RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

March 20, 2017


The Okanogan County Board of Commissioners met in Regular session on March 20, 2017, with Commissioner Jim DeTro, Commissioner Andy Hover, and LaleŮa Johns, Clerk of the Board present.

Commissioners convened the board at 9:00 am.

Member of the public George Thornton taking notes: 9:00 a.m.

Albert Lin arrived at 9:12 a.m.

Discussion Public Works Solid Waste Bull Dozer- Thomson, Rough, & Conelly
The Public Works staff explained that a Solid Waste Bull Dozer is needed at the landfill as there are issues with the current equipment that wonít allow proper maintenance of the landfill. Commissioner Hover asked several questions about the public works budget. Currently the bars line is there and funded and will be ER&R to fund the equipment. $700,000 for the year is there.

The D-6 is going be less cost and so the repayment of ER&R will be less. The draw down on 405 will be less with this new machinery than is would have been for a bigger machine. The commissioners believe if it works in the favor of the department then they feel this is an appropriate purchase. Commissioner Branch said as long as it is within the budget and does appear it is.

Engineer Thomson stated another issue he needs approval on is the construction funds so it can begin June after school gets out and completed by the time it begins again in August. It is for a 1.88 mile project for the North Pine Creek intersection. This is part of a four part project. If it isnít advertised in time we might lose the federal funding.

Motion Right of Way Agreement
Commissioner Branch moved to approve agreement right of way on CRP No. 9437-06 highway 7 Bridge South Section Agreement No 6500020116 with Motion was seconded, all were in favor, motion carried.


Motion Ordinance 2017-1 Repealing Ord. 2014-7
Commissioner Branch moved to approve ordinance 2017-1 repealing ordinance 2014-7 which opened up certain ATV roads to wheeled all-terrain vehicles. Motion was seconded, all were in favor, motion carried.

Commissioners discussed some issues with some primitive roads which have received complaints due to weather related issues. Some folks are not able to reach their homes due to the mud and soft road areas. Commissioners would like Public Works to address those areas as the weather permits and put some material down to mitigate those areas. Public Works acknowledged the issues.

Commissioners would like Public Works to report back to the board on the road file.

Motion Executive Session RCW 42.30.110 (1)(i)
Commissioner Branch moved to go into executive session at 9:38 am for 15 minutes with Deputy Prosecuting Attorney Albert Lin to discuss ongoing litigation to which the county is a party. Motion was seconded, all were in favor, motion carried.

Commissioner DeTro extended executive session at 9:53 a.m. an additional 15 minutes.

Commissioners extended executive session at 10:08 for another 10 minutes.

Commissioner DeTro left at about 11:00 a.m. due to personal reasons.

Commissioner Hover moved to authorize Albert Lin to sign the dismissal for the Yakima Nation portion of the lawsuit without prejudice due to their willingness to work with the county. Motion was seconded, all were in favor, motion carried.

Commissioner Branch stated he is optimistic about this. Mr. Thornton stated as a tax payer he appreciates the opportunity to be able to work it out. Commissioner Branch stated it has a lot to do with trust. Commissioner Hover updated the rest of the board on the water shed council. The county did not think it would go much further on the proposed rule to be able to move water to Twisp and help with season issues they have. They figured it would be dead at this time as the tribes and fisheries wanted direct mitigation. However he pushed them along to partner to make this work and for them to get on board to get more water moved down they said they need a net benefit for fish. Letís come up with an integrated watershed plan and talk about storage and think outside the box. We need to quantify the storage as the fisheries wanted water in the tributaries. He asked them if they would be willing to work on an integrated plan. Commissioner Branch commented that what they identified in terms of geology that stream had potential for storage as it was deeper and they look at that. He visited with a lady with a well that is 350 feet deep and the stream is only 150 whatever she had to do below the stream is that storage that still feeds the stream and acknowledge that sort of things. The dynamics of those streams must be discussed. Mr. Thornton mentioned the beaver lake capacities by raising it up and they are considering that as evidence with various core test wells. EtcÖ

