RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

JULY 10, 2017



The Okanogan County Board of Commissioners met in regular session on July 10, 2017, Chairman Commissioner Jim DeTro, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board present. Commissioner Chris Branch attending Spokane RSN regional meeting.

Commissioners convened the board at 9:00 a.m.

Executive Session RCW 42.30.110 (1)(i)
Commissioner Hover moved to go into executive session at 9:00 a.m. for 30 minutes to discuss legal matters to which the county may be a party inviting Attorneys, previous County Commissioners Kennedy and Campbell, via telephone conference and Risk Manager Tanya Craig. Motion was seconded, all were in favor, motion carried.

Commissioners extended executive session at 9:30 a.m. for another 15 minutes.

Commissioners extended executive session another 10 minutes at 9:45 a.m.

Executive session ended at 9:55 a.m. no decisions were made.

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 a Special Run voucher in the amount of $1,413.02. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Motion Methow Valley EMS District
Commissioner Hover moved to adjourn as the BOCC and reconvene as the Methow Valley EMS District. Motion was seconded all were in favor, motion carried.

Commissioner DeTro moved to approve the Methow Valley EMS District vouchers in the amount of $54,920.50. Motion was seconded, all were in favor, motion carried.

Commissioner DeTro moved to adjourn as the Methow Valley EMS and Reconvene as the Oroville EMS District Motion was seconded all were in favor, motion carried.

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 $9,680. 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.

Briefing Among Commissioners- Discuss Individual Weekly Meetings & Schedule
Commissioners discussed this week’s schedule and updated each other on the previous week’s business.

Motion Amended June 20, 2017 Commissioners Proceedings
Commissioner Hover moved to approve the amended meeting minutes of June 20, 2017. Motion was seconded, all were in favor, motion carried.

Commissioners discussed the SEAMLESS.GOV proposal for the following departments: Human Resources, Commissioners Office, Public Works, Planning Dept. and Building Dept. for the 50 form starter package. The board directed the Clerk to prepare the sole source resolution and contact the company for the proposed start date.

Discussion -Prosecutor’s Office – Karl Sloan – Prosecutor and Chief Civil Deputy
Position Salaries
Karl Sloan, Brandon Platter, Albert Lin, Shauna Field Larson, Debi Hilts, Tanya Craig

Prosecutor Sloan explained the chief civil and chief criminal positions are funded at the same level. Because Chief civil attorney Mr. Albert Lin is vacating the chief civil position soon, he would like the board to consider an increase in salary in order to fill and attract reasonable attorneys to the position. The chief civil position has not been posted yet as he wanted to have this discussion first. Prosecutor Sloan stated that a salary survey was done to justify the increase and the information was gathered from other counties. He provided the average which was around $77,336- $71,857 with our position being about a $6,000-7,000 lower. Prosecutor Sloan recommended bumping the salary up by $10,000 and asked the board to consider it for 2017. That position is the most pressing one of the three he is here to discuss.

Prosecutor Sloan explained with the current Chief Criminal position, Brandon Platter, to fill the Prosecutor’s position when Prosecutor Sloan leave this year, that position salary is also a concern. He recommended that position be considered for increase beginning Jan 1, 2018

The Salary survey was discussed with the different county ranges. Last time he was here discussing the chief civil deputy salary we were very lucky to get Mr. Lin as the board at the time did not increase the wage. It is more of a concern now as it is on the low end.

Commissioner DeTro asked what the Prosecutor’s budget looked like right now. Ms. Field Larson replied it is really status quo and is doing okay right now. They would need to have an amendment if the salary increases are authorized but we are only looking at half a year right now. Of course whatever is increased would then carry over into the following years. Commissioners asked Ms. Craig what the total impact would be for the positions. She did not have the numbers worked out for this meeting but will provided them to the board this week. Commissioner Hover asked what the overall thought was when someone is considered for hire who has a bunch of experience. How does the group feel about starting them out at a higher step? Mr. Sloan replied, when someone comes in with a lot of experience he would generally start them at a higher step, but only when the range is already set. Commissioner Hover wants to ensure there is an established criteria for when someone is put in a higher step. Mr. Sloan explained he will considered that when hiring for the position.

Prosecutor’s attorney, Dave Gecas, will fill in for Mr. Lin before Mr. Lin leaves in order to get caught up on the civil issues the county is dealing with. And, he will be filling the position until someone else is hired. Prosecutor Sloan believed that his office will be short staffed when he leaves and understands not a lot can be done about it but another body will be needed to take on the load.

