliminary budgets into the Auditor’s office by 2nd Monday in August so all numbers can be entered and submitted by 1st Tuesday in September to the BOCC. The group discussed ways the departments can have more involvement with the process. We will get to the point all departments will appeal some part of their budget. Some costs won’t be known by the departments such as overtime. Director Huston stated one thing missing is the commissioners do not get detailed budget instructions about projections, future priorities, etc… so he could reduce his budget accordingly in anticipation. The commissioners must start their discussion early to identify revenue trends the board can issue a budget memo outlining expectations to the departments. We just haven’t really had that. Commissioner Branch asked if the bottom line budget has ever been submitted to the departments from the Board as a starter and a report that explains why and what impacts are being addressed. Commissioner Hover stated he is on board with submitting a bottom line budget that shows expectations and then forecasted revenue would be applied to those percentages then as we get closer to the true numbers. Auditor Thomas stated elections would be difficult to project. Ms. Hall explained what difficulties she expects in terms of the departments submitting their budget by the required time frames. Ms. Hall will submit to the commissioners some expense percentages to show trends by next Monday. True averages will be difficult with only the first quarter under our belt. Commissioners would like to start figuring out solutions for overtime early that were not considered in this budget.

Treasurer McCormack would like to set a date for review status of the 2017 budget.

Commissioners asked Maurice Goodall to come in and update the board on the state route 20 washout and what communication with the state and county has been done. Mr. Goodall explained he has been in contact with the state on this issue. He further discussed other road related communications and reported the county and state were in contact with those trapped between the washes on SR 20. There are many trees down in several locations. He has been kept in the loop by the agencies involved.

Mr. Goodall showed the board videos of several washouts of Omak Creek. Irrigation lines and a trench where the water washed the ground out hundreds of feet wide in some places. The channel erosion was incredible. Commissioner DeTro suggested the UCSRB be provided this video and asked where do the fish go?? Engineer Thomson explained a reclamation pond on the creek that was put in is now gone. Public Works piled rip rap to mitigate issues where if otherwise not done it would have washed out the bridge.

Mr. Goodall showed videos of the State Route 20 over the Loup which has also washed out. Mr. Goodall stated Frasier Creek area has also washed out, but the person affected actually lives in Idaho. He showed videos of a cattle guard wash out. Repairs cannot commence until things dry out significantly. Equipment is not able to reach the areas until then.

Public Hearing –Supplemental Appropriation- Fund 116 Public Works
Engineer Thomson provided some back ground for the supplemental. Commissioner DeTro opened up for public comment, no public here and no public comments submitted.

Motion Resolution 66-2017 Supplemental Appropriation Fund 116
Commissioner Hover moved to approve resolution 66-2017 a supplemental appropriation within the Flood Control fund budget in the amount of $11,440 to pay for costs associated with work to remove vegetation and trees due to flood related issues the Army Corp of Engineer’s identified. Motion was seconded, all were in favor, motion carried.

Public Hearing -Supplemental Appropriation – Fund 657.050 Oroville EMS
Commissioner DeTro opened the hearing up at 11:45 AM for staff.

The Clerk of the Board explained the need for the supplemental was due to repairs and maintenance costs of the Oroville EMS Ambulance building due to water problems. Also supplemental costs for advertising and postage that was not provided for in the 2017 budget.

Motion Resolution 67-2017 Supplemental Appropriation Oroville Rural EMS
Commissioner Branch moved to approve resolution 67-2017 a supplemental appropriation in the amount of $2,000 for repairs and maintenance, postage, and advertising costs. Motion was seconded, all were in favor, motion carried.

Commissioners adjourned for lunch at about 12:05 p.m.

Update-Planning-Perry Huston
Building Official Dan Higbee, Communications Chief Mike Worden

Director Huston provided his agenda’s. He explained lots of complaints are being received regarding marijuana operations. Some operations are looking to double their size and some have some vesting. The other side is that many who have already submitted complaints are still submitting the same complaints. He is running out of things to say to these people regarding the vesting.

