RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

JULY 3, 2017

The Okanogan County Board of Commissioners met in regular session on July 3, 2017 with Chairman Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board Present
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 9:05 a.m. for 30 minutes inviting Risk Manager Tanya Craig, County’s special appointed Attorneys, Previous County Commissioners Sheilah Kennedy and Ray Campbell. Motion was seconded all were in favor, motion carried.

Commissioners announced at 9:35 a.m. that another 30 minutes were needed.

Commissioners announced at 10:05 a.m. that another 10 minutes were needed. Commissioners exited executive session at 10:15 a.m. no decisions were made.

Briefing Among Commissioners Discuss Individual Weekly Meetings & Schedules
Commissioners discussed their meeting schedules. Commissioners discussed the marijuana operations moratorium and current zoning regulations for certain land uses.

Commissioners asked Deputy Treasurer Pam Johnson to come and discuss the possibility of funding a new well for Fairgrounds from the Capital Improvement fund. The well need is identified in the Capital Improvement plan but no REET money was identified for this purpose. The plan generalized that the General Fund and other revenues be used. Commissioners requested more information on Capital Improvement scenario. Ms. Johnson explained the Bond obligations that are required to be paid from the Capital Improvement fund. She explained what the cash on hand and investment balances were. She believed there was approximately $150,000 available after all obligations.

Commissioner Hover asked what would be needed from the board to authorize use of the funds. Ms. Johnson stated a supplemental would be needed. The Clerk of the Board replied that the Capital Improvement plan would need to be amended also to include use of REET funds for the project.

Public Hearing –Supplemental Appropriation District Court
Commissioner DeTro opened the hearing up to the public seeing none he closed to public and opened up for commissioner discussion.

Motion Resolution 1100-2017 Supplemental Appropriation District Court
Commissioner Branch moved to approve resolution 110-2017 a supplemental appropriation within the District Court budget in the amount of $6,000 for jury witness fees. Motion was seconded, all were in favor, motion carried.

Commissioner DeTro closed the public hearing.

Ms. Craig updated the board on a case the Risk Pool will cover. She came in to ask whether the board would agree to have Attorney Sandy Mackie step aside his involvement on this land use case, which actually falls under the Risk Pool coverage and under our deductible. The commissioners agreed that since the Risk Pool will cover this case that Mr. Mackie would not be needed.

Director Huston stopped by and the board asked him to look into the Fairgrounds water right to find out if there was one and what kind it is.

The board adjourned for lunch.

Update Planning-Perry Huston
Char Schumacher, Dan Higbee, and member of the public Gina McCoy taking notes on her computer.

Director Huston provided the board with the Certificates of Water Right and Water Right Claim for the three Fairground wells as requested. (attached)

OCC 20 Closed Basins
A request for Public Hearing on one of the water certificates for building permit from the Yakima Nation was received. August 10 is the proposed date for the hearing. Director Huston has not contacted them yet as he wished to discuss this issue with the board first. Hydrogeologist is not his profession but he does understand how to apply case laws, WAC and RCW’s. He presented WAC 173-548-050 and discussed the section on closed basins which specifically brings in exempt wells and there is no question to that in 90.44.050. Commissioner Hover discussed main stem tributaries in the Methow. Commissioners are comfortable with the direction this is taking. Commissioner Branch stated because the way the law is argued he is still unsure that this is right. He asked if there is another basin like this where the 2cfs rule is applied. Director Huston did not think so, but explained how this might be applied.

Director Huston stated citizens are getting cranky because the county permit process is taking too long. He will get together with Attorney Lin.

OCC 17A.400 draft interim controls identification of study area was discussed. As written it would allow issue of an individual water certificate. Commissioner Branch stated the proposal would allow more information to be gathered and no new lots would be allowed. Commissioner DeTro explained we only have 17% of the county that can be developed and he recommended we keep that in mind. Commissioner Branch stated the county’s economy is based on construction of homes and asked if the county will continue to support that. Commissioner DeTro said the Wolf is the tool being used for getting all livestock off all public lands. We cannot have a production economy if we have nowhere to graze the livestock. Commissioner Branch said it is based on a production economy. He is looking at an economy based on construction, but continuing to slice up the land in order to continue the economy is part of that. Director Huston explained the processes for adopting changes. Interim controls were discussed.

Director Huston discussed drafting a white paper to lay out some things such processes for approval that will speak to the Whatcom Hirst in terms of new exempt wells.

