February 6, 2017

The Okanogan County Board of Commissioners met in regular session on February 6, 2017, with Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board present.

Commissioner Jim DeTro would be late due needed plowing to remove large snow drifts in his driveway.

George Thornton, member of the public arrived at about 8:55 a.m.

Review Consent Agenda

Briefing Among Commissioners
The Clerk of the Board discussed the Capital Improvement project for the Jail M-Tank having $95,000 and suggested that any Capital Improvement projects be paid for out of Capital Improvement funds not a current expense fund.

Commissioners Branch and Hover discussed the LTAC funding for the Grandstand project in the approximate amount of $55,000. The commissioners discussed the Fairgrounds Bathroom project that had not been awarded LTAC funds for 2017 and thought perhaps the Grandstand funding could be redirected to the Bathroom project with LTAC consideration.

The commissioners discussed the LTAC make up and that one member on the committee had not been attending the LTAC meetings. There is some concern that the person represents a Hotel within the incorporated city not the unincorporated areas and therefore that should be discussed. If they were really into tourism in Okanogan County then at least they have a vision of what they want to do in the unincorporated areas. If the person is willing to expand there thinking into the rest of the county, great. Commissioner Branch agreed. The LTAC would like the Commissioners to end that person membership. The commissioners reviewed the LTAC policies and procedures and membership resolution 125-2014

Commissioner Hover attended the Outfitters meeting and they have a supplemental to the previous alternatives.

Commissioner Branch discussed his attendance at WSAC and Olympia last week. He updated the commissioners on bills that are being dropped for consideration. McCleary.

The commissioners continued discussing the water science as it was discussed in Olympia last week. Commissioner Branch

Public Hearing Supplemental Appropriation Boating Safety Fund- Sheriff
Joe Somday, George Thornton

Commissioner Branch opened the public hearing up asking for staff report. Joe Somday explained that Washington State Recreation Commission asked that a separate fund be created to provide for boating safety costs where funds were received from the state but separated in the General Fund. The resolution creates fund 145 and provides funding there that was already received. Due to the audit it is required to be a separate fund. Mr. Somday worked with Cari Hall and the State to ensure the proper process is utilized. The state provides the funding for the program.

Commissioner Branch opened up for public testimony, seeing no one to comment or who wished to comment he opened up for commissioner discussion.

Motion Resolution 125-2017 Supplemental Fund 145
Commissioner Hover moved to approve resolution 125-2017 creating fund 145 and supplementing it in the amount of $29,824. Motion was seconded, all were in favor, motion carried.

Public Hearing Supplemental Appropriation Non Departmental
Commissioner Branch opened the public hearing up asking for staff report. The Clerk of the Board explained that no paper work was submitted for this supplemental and would need to be located. She suggested this hearing be continued.

Motion Continued Public Hearing Supplemental Non Departmental
Commissioner Hover moved to continue the public hearing scheduled February 6, 2017 at 11:35 a.m. to 4:00 p.m. Motion was seconded, all were in favor, motion carried.

Commissioners adjourned for lunch at 12:15 p.m.

Update-Planning-Perry Houston
Angie Hubbard, Dave Hilton, Josh Freel Fairgrounds, George Thornton public

Dave Hilton discussed failures of home owners systems.

Overnight Transient Accommodations-Nightly Rentals
Public Health Permit and Inspections

