RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

June 6, 2017


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

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

Commissioners’ Staff Meeting
Josh Freel, Tanya Craig, Perry Huston, Joe Poulin, Lalena Johns, Albert Lin

Mr. Freel asked if his staff would be required to work the weekend before and the weekend after fair. The weekend prior to fair is a holiday weekend and staff would generate double time if asked to work, and there isn’t much budget to cover that expense. Mr. Freel explained the FAC likes to come in the weekend before to accomplish the final prep work for fair, but he doesn’t see why his staff should be in the office for that. Commissioner Hover will ask the FAC about it at their next meeting. He will suggest a schedule be completed showing when Fairgrounds staff would be needed so we have an idea how much overtime might be generated. Mr. Freel replied that he anticipates overtime during the fair as it is, but he doesn’t think the holiday weekend before the fair should be required.

Mr. Freel discussed the well situation on the grounds is good. He runs 30 sprinklers everyday but nothing over the weekend and nothing overnight. Commissioner Hover explained that Washington Tractor discussed with him the possibility of installing an underground sprinkler system. He would like get quotes for the entire system as it would be a more efficient way of irrigating. There could be some in-kind work that could be traded for some of the work to be done in phases. The RV Park might be a place to start the system. In the long run it would save money, but we need a quote for the system as a whole. The project budget could be set for the entire project then phase the work.

Mr. Freel has been receiving requests for Winter RV storage Ms. Craig said the county would not be responsible for stolen or vandalized property and the county would not accept the liability for damages. There is not sufficient security and oversite during the winter hours for such a service. Ms. Craig if the board did provide the storage a better contract would need to be drafted so the renters are very aware they rent at their own risk. If the board wishes to go in that direction, let her know. Commissioner Branch would like to go in that direction and Commissioner Hover would like to consider. Commissioner DeTro stated it is a small revenue generator but there really isn’t any out of pocket cost to the county. We get many calls about this service as there aren’t many available spaces for covered parking in the county.

The race track rails were discussed. Ms. Craig explained PVC was previously considered and it has issues as it gets brittle in the sun. Commissioner Branch asked about flexible materials. Commissioner Hover asked if a group formed an association and had their own insurance, would the county consider contracting with the association for use of the race track. Ms. Craig said she would be okay with that as a rental agreement and insurance would be in place freeing the county from liability. Mr. Freel said we do not have the proper grooming equipment to prep the track every time. The association would have to do the work with their own equipment. The Clerk of the Board asked how the county would handle the association if they began to charge others for use of the track. The charge for annual dues would be up to them, but they could not charge people to use the track only members could use the track under the contract.

Mr. Freel explained he is tracking costs for the new rental rates schedule and a draft proposal will be developed for commissioners’ future consideration.

A Beer Garden at the fair was discussed. Commissioners do not object to having the garden as long it is segregated and the Risk Manager comes up with an amiable liability policy. Director Huston suggested a resolution be approved to create a specific structure with boundaries by which the FAC follow for approval. Commissioners would like Ms. Craig to draft a resolution establishing an annual process for FAC beer garden approval.

Ms. Craig explained she has completed the changes to the draft Douglas County inmate housing contract and it is out to the parties for review. She said the Teamsters Solid Waste contract is about completed and the Camp Post contract is also drafted and being reviewed. Mr. Freel has someone on site ready to start as camp host once the contract is ready for signatures.

Mr. Poulin provided the board with the status on the Courthouse energy project. Piping is installed, and the second injection well has water coming out the top of it. That will be assessed. The water table is so high right now that it could be affecting the injection of water back into the aquifer. All internal piping will be done by next week and testing will proceed after that. The Jail is staying cool hooked to city water.

Mr. Poulin alerted the board about a drain issue on the North end of the Courthouse where a drain overflows onto neighboring property. It is the city’s drain and they have been notified of the overflow. The water comes off our parking lot and courthouse roof into the drain. The tile was installed by county, however. Commissioner Hover asked about the city’s storm water management plan. Commissioner Branch suggested we first be cooperative with the city. There could be stipulations in it for this.

