RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

JULY 31, 2017



The Okanogan County Board of Commissioners met in regular session on July 31, 2017, 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.

Review Consent Agenda
Commissioners reviewed and discussed the consent agenda items.

Briefing Among Commissioners- Discuss Individual Weekly Meetings & Schedule
Commissioners discussed the August calendar and made note of which commissioner would be away on personal time. The commissioners discussed budget items and requests to identify how to address those in the near future.

Public Hearing – Supplemental Appropriation – Liberty Woodlands – Public Works Josh Thomson
Commissioner DeTro opened the hearing up to staff. Engineer Thomson explained why the supplemental was needed. There are funds to appropriate for the repairs. Commissioner DeTro closed to staff and opened up to public, seeing none, he closed to public and opened to commissioner discussion.

Motion Resolution 130-2017 Liberty Woodlands Sewer Fund
Commissioner Hover moved to approve resolution 130-2017 a supplemental appropriation within the Liberty Woodlands Sewer fund in the amount of $34,000 for repairs and maintenance. Motion was seconded, all were in favor, motion was carried.

Commissioners adjourned for lunch at 11:50 a.m.

Commissioners convened at 1:35 p.m.

1:25 p.m. Members of the public Salley Bull taking hand written notes and Isabelle Spohn taking notes on her computer.

Update – Planning – Perry Huston

Capital Improvement Plan
Director Huston explained the Capital Improvements letter was drafted with the additional language inviting the cities to coordinate with the county on projects that have some overlap. The letter would be sent out to the department under his signature.

Nightly Rentals
Business license requirement insertion code section will be walked out of 270 over into the business license section. The planning commission would create an annual business license. Vesting of legal preexisting identified in 2005 as the date for that. He has prepared a resolution to adopt that puts it into review pipeline. That will be sent over for review. Section 506 is where that section would be placed. Commissioner Branch stated that section should be reviewed at some point.

Cannabis Operations
A resolution was drafted consistent with the commissioners’ direction to amend previously approved moratorium resolution 103-2017 to remove language that includes retail sales of marijuana, and defines the term expansion of existing growing operations, and set the public hearing date to August 21, 2017 at 1:30 p.m. Commissioners discussed the processing of marijuana products and what is considered under that definition. All of it falls under the CUP.

The reason for the moratorium is really the zoning conflicts the board has heard about.

Commissioner Branch is wondering what the perceived impacts are for cannabis operations. Impacts include Hours of operation, parking, industrial packaging, etc… Commissioner Hover stated he is not anti-cannabis operations, he is for good planning process. Commissioner Branch explained the operations were allowed in every district without consideration. Director Huston will look at the general buffer of the operations that would be applied everywhere. The second tier to look at would be to look at what is not allowed in certain zones. Commissioner Branch asked about the minimum requirement district but now is R1, R5, and R20 and were permitted some different uses. That change happened with the interim zoning. He asked who was on the advisory committee at the time that zoning was approved. Those advisory committee members made recommendation. He wants to ensure there is a connection. The third party can confuse the issue. Commissioner Hover hopes some self-regulation comes out of it. Light pollution was discussed and that it cannot be compared to growing alfalfa. Security lighting is an issue too. Commissioner Hover doesn’t know but maybe a dark sky ordinance should be applied. It is a rural way of life to be able to sit on your porch at night and not have everything lit up like a Christmas tree. If someone purchased land near other industrial activities they would understand those impacts exist. Commissioner Branch discussed businesses are also being impacted by the operations. Commissioner Hover doesn’t want to rush to make poor choices.

Motion Resolution 133-2017 Amendment Cannabis Moratorium
Commissioner Hover moved to approve resolution 133-2017 regarding amending the moratorium set by resolution 103-2017, setting the public hearing to August 21, 2017 and taking out the language “or sell” which removes the applications for retail stores. Motion was seconded, all were in favor, motion carried.

OCC 20

OCC 17A.400

Shoreline Master Program
A clean draft was provide to the board with the changes discussed. The next step would be to send it back to DOE for their review. Commissioner Hover asked if it was ready. Commissioner Branch wants to compare it to the two designations and subdivision language for certain shoreline areas that offered protections by other developments. He saw and issue that may be a problem is the cumulative impacts analysis designations included those in it. He would like to revisit those designations to see what those turned into. He doesn’t want to see push back on the subdivision prohibition. He will go over those with Planner Angie Hubbard. He is certain the provision for subdivision is there.

Voluntary Stewardship Program
The decision of the RFQ still needs to be made.

Director Huston explained a letter he drafted to USFS to discuss and coordinate on the following issues:
The list of subjects to would like to cover is:
1) Grazing
2) Back country livestock packer permits
3) Travel Management Plan in particular Wheeled All-terrain vehicles
4) Forest Management Plan and forest health
Timber harvest
Road de-commissioning
5) Law enforcement on USFS land
Smoke Jumper Base

Commissioners added to the cc list and additional items to be coordinated. A new draft will be reviewed for signature.