Commissioner Hover asked Commissioner Branch’s view on the situation. Commissioner Branch doesn’t have a problem as long as we continue to have some control. He believes looking at greater buffers and narrowing down where specifically it can be allowed to be grown. They should be excluded from some neighborhoods in terms of production. Director Huston stated most laws regarding this issue lies within state law. There are some who have been vested who are those who had work on the ground or something which is our vesting standard for other things. Creation of an amortization schedule. What kind of permit would be necessary if not Condition Use Permit (CUP). Many run exempt permit wells and they can do that, but under Whatcom Hirst we still need to assess the legal water. The Kim Case expanded industrial use of exempt status wells to commercial uses as long as under 5000 gallons. But with the Whatcom Hirst decision there are changes being interpreted as to how to handle that kind of use. The new rules for putting in a well you would still need to go through the process to protect ground water. The commercial use of an exempt well may have been added, explained Commissioner Hover. RCW 90.44.050. The board discussed these concerns and how they might deal with them as they come up for the CUPs.

Those operations that were in place prior to the Moratorium March 28, 2016 was discussed and what kinds of challenges would be involved with annual permitting. Business licensing was discussed for both marijuana operations and nightly rentals. Annual reviews for commercial dog kennels, in his mind, is a compliance inspection as a planning function. The challenge is that some believe it requires a public hearing of the hearing examiner and rehash the whole situation each year. In the Director’s mind he does not interpret it that way rather he sees it as an annual compliance review inspection of the site and the conditions. Director Huston just wanted the board to be aware he is receiving complaints and lots of call regarding the subject of Marijuana.

Attorney Albert Lin arrived at about 1:55 p.m.

OCC 20
Title Okanogan County Code 20 update was discussed with first appeal period ending tomorrow. The Yakama Nation request was discussed. Notices were discussed and who would be getting those. Commissioner Branch asked if there were in stream flow rules in the WAC addressing this specifically. Director Huston replied he did not know specifically. Commissioners discussed Campbell/Gwinn 2002 decision how it might affect the RCW 90.44.050 on the withdrawal of water and existing water per 1-5000 withdrawal per project. Commissioner Branch is concerned how we deal with the push back from Dept. of Health.

Mr. Lin discussed vesting issues and tried offering clarity. The Whatcom Hirst deals with one thing legal availability of water, but how Campbell Gwinn fits into it is the question. Will there be a merger and will that require an additional court case. Director Huston said one thing the court was reluctant to do was to reach back.

Mr. Goodall came in about 2:30 p.m.

Joint Purchase of Imagery
Mile Worden updated the board about organization of high resolution imagery. This is a huge cost around $500,000. Commissioner DeTro replied that DNR has spent about $1 million dollars per year for imagery which is a new complex type of imagery. Pend Oreille County was completed last year. You can cruise timber with it to find diameter and is amazing. Mr. Worden stated those agencies shoot areas that are an interest to them. For us, it is different because Okanogan County is not all forest. Mr. Worden stated because of each agency pursuit the state and other agencies pursue a consortium to get their imagery. We would get one foot resolution over the next several years for $6,000 per year license to the county. He discussed this with Public Works and others and many expressed they would be interested. It was brought up that a Non Departmental fund might pay for this. Director Huston explained some numbers that were salted around to the departments but it seems more valuable if non departmental footed the bill rather than billing out bits and pieces to departments. GIS might be able to integrate into it with our current system. The raw data could be used for their purposes and for what Mr. Worden needs. Resolution now is 2006 one meter from Douglas County. One foot resolution would be much greater detail. Mr. Goodall stated this data would be updated annually so changes could be shown more relevant to what is on the ground. Being able to track waterways and soil movements etc…. would be very useful.