Director Huston explained letters he drafted regarding Tonasket EMS District L&I tax payments. The letters were provided to commissioners for review and signature. Life Line Wayne Walker will be meeting with him to finish the values portion of the Tonasket EMS services contract. When completed, it will be routed to the commissioners for review and signature.

Mr. Lin explained he previously discussed issues with the board during executive session. If the board wished to discuss further he is available. The Contract with Douglas County Inmate Housing was discussed he is fine with the review copy.

The Clerk of the Board handed out her agenda. (attached) She went over the following items with the board: Fair Housing Resolution regarding Commissioners Office being the fair housing contact whereby the brochure and fair housing poster will be required to be displayed and the information provided in public buildings with a contact for additional information. This is a requirement for many Commerce grants the county has.

The old Veterans Van was returned. The VSO recommended it be turned into the outreach van for assignment. The County would assign it to the veterans outreach program instead of using personal vehicle for the outreach program. She recommended the previous resolution transferring it to North Valley hospital be rescinded. The sellers report was not authorized. The Van will need to be retitled with exempt county plates and paperwork for insurance provided through Tanya Craig.

Quad County NEWC meeting Proposed date Friday July 14 11:00 a.m. Pend Oreille County. Commissioners discussed that they would attend.

Clerk of the Board discussed her desire to develop simplified board meeting procedures for the board. (parliamentary procedures) She wants to reestablish departmental procedures for submittals using the agenda bill process so contracts are reviewed, signed and ready for commissioners’ signature as the last signatory, when possible. She would like to provide instructions to departments on common drive for the desired process.

The Clerk of the Board is taking Annual Leave Friday, June 9- staff will cover the office.

Update-Human Resources/Risk Management – Tanya Craig and/or Debi Hilts
Albert Lin, Laurie Thomas, Tanya Craig, Leah McCormack, Charleen Groomes

Ms. Craig explained the group received a resolution that was drafted by Mr. Rabidou setting forth how the Board would provide for the Jury Management position. The resolution was sent to the Board for review and Ms. Craig provided it to the above elected officials. The draft generated some concern from the elected officials so they are here to discuss. The draft resolution was not provided to the Clerk of the Board.

Treasurer McCormack stated her position. It is a matter equality and equity. Mr. Lin explained the value of the position was previously discussed with the board. Commissioner Hover replied it has been a very confusing issue over the length of time the position has been filled, with many resolutions being adopted signed since 2014. The precedence has been set on this. We have told other part time employees “no” to the county paying their full time benefit costs, and this position is part time with Full County paid benefits. Commissioner Hover asked how we take away the benefits once the precedence is set. Ms. Craig replied it has to be substantiated, in this situation it is because it isn’t in our policy for part time employees to be provided full paid benefits. Treasurer McCormack said when mistakes are made and you find them, typically they are corrected, but this position has been extended over the years with the overall thought of correcting it at some point. Mr. Lin is concerned because we are in current litigation and wondered whether this issue might be the next shoe to drop since it has to do with the same department.

Auditor Thomas explained her concern about the disparities with the position being at a grade 18, and other clerks performing similar duties are only grade 13, such as the District Court clerk. The current jury manager is performing the same duties that other grade 13 clerks are doing. A clerk is a clerk is a clerk and this is an instance why government gets a bad rap because what you get is based on who you know. We need to get the job descriptions laid out and on the same page.