Dept of Ecology has confirmed their availability to discuss the Hirst Water issue with the commissioners.

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 Church who owns the little house has an agreement with the district, had called Life Line to meet with them about the arrangement. However, the agreement is with the district and that seemed to cause confusion with the church people.
Commissioner Hover moved to approve the Voucher certification and authorize the Tonasket EMS District vouchers to be paid in the amount of $192.70. Motion was seconded, all were in favor, motion carried.

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

Lake Management District proponents will be here to make presentation at 4:00 p.m. The commissioners discussed a date and time to continue the hearing to allow for the hearing to take place in North County at the Oroville City hall. Commissioners discussed the costs for the creation of the district being the responsibility of the district should it be approved. Director Huston will find out if there is information about how those costs might be handled.

The Director concluded his agenda.

The Clerk of the Board asked the board if they had any questions of Ms. Salley Bull as the board is considering her for appointment to the Board of Equalization. The commissioners thanked her for her time and willingness to serve.

Commissioner Hover discussed Fairgrounds equipment needs. It will be brought up at the Fair Advisory Meeting. The money left over from uncashed premium checks will be discussed and possibly used to help pay for the needed equipment rental.

Public Hearing – Lake Management District – Perry Huston
County Employees Anna Lyon, Leah McCormack, Pam Johnson, Dee Wood, Perry Huston, Lauren Davission,

Members of the public Salley Bull, Arnie Marchand numerous others who signed in. Isabelle Spohn taking notes on her computer

Commissioner DeTro opened the hearing to staff. Director Huston provided materials to the board and the clerk of the board for the record that shows what is proposed. (attached) Petitions from the land owners and high points in statute RCW 36.61. Director Huston explained the board has already adopted a resolution of intent on the proposal to create a Lake Management district in order to create a funding mechanism to pay for the costs of managing the lake Osoyoos. The statute outlays deference from other agencies and no comments have been received from them. He will reach out to them. The task today is to determine the properties as proposed will benefit from their inclusion. They may reduce the size if properties are found not be to benefit. The commissioners may not expand the district.

The proponents are here to discuss the proposed.

Ford Waterstrat discussed the lake and having used and played in it as a small boy. There are milfoil patches that get caught by people swimming in the water and has caused drownings. Milfoil will always be a problem on the lake, but it can be managed. Mr. Waterstrat explained how treatment would be applied and what kinds of chemicals would be used. There were no adverse impacts to human health by the chemicals. They hope the lake can be reclaimed by the ravages of milfoil and provide water safety and habitat for water species.

Director Huston provided a map via projector of the lake with the proposed boundaries. The budget would be collected over 5 years. Specifically property of veranda beach was excluded as they already have an aquatic program in place by homeowners. The commissioners’ task is to determine who will be benefited by this and those within the boundaries would be mailed a ballot. Majority vote determines if the district is created or not. The proposal is for a five year lifespan with the budget being $180,000 to be collected.

Commissioner Hover asked about the primary criteria for section of those. It was made of those most benefited by the district. Mr. Waterstrat explained the secondary homes that are not waterfront. Some is public property and on the south shore of boundary point. Commissioner Hover asked if the primary would be charged 70 dollars and the secondary 60 dollars. Director Huston stated the proposed assessments are included in the packet. Mr. Waterstrat said yes.

The proposal states verifiable access to the water determined primary and secondary. The people that own property near the pond do not access the lake from it. The pond is owned by the city and is in the city. No milfoil appears to the pond, but access from the lake is difficult and could be a reason why there is no milfoil there. The city is included in the assessment. Commissioner Branch asked if the plan is adaptive and integrated pest management plan and can be changed. Mr. Waterstrat discussed DOE grants that helped to treat the lake, with this program it would be more adaptive because the pump house stations warrant different application. The weevils were discussed as a way to manage the lake, but it doesn’t work because you cannot transport milfoil which they need to stay alive during transport.

Commissioner Branch asked about the district paying for the cost to create the district and whether that can be incorporated into the overall costs. Mr. Waterstrat explained it should be figured in but he did not know what that cost would be.

Commissioner DeTro opened up for public testimony stating there would not be a time limit on the testimony.

Lee Chapman chair lake association explained research showed not much cost to the county other than the administration of the district but the Noxious weed department may do that. The county would be the treasurer of the district and other than that there would not be much else for the county to do. It would be like a Jr. Taxing District.

David Clutz contractor servicing Okanogan County working with aquatics. Started working with Anna Lyon on the applications on several lakes. He has experience working with several lake groups. Other LMD’s have been found to be very successful. There are some common area not everyone wish to pay for but the LMD does help. He cautioned considering other potential problems invasive pragmities. Yellow flag iris is also a concern and suggested a program to control it through the LMD. Invasive mussels would also be covered. The relationship with Canada is important there too. They are pushing for herbicide use. If we can successfully show them we can control without they might be convince to use it too. Clipper herbicide is a good product as well as others that can be used near irrigation systems.