Commissioner Hover explained he appreciates the note taker taking the time, but he has been approached by several community members who have expressed concern about the notes being published as they are not the approved version of the Board. The Board goes through the minutes of the Clerk of the Board and approves those. If there isnít enough information taken they will discuss that with her. But those are the approved minutes of the board. There are people questioning the notes taken by the note taker versus the official meeting minutes of the board. Mr. Thornton stated there is a caveat on those notes he takes with his opinions. He obviously has his bias but he tries. He has tried to communicate this to the other note takers. Commissioner Hover stated he doesnít come across as you are wrong or. He recognizes the boardís role and he is just a spectator. Commissioner Hover stated the board is attempting to be as transparent as possible and he doesnít know what other peopleís perspective of transparency is, but the clerk does capture what is said. Mr. Thornton stated it helps to sit here a lot in order to know the context of the conversation and some have not. Commissioner Branch stated one thing he didnít do is that look at the notes once in a while to understand the perspective of the note taker group. Commissioner Hover stated his county cell phone number is out there and anyone can call him just about any time to discuss their concern they are welcome to. He gets all sorts of questions from people, he encouraged people to call him. Mr. Thornton stated it will take time to establish the role of a public official. He encouraged him to take his private time to and guard that.

The highlands alliance discussed the ATV issue, they have no concerns, but as long as there is a continued effort to work with DNR And forest service then it is okay. Commissioner Hover stated he has spoken to Jim Brown to have staff present. Signage, Sheriff acknowledging illegal activities, and dealing with complaints was discussed.

Commissioner Branch will be meeting with Hillary France, Commissioner of Public Lands. He will also be talking with the interim regional director of DNR, who called him to talk first before he meets with Ms. France. It is another network building outreach he is doing. He wanted especially to meet with her.

Director Huston came in about 11:30 a.m.

Commissioners discussed the fair and fairgrounds suggestions made by the Clerk of the Board to provide an operating manual with details of how to operate the fairgrounds. She also suggested that the budget be one budget with a section for Fair and a section for Fairgrounds that way one fund doesnít benefit another and both the fair and the fairgrounds needs the other and expenses are generally related to the other. Commissioner Hover needs a formalized letter to the Douglas County Commissioners to list the Jail projects and expense analysis of the jail. We need to get that formalized with an option to discuss further.

Member of the public Sharon Sumpter came in at 11:46 a.m.

Briefing Among Commissioners & Review Consent Agenda

Review Meeting Minutes and Approve

Meeting Lunch Retreat Elected Officials - County Elected Officials
Present: Scott Furman, Leah McCormack, Laurie Thomas, Judge Chris Culp, Judge Charles Short, Frank Rogers, Dave Rodriguez

Judge Rawson, Judge Grimm, Charleen Groomes, and Karl Sloan not able to attend todayís meeting.

