March 14, 2017

The Okanogan County Board of Commissioners met in regular session on March 14, 2017, with Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board present.

Commissioners convened the board at 8:15 am

Member of the public Emily Sisson, taking notes
Discussion – Sales Tax Issue – Superior Court Judge Rawson & Dennis Rabidou
Leah McCormack Maurice Goodall, Mike Worden, Judge Culp, Judge Rawson, Dennis Rabidou, Kevin Bowling, Shawn Davisson, Craig Attwood, Mayors of Omak and Okanogan

Director Huston led the discussion about the several funding issues for capital improvements projects for Juvenile Detention center, Jail, Communications, and Criminal Justice.

Director Huston listed several options and discussed what each of them would provide.

Currently collecting

Available but not collected
82.14.350 .17% Juvenile Detention
82.14.420 .1% Communications
82.14.450 .37% Sales Tax County with 2 cities collecting already. 1/3 would have to be used for Criminal Justice and/or Fire. Director Huston is looking for direction all are voter approved.

Judge Culp did not have any observations as he isn’t sure if he agrees or disagrees. He thought there was one tax that was councilmatic that would be 82.14.340 criminal justice tax that we collect he thought there was at least .2% remaining that could be collected. The process several years ago started by OBHC executive Roger Bauer initiated the .1 of 1% sales tax RCW 82.14.340. Commissioner Hover asked what that could be used for. Mr. Rabidou read from the statute of what those funds could be used for. He did not think the statute, 82.14.340 was subject to referendum. Director Huston thought that it could be increased. Treasurer McCormack is not sure about that. Director Huston explained RCW 82.14.460 is what is used specifically for courts and we collect that already but we might not be collecting all we can. City of Okanogan Mayor stated the city is also considering the tax, he agrees but we must decide to do it so we can get behind it. The school district had a tough blow of it. Because of the retail sales tax he thought it would help support his infrastructure. We appear to be maxed on 82.15.460 and 82.14.340.

If a GO bond is done to provide for the facility infrastructure we could put that sales tax in place to pay for staffing. Commissioner DeTro replied the city of Okanogan already collects some of the sales tax as does Winthrop. The combined cannot exceed .3 of 1%. It is not clear what portion is for county and what portion per capita is for city, we will need to figure it out.

Commissioner Branch asked what the cities wish to pay for. City of Omak stated cops and current expense and however the council saw fit. They figure it would be around $175,000 revenue if the county initiated but if the city implements, 15% would have to go to the county that would be only $130,000 for the city. The city’s car sales make a huge difference. The city would make about 60% more if the city implemented. Commissioner Hover stated the Juvenile detention center and Communications center are huge priorities for the county.

Commissioner Branch asked if the cities are willing to leverage the taxes and whether there is contribution from the formula they would be able to contribute to in order to leverage the dollars for capital facilities for the county jail and communications having not visited those infrastructure issues that we jointly enjoy. Of course talking to council about it would be necessary. These days, our only outside contract for the jail is Douglas County and they understand the problems, have visited and are ready to help out. They wanted to see what kind of capital facilities projects we need for the jail and would be willing to raise their contracted bed rate to help. It would also have to do with the success of the tax issue, we are at that table and need to talk about those positions. There was some difference in opinion about whether a fire Marshall is really needed. Mr. Bowling explained the situation and stated the benefits; fire prevention, state mobilization liaison between local department and the state mob folks because you always need someone to go between and to him it is huge. Some enforcement would be done but would not their main thing. The fire Marshall would be directed by the county, it was assumed. Commissioner DeTro sits on the Wildland Fire Committee with the state fire marshal. One stance is that the state provides all the necessary support the county needs, but on the other side he is careful because an over aggressive fire marshal could adopt fire code which would put people like Rawson’s out of business. A fire marshal could evaluate egress and ingress on properties, but in the midst of the 2015 fire the old Cunningham house would have been let to burn up with a fire truck sitting on the driveway because they refused to go in due to no ingress and egress. A local resident went in and had to save it instead.

Director Huston tried keeping the group on task.