The third thing is how the county has been dealing with the prosecutor’s salary. He explained half is contributed by the state and tied to the superior court judge salary. The salary commission sets the salary. He explained the constitution states the salary cannot be lowered during the term. Over the last years, when the state commission increases were made the county would say the salary is being kept the same and would put the states contribution elsewhere. Since he is going to be leaving he is not raising an issue, but out of fairness to the next person, the increases need to go to the prosecutor position. Currently the county’s contribution is way less than the states contribution. Some counties match the state and some don’t. Ms. Craig stated a resolution would be needed to increase the portion tied to the state contribution. We should be addressing this each time. Mr. Sloan replied it is not required that the counties match it dollar for dollar but it should be increased by the same proportion. His intent is to proceed with the chief civil and criminal deputy positions. The commissioners know moving forward it is something to be addressed. Commissioner DeTro stated his feeling on the matter.

Ms. Field Larson explained the Chief civil deputy position will be posted in several required places in addition to the county’s human resource page, Worksource, and the legal newspaper. It is the most important position to be posted at this point. His wish is to post it with the amended salary. Ms. Craig will crunch numbers and provide those to the board on what the impact will be in 2017 and going forward. Commissioner Hover explained there are many considerations the board must make in the bigger picture and only so much money to work with. He wants to make sure that everyone who is looking at their needs are also looking at the reality of the situation in terms of money to go around.

Commissioner Hover adjourned for lunch at 11:50 a.m.

Update – Planning – Perry Huston – Discussion DOE Whatcom Hirst Decision –
Brian Bosal Dan Higbee, Char Schumacher, Angie Hubbard, Gina McCoy member of the public taking notes on her computer.

Director Huston provided the board with the Confederated Tribes of the Colville Indian Reservation.(CTCR) He will draft a coordination letter for the board’s consideration on the letter.

Director Huston heard some information on a temporary hold on the Whatcom Hirst issue. HB 2239 SB 5239 are bills being tied to capital budget to mix and match different projects. We can weigh in on the 5239 which reinforces on the instream flow rules. If it were adopted we could put into our processes. There is some flexibility with those rules.

Director Huston discussed how the rules might be applied to the land use applications the county receives. He explained how those water issues would then be reversed and applied for wells being drilled for land use. He will continue to work on that data.

Director Huston explained the approach that will be presented to the planning commission. He asked if the Board made appointments. There are four of the seven positions that are filled. Mark Miller submitted his letter of interest to fill the vacant at large position.

Mr. Bosal had two concerns about the processing short plats. Agriculture only lots still have to go through the water certificate processes. Existing house and cutting off land which is in Ag only it doesn’t create any new uses for the Ag well why are we still having to go through the process for Ag water. People can break up two 20’s and forty’s and spending money to find out water availability. If property is sold and the new owners want to build it is at that point they should go to the building and planning to address water availability. Commissioner Hover asked how he would show the property as is? Mr. Bosal said yes, as is with no water guarantee. He said people who are going for a building permit get hit not the person dividing up their 40 acres into two 20’s. Director Huston stated the law says so. He further explained this is about the process not the actual decisions. The question of Ag only lots the OCC 20 was discussed in order to shift.

Exempt segregations 58.17.100 is our responsibility to ensure adequate water is available at time of division. In 58.17.040 there are some exceptions with 5+ acre size but didn’t site that they told counties of their responsibility. According to our code a subdivision is a subdivision. Commissioner Hover see a small issue when Campbell Gwinn what ramifications came down on the land. It was the court ordered concept is that we have one exempt withdrawal per well. The weak point is they didn’t take a project, yet they reach back in time to make their point and still draw a circle around it.

Mr. Bosal said the big developer who does the big 20’s and down is what they are looking at. He doesn’t believe those smaller ones could be policed.

The Dept. of Ecology cancelled the meeting that was scheduled today. The DOE doesn’t’ know anything until Olympia adopts their rules.

Mr. Bosal commented on the process that the Hearing Examiner may need additional time to process the land use issues, he should be scheduled. Some people are frustrated about their projects sitting 3-4 months for a decision. He would like these to move along faster. Can the Ag only lots be moved along quicker? Commissioner DeTro stated he would rather discuss that question when Commissioner Branch is here.

