RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

February 14, 2017


The Okanogan County Board of Commissioners met in regular session on February 14, 2017, with Commissioner DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board present.

Isabelle Spohn and Emily Sisson 8:50 a.m. members of the public taking notes.

Commissioners’ Staff Meeting-Possible Update Lobbyist Zach Kennedy
Albert Lin, Josh Freel, Joe Poulin, Debi Hilts, Perry Huston

Mr. Kennedy updated the board on the legislative issues.

Mr. Kennedy reported there are discussions about marijuana operations in counties that have more operations than retails stores but do not receive much revenue. Retail also receive revenue back to the county for enforcements and costs associated with marijuana. They are realizing the tax money needs to be redistributed more fairly.

After this week, there will be more pointed information to relay. Commissioner DeTro explained Voluntary Stewardship Program fund possibly being swept, what happens from here? Mr. Kennedy stated the conversation has not gone that way, but Dino Rossi is on it so we should be able to work with him on it. It is Thursday this week and he could bring that to his attention and ask what will go on if the funds are swept. Commissioner DeTro stated if the sweep the PWTF Fund we would like to know as we would love to withhold our loan payments. Mr. Kennedy replied that they keep wanting to sweep funds that are self-sustaining. Director Huston clarified that we are not looking for more money but rather extension of the contracts with the money that is already appropriated. Remind them that the contracts come out several months late so it is just a matter of giving us the time they have already appropriated funding for. Commissioner DeTro stated he would send Mr. Kennedy a map that shows the Wolf delisting’s synopsis on all the bureaucratic crap on the jurisdiction boundaries for wolves that have no boundaries.

Debi Hilts reminded the board about minimum wage increases and the discussion regarding some of the employees in the Elections department. Ms. Hilts reminded the board that the costs are billed out for the elections costs to those districts that have elections run through our county auditor. Mr. Hilts stated the auditor needs to know so the correct dollars can be calculated for payroll. A resolution would be needed to authorize the increases. The auditor is requesting a different pay scale for the elections employees. The Commissioners believe they would like to stick with what was previously discussed. A resolution will be provided to the Auditor for drafting.

Mr. Hilts explained some additional Bargaining training that both Ms. Hilts and Ms. Craig would like to attend. It is a two day conference, and they would like permission to attend. Registration is due in March. Commissioner Hover stated there are funds in Legal Services that could offset the costs of the training. As that is where our legal services would be paid from if someone else was dealing with the union issues. Director Huston reminded the board of the level of services the board wished to accomplish this would offset those costs which would keep the county from needing to hire attorney to negotiate. Commissioners are in favor of the HR department to attend. Commissioner Hover would also like to attend. Commissioner Branch stated that is what was discussed previously in order to reduce the overall costs of a consultant.

Ms. Hilts reported that an email went out to all departments regarding the training program the county purchased and she received mostly all NEGATIVE feedback from the elected officials saying it was an excuse for overtime and they did not feel it was necessary for them. Ms. Hilts explained the courses she suggested which are all trainings that would prevent claims that seem to happen from people who do not know what is appropriate. They are webinars with quizzes and 80% pass rate. She decided that it cannot be a mandatory training, but she will send out the Sexual Harassment course and that will bring up the other courses and they can take those at that point they can take as many as they chose. The lessons are on average 15-30 minutes long. Director Huston suggested we confer with the Risk Pool if elected chose not to train their personnel and an elected official may need to sign a waiver in place of the training as the elected are bonded, and the Risk Pool may have concern about what they cover in these terms.

Mr. Lin stated there are two issues Risk Pool coverage and the county being on the hook should anything happen due to elected not providing the training to the employees. Commissioner Hover asked can we afford the protection from things like this. Mr. Lin stated hypothetically speaking there are questions whether or not this issue with an elected is going outside their scope of duties and whether there could be personal liability on those involved due to not having the training and the potential claim that could follow. Commissioner Hover asked how far the commissioners can go to protect the county from lawsuits. Ms. Hilts stated a sexual harassment claim has huge monetary consequences to the county beyond what elected officials may realize. Commissioner Branch stated it is worth even having the part time employees trained for this. Commissioner Hover stated is his previous job they could call the L&I inspector to come and evaluate the issues in order to provide structures remedies for preventing. Currently there is no other sexual harassment training being offered around the county. Commissioner Hover would like to hold an elected officials meeting sometime soon. Commissioner DeTro and Branch agreed.