Commissioner Branch stated his focus is to have at a minimum have a conversation respect one another especially through the budget process to understand what is to be achieved and what they can address to make it work better. Commissioner Hover stated right now the county is on a line item budget, boos from the crowd. He is interested in hearing from the departments about the pros and cons to it. Maybe get those out in the open. Dave stated we should look at good communication together and trust that the realities of the budget. It feels there is a miss trust there of the commissioner that some are padding their budget. He would like to start fresh there. Commissioner Hover stated this coming year and start early in the process we have the opportunity to do that. His interest is that everyone trust each other in the process then if there is a request for numbers to deal with our cash flow issues and took out a loan cannot do that as we are budgeting a calendar year, but where cash comes in in March April Oct Nov then really in February we are down to our last dime and penny and just starting out our calendar year. We should understand there is a short fall during that time and avoid a loan. Leah stated her concern is that we are not living within our means where CE is concerned. The problem with revenues that used to come to cover those expenses is less and we are living outside our box. The loan and use of the entire amount in CE is gone we have nothing. Commissioner Branch stated budget amount and process, one is that we live within our budget and revenues that come in and are issues he looks at differently. The budget process seems to get people the most, if we are going over budget or are we adopting budgets that donít match the revenue. Leah said when the county expends with the carry over and we donít live within that yearís budget. The carry over should not be used to carry us through the short. Commissioner Branch asked if the Sherriff had the most angst about the budget and the Coroner. What are their concerns? The sheriff explained his concerns about the budget and what causes him the most concern. The limitations he cannot run the jail and cannot run his department and cannot service the end of the year. Commissioner Branch said there is only so much money and doesnít sound like his needs are met, yeah. Dave said the sheriff has dealt with budgets a long time and they are always told to cut their budget but this year is different and not sure what happened as they were left with something that is not workable. They understand the realities but his world is about to run out quick. There is little control over the crime and dealt and neither department can work with that. Commissioner Hover stated if Douglas County can help with the ceiling project that will help. Commissioner Hover said that is one solution, but he would like to hear from the Judge Culp to get a broad perspective and they have heard from Leah and Laurie. Chris said line item versus fund. What he sees happening is that one line is flush but another has more expenses so people will come up the hill to change one line item to another they would like to move the funds around as they see fit. He would echo what frank and Dave are saying as more money is going to be need just to do the think s they need to by law. Commissioner Hover said that is what they are trying to work with. Front load a bit of it and as far as revenue goes does he see any change from this year to next. Scott said property tax is a stable source if value goes down the rate goes up to keep it stable and can count on it year to year. Chris said part of the group is looking at sales tax increases. Charles said revenue coming from District court would be none and more down then up. Forecast is down ward with expenses going up. 1% increase for property tax, commissioner Hover said, it is unpopular even though we collect only $55,000 per year. Scott said 1% over the prior year collection as authorized by the commissioners. Commissioner Branch discussed the Association of Counties advocating for an increase over the 1% and giving counties the option to do it. Cities and towns do it. Legislative steering committee group discussed why Okanogan County did not increase was due to the fires. He said the board is conversing about increasing taxes. Scott said of all the ones that could take the 1% it would current expense. Commissioner Branch even that will keep the lights on. People have to pay for th eservice expected. Safety is an important thing and we should respond and that one is a moving target, so .3 of 1% is what he would advocate for. That is something. He is concerned about when the budget process became difficult for department heads they retaliate in one way or another and he doesnít want to see theat. So if it becomes a hardship for one and they run through a bunch of red tape he doesnít want to see that. Director Huston stated we could click off that we have way more expenditures budgeted than what we have revenue coming in to cover. If we are over budget we must reduce expenses or increase revenue. How do we do that? Cut services to the public and not a popular decision. People are the most expensive service to people stated Commissioner Hover. That is not a problem for some but in other departments it could be harder choice. He would rather have everyone have enough people to do work efficiently and he personally thinks a voted in sales tax is the best option as it is voted in by the people and he is not dictating the tax and it is more funds. No matter if for criminal justice or whoever it is for it gives us more money overall. Laurie said we need to increase our revenue somehow or we will need to cut people and services to the public. Her office services both the public and the county. We will have a tough sell to the public. Commissioner Branch said we agree we need the revenue and we cannot operate for less. If he came to each department and asked if they could operate with less staff most would say no. Commissioner Hover would like everyone on the same page on which route the board goes. The cities is the other part of the equation and if they support it we have. Laurie said it was the most difficult budget session ever as we did not have the interaction with the departments as we had in the past. It affected trust and moral and a lot of things. WE started late contrary to what was planned, and actually didnít get started until October. If the prior board had taken time to consult with the each department it could have went better. Commissioners do not wish the same process this year to be followed as last year. They want a budget of bottom line of what they can do and what they want to do and do it if we can. We need to have trust of a bare bones budget and would like to do list. Leah said that has been brought out there but as the budget come in and sit down we are out of balance right from the start. It is not certain if the departments trust to give their minimum amount of money they can work with. Scott said they do that in his office. Laurie explained the spreadsheet has the prior last two years for comparison and questions are asked trends looked and try and budget accordingly, the history is there. Commissioner Branch asked if the bottom line is looked at and talked about total budget for the whole department and realizing to work within that budget so in the end the expectation is to look at what was to use. Laurie explained each and every line item was looked at in order to reach the overall budget. The departments are looking at their operating expenses and not the salaries and benefits, but contracts negotiations we have no control. Those sections are left to payroll to adjust depending on how those negotiations go. We pretty much have to go with operating budget lines only.

Director Huston hears that budget requests are the main concern. Commissioner Hover said in order to know what we have to work with we must know what motivates the departments for their numbers. Commissioner Branch is it starting right now. If a time table is set the board will need to be willing to keep it. Commissioner Branch would like a time table but a process and knowing what works for everyone is it the process to look at the history and income and give each a box wildcard. What satisfies most? Chris said if prior numbers are used we cannot just say you used 50% in June then double it it isnít that simple. Leah said you cannot look at revenue like that either. Chris said the product will need more flexibility and desk work to understand how the expenditure are done.