Commissioner Hover read the very first resolution 62-2014 which included the adoption of job description tasks for the Judicial Assistants which the Jury manager is supposed to be crossed trained to do. Commissioner Hover asked what the recommendation of the group is. Clerk Groomes stated that due to being threaten by lawsuit she would not like the position back under her office because of that threat. However, the RCW says it may fall under the Superior Court. Treasurer McCormack would like consistency. Commissioner Branch understands the decision the board is faced with. There is not much support as is, by the board, and he doesn’t feel any support for the position as is. Commissioner Branch stated the positon be in accordance with the personnel policy by dropping the benefits. Further, Judge Short has not been consulted with in terms of the Trial Court Improvement fund continuing to support the position. District Court does not derive 50% equity on the services provided. Effective jury management should be provided to both courts. Auditor Thomas explained a resolution was drafted that basically stated the position stay within the county policy but set the position at 20 hrs. per week with some benefits, but Superior Court rejected it. That would be an acceptable resolution to offer. She further explained her part time position is provided part time benefits, but she has lost some good people because of the lack of benefits. This Jury Management position was specifically created around one person, and that is just not right.

Mr. Lin explained his concern with the current draft resolution as it provides that the position would be funded by Current Expense, allows full benefits for a part time employee against the personnel policy and what any other part time employees are allowed, and that one court derives more support from the position than the other. No one is indispensable. Commissioner Branch explained we should bite the bullet and do what we need to do and not give someone what we are not willing to give anyone else. He doesn’t want to kick the can down the road. Commissioner Hover said next week is the 6-month window for review and the board needs to either continue the position with reduced benefits or decide on something else. Ms. Craig explained how the courts might react to the decision if different than what they want.

Auditor Thomas explained the courts might complain about mis-trials happening if the position is not funded with full benefits and the person leaves the position. She stated someone should be cross-trained to learn the skills. Commissioner Branch reiterated that we just move forward. Treasurer McCormack said she appreciated the commissioners looking at all the resolutions and considering the fairness of the situation. Ms. Craig asked if the commissioners were okay with a 90 notice going to the employee. Commissioner Hover explained that it would give the employee time to get alternative insurance, and time to understand that the benefits would go away at a certain point, he was agreeable to the notice. Commissioner Branch is agreeable with that too. However, the Commissioners would like to meet with the Superior Court before providing the notice. The Clerk of the Board will set up a meeting between the board and Superior Court. Ms. Craig will develop a draft resolution dropping the benefits in 90 days and providing further for the position from Trial Court Improvement fund for the remaining period.

Albert Lin left the meeting at 10:43 a.m.

Continued Public Hearing Supplemental Appropriation Capital Improvements 134
Commissioner DeTro opened the hearing up to staff. The Clerk of the Board explained the amount of the supplemental does not exceed the approved contracted amount. This will put available funds into the expenditure line for remaining costs of the energy project. Commissioner DeTro closed staff and opened up for citizen comment seeing none he closed comment and opened up for commissioner discussion.

Motion Resolution 87-2017 Supplemental Appropriation Capital Improvement fund
Commissioner Hover moved to approve resolution 87-2017 a supplemental appropriation within the Capital Improvement fund 134 in the amount of $198,000. Motion was seconded, all were in favor, motion carried.

Update Public Works-Josh Thomson & Ben Rough
Josh Thomson, Ben Rough, Heidi Connelly, Members of the public Leah Arroyo-Green and her neighbors

Maintenance Road Conditions
Engineer Thomson explained Peter Dan Road issues and timeline for moving forward with the temporary repairs and a recommendation for permanent fix. An emergency contract would be suggested that would allow one lane to be cut through the slide for emergency use only. The lane would need to be maintained. Permission to place the fill down onto the slope side was obtained and that is good news and will help a lot with the second phase permanent fix.

Citizens who need to use Peter Dan Road came in to discuss the repairs. Ms. Arroyo-Green said she would like to help with whatever the county needs. She said her family owns property off the road and she offered it up as a place to put the fill. Engineer Thomson explained another arrangement has been made. She asked if there is anything they can do to help. The other man explained his concern about upcoming fire season and access being opened by then. It is necessary for residents and fire personnel to use this road.