Joe Poulin, Maintenance, explained he would be attending training to utilize Facility Dude which is a program designed to provide capital facilities maintenance plan. Director Huston asked if there would be a written report, yes. That information can be walked into the Capital Facilities plan. Commissioner Branch asked about the company and why we utilized it. Mr. Poulin stated other counties utilize the program. Reports can be generated and equipment monitored. The courthouse complex (six buildings) is currently in the program. Make sure when this stuff comes in that we walk in the relevant items for the work plan that informs the budget on what we need to do. For the immediate sense the Juvenile Detention facilities can be discussed and gives us ideas for the equipment replacements. Mr. Poulin explained all the equipment numbers will be input and that will generate costs to replace for that equipment lifespan. They will be here March 1 and 2 and from there it will generate the input data and after that it will be available, so around May.

Fairgrounds Manager Josh Freel would like an assessment of the Fairgrounds and wondered if that area could be included in the Facility Dude program. That is something separate from the county courthouse complex and the fairgrounds would need a separate assessment. The commissioners were supportive of the assessment including a cursory look at the fairgrounds.

Mr. Freel discussed the heating and cooling system research that he has done. For the capacity needs of the Agriplex there would need to be a larger propane tank or oil tank. The remodel of the annex kitchen would require propane. Director Huston stated to bring it to temperature it takes around 100 gallons just get it up to a comfortable temperature. If it was brought up to a baseline then another system could regulate it. He stated the floor heat could be used to bring it up to a baseline and another could regulate it and shut the other one off and that would save some money. Using the waste oil could be a savings.

A Public Works vehicle might be available for purchase to use at the fairgrounds that is better than the S-10 it would be at ¾ ton pick-up which could be used for the dump trailer and other things.

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 County vouchers in the amount of $72,283.26. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.
Update-Treasurer McCormack
Treasurer McCormack and Pam Johnson

Treasurer McCormack introduced Ms. Johnson. She is the office manager and has a lot of responsibility and is very appreciated for everything she does. An overview was provided and read. (attached) Her office has five employees.

Ms. Johnson explained earned credit that will help bring down our banking costs. Treasurer McCormack stated this is huge for the county and not what Bank of America allowed. This will be a huge savings and will help our cash flow.

Ms. Johnson explained information that was uploaded including ACH wire filters and how those are approved first before release which will prevent fraud.

Commissioner DeTro explained if Secure Rural Schools legislation is approved as it was proposed it the Title II and Title III money will go up. Commissioner Hover asked about the Federal PILT the county receives and how that is calculated. Those funds are separate and do benefit our Current Expense. Ms. McCormack stated that some departments have discussed Federal PILT being used for a rainy day expense fund and PILT doesn’t get reauthorized it would be a HUGE hit to our county. When it was based on a percentage it was really a big financial hit as it changed our fiscal date for receipt later than normal. It was a manipulation that was done in WA DC. When we expect all the funds by a certain date and only get a portion of it than it impacts us big time.

Commissioner DeTro explained the PUD Privilege tax revenue that we receive. We are part of the Wells pool and they are trying to get that tripled at around 30%. Chelan County privilege tax is around $3 million per year.

Executive Session RCW 42.30.110 (1) (g)
Commissioner Hover moved to go into executive session at 10:55 a.m. for 5 minutes inviting Perry Huston to discuss the review of a public employee. Motion was seconded, all were in favor, motion carried.

Executive Session ended at 11:00 a.m. no decisions were made.

Update Public Works- Josh Thomson/Ben Rough
Josh Thomson, Ben Rough, Perry Huston, Isabelle Spohn, Emily Sisson and Jon Wyss members of the public present

Engineer Thomson provided his update. Bids will be collected for Liquid Asphalt and Stabilizer products in the near future and those will be opened and awarded.

The board would like a follow up later on the road log reconciliations.