The Board discussed the greater level of analysis it would provide. Director Huston explained the information they have now does take more time such as a whole day and not get very far plus the eyes on inspection of site reviews for certain things takes a lot of time. Commissioner Hover believes $6,000 per year is very little cost for the amount of current data it would provide at one

The Assessor’s office could use this, emergency mapping, Public Works and most centers out of our GIS department. This would put us way ahead of other counties. Commissioners would like the paperwork to be reviewed and prepared for consideration. Mr. Worden stated the state is considering a contract with the vendor, so he will go ahead and prepare the particulars for the commissioners’ consideration.

Adequate funding would need to be identified and considered to pay when agreement is in place.

Emergency Declarations
Director Huston explained how emergency planning should take place. 1) Vulnerability and Risk Assessment, 2) Mitigation response planning, 3) Response, 4) Recovery

Declaration allows us to provide for purchases outside the purchasing requirements set by the state and allows better response to the situation. We can use our special record keeping protocol. When it doubt fill it out. The best way is to establish the record keeping protocols that must be followed as it plays out. If we practice good record keeping as the emergency plays out then we will be better prepared. Documentation is required, the more organized we are in keeping that record that will provide invaluable information to proving the damages happened.

Commissioners discussed data keeping protocols for large data files such as drone videos and photos of emergency issues that the emergency manager is keeping. Director Huston stated his people are accustomed to keeping records, using spreadsheets, and basically have been employed to keep a lot of the data from past emergencies.

Commissioner Branch asked what a POI is? Director Huston stated it stands for Point of Information Contact and said several people do that. When an issue happens how does that information flow. Commissioner Branch said he was familiar with the PIO (Public Information Officer) and reminded the Board of an earlier discussion where he’d asked who the PIO was for the commission. Mr. Goodall asked if it is him? Director Huston stated yes it could be him depending on the situation. The message must be consistent though, replied Commissioner Branch.

Tanya Craig joined the conversation about 3:25 p.m.

Commissioner Branch explained at an emergency level he believes some kind of protocol be established as we should be learning what each department does and how they do their job in an emergency. Emergency planning was discussed to establish ownership of the different knowledge people hold.

The Fairgrounds contracts are getting onerous. Director Huston suggested a more compact path to getting those approved by the board and Risk Manager Tanya Craig. Commissioner Hover would like to see a road map to putting the protocols together. Director Huston will put something together.

Discussion – Okanogan County Annual Report- County Auditor Office
Leah McCormack, Pam Johnson, Laurie Thomas, Cari Hall, Perry Huston, Rocki King,

Ms. Hall discussed the county’s Annual Report to the State Auditor. She logged into the State Auditor Website. Every year new BARSmanuals are issues as well as changes to the reporting data. It is not feasible to do bars updates throughout the year. She explained the schedule one which is all the activity on the revenue and expenditure side. She explained the Interfund activity for BARS with 597 and 397. The C4 report was discussed and what it is was explained.

Ms. Johnson explained the General Obligation Debt/Liability schedule which is used in the event the county wishes to bond funds. This report also shows the county liability report for such things as pay out of sick leave and vacation for employees should they leave county employment among many other things.

Ms. Hall explained schedule 15 and 16 which are different than the rest which is the State and Federal revenue report and shows how we spent those funds. This report relates to the grant accountability reports from each department. This is the part of the report that takes the longest. Rules were changed in 2015 so it is hard for departments to wrap their heads around those changes versus what they were doing before.

Final appropriations were discussed for the different fund appropriations. All budget amendments (supplementals) are listed by resolution, dollar amounts, and what they were for. Reserved and unreserved accounts were discussed. Restricted funds are also listed per their corresponding RCW. The report also provides for registered warrants and residual moneys among other things.

The group left at about 4:30 p.m.

The Clerk of the Board discussed a call she received from the Elmer City Clerk regarding some property they are interested

Review Commissioners Proceedings April 10 & 11, 2017
Commissioners were provided the meeting minutes to review.

Commissioner Branch adjourned the hearing at 5:00 p.m.