Ms. Arroyo-Green asked about Buffalo Lake road repairs as it is the detour route used. It has been almost intolerable and hazardous. Engineer Thomson heard their concerns and further explained the plan for temporary fix of Peter Dan Road. The

Engineer Thomson continued with his maintenance update on several road issues.

FEMA ERFO and ER will not give any help with our flood damage due to us not meeting the threshold during the event timelines. A meeting will be held to see if the timeframes could be combined.

Sinlahekin Road
A plan to open up Sinlahekin Road to get it open in time for the ATV jamboree is happening on Thursday. An HPA is required.

Highway 3 3R, Tonasket Bridge South bids are recommended to be rejected due to cost being much more than engineer estimate.

B-3 and B-15 Bridge Replacements were discussed and those requirements are being worked on.

ER&R proposals. Grants available for lighting upgrades in the shops was discussed. Engineer Thomson explained the estimated costs out of pocket costs would be around $14,000 to $15,000 with an $11,000 rebate. More quotes would be needed before proceeding with the lighting changes, but if the board agrees with moving forward with the project there would be significant savings once the new lighting was installed. The board was in favor of moving forward with this project.

11:30 a.m. member of the public McCoy arrived.

No comments have been received regarding the proposed speed limit changes other than the Methow Valley News as they wanted to do a story on it.

Pit agreements continue to be secured for the different areas with good prices.

WATV map
Commissioner Hover stated Forest Service cannot meet with the board until July 11, and Director Huston appears to be taking the lead on this. Commissioner Branch suggested a commissioner or two meet with city councils in the north county to provide information such as a list of proposed roads and maps in order to generate comments. A special meeting might be held to get the information out to the city people. Commissioners would like Engineer Thomson to attend. The proposed date would be June 28 to meet with city of Oroville. Those dates work for the commissioners and Engineer Thomson to meet with the city of Oroville.

Mr. Rough asked the board for executive session to discuss matters concerning

Motion Executive Session RCW 42.30.110 (1) (g)
Commissioner Branch moved to go into executive session at 11:40 am for 20 minutes inviting HR Tanya Craig, Heidi Connelly, and Ben Rough to discuss review of performance of a public employee. Motion was seconded, all were in favor, motion carried.
Executive Session ended at 12:00. No decisions were made.

Commissioner Hover moved to adjourn for lunch. Motion was seconded, all were in favor, motion carried.

Commissioners convened the board at 1:30 p.m.

Citizens Comment Period
Brad Zabreznik, Gina McCoy, Laura Super, Carol Sivak, Tanya Craig

Mr. Zabreznik discussed the county allowing him and others to use the Fairgrounds race track to exercise race horses. He wanted to know if there was any way the county would reconsider.

Commissioner Hover explained if a race association was formed and insurance obtained and maintained the commissioners would consider a contract for use of the race track. He discussed track maintenance would have to be done by the association. The county currently cannot afford rail replacements as it would take around $180,000 and that would not serve everyone in the county. It is one of the items if funding where the county would be willing to budget for upkeep, but it would also take people in the racehorse community to help keep the track maintained. Commissioner DeTro commented that if an association is formed and insurance purchased, the association could use the track as is. The county is still using the track for fair races; we just cannot rent it to individuals. Commissioner Hover explained when he spoke to the Douglas County Fair they do not let individuals use their race track. Mr. Zabreznik explained that Douglas County actually gave him a contract for use of their arena and said it would also include use of the race track when completed. (attached)

Commissioners explained the liability issues they wish to avoid. Mr. Zabreznik asked if the county plans to groom the track every week prior to fair. Commissioner DeTro stated he would need to be worked out by the Fair Advisory Committee (FAC). Mr. Zabreznik would like a contract with Okanogan County like the Douglas County one for either $20 per day or $50 per month. In Ms. Craig’s opinion the rails is one concern but there are also big rocks that come up. Mr. Zabreznik said there is also a hard spot where everyone drives across the track. He asked if that could be stopped permanently.

Ms. Craig said if the track issues could be addressed first she would be more comfortable. The difference between the two tracks is very different. Waterville track is much better than ours and does not pose as much risk to the users. Commissioner Hover asked Ms. Craig to look into what a set standard is. She said our track we can openly see the issues we have, but if we mitigate that she would consider it if it was brought up to a reasonable state. The county might reconsider if the track was brought up to a better condition.

Gina McCoy member of the public discussed her comment about the documents on the Shoreline master plan. She believes the technical opinions are flawed particularly the shoreline characterization is outdated incomplete and there is up to date information that is not incorporated and best available science has moved on from 2006 data. The methodology and data gaps skews the results and leads to the conclusion that streams are better than they actually are. She is referring to the characterizations. There is much info that could be plugged in that would change the findings. Commissioner Hover asked what could be added. She analyzed the problems and she could sit down another time to go over those. The no net loss is based on having all the restorations going on to add to the mitigation. Contractors may not pay the mitigation costs. It doesn’t come across that those issues have been considered.

Public Hearing Supplemental Appropriation Jail
Commissioner DeTro opened the hearing up for staff. The Clerk of the Board recommended the hearing be continued to 4:00 p.m. Commissioner DeTro opened the hearing for citizen comment, seeing none he opened up for commissioner discussion.

Commissioner Branch moved to continue the hearing for Supplemental Appropriation within the Jail fund to 4:00 p.m. today. Motion was seconded, all were in favor, motion carried.

Public Hearing Supplemental Appropriation Jail Commissary
Commissioner DeTro opened the hearing up for staff. The Clerk of the Board recommended the hearing be continued to 4:05 p.m. Commissioner DeTro opened the hearing for citizen comment, seeing none he opened up for commissioner discussion.

Commissioner Branch moved to continue the hearing for Supplemental Appropriation within the Jail Commissary fund to 4:05 p.m. today. Motion was seconded, all were in favor, motion carried.

Discussion – Shoreline Master Program – Perry Huston
Angie Hubbard, six members of the public who did not sign in.

The shoreline master plan Dept. of Ecology comments were reviewed and discussed. Ms. Hubbard provided the draft and comments via projector so everyone could observe.

The 14th of June is when Ecology is meeting here in Okanogan County again.

Continued Public Hearing Resolution 94-2017 Supplemental Appropriation Jail
Commissioner DeTro opened the hearing up for staff. No staff commented. Commissioner DeTro opened the hearing for citizen comment, seeing none he opened up for commissioner discussion.

Motion Resolution 94-2017 Supplemental Appropriation Jail
Commissioner Branch moved to approve resolution 94-2017 a supplemental appropriation within the Jail fund in the amount of $17,900. Motion was seconded, all were in favor, motion carried.

Continued public hearing Supplemental Appropriation Jail Commissary Fund
Commissioner DeTro opened the hearing up for staff. No staff commented. Commissioner DeTro opened the hearing for citizen comment, seeing none he opened up for commissioner discussion.

Motion Resolution 95-2017 Supplemental Appropriation Jail Commissary
Commissioner Hover moved to approved resolution 95-20174 a supplemental appropriation within the Jail commissary fund in the amount of 4,000. Motion was seconded, all were in favor, motion carried

Approve Consent Agenda
Commissioner Hover moved to approve the consent agenda items 1-7, as presented. Motion was seconded, all were in favor, motion carried.

1) Meeting Minutes May 30 & 31, 2017
2) Agreement - LTAC - Rally at the Border
3) Contract Recommendation – Highway 7 (Bridge South) Public Works
4) Contract - Central Landfill Janitorial Services – WBD Janitorial, LLC
5) Amendment – Homeless Housing Funds – OCCAC
6) CDBG Fire #15 Environmental Review Tier I Determination of Categorical Exclusion 6-E NEPA
7) Resolution 93-2017 Fair Housing Policy and Contact Designation

Commissioners adjourned the meeting at 5:00 p.m.