Engineer Thomson discussed ORV ordinance history. (attached) A map was presented for all to see. Questions were asked about the dual registration requirements. Inconsistencies were discussed in the RCW and there is no ruling in place yet to address it. RCW 46.09.360. Director Huston believed the specific regulation was adopted and some took a different tact and discussed populations of 15,000 and over versus populations of 300,000. The idea was explained. Commissioner DeTro discovered that with WATV that had both licenses was allowed in state parks. ORV’s with that license would not be allowed. Engineer Thomson asked about signage on county roads that show roads that are open. A copy of a map which was a 2014 Okanogan County ATV guide was discussed. The commissioners would like a guide to be available to the public which would help people understand revisions. The county should consider a way to get the word out. Commissioner Branch stated for those counties with populations 15,000 are required to show roads that are not open. Director Huston asked how staff should proceed. Commissioner Branch felt that interaction with the ATVers would be in order so that the groups know what is coming down. Commissioner Hover stated there are things happening and he doesn’t want to see anyone griping about the lawsuit and we still have the roads marked, he isn’t sure of that situation. Do we want to rescind the ordinance and see where that takes us? Director Huston explained he did not hear if that was the instructions or if the commissioners wish to take that on themselves but staff does need direction. Does the board wish for him to contact the groups and begin this conversation? Commissioner Hover stated yes but don’t bother until after next Tuesday. There are many people who may hold a meeting to generate a direction they would like the county work on. He would like to wait and see what they know. Director Huston will review the record and continue their work and continue with the generic data. Commissioner Hover stated the group is thinking broadly and includes people both in favor and against. Director Huston stated it is up to the commissioners how SEPA is done and where, but smaller bites are often easier to swallow. Admin Rough stated there are many school districts and some could be consolidated first. Commissioner Branch would like everybody to be involved in shaping this. Commissioner Hover asked what he meant by everybody. Commissioner Branch stated Conservation NW and some others. Basin by Basin that have only a few roads into them was more along his views. Director Huston stated a good place to start are roads that do not go anywhere. Commissioner Hover stated there are sections where ORVs are allowed and sections that are not. The commissioners would like to wait on that. Admin Rough asked if they should wait to coordinate legal counsel and AG office to provide consistency clarification. WE should also develop a process before taking down the signs. Commissioner DeTro stated when the road restriction signs go up to also perhaps consider taking down the other signs. The code would need to be amended to be consistent with RCW. Director Huston suggested some things to consider in regards to SEPA. Director would need a proposal from which SEPA is done.

Commissioner Hover discussed the process and stated no one wishes to confuse the public with whatever is actually done. Engineer Thomson will contact Attorney Albert Lin and Admin Rough will develop an organizational chart like a decision tree.

Commissioner Branch asked about the SWAC organizational chart. Mr. Rough is developing one and discussed who would be part of that hierarchy. Commissioner DeTro stated some eastern counties are using recycled plastic mixed with other materials to make county roads that snap together.

Motion Resolution 30-2017 Budget Adjustment Commissioners Office
Commissioner Branch moved to approve resolution 30-2017 a budget adjustment within the Commissioners budget in the amount of $300. Motion was seconded, all were in favor, motion carried.

Board of Health- Public Health Building
Commissioners attended the Board of Health meeting.

Emily Sisson member of the public taking notes.

Discussion Affordable Housing Reporting OCCAC-Lael Duncan
Auditor Laurie Thomas, Lael Duncan, Donna Talbot

Ms. Duncan provided the board with accomplishments of OCCAC since 2005 regarding the Affordable Housing Fund. (Attached) Ms. Duncan stated Ms. Talbot has been working over the last several weeks to pull together the data the commissioners requested. Ms Talbot explained the activity in the book was arranged by year. The data started out with 2005 and showed the disbursements and transfers from the county to OCCAC The spreadsheet showed the accumulative amount that was allowed for 15% administration based on the 2004 agreement. Commissioner Hover asked about the cumulative Admin of 15% charged for administrative. The contracts in place during that period are behind the tabs for that year. Ms. Duncan explained the commitments with other agencies. The minutes and reports of each meeting is also behind the tab for that year.

Ms. Talbot explained tab 2016 where cumulative to date activity is noted and detailed activity the funds were used for in addition to all the backup documentation that supports those billed for. Commissioner Hover asked about the 15% cumulative administration. Ms. Talbot explained the administrative amount is based on the amount billed to the county. Ms Duncan explained the subrecipients did receive 50% of the OCCAC cumulative admin funds in the coalition.

In 2017 the allocation this year to the subrecipients. Ms. Duncan stated the estimated amount previously discussed was an estimate and now that figure is a firm figure noted in the FY2017 spreadsheet. Commissioner Hover asked about the cumulative admin amounts for the year and the calculations in 2017 where OCCAC indicated $51,281.88 that was allowed during the period from 2005-2017 that is now being billed. Everything that is collected in the year is being used in the next year and they are not drawing from funds collected in the same year. OCCAC bills the county on a quarterly basis based on the amount collected by the county in the last year. They are not doing an accrual of the funds. Commissioner Hover noticed there were no disbursements in 2015. Ms. Duncan explained they used Homeless Housing 2163 funds due to the funds being more flexible than the Affordable Housing funds 2060. They did have a request from the Housing Authority. Commissioner Hover asked if the funds were held in an interest bearing account. Ms. Talbot stated yes but the contract doesn’t speak to the interest funds and how those funds were to be collected. The funds returning to the county would be only $26,477.67 plus the 15% admin. Commissioner DeTro asked of the 2017 beginning fund balance amount of $200,562.25 is now $26,477.67 what happened since that last discussion. He believes the account is best administered by the county not OCCAC. The county was unaware the funds were just sitting out there not being used during a large period of time and not being used nor accountable to the county since the county didn’t know the funds were not being used for the purposes of being collected. Commissioner DeTro stated it is the appearance that the funds are not being administered to the needs for collecting it in the first place. The scenario makes sense to Ms. Talbot from an accounting point of view. Commissioner Branch explained in his mind that there was an accumulation and large balance that would certainly be a concern of the State Auditor. Whether the balance of the funds that were collected was interest that was allowed.