Commissioner hover stated we have a finite amount of money that must be divided among the departments. Be aware the vets get part of the Current Expense and that cuts in to our Current expense with a minimum requirement of $40,000 and we are giving them $80,000. There are mandated amounts these entities get and they are getting way more. She isnít saying they donít deserve it but it does cut into the rest. Commissioner Branch explained when departments give them a full understanding before going through the budget then we can have the interaction all the way through and have to be here when the commissioners go through the budget that way when we get to the end they understand the short falls. He believes we can say we are kicking the can down the road when we cut services. Laurie stated one thing that bothers her is that the legislature is constantly cutting what we receive. They had an opportunity to increase license fees by 1.5 per car per year and not much to the general public but they didnít. $150,000 is what it meant to our county alone. Commissioner Branch said it is frustrating, we need to tell them they have to do something. AWC should identify where we have common ground then work from there as there are things we have in common where funding we receive relieve them too. We have to make sure we work together. Our city folks have to tell the legislatures and get the message across. The county is a house divided and we are too and we must figure out a way to get the message out to the public. We want to hear people are talking in favor of these things across the county.

The call for budget goes out in in July. Does the county wish to start early, asked Commissioner Hover. Chris said there are legal timelines for inputting the preliminary budget that departments must follow. He doesnít care when they start but does care when the budget is presented then that budget is what he needs to run the court for a year, there is no game playing and candidly what they actually need and not being told later what they have to operate on in Superior court. His budget is what it will cost in good faith. He understands the process. He would like to give a budget that is the bottom line. Commissioners donít have to second guess. Leah stated that is in a perfect world and it is the finite amount of money. Director Huston stated it is different when people have a mandate. If the commissioners tell him what he has to work with it comes to level of service and not everyone has the luxury of pulling it out. He isnít sure what the state of the county is when he shoves his numbers based on what he is doing but seldom have any idea of what the big guys are trying to accomplish in the year. Commissioner Branch stated the standard of service for the Sheriff what would that look like a slower response rate, court function level of service is a long conversation. Director Huston stated he is not talking about getting budget in in February but a conversation about the state of the nation and what Judge sees coming down for mandated costs gives the commissioners more familiar with the ebb and flow of county needs. The point would be simpler if the board had a feel for what other departments seeing coming down the pipe line. Leah explained she is not picking on Superior Court but we are speaking openly when the two superior court judges was implemented now we are talking money and the revenues have not shown and increase so there is another expenditure that the county is now responsible for and the revenues are not being realized on the other side. Commissioner DeTro stated there are big holes in the revenue and start fighting for PILT, state PILT. Commissioner Branch said from his perspective it is the elected officials job to beat up on the legislature for these bigger funds. We know our expenditures will go up we need to make sure the revenues due to us are realized and fight for it. Commissioner DeTro stated if they are trying to revamp SRS every state gets those dollar when only timber counties should get those dollars. There are many states that do not have timber. So if that is changes we will see triple dollars coming in. Director Huston asked if expenditure reductions is a significant way. Commissioner Hover stated the can the commissionerís office he sees that litigation expenses could be reduced. Increase revenue is where we should focus and prioritize the revenue. Commissioner DeTro pointed out we need to go after bending the ear of the PUD and not let the opportunity to buy up the wells pool because right now we get privilege tax and that would go up. Commissioner Branch agrees we need to go through our legislative strategies are right now he is on the steering committee and feels there is a few clicks and so identifying where we are at in that and who is playing our game. We need to have legislative strategies for dealing with PILT and it might require other elected officials to back them up on it. He doesnít know about their associations strategies. Commissioner DeTro explained it might be possible Haganon resort and property around that lake had a 4-5 million dollar home on it and driving out the mom and pop out, Mr. Haganon was asked to get behind a tiered structure for taxes resident has one rate and second home owners have a different rate. The state constitution would need to be amended, replied Scott.