Dennis Rabidou stated he was confused because he thought other counties were collecting more than .1 of 1% of the Therapeutic Courts sales tax and that answer may help with what direction we go. He wished he had brought his chart. He will work with Leah McCormack to learn if that tax could be increased. Commissioner Branch explained the proposal isn’t in order until a common understanding of where everyone stands is reached. If we choose a voted tax and collectively have a plan to market it that could affect its success. Commissioner Hover stated he likes 3/10 of 1% with flexibility to put into communications. It would be best if the cities were behind it. 5/10s is pretty high. Commissioner DeTro replied our 911 system is overloaded, at a critical point and that is an extreme need to everyone in the county. The county residents made the decision to support the kids staying here, but he’s not sure about the 3% marketing strategy and whether bundling or keeping them separate issues would be best. Since the county residents went for 4/10s of 1% for the Transportation tax then realized later what the actual cost was, he is not sure how they will take this even though these are definite needs of the county. Leah McCormack stated that transportation tax was set up for .1 of 1% and many residents did not understand and were disappointed when they found it out is was much higher than that. It seemed a bit greedy.

Director Huston asked what staff needs to do to facilitate the discussion with these folks? We to prioritize the issues. Mr. Worden attended the OCOG meeting last night to start the discussion about the communications issues and did not get a feel for what the cities thoughts were about the proposal and issues. Commissioner DeTro felt many were in consensus. City of Okanogan stated if they have to give money up then they have to make a decision about that, but they are open to the discussion but would need some more details. Commissioner Hover replied that we have a Jail and Juvenile center that are aging badly and last year much of the community said they wanted to keep Juvenile center here, so we must support that monetarily. We do not have the money to put $300,000 per year towards the repairs it needs. With the communications issues, the cities should understand how critical a communication system is, but it is hard for him to put 5/10s on the ballot. Leah McCormack explained some school bonds that were not approved and some of those tax payers are livid over the bonds that did pass. Commissioner DeTro rebutted that this isn’t a property tax issue it is a sales tax issue and is easier to sell because everyone pays and much comes from outside the county.

Judge Culp asked about security and whether funds are earmarked for that, as he literally had a department head who asked what they do about people who come to the courthouse with guns and knives. The courts know people are coming into the courthouse with weapons. Mr. Rabidou said Juvenile is important but the courthouse needs attention too. There are multiple county issues that would have been addressed by the $19 million dollar proposal of several years ago. Commissioner Hover stated we must come up with a strategy and decide how to divvy out the money and prioritize. Today we are talking about ballot issues up to 5/10s of 1% do we sell one over another how will the cities benefit. Director Huston stated Property tax is not out of play as long as we do not go over our levy lid with a GO bond.

Judge Culp would like the answer to one question before moving forward. He suggested forming a committee of city people and county people to figure out and come back with a plan. Without their support it won’t likely be a real deal. City of Omak would be interested in the .3% and feels the cities would benefit most from that one. The Treasurer and Mr. Rabidou will look into the 1/10 of 1% sales tax to see if that could be increased.

Director Huston would like to be cc’d any information which is sent to the commissioners about this. He will also provide some organized information to the Board next week during his study session.

Mr. Rabidou approached the podium to discuss courthouse safety and said there is no system in place to provide a place for people to safe keep their guns or knives when they come to the courthouse.

Update – Lobbyist Potts
Commissioner DeTro talked to Mr. Kennedy on the phone when he called and informed him the Sales Tax discussion would be going over and canceled the conference call update.

Commissioners’ Staff Meeting
Albert Lin, Josh Freel, Tanya Craig, Perry Huston Member of the Public taking notes.

Ms. Craig discussed the Fairgrounds staffing needs and how that budget information will be compiled for a decision. Commissioner Hover stated the Fair 112 budget did not budget for staff, but the facilities 127 budget did. Director Huston reminded the board of the current projects the facilities budget and capital improvement budgets are obligated to pay for. Part time staff is expensive. Commissioner Branch reminded that the Fair pays rent and should support the costs to do the fair. The percentage breakout for this might require more evidence and might be more complicated to figure out and justify. It doesn’t have to be.

Director Huston reminded the board that PS&E would need to be contracted for in order to continue with the Grandstand’s project. Estimates were provided to him for the project and he will provide those to the board. The funding source will be need to be identified.

Commissioners discussed the Tribes interest in the Fairgrounds to help the county pay for certain improvements. Ms. Craig warned the County Risk Pool has verbally weighed in and they had concerns. She discussed their concerns. Commissioner DeTro saw a partnership with the Tribe as a benefit because they do have money. How does the partnership work if the county government owns the property? Director Huston replied it comes down to contracting with a tribe and it is much different than contracting with anyone else. Mr. Lin said the Tribe would have to agree to be sued or indemnified in some way. Commissioner Hover said the county is not going to take something on that will cost a bunch of money. The partnership would have to identify who does the EIS, who takes on the liability, and the heavy traffic in and out of the fairgrounds on county and state roads.