Commissioner DeTro stated the county vouchering process. Laurie Thomas would like to see the funds transferred as needed not held by another. She would rather see the funds held in the county treasury. Ms. Talbot asked why not administer the funds like the Homeless Housing funds are through the county. That is exactly appropriate, stated the Clerk of the Board. Commissioner Hover asked about the 15% admin fee goes away. Commissioner Branch stated if the admin fee goes away does the county understand how the compliance and administration funds. The county would monitor and the contract would outline the requirements the sub recipient would need to provide the county such as proof of clean audits, appropriate insurance. Ms. Duncan explained the notes taken by the members of ROC of the county commissioners discussion expressed that OCCAC had no contracts with the coalition at the time the funds were discussed until the county sent the termination letter. Commissioner DeTro stated the ROC note takers are laymen and really do not know the full context of the conversation in every instance. Ms. Duncan explained an advantage of the dollars is that they are extremely valuable for match for larger projects such as the Pine Meadows Senior Housing and the Shove House. IN this line of work there is always a need for support dollars for folks that are in recovery have a good support program that sees them through to a better future. Commissioner Hover asked her to define where the breakdown between Homeless and Affordable housing funds. Affordable housing fund was the first fund developed and intended to serve the homeless of very low income people opposed to the Homeless Housing funds which have more flexibility and can be used for grant writing and additional funding needs. Commissioner Branch asked about the 2060 notes objective is it called Affordable Housing. He explained his experience is a bit different. Ms. Talbot stated historically the documentation would show disbursements were provided and it wasn’t until 2014 that they stopped. The idea was to use the funds for rental assistance support for housing facilities, affordable housing.

Auditor Thomas discussed the House Bill allowed some administration funds that the county keeps. The commissioners discussed the wording of the OCCAC contract in regards to the 15% administration. Commissioner Branch stated the request for the $51,281.88 was requested.

Approve Consent Agenda
Commissioner Branch moved to approve the consent agenda items 2-8 as presented excluding item No 1. Motion was seconded, all were in favor, motion carried.

1. Commissioners Proceeding January 3, 4, 31 & February 1, 6, & 7, 2017
2. CDBG Grant Req Fire #15
3. Agreement Fairgrounds Facility Rental Agreements: Bowling Wedding, Stat Parks Open House, and Chelan Fruit Pesticide Class
4. CDBG Public Services Req #4 –OCCAC
5. Ratify Spending Authority Fairgrounds Manager –S10 Pickup Repairs
6. Cattleguard Renewals: N-114, 02-07, 01-07, and 83-73
7. Contract Award-Solid Waste Backhoe-NC Machinery
8. Contract-Bridge Consulting Svcs-Nicholls Kovich Engineering PLLC

Commissioner Branch move to approve Commissioner Proceedings of February 1, 2017 as presented. Motion was seconded, all were in favor, motion carried.

Commissioner Branch moved to approve Commissioner Proceedings of February 6, 2017 as presented. Motion was seconded, all were in favor, motion carried.


Motion Ecology Equipment Cache Grant
Commissioner Hover moved to authorize Maurice Goodall to sign the Grant agreement for the EMPG Grant funds in the amount of $530. Motion was seconded, all were in favor, motion carried.

Motion Resolution 29-2017 Budget Adjustment Sheriff
Commissioner Hover moved to approve resolution 29-2017 a budget adjustment within current expense sheriff in the amount of $3,440. Motion was seconded, all were in favor, motion carried.

Commissioners would like Albert Lin to review the 2004 agreement between OCCAC and review the Admin 15% allowed for OCCAC to be sure it is consistent with the intent of the contract. If the funds are dispersed and used in accordance with the law then there is not a problem.

Commissioner DeTro adjourned the hearing at 5:12 p.m.