Sheriff Rogers explained we are in trouble they get it he wants to know are we going to continue the line items budget until the end of the year? They keep a ten year average and use that for their budget. It is things they cannot control. He doesnít think it is fair to be penalized he wonít survive will we fix it now do we have the money. There are line items that were zeroed out. The loan was for cash flow for the first three months. Commissioner Hover asked that money will need to be moved from vehicles to other lines. Leah explained it makes no sense to have current expense reserve earning .6 % and paying out a loan at 3.6% the numbers did not work. Sheriff is asking the board to make it simple do they come back to the board because he is not going to make it through 2017. He will figure it out, but when are we going to sit down and figure it out. Will we continue with line item budget till the end of the year? If we stay with it he wonít fight with anyone but he does spend a lot and they move money around. He doesnít know what to do with nickel and diming line items. Leah stated there was a reason for line item budgeting. Laurie believes there is a reason for continuing line item till the end of the year, it gives everyone a better handle on what is being spent and what it is being spent on. There were four budgets that went over in 2016 with several lines that were spent out of with 0.00 budget. Sheriff understands but he needs to know he has not funding and no bodies, and wants to know what to do right now. Commissioner Hover stated we should sit down and see what it was and what it needs to be and figure out where to get the $200,000. Then put a priority on it. Everyone to get on the same page on voting it in. Commissioner Hover stated the budget is set and we would save time and money by not having a line item budget? If everyone just says the budget is bad and we want to spend whatever we have, but if there is something not budgeted for then letís look at it. Sheriff stated it wonít work, never got hurt by it but does burden the group with the various cycles if they cannot get cars they doneí get cars. Leah suggested putting together a timeline for setting the budget. Commissioner Hover asked if it would be extremely hard to change from line item to bottom line. SAO would need to be contacted and much to investigate. We will need to call the SAO. Judge Culp asked if he could send his administrator. Sheriff will work with whatever the board decides.

Judge Culp aske when the follow up sales tax meeting is , it is at 1:30 p.m.

Commissioner Hover stated the purpose of line item budgeting was for departments to pay closer attention to their budgets and identify areas where remaining budget could be used. Leah stated when the departments were asked to come and discuss their budgets the departments were asked about cutting certain lines by half and they agreed it could be. So, some were not giving a minimum amount when asked. Judge Short agreed that conversation was made and the commissioners did invite them back later in July if need be. Leah stated when the money is received we would know more. Laurie stated the department heads should look at other moneys that could be used such as standalone funds but were burdened on Current Expense that could have been spent out of a miscellaneous funds instead but were not for some reason. Laurie asked why some funds are growing like drug task force due to no salaries coming out of it that are not coming out of current expense. Scott asked about the $22 million dollar budget, 2.75 had to come from somewhere else to balance the budget. Commissioner Hover state we just paid back $1 million, so if we pay back the $2 million then it would be just the $750,000 reserve. Leah stated we get below the $1 million due to scheduled payments. Commissioner Hover stated he doesnít believe we will be able to pay it all back this year. Leah and Laurie do not believe we will be able to either. The sheriff budget is absolutely inadequate for him and that will need to be addressed along with the Jail budget and we will need to crunch the numbers and figure out how to get through this year. Leah stated if the revenue is not realized services will need to be reduced. Commissioner Hover asked how that might work, how are positions eliminated is it something the board does. Laurie stated both her office and Leahís office a mid year budget reduction was done and the reduction was done due to operating budget being so small so most of her budget was salaries and benefits that means people. It is hard and then a couple years later those people left are over worked and wind up getting different jobs. Leah stated she was overworked both her and her deputy and people cannot sustain the work load when staff is reduced. It is usually up to the department head as to who get laid off. We must start putting more pressure on our legislators to approve ways for counties to get more revenue. Laurie discussed mandates to put ballot boxes in every single municipality so her staff can spend days picking up the ballots and then the boxes only have a few ballots. Most people send their ballots in by mail anyway. Leah would like to see every revenue department to be reviewed. Commissioner Hover stated he will be happy to sit down and look at the current expense budget with him he is more than happy to do it.

Envirotech Bid for Soil Stabilizer
Envirotech had called the commissionersí office on March 14, 2017 regarding their bid. The bid had not been received at the time of the call.

Commissioners received and reviewed information compiled on March 15, 2017 regarding the Envirotech Soil Stabilizer bid that was received on Wednesday, March 15, 2017 after the time for receiving the bids was past, the lateness was noted on the UPS tracking website as a weather related issue. Attorney Albert Lin, Commissioner Jim DeTro and Engineer Josh Thomson were present when the Envirotech bid was received on March 15, 2017 at 1:25 p.m. via UPS mail service. The bid was not opened. The group reviewed the RCW, the bid notice and specs, and the MRSC website for guidelines on how to handle the late bid. The tracking information from the UPS website stated the bid was sent March 13, 2017 at 1:08 p.m. It was determined that the bid could not be accepted and the Clerk of the Board sent it back to Envirotech unopened certified return receipt with a note stating it was rejected, not timely in accordance with bid spec and notice. Commissioners acknowledged the situation and agreed Envirotech was not a responsible bidder as the bid was not timely received.