Tamera Porter testified. She lives on Deep Bay and works real estate from her boat. Since she lives on the lake she has a pontoon boat and is on it very often all year. She sees the changes and supports the LMD. She has seen what has happened on the lake when the two grants were used and it made such a difference. She can get in front of many lots to show off the real estate but the milfoil is a problem. She is concerned about having enough money she is a primary and secondary property owner. She sees lots of license plates from all over the place that come onto the lake with green stuff on their boats. There is a benefit to everyone. If the program is successful maybe the people on Spectacle Lake will treat their lake. She welcomed any of the commissioners onto her boat to see what the past treatment successes were and to observe the lake.

Bob Rothrock manager of the white stone reclamation district is a proponent of the LMD. The milfoil has established itself in all the public waters. They have worked with USDR has handled the herbicides. Spectacle Lake has established a control system for the milfoil there. Documentation of the chemicals had to be collected, but overall the change in the water quality has changed for the better with better visible and nutrient levels and fish. Better quality water has allowed additional milfoil to come in. He is here to listen and his concern is going to be a county issue on all the lakes. The public uses all the lakes in the county when fishing or water skiing and it is being spread lake to lake. The long term resolve is a concern. He discussed the different applications being used this fall. Taxes are high but if someone wanted to sell their place the milfoil is going to play into the salability of their property. He thought putting it on a tax base to control the problem long term would be a future discussion as it will always be there. It is to the point we can privately take care of the lake for the public he doesn’t think so it is a county wide issue that will need to be considered. If someone drowns who is responsible? the land owners, the county, the district?

Debbie Smith president of Champerty Shores. Improvements to the lake with t he treatment so far. There are 28 lots in her community and only can be treated. By designating them as primary they are not getting what they need because they are right up against Canada plus an irrigation. Their beaches show hundreds of pounds of it all the time. They pay for it to be removed and comes out of cost. Is there anything in the proposal to remove it from the beaches. They need more information and applaud the efforts and their property values would be hit if nothing is done. Fee base was suggested.

Anna Lyon Noxious Weed control board supports the formation knowing it is not the total solution but it will help. The cost is high, but nothing else will keep the water clear like herbicide. There needs to be some mechanism to treat throughout the lake. Not every spot will be treated. There is a 1300 buffer strip that was negotiated during the first applications. She is working with Canada to hopefully push the buffer closer. The water issues in Okanogan County is extreme. There are seven lakes on the permit and a huge basis for having an aquatic program and provide water safety. It would be nice to see other kick into providing funds and education.

Commissioner DeTro stated testimony was completed for this meeting and opened up to staff.

Director Huston asked the board to deliberate and asked if staff could gather information that would help with the decision. Commissioner Branch stated it has been brought up before whether or not the county could issue a permit that boat users must buy that would help control evasive species. There is a lot more a LMD could address if it is established. Can the county collect a boat fee to help with the costs? Commissioner Hover asked if the 1300 buffer line could be shown on the map so the board can see that on the map. Ms. Lyon explained she is working on pushing that back with the provincial government of Canada.

Commissioner DeTro encouraged everyone to become familiar with weeds across borders and is part of where the cooperation with Canada will come from. He believes this is a good tool and a good starting point even though it isn’t a complete solution. There is nothing in the law that shows the LMD would be governed by anyone other than the commissioners. There is no provision for appointing a board or what that membership consists of so it falls under the commissioners. There are some examples of other district that are supported in the law. Commissioner DeTro would like some research done on this.

Director Huston explained what the LMD as proposed would collect and for how long. If the board wishes to expand the boundaries of the LMD then we would need to republish and hold another hearing for the expanded boundary. Commissioner Branch asked if there was a possibility for the Noxious Weed control board. Commissioner Hover said his district has milfoil but not to the same extent. Is that something the weed board is looking into. Ms. Lyon stated yes. Patterson Lake had a problem and Leader Lake too but those were voluntarily controlled. All the lakes will have it elevation does restrict the spread. Commissioner Hover stated there isn’t a lot of privately owned shores that would pay for the control. Commissioner Branch sees this as a way to begin the control, and he supports those who are paying attention to the issues.

Director Huston discussed the suggestion of a continued date of the hearing.

Motion Continue the Public Hearing for Proposed Lake Management District
Commissioner Hover moved to continue the public hearing to August 29, 2017 at 6:00 p.m. in the City of Oroville’s council Chambers so that people in the area of the proposed district can participate. Motion was seconded, all were in favor, motion carried

Review Meeting Minutes

Commissioners adjourned for the day at 5:20 p.m.