Director Huston explained he does not have a planning commission and asked how the board wished to gather member for the three open positions At Large, District 1 and District 2.

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

The Trauma License renew packet was submitted for renewal and it is in the process for evaluation. The missing Tonasket ambulance has not been found, so we are still looking for the Ford Econoline. He will track down Jeff Cravey to ask if he recalls who it might have been sold to.

Commissioner Hover moved to approve the Tonasket EMS voucher in the amount of $102.99. Motion was seconded, all were in favor, motion carried.

In terms of the Life Line Contract, Director Huston suggested yarding out the discussion of new buildings and land and just go with the current scenario, then amend later once we discuss how to handle the buildings and land. It was felt that Life Line was okay with the draft. Director Huston explained a scenario about a different site. Commissioner Hover wants to ensure all avenues of a new piece of property be exhausted first, because there are obstacles to staying on the property as it is. The contract would be for 7 years. Director Huston reminded the board we cannot fix the audit issues until we get into the long term agreement. Commissioner Hover asked about the city’s first right of refusal and how the value of a remodeled building plays into it. Director Huston intends to sit down with the city to go over the details with them on how to address any new construction on the site. He recommended the board sign the agreement with Life Line as soon as possible.

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

Director Huston stated in working with the Treasurer it appears we can accept an offer for the county property the Church requested.

The Lake Management District was discussed. The publication for that hearing must be published for two weeks in a general newspaper of general circulation. The adoption of the resolution would require boundaries and assessment and a follow up with the property owners for membership votes. He explained the proposals for the different assessments on the lots that would be collected annually for five years. The proposal recommends the district be dissolved within five years. Commissioner Branch asked if there would be any impacts to other districts in the area. Director Huston has not done that research yet. Costs and budget for the work will need to be discussed at a future date. A hearing date will need to be considered. The resolution was prepared for signature with a hearing date of July 31, 2017 at 4:00 p.m.

Director Huston and the board continued their discussion about the Shoreline Master Program. They discussed setbacks.

Commissioners further discussed marijuana producers and processor complaints that have been received. Commissioner Branch would like to look at potential rules and let the producers and processor take a look and asked them for input to help guide the conversation in order to avoid duking it out. Director Huston stated the primary task is to get past the arguments and get to the schematic. In terms of the actual requirements is seem vague and so does the county need more specifics. The big one is amortization and do we continue with ta bright line approach or reach back. Commissioner Hover asked if legally a notice can be placed to form a committee asking for memberships from each commissioner district. Director Huston thought it should be broken down into the different interests and how do you wish to vet them with letters of interests stating their qualifications. Commissioner Hover would like to have four marijuana producers and four non producers.

Discussion –Private Property-Terri Swenson
Ms. Swenson explained she owns two pieces of property near the courthouse complex and she knows the county’s expansion plan would include properties near the complex. She wants to offer the property to the county first for fair market value before putting it on the market. She is thinking about retiring in about two years and would like to privately negotiate a value with the county. If the county bought she would want the house and garage torn down and not used for county purposes. The area was rezoned in 1985 from residential to commercial by the city. Commissioner Branch explained another property the county was trying to purchase in the 1990’s that was residential, but the county wanted it for parking and the property was not zoned for that use. The planning commission at the time did not approve a rezone. Commissioners discussed the Capital Improvement plan which does include parking lot expansion.

Review Meeting Minutes
Commissioners reviewed the meeting minutes of June 26 and 27, 2017. The board offered corrections.

Motion Resolution 111-2017 Intent to Create Lake Management District
Commissioner moved to approve resolution 111-2017 the board’s intent to create a Lake Management District and set a public hearing for July 31, at 4:00 p.m. Motion was seconded, all were in favor, motion carried.

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 regular vouchers in the amount of $123,574.70 and Payroll vouchers in the amount of $988,951.94. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Approve Consent Agenda

Commissioner Hover moved to approve the consent agenda items 1-4 as presented. Motion was seconded, all were in favor, motion carried.

1. Commissioners Proceeding June 26 & 27, 2017
2. Appointment Letter – Planning Commission –Salley Bull
3. Resolution 108-2017 Reclassifying Part time Recording Clerk Auditor’s Office
4. Resolution 109-2017 Surplus Caterpillar D6 Dozer

Board ajourned at 5:00 p.m.