A fee is still not being charged for the water permit. Statute authorizes them to charge fees only to cover cost. We have always approached is as an aggregate and not charged per hour. Staff has adjusted the fee schedule and calculations of hard costs were provided. (attached) The sheet shows the current fee charged and the actual amount for cost recovery.

A letter was drafted to Forest Service Williams for commissionersí review and consideration. The other letter was regarding extension of the grizzly bear comments.

Update Ė Planning Ė Perry Huston
Leah McCormack, Laurie Thomas, Dan Higbee, Mayor of Okanogan, and George Thornton

Director Huston provided information from other county treasurers the Treasurer McCormack had gathered regarding the several sales tax issues to find out how much is collected by them. She will asked both counties if they did put the 82.14.340 out to the voters for vote as stated on the spreadsheet. (attached)

Leah McCormack stated the county of Walla Walla.

Motion
Commissioner Hover moved to direct staff to prepare a resolution to prepare the necessary ballot measure to put the .1 of 1% sales tax issue RCW 82.14.350 on the ballot for the Juvenile Detention Center. Commissioner DeTro seconded the motion, Commissioner Branch opposed, motion carried.

Director Huston explained Sonora Point Development Agreement resolution 44-2017 which would terminate the agreement. The purpose of the agreement was to lock into time the regulations that the land owner wanted to move ahead with the development. At the time, they wanted to phase the development and lock the standards in place with no additional SEPA review, but do not wish to move forward with the project. So they would have had to go through the process to amending the development agreement and didnít want to do that instead they wished to terminate it. Commissioner Branch stated the project was most like too robust for the times and the land owner does not wish to move forward. There is no vesting and previous SEPA goes away. 0Anything beyond the development agreement they wish to do would have to g

Voluntary Steward Ship Program
Commissioners wished to move forward.

Planning Department Vehicles
The vehicles are used for county business among the different current expense departments. He hoped to get by with the tires on it, but the tires really should be replaced. Director Huston explained the amount for the new Plotter may be less than originally budgeted could be used but there isnít much more. The licenses are under Planning but Public works and Planning alternate the cost every year. The wide format plotter cost was originally quoted at $7,500, but the good news is that $8,000 was budgeted for and a really nice one right now would be $5,500. A budget amendment would be needed to pay for the tires at a later date. Commissioner Hover asked if we can ensure the paperwork is prepared sooner rather than later for the budget amendment that would be best. Director Huston will find out if there is a time sensitivity in obtaining the plotter as he would still like to wait a bit on that.

National Park Service
Grizzly Reintroductions comments


Water Resource Inventory Area (WRIA 48)
Director Huston discussed the exempt well work group discussion that there was a better level of recharge in exempt wells and they discussed things such as that.

Jon Wyss arrived at about 3:10 p.m.

Commissioners continued discussing the water issues to figure out how to proceed with title 20 revisions.

The Director discussed that we do not have an architect agreement in place for the grandstands. He provided a packet showing budget costs and summary of work for a buildout in the amount of $329,688. The Clerk of the Board had an idea for portable bleachers that would cost around $11,500 or so for one 10 row by 27 foot grandstands with rails. The slab could be gravel, or poured concrete and the canopy could be done later on. The analysis was not done for a just a slab. If we are talking about a cover the project could be done for well under $200,000. Commissioner Hover believed it would be more versatile to have bleachers that can be moved around. Director Huston stated the Berg pavilion is requested to be rented often and so portable bleachers might be used there as well during off season. The bleachers could also be moved into and out of the Agriplex.


Public Hearing - County Surplus Real Property and PW Vehicle
Perry Huston, Lauren Davisson, Josh Freel, Leah McCormack, Jon Wyss, Laurie Morgan, George Thornton, a couple other people in the back.

Commissioner Branch opened the meeting. The recorder was turned on. The Hearing is to consider surplus property as listed on the public hearing notice. (attached)

Commissioner Branch read from the list of items being surplussed.
1) An approx. 2 acre portion of parcel number #3927030044 adjoining the Whistler Trail parking lot located 2 miles south of Oroville. Proposed for sales at public auction.
2) An approx. 11.22 acres parcel #3526030002 located off the north end of Hubbard Rd approx. 2.8 miles north of Riverside. Proposed for sale at public auction.
3) A wooden lean-to building located on the Okanogan County Fairgrounds west of the railroad tracks near the fairgrounds shop on parcel #3326100040. Proposed for demolition.
4) A 1985 Cargo Star 1850-B VIN #186584. Proposed for sale at public auction.
5) A 1998 Chevrolet K2500 4x4 Pick-up Vin #1GCGK24RXWZ204371 with 2 Meyer snow plow blades. Proposed for sale and transfer to the Fair Facilities Fund #127.

The SEPA Responsible Official has determined this proposal is categorically exempt from environmental review in accordance with WAC 197-11-800 (2) (g); (5) (b); (19) (a).

Director Huston provided photos of the whistler canyon trailhead parking lot to be surplussed. The property was proposed by the adjoining land owner. The surplus portion would be separated from the current parking lot. Whether or not the property is surplussed to the needs of the county for parking for the Whistler canyon trailhead and if so how much and determine the value. In order to offer it for sale it would need to be a lot of record. So we would need to create a legal description and lot number. A fee simple lot of record would need to be created. Commissioner Branch asked about potentially not surplussing the piece to the north east. Is the piece to the west and south of the road belong to the county? The portion of property along the south of the driveway belongs to the adjacent landowner.

Slide of Hubbard Road property on the north end of Hubbard road 11.22 acres current value according to assessor is valued at $22400. This property was previously surplussed. This was put into motion also by an adjoining landowner. Is the property surplus to the needs of the county? If the commissioner still wish to surplus then it is the option of the commissioner to decide on the value. This is property owned by the county.

The third item is a building located on the county fairgrounds across from the railroad tracks as small structure. What brought the building to the countyís attention was a fuel tank that leaked and we went to excavate that spill to remediate it the building needs to go. The building does not amount to much and looks like a roof with some rickety walls. The purpose is to excavate the spill.

The fourth item is the garbage compact truck which is inoperable and would cost several thousands to make it so. Staff recommended it be surplussed.

The fifth item is a Public Works pickup truck and plow blade which would be surplussed to the needs of Public Works and would not be offered up for sale but rather it would be transferred to the Fairgrounds for a value.

Laurie Morgan testified on the Hubbard road parcel north of Hubbard road. She has purchased the property below it and need an easement through to access the sewage lagoon and they are interested in purchasing it. Commissioner Branch stated it would be sold at public auction. If anyone else purchased the property who ever bought it would need to obtain an easement through her property to get to it.

Stan Kufistat Whistler canyon back country horsemen chapter. The Pacific north trail is looking for a way to get through the county. They would like the trailhead at the other end. This portion of the property was going to be planted with trees, but that didnít happen. The portion left was for trail head. The Back country horsemen got a grant for the parking lot for $60,000. The contract then turned it over to the county once built. There was work done not exactly in the contract as white rock was placed that was donated and hauled in. The originally parking lot was designed. There are some grey areas that are not clear, one was supposedly the road was not meant for orchard use and they could get to the house if they couldnít get across the county property. He doesnít want to make waves. There is a darker part in the middle to the parking lot they wished to put lilac bushes on. There are some volunteer suckers growing and those will be removed. Right now it does look bad with many weeds growing. It does get visited by about 10,000 people a year and is a real success. The least is used by horses. He read from a member comment. (attached) The also put porta potties with back country horsemen paying one year and the county pays for the next. There has also been weed spraying done up there. In the future he would like to see an outhouse installed. A conventional out house that needs to be pumped is not ideal. They would rather put in a flush type toilet for seasonal use with limited use. We would have to sit down and discuss that. Commissioner Branch asked if that was all his testimony. The letter of Dave Sunde was read.

James Moore commented that he has been responsible for the climbing stairs maintenance. He commented that the number of trail users and estimates that only about 1/5 of the people actually sign in. There are many who use it regularly that do not sign in. It is estimated that 40% more people actually use the trail. The fence line seemed be right over the easement then what happened some of the land was leased by Kinross and they planted tree and then the fence was put closer and right up against the rocks and is no longer easy to traverse the trail where the fence is so close. The orchard seemed to be encroaching on the trail about 30 feet. If this sale happens it will really bottle neck the trail access. The spray drift is bad and people have said they are not going there again because of the spray and the thought of having more spray to the south is a real concern. The portion considered for sale would ideally if the parking lot was actually the whole part of the south and have the part adjacent to the orchard would be better for sale. The trail could go up the south side instead of the north side along the orchard. The parking lot would become the middle of the orchard and would have that feel for anyone visiting the orchard.

Dave Tabor thanked the board for their time. He came down to listen and stated he has never put a bin on the property. He owns both sides of the road when he bought it from the county. The county cleans the landing. He believes he is good steward of the land. It was not a lease as the mine sold him land and his lines are right on the money. To say it crunches up there on the trail the trail is actually 10 feet wide. The portion in question is rock and it may have made it more difficult in the rocky brushy area. He doesnít use the landing for anything and the letter is simply wrong. As far as spray he is on guard all the time and owns a lot of orchard ground and it is possible it happened. It definitively is not their intention to spray peopleís vehicle. They try to watch the wind. He did speak to Mr. Huston about surplussing the property as he was trying to recapture the foot print of the old orchard and wants to clean it up. The county did turn the water off to the property and if it were surplussed there should be at least two acres of water with it. In three years he has not seen the trailhead full. Installation of a bathroom would be good. He is very willing to work with the county on the property and would like some water to go with it. He will be spraying on both sides of the driveway. He would prefer to give an easement through the north portion if the county wished to move the landing more to the south. He asked if the county had any questions of him. Commissioner Branch stated the property details would need to be considered. The property might not be the exact configuration. Mr. Tabor thanked the commissioners and respect everyoneís position.

Mr. Moore added that the easement is the issue and he doesnít know what the issue is but the proposal was for a 30 foot easement and when it gets narrowed down there should be enough room for horses, bicycles to go by and walkers. There is management issues with the trees coming in and is fallow. He would be interested in a landing area and loading area for horses and a bathroom.

Stan commented that the parking lot could be flipped and have material closer to the rock face. Commissioner Branch stated he was up there and ten vehicle were up there. He closed the hearing to testimony then asked if Ted Murray wished to testify. Mr. Murray stated there is a long history and it is beyond him how the county became to own it. He explained the history of the property. He has been working with the Tabors on this property and the Smilkameen property. The county took it on when the Forest Service didnít take it. Commissioner Branch asked if there was a site analysis done on the property. A Cultural study, environmental survey, it has been well studied. Commissioner Branch stated there is a stream water fall coming down it right now. Mr. Murray stated there is a low spot where the water collects and doesnít believe the county would like to move the rock again. Over the past few years it has been very wet.

Commissioner Hover stated this has to go to public auction if the county decides to surplus it. Director Huston stated we would need to figure out what portion is surplus to the county needs then make it a legal lot then determine the method of sale and ask county Treasurer to supervise the sale. He suggested if determined any all or none we need to go through and do the necessary land work then notice the public with the terms of the sale. Commissioner Hover discussed the possibility of making the trailhead bigger or drawing a line across. Is the board ready to do that? Commissioner Branch stated he is not ready to do that.

Director Huston stated a motion for each item would be needed or direct staff to complete the resolution for each. There would be an extra step involved for the Whistler Canyon segregation and sale of that piece.

Commissioner Hover moved to direct staff, on items 3, 4, and 5 and directed staff to draft a resolution and amend to include instructions for item 2. All in favor, motion seconded, motion carried.

The assessor should value the real property on Item 2 Hubbard road. On item 1 the commissioners would like more information. There are some other items to look at regarding the easement, and considering the other issues on configuration as there are things the board doesnít recognize. The board will need to work their way through that. Another hearing is possible and certainly another notice for the sale. It would not hurt once they arrive at the split with a legal description specifically for the property. This is baseline information to move forward. Another public hearing is never a bad idea. Commissioner Hover stated it wouldnít hurt to speak to everyone on the best configuration of the property. Director Huston stated it would have to go through a public sale process. Exchange for real property can be done however.

Commissioner Branch closed the hearing. Staff will prepare the enabling documents.