Director Huston stated Public Health has experience some particular problem. Everywhere else in the county they are permitted but in the Methow they are required to be in a Planned Development and those are challenging as some do not meet the requirements. Mr. Hilton has an issue with those operating in town and are a board of health issue. Mr. Hilton gave an overview of issues that will be handled according to the new rules and have little glitches. The Twisp and Winthrop are saying they are not financially able to process. Not being leased 6 months out of the year, but they are saying they are not qualified to process the nightly rentals. The issue is that there are 15 or more within the cities and they cannot get the application process underway because the cities are not signing off on the applications. These people who live in theirs can be permitted but the cities are not signing off. How would the board wish to address this? Commissioner Hover asked if the cities can sign a waiver saying they cannot on each specific one say they do not have the resources to process and would then allow the health to continue. Mr. Hilton stated the cities inspect in June and that two much time has lapsed between now and June. The fire suppression issues are looked into. The city issues a business license and could be tied to the inspection process in June and so if they are currently a licensed business. Mr. Hilton may request the inspection records and that would be part of the Public health requirements. Director Huston reminded that the Planning, Building, and Public Health office would require compliance from all. The whole idea wasn’t that each office go out and inspect, but we do check for compliance. If the city issued a business license then they are in compliance with their own codes. Commissioner Hover would like to know under what criteria the cities are issuing the business license. Mr. Hilton stated with that the assumption is that the building is safe and meets the cities requirements. Commissioner Branch stated are there zoning requirements of the city of Twisp are the requirements in their zone code. The other is the building code. Are they inspecting pursuant to their codes. Commissioner Hover would like to discuss this with Sue Ing-Moody Mayor of Twisp to get a better understanding of the situation. The Public Health Department issues the permit for those operations. These Nightly rentals are currently operating without the proper permits. Director Huston stated now the regulation is implementing the pressure to do something with the folks operating outside the rules will begin to mount. We have a number of them and Planning is working with them to get into compliance or shut down. It is almost an automated system, which he will get another list of unpermitted operations that he will begin to go down. Commissioner Hover asked prior to 2005 legal non-conforming issue and what that meant if they were grandfathered in. Director Huston stated everyone was required to be in compliance and some sued the county and that was the date established in planning that was the vesting date. That was at one time, but with the new zone code an amortization schedule required everyone to be in compliance by 2021. That will create all sorts of activity. Part of the code was a business license approach and is there. We are getting push back with the annual permit. Albert Lin has been consulted on this and weighed in previously on that process. It has been a very sensitive subject in the Methow. To be in a planned development you have to have twice the underlying lot size to apply and some do not have that resource and do not meet the lots size. Variances were discussed. The board feels this is just a miss-understanding and could be resolved once things are discussed with the cities.

Fairgrounds Facilities manager was introduced. Director Huston explained that he suggested he come by to discuss priorities. The Bathroom bids came in a bit under $240,000. The architect did contact the low bidder and the subcontract bids are coming in higher than anticipated and seems to be that it will cost that much. Nothing else can be stripped down.

The grandstands were up to around $300,000 for the whole buildout of new seating and a cover. The Grant dies this year for the $90,000. He believe something needs to be done. Take all capital money in Fair budget, use some Capital improvements funds and build the bathroom. We have REET a bond payment out of Capital improvements around $103,000. If the county bonds the $400,000 at 20 years at 4.57% that could be used to pay for the grandstands project. He suggests bonding for a bit more for overruns. The treasurer would need to be involved to get the bond going. Commissioner Hover would like to invite the Auditor and Treasurer up to discuss the Grandstands project and funding. The Director would like to spend down the $90,000 Ag Grant by June 30, 2017 then bond the rest of the project.

Commissioner Hover asked about modular bathrooms and the Okanogan School district using modular building for locker rooms and would like to explore what those cost the school. Those would come from the West side. Does the board wish to explore the modular versions and quotes? We would need to go back out to bid for the modular quotes. If we keep going out to bid the contractors will get discouraged and either not bid or bid much higher. Director Huston asked if the Board would like to discuss with the architect. Yes, the board would like that.

Director Huston will run by the architect what the board wishes to do with the Grandstands project to see if the draft proposal would change.

Josh asked about the Fairgrounds Pickup battery and whether he should go get a new one or charge the old one and risk being stranded. The board thought getting a new one sounded reasonable.

Albert Lin arrived at 2:15 p.m.