Josh Freel updated the board that an RV camper was camping at the fairgrounds even though the RV campground was obviously closed. They were even plugged in to the power. Commissioners would him collect the camping fee and let them know they are trespassing. Mr. Lin recommended the Sheriff Deputy contact the campers to advise them they are trespassing and ask them to pay the camping fee. If they persist a sheriff deputy should have them removed. We have the right to pursue criminal charges if they do not comply nicely. Mr. Freel stated if they pay and go that would meet the commissioner expectations? The commissioners stated yes.

Commissioners discussed and reviewed the OK FiberFestival request for a reduced rental cost for the Agriplex lease for their May event. The request is attached. Director Huston is not sure who figured the fee out before or for this year’s rental. Commissioner Hover stated he is coming up with $3600 in accordance with the fee schedule, but the Fiberfest people are asking the county to reduce a $4,600 fee. The commissioners would like to invite Ms. Eberhart to discuss their request with the commissioners. The Clerk of the Board invited Ms. Eberhart to a meeting of the Board next Tuesday.

Public Hearing – Supplemental Appropriation Oroville EMS
Commissioner Hover moved to continue the Oroville EMS public hearing to 12:00 p.m. Motion was seconded, all were in favor, motion carried.

Public Hearing – Supplemental Appropriation – CE Reverse Supplemental – CDBG Grant Fire #15
Commissioner DeTro opened up the hearing to public comment, seeing none he closed the hearing to public and opened up for commissioner discussion.

Motion Resolution 42-2017 Reverse Supplemental Appropriation CE
Commissioner Hover moved to approve resolution 42-2017 a reverse supplemental in the amount of -$1,000,000 within current expense non departmental reducing the unnecessary budget amount for CDBG Economic Opportunity Grant for Fire District #15. Motion was seconded all were in favor motion carried.

Update Public Works – Josh Thomson & Ben Rough Commissioners’ Hearing Room
Josh Thomson, Ben Rough

Public Works Agendas were handed out.

Summer Seasonal Temps
Mr. Rough explained Public Works would like to refill the temp position and would readdress the other positions in the fall. Commissioners are in favor of hiring for the temp positions.

Office Space Rental
Mr. Rough explained a future rental request with a vendor for space in the Public Works building. The vendor is strongly considering the space for their needs. If they do not rent the space the space could be used to archive County departmental files and Public Works would need to charge departments to store their files, to avoid one fund benefiting another. Security issues were discussed.

Peter Dan Road Update
Josh Thomson provided his update on weather related issues. He explained Peter Dan road which is a county road, is currently closed due to a landslide issue. A detour was provided. There is an area with vertical face erosion which has caused concern should it come loose would be very dangerous if left open. The Tribe is the one who did the improvements to the area in 2010 and never closed out the project, but they were looking at doing some slope replanting and they do intend on doing a permanent fix, but never got around to it. The county may do some minor work to keep it open after the weather related issues are passed the point it is no longer dangerous. The lower two thirds of the vertical slope is silt with the top being rock so the silty part is coming down. There is no estimate of when it will be reopened.

Tonasket Bridge
Engineer Thomson stated estimates came in low on the STP project with about $6,000 short. A supplemental will be necessary to the road budget. Right of way is not completed on that project due to a property owner delay. He is pretty sure it will continue as scheduled.

Conconully RAP projects
This project is still a ways out due to wet weather. This project is anticipated to start April.3.

2017 Gravel Crushing project agreement is on the Board’s consent agenda with some of those funds being reimbursed from ER&R funds. Top course and cover stone will be done under this agreement. A resolution for Indian Dan Canyon road is also on the consent agenda for approval.

Nine Mile Creek at Thorndike Loop Road bridge has sediment which has built up under it from the bottom of the creek to the top of the bridge. Fish have to go sideways to get under the bridge. The county was looking into getting the necessary permitting to dredge the creek last year but the tribe has stepped up with a project to strip the creek and resurface the creek bottom which will really help out in resolving this issue. Commissioner Branch discussed critical areas ordinance and his hope to address some concerns with that.