Shoreline Master Program
Commissioner Hover would like to get through the program and each board member must get a feel for what the others would like to see. There are only a few questions the board must get through. Ms. Hubbard explained she has the discussion points and provided those to the board. Section 14.15.120 tables was provided for the discussion that came out in 2010 to show the combined use and vegetation buffers for the distinct zones. The commissioners discussed the shoreline development standards table.

Motion Executive Session RCW 42.30.110 (1)(i)
Commissioner Hover moved to go into executive session at 2:35 p.m. for 10 minutes inviting Director Huston and Albert Lin to discuss current litigation. Motion was seconded, all were in favor, motion carried.

Executive session ended at 2:45 p.m. no decisions were made.

The board further reviewed section 14.15.120 regarding the different drafts (2010 and 2015 drafts) of the shoreline development standards table. The board discussed the differences. Zones 1 and 2 setbacks were reviewed in each version. Director Huston further explained the timelines for the different versions and which changes happened when.

Ms. McCoy explained her approach to habitat and stream processes. Her perspective and you are respecting the channel migration and that is where all the habitat is generated, but when you start squeezing the streams in it then creates concerns.

Director Huston updated on the Voluntary Stewardship Program however the Planning Commission did not have a quorum.

Tonasket EMS District exit audit is scheduled for next week at 1:30 p.m.

The Fairgrounds audit is happening right now with everyone involved. They appear to be happy with the gate receipts for 2016. Any variances from the fee schedule will be an issue such as for waiving of a fee. The fee schedule should be adopted by resolution.

We are still waiting for the easement on the courthouse energy project. Director Huston stated he has discussed the issue with Joe Poulin who is in contact with Ameresco to resolve who has the paperwork.

Ms. Craig told Commissioner Hover that she can take on the Jail ceiling project and had the time. Director Huston will discuss this project with her.

Commissioner DeTro stated the Secretary of Ag and Interior on grazing ATV grizzlies, wolf and problems with regional office and law enforcement issues, Commissioner DeTro stated a draft file with those agencies on restorations projects etc….. that we have had with them and special assignment of Brian Dansell believes there is an excellent chance for a visit. He would like a letter outlining this in preparation. A packet will be put together for the invitation. Idaho Cattlemen Association, Washington Counties, CAPOW, State Farm Bureau, and NEWC etc.. and a good cross section of those involved. Director Huston will put together a packet.

Discussion – Juvenile Staffing -Superior Court Administrator - Dennis Rabidou
Sabrena Smith, Tanya Craig, Debi Hilts

Mr. Rabidou explained the Chemical Dependency position that was funded several years in a row by a Block Grant, but the expenditure line was defunded for 2017 by the previous board due to no qualified applicants. The Juvenile department had requested the Grant funded position to be funded in the 2017 budget but it was removed. The position is 100% grant funded including the benefits. The income from the Block grant is in the revenue budget but the expenditure part is not. If the funds are not expended the grant funds must be sent back. The revenue and expenditures do not match up explained Ms. Smith. There is a $51,378 difference. There is an application in process and they do wish to fill the position. In order to spend the funds the revenue will need to allocated for expenditure. They believe additional funds will be awarded. The commissioners are in agreement to fund the expenditure lines via a supplemental appropriation so the funds can be expended and recommended that be worked out with Finance Manger Hall.

Commissioner Hover discussed the ballot issue for the Juvenile department and requested Mr. Rabidou come to the table and begin the discussion to learn what the Juvenile Detention improvement needs are. The revenue could be used to fund a new facility if that is the direction for a long term fix.

Ms. Craig provided the break out numbers to the commissioners for the Prosecutor’s office requests this morning, but did not provide the Clerk of the Board a copy for this record. She found in Nan’s old files, the judges annual salaries schedule from which the Prosecutors salary would be based. It is was interesting to her that the conversation was started before. It is outdated information, however.

The commissioners discussed this housing project. They feel that due to the need for Ag workers in the area, the fact it is highly regulated labor force with strict requirements, and the large part Agriculture plays in the county economic factor, they are in favor of the project.

They do not feel the proximity to marijuana operations is an issue. The farm workers housing and workers are very much needed in the area considering lack of affordable housing. Commissioners DeTro and Hover are in favor of the housing project. They provided this comment to the city of Okanogan as they were holding a public hearing tonight on this.

Commissioners reviewed and approved the memo to the current expense department heads regarding their 2018 “Target” number is without use of a levy shift and is based on the percentage of actuals for each department over the last two years. It is intended as a place to start.

Review Meeting Minutes/Review Consent Agenda

Commissioners adjourned for the day at 5:01 p.m.