RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

May 16, 2017


The Okanogan County Board of Commissioners met in regular session on May 16, 2017 with Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board present.

Commissioner Branch opened session at 9:05 AM

Commissioners’ Staff Meeting
Debi Hilts, Josh Freel, Kim Spivey, Tanya Craig, Joe Poulin, Perry Huston, Laleña Johns

Albert Lin arrived at 9:20am
Dennis Rabidou arrived at 9:57am

Ms. Hilts discussed job openings and interviews that will be taking place this week as well as the amount of applications that have been received. Open truck driving positions were discussed and the change in CDL regulations and medical restrictions that have kept drivers from qualifying for the CDL. Ms. Hilts explained that the last day for applications to be turned in for Becky’s position in the Auditor’s Office was last Friday and explained that it will be a tough positon to fill due to knowledge level and stress of the position. Commissioner DeTro discussed possibly changing the job description for the director of Central Services positon and the struggles that will come with filling that position once Randy Clough retires in two years.
Ms. Craig stated that she has the DOC contract draft for Douglas County ready for viewing.
Commissioner Hover replied that his idea was that they raise the rate for the contracted amount.
Ms. Craig explained that there are concerns because we cannot lower the revenue that we are already receiving. Commissioner Hover stated that we have to be able to guarantee 40 beds.

Ms. Craig stated that we cannot guarantee them 40 beds but only give 35 beds. Commissioner Hover stated that we cannot lose money so to up the rate and lower to 35 beds but that the county administrator wants 40 beds. Ms. Craig stated that it was discussed to bring it down to 35 beds and charge them a premium. Director Huston stated that by signing this agreement that Ms. Craig drafted they would then not be spending millions to building their own jail and facility.
Commissioner Hover read from the agreement that last year 5 months out of 12 months that Douglas County used over 35 beds.
Mr. Craig stated that Mr. Stewart would like to charge a premium to allow Douglas County 36 to 40 beds. Director Huston stated that he believes they aren’t really paying anything extra because of the maintenance and other costs that will be taken from that extra amount.
Commissioner Hover asked if we are comfortable with a 40 bed contract at the going rate. Commissioners DeTro and Commissioner Branch stated that they are in agreement.

Ms. Craig explained that they are going to be working on a contract for use of the fairgrounds facilities for the fairgrounds advisory committee for the fair this year. Commissioner Hover stated that the fair is renting the fair grounds for $25,000 a year. Ms. Craig explained that the fair would need to pay for staff time. Mr. Freel asked if these bills would be paid monthly or annually. Ms. Craig responded that it would work either way. Commissioner Hover stated that it should all be under one budget but that the con to this is that the commissioners have to budget the fair on an appropriate amount of money and that right now charging the fair their rental charge is easy to do. Ms. Craig stated that the fair advisory committee might have a problem with this because it is all one fund and that there were complaints because the facilities were benefitting from the fair’s revenues and that is why it’s been separated. Commissioner Hover stated that it would be easier in a bookkeeping aspect minus the issue with the cross over with the facilities.

Ms. Johns asked what the $25000 is based on. Commissioner Hover responded that it is based on the current rental fees of $5,000 per day for the entire fairgrounds. Mr. Freel explained that during the fair the bathrooms will have to be cleaned about three times a day and that he would have to hire people to help with that because he only has three employees. . Commissioner DeTro stated that those services were contracted out last year. Ms. Craig stated that these services have been budgeted for. Commissioner Hover stated that the better records that they keep the better they will be able to budget the fairgrounds. Commissioner Hover asked if we can use inmates. Ms. Craig stated that they were there to pick up garbage last year and it has to be preapproved and depends on availability of the correct inmates.

Director Huston stated that if you bring it in as county department then you have to budget sufficient monies for it and the fair advisory committee has to believe that you are going to do that. Commissioner Hover stated that there also has to be someone who is willing to spend the time to create a budget for the fair. Ms. Craig stated that currently the fair employees are responsible for cleaning the fair bathrooms for renters. It was mentioned to start charging a cleaning fee in the contract. Commissioner Hover stated that that it would be nice to bring in under one budget and if we keep it separate and realize that it costs more than the 25000 to put on the fair then we start charging appropriately. Commissioner Branch stated that there is a balance that needs to be maintained. Ms. Craig stated that there have been 4 payments received from the cities.

Mr. Poulin discussed some projects going on. Commissioner DeTro asked about the HVAC contract. Ms. Johns explained that we have an amount that has not been paid out yet. Commissioner DeTro wants to make sure that there are no overages for this contract. Ms. Johns stated that 3 additional amendments were done for this contract from the original proposed amount and that they were relative to our needs and that the commissioners had approved them. Commissioner DeTro asked if the project is till o schedule for a walk through. Mr. Poulin stated that he believes they are on track. Ms. Johns asked if there would be additional water charges. Mr. Poulin explained that there is a meter on the water usage and that Ameresco is planning on paying for that. Mr. Poulin stated that there are several work orders from Mr. Rabidou and that they are trying to figure out what can be done in house and that they will get everything they can get done themselves. Mr. Rabidou explained that Mr. Poulin has come up with some good solutions for their court room facilities. But for everything that maintenance can’t do they would like to get an evaluation done for those projects.