Executive Session RCW 42.30.110 (1)(i)
Commissioner Hover moved to go into executive session at 2:25 p.m. for 30 minutes and invited Attorney Albert Lin Land Use Attorney Sandy Mackie and Perry Huston to discuss with legal counsel matters related to litigation to which the county may be a party. Motion was seconded, all were in favor, motion carried.

Commissioner announced at 2:55 an additional 5 minutes would be needed for executive session.

Commissioner announced at 3:00 p.m. an additional 10 minutes would be needed for executive session.

Commissioner announced at 3:10 p.m. an additional 10 minutes would be needed for executive session.

Commissioner announced at 3:20 p.m. an additional 10 minutes would be needed for executive session.

Executive session ended at 3:30 p.m. no decisions were made.

Director Huston discussed the Voluntary Stewardship program group and he believes they have reached an understanding. They have been trying to find a structure to take their planning assumptions and if they arrive at the Whitman County structure that was generated by a consulting firm. The County could utilize that source for our own. They could be a sole source for this and we might be able to pull it off. The draft was sent out and will be provided to the Board for review for the Conservation District agreement. He could push this along before the money expires but would need an appropriation to continue after that. $20,000 approximately. Commissioner Branch asked what the center piece is, Director Huston stated the work plan must embody our performance measurement. Those standards are being articulated. The work plan being the voluntary part and in the end whether or not we met our performance. If we have not we get kicked out of the program which we would have to adopt under GMA. How are they going to measure and protect critical areas and ensure economic viability of agriculture. Director Huston will relay that direction and move ahead.

Title 20
Director Huston did outreach to the Colville’s and the Yakima’s and they will set up a presentation. The other contacts will be getting on board. The Director recapped the scheduled hearing set for February.

Three well drillers were named. LaFontaine, chester, Marshall Miller, MVM and Richard O’Connell Drilling as a panel to walk through the different aquifers.

Is there a budget number he should target? Commissioner Hover thought it would be good to have some technical presentation that Aspect could provide. Is there anyone in the hearing room that will know each and every water report regarding the WRIA? The consultant knows he did the study on the water and could be relevant. Commissioner Branch thought in a way it does and a company would n’t say it isn’t relevant if the county is paying him. Commissioner Hover believes it is relevant and takes a very objective look at the water. There is a broad spectrum of people who agree with his report. Director Huston stated the point is to lay out a rebuttal.

Director Huston discussed the Critical Areas Ordinance review happening for 2018 review. The Ordinance has been reviewed extensively. The Planning Commission did recommend approval, but the new board in 2013 wanted more review. But we never did get that far. Director Huston explained the difference.

Spencer King, member of the public wished to discuss an issue with the recreation advocate who is retired. He contacted Mr. King for support of a bill that has come out since House Bill 3216 came out regarding the license plate, Ted Jackson. The bill provides for a population change from 15,000 to 300,000 and provides options to dealing with it. They are looking for support for the 300,000 population and makes it easier for counties if they want to open roads to ATV use. Right now it is at 15,000 and the deal is those counties could opt out. The roads are open if the county doesn’t opt out. Director Huston explained. Commissioner Branch stated it was a tool that some people used to say you are not listening to me. He doesn’t think we had to go there in the first place. Mr. King explained why would SEPA be necessary on roads that already see all other types of traveling on it. Commissioner Branch doesn’t like that exemptions are put in place for everything that comes along. Commissioner DeTro stated the SEPA deal was a slam dunk of a liberal judge on speculation and not on a legal foundation. The judge wanted to legislate from the bench. Mr. King stated before HB1632 came along they approved licensing dirt bikes on the roads, without going through SEPA, and ATV’s have less impact pressure on the terrain. Commissioner Branch said if people go off the road then there are impacts. Commissioner Hover stated his Willy Jeep has the same wheel base as some of the ATV’s. Mr. King stated when there are legal responsible users out there they are the first to stop people going off road who then curb the illegal activities. Mr. King is talking about WATV’s. Commissioners would like to be notified of Tuesday of every month at the WSP. Meetings start back up in March.

Review Meeting Minutes and Approve

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