Johnson Creek culvert on Green acres road
Engineer Thomson explained Johnson creek goes under Green Acres road and to was requested by Wayne Cornwall, engineer for the Colville tribe, that a fish friendly culvert be made and installed there. Mr. Cornwall asked for permission to build the culvert. Commissioner DeTro explained that property owners adjacent to the Johnson Creek are opposed to this, so he is not in favor of it at all. There is no way the fish can get past the Riverside barrier right next to the river where the remote weather station is even to get up the creek. The creek is so slow and meandering that fish have a hard time getting up and residents enjoy the brown trout in the creek as it is. Engineer Thomson stated DOT may tell us that culvert must be fixed and then it is on our dime. Commissioner Hover stated the Yakima’s have expressed the same issue exists on Benson Creek. Commissioner Branch stated they are interested in creating more habitat for the fish. Commissioner DeTro explained two years ago Diestel Creek culvert was blown out entirely so fish could get up that creek even though there are several very high 30 foot water falls the fish cannot get up anyway. Commissioners would like the Johnson Creek culvert to be worked on before allowing the Tribe to do anything.

ORV and WATV roads
The signs are about completed. The ATV club was asking Commissioner Branch about the county timeline for opening up additional roads. Commissioner Hover stated his hope is late spring for commissioner district #3. The roads have been identified already and SEPA checklist and MDNS would take several months to get through. The list of roads will need to be reviewed again.

Road Log Reconciliations
Engineer Thomson provided the road reconciliation areas via projector to receive further direction from the board on those several roads in Commissioner District #2. The board discussed the roads shown on the wall projector to further provide direction to the Engineer on the county road reconciliations project.

Continued Public Hearing Supplemental Appropriation Oroville EMS
Commissioner DeTro opened up the hearing to public comment, seeing no one to comment he closed public comment and opened up to commissioner discussion.

Motion Resolution 43-2017 Budget Supplemental Appropriation Oroville EMS District
Commissioner Hover moved to approve resolution 43-2017 a supplemental appropriation within the Oroville Rural EMS budget in the amount of $600 for dispatching services. Motion was seconded, all were in favor, motion carried.

Board of Health – 1234 2nd Ave S, Okanogan – Commissioners to Attend
Board attended the Public Health Board meeting.

Citizens Comment
Woman with white hair from the public arrived about 1:20 taking notes.

Bid Opening 2017 – Liquid Asphalt Pre Level and Chip Seal – Public Works
Engineer Josh Thomson

Two bids were received for the Pre Level/Chip Seal liquid asphalt project that were received on time. Commissioner DeTro stated the time for receiving bids is past. He opened the bids.

Idaho Asphalt Supply Inc
Bid Bond included.

MC-500 740 tons Total $396,640

HFE-150 1780 tons Total $687,080

Sales tax of 8.1%
Total $1,171,501.30

Trucking rates were included.

Western States Asphalt Inc
Bid Bond included.

MC-500 740 tons Total $402,375

HFE-150 1780 tons Total $683,075

Sales tax of 8.1%
Total $1,173,371.45

$1,163,000 was the engineer estimate.

Apparent low is Idaho Asphalt Supply Inc.

Bid Opening – Solid Stabilizer – Public Works – Engineer Josh Thomson
One bid was received from on time from Roadwise for the Soil Stabilizer, but we received a call from Envirotech at about 3:15 p.m. regarding their bid as it was sent via UPS was supposed to arrive at 10:00 a.m. but the tracking information said it was late due to weather related issues. Commissioner DeTro explained the time for receiving bids is past. He opened the one bid received.

Engineer Thomson explained the bid specifications and notice indicated the time and place for receiving the bids from responsible bidders. The commissioners have the option of refusing the bid. Commissioner DeTro stated the county will wait until it arrives and make the decision on whether or not to reject it. He would like the county attorney to weigh in at that time and provide his opinion on the circumstances.

Bid bond cashier’s check were provided in the amount of $8,500.

Mag Chloride
Unit Price $157.16
Subtotal $149,302
Total $161,386 with sales tax
Engineer Estimate was $165,154

No Bid at this time.

Total bid including tax $

Discussion –Land Use – Sharon Rumboltz
Director Huston, Tribal members Monica Disatel, and Lois Trabino

Commissioner DeTro invited Ms. Rumboltz to the table to discuss her concern about her land use issue. Commissioner DeTro noted that he could not discuss the issue and recused himself due to his acquaintance with Mr. Rumboltz. Unless something has changed in her situation the board of commissioners does not have a choice in the matter as it is the law.

Ms. Rumboltz explained she invited a couple people from the tribe who support her.
She previously had applied through the tribe for her well but due to her ex husband doing some land use dealings regarding her property which she was unaware of at the time, the issue consistently prohibits her from selling her property. She had no idea she doesn’t even own her own well even though her name is on all the paperwork, she paid for the well and nothing exists that says she doesn’t have the right to it. There is nothing in her short plat to keep Rod Rumboltz from drilling a well on his property. She needs to sell her house and she has people here who wish to buy it. She doesn’t understand why she doesn’t have full entire possession of her own well. Commissioner Hover explained that on his property one well is shared among several home owners. Ms. Rumboltz stated even though he had no right to speak for her during the short plat process he did and she had no idea what even happened. Why should she have to do everything the right way only then to have his conditions prohibit her from doing what she has a right to do on her property? He has black balled her from even being able to obtain an attorney in the state of Washington. She has tried and tried to get representation and no one will touch her case because of his power. She would literally need to get written permission from him to obtain legal counsel.

Commissioner Hover asked her what the county commissioners can do for her. She replied that they can make it better.

Lois Trabino, Tribal Water Code officer, stated there is a tribal water permit for her well and she would like to hear what the county’s authority is over the well since it is a tribal water issued right. If there is quantification by the courts and it was legally decided by the courts without a quantified right what is the authority of the county over the water. Director Huston stated the well is providing water for two lots, the challenge is when folks look at the property they see it is a shared well. Commissioner Hover asked what the tribe does for shared wells. Ms. Trabino stated the well is entirely in Ms. Rumboltz name and no one else has permission to withdraw water from it, so what does the other lot owner have to do with it? Furthermore the tribe has the discression to draw water from the well if they wish. The well is on Ms. Rumboltz lot. Director Huston replied the plat proposes that the well supply water to both lots.

Director Huston asked what people are saying to her that wish to purchase her property. Ms. Rumboltz explained she was not aware the well was to be shared with his lot when she paid for it. There is no shared well agreement for her well nor is there an agreement for the use of the road. Somehow the paper was revised without her permission.
Ms. Rumboltz has spoken to the tribal council about this and they have some interest in resolving this. It is their water code. Ms. Trabino stated as the tribes water code officer, Ms. Rumboltz’s name is on the permit and she doesn’t know why she cannot access the water.

Monica Distatel, Tribal real estate agent, stated the issue is that the permit was paid for a single drawn use from the well. The first sale she was sent documents for a shared well. It appeared that Mr. Rumboltz put his name on it the day the divorce was final. Director Huston stated the short plat itself explains that two lots are to use one well. Anytime there is a short plat like that the county must have both parties sign off on that. The tribe would like to meet with him to explain the situation further and would like to see all the information. Director Huston stated lot two has a problem, but if lot one is secured with water then we can at least clear that up. Ms. Trabino stated on the permit it has language that the tribe be notified for any changes in use of the well, which they have not received at any point and now they find out that lot two has claimed use of the well without the tribe’s permission or notice as required. The commissioners have no objection to Director Huston working with the tribe to help clear this up on the short plat and well issue.

Approve Consent Agenda
Commissioner Hover moved to approve the consent agenda items 1-14 excluding items 8 and 13. Motion was seconded, all were in favor, motion carried.

1. Commissioners Proceedings March 6 & 7, 2017

2. Letter Appointment Snowmobile Advisory Committee- Scott Ripley
3. Authorization to Call for Bids- 2017 Gravel Crushing Supply Project
4. Contract- CRP No. 9229-18 Conconully Rd RAP- Washington Asphalt
5. Bid Award – 4 Utility Truck Equipment PUP Trailers-Public Works
6. Agreement LTAC Revenue Allocation and Use County Fair 17-LTAC-017
7. Agreement LTAC Revenue Allocation and Use County Fair 17-LTAC-019
8. Agreement LTAC Revenue Allocation and Use County Fair 17-LTAC-020
9. Application for Credit Platt Electric- Lighting Supplies-Maintenance
10. CDBG Public Services Grant Request No. 5-Community Action Council
11. CDBG Housing Rehab Grant Request No. 1 Community Action Council
12. Resolution 37-2017 Solid Waste Fund 123
13. Resolution 39-2017 Budget Adjustment Jail, Sheriff, Commissioners Approved Monday
14. Resolution 40-2017 Indian Dan Canyon Rd Project

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