Ms. Johns stated that she met with the finance committee about the energy project and that the public hearing is scheduled for next week but recommends that the board continue that hearing to another date. Another meeting will be taking place for the infrastructure fund. Ms. Johns explained a public records request that was received by her office. Clarification is needed on this request and the information requested involves other offices. A response has been made to the requester and we have until June 9 to get that information to them.

Ms. Johns went on to discuss the grant with Fire District #15. Some environmental review documents will need to be redone with more of a tiered review. Commerce had called regarding the housing grant and requested the tiered review. Director Huston explained previous environmental reviews for proposed projects and discussed the funding sources for these. Ms. Johns explained that she only has the information provided in the application and that this is the information they have to go with in the decision making process. Commissioner Branch asked who does all this at Community Action. Ms. Johns responded that no one down there does it and that they rely on us to do this for them.

Finance Committee Meeting – Leah McCormack – Commissioners Hearing Room
Laurie Thomas, Leah McCormack, Cari Hall, Dennis Rabidou

Ms. McCormack provided the board with her agenda. She explained the balances received. We will pay the amount due on the Current Expense Loan. The totals were reviewed. She provided the current cash on hand report. The Clerk of the Board asked her if she could provide it to her on a monthly basis when provided to the board. She reviewed the expenditure report and discussed the percentages of each department. The revenue percentages were reviewed of each department. Commissioner Hover asked about the revenue per month and why we are off. The bigger payments have not been calculated into the revenue comparison by month sheet. The May totals were not able to be calculated into the amounts.

Secure Rural Schools update were discussed. Commissioner DeTro stated there is a group going to WA DC to lobby. There would be a huge dip in the County Road fund if that is not funded. Commissioner Hover stated we are one of the counties where if SRS goes away then the PILT would go up. If that happens we are capped so. PILT goes into Current Expense and SRS goes to schools and roads so if SRS goes away and PILT is increased to make up for it then some of the funds would have to be considered to be split out for schools and roads.

Ms. Hall explained the budget amendment should be effective May 25 in order to provide time for the budget changes to be implemented into Eden. There is also the issue with a supplemental to the Jail for overtime. Ms. Hall will work on identifying where that supplemental could be funded from. Commissioner Hover stated to keep it in mind as we move forward with the budget amendment and ensure there is the money. Ms. McCormack stated in looking at all revenues coming in there is appropriate amounts going where they need to be going. She suggested the commissioners be involved with a meeting to do that. June 13 at 3:00 was set for the work session. Ms. Hall will prepare the documents. Commissioners would like departments to have more refined budgets turned in when the budget call letter requires them to be submitted. The July 10 call letter would include an allocation for each department and instructions.

Update- Central Services
Randy Clough

Mr. Clough provided his Project Update. (attached) The highlighted items were discussed. Criminal Justice information systems was discussed. The central services area should be a secured area at all times with the door being locked at all times.

Commissioner Hover asked if the County Fairgrounds could be isolated and off the county servers in order for others to be able to access the webpage to maintain it. Mr. Clough stated that data is not hosted on our server so it could be modified by others with no security concerns.

Patrol car laptop replacements will need to be considered with 24 of those costing around $40,000 will need to be found. A grant could help with those costs. He will talk to the Sheriff’s office about obtaining applying for grant funds for the replacements. Mr. Clough also discussed the possibility of upgrading the commissioner’s laptops. The board thought that would be great since startup time is about 15 minutes and they are very cumbersome.

Personal owned devises cannot be allowed to access CJIS. Mr. Clough discussed why. If there are personal computers that need to access work related programs Central Services would need to set the securities on those individual computers.

Public Works telephone systems were discussed. Mr. Clough asked if the county intended to keep the Public Works building as it was thought that building would be sold in order to centralize the services into the Virginia Grainger building. Commissioners do not believe that plan would be followed going forward although each thought it was a good idea to consolidate the services to one place. There was never any funding attached to such a move. Mr. Clough asked if he should keep those phones up to date. He has purchased the switches for replacements. Commissioner Hover stated Public Health rents that portion of the building from Public Works so phone services should be provided by the landlord and they do not have it in their budget for those costs of the upgrades. MR. Clough did not know that. He probably has enough budget to cover the switches and Public Works already said it was a go. We could push our Shoretell system over to them. The three switches cost about $4500.

Public Works Josh Thomson and Ben Rough arrived at 10:50 a.m. They were asked if the phone upgrade costs could be fully supported by Public Works. Commissioners believe we should move forward with the upgrades. Public Works will discuss it further with Public Health to identify what portion they would be responsible for. They do pay for utilities and other costs. Mr. Clough thought if each entity paid for their own that would be fair. Commissioners would like to move forward with the upgrades then figure out the billing later

Mr. Clough explained that Steve Rowe would like some consideration in re writing his job description. Commissioner DeTro stated HR had updated the board earlier today. He would like him to work it out with HR to identify the amendments and incorporate those into a draft which would then be discussed later with the board.

Katie Haven member of the public taking notes on her computer arrived at 11:00 a.m.

Update Public Works - Josh Thomson/Ben Rough

Public Works provided their agendas.

Mr. Rough updated the board on the arrangements with the Clerk for storage space rentals. An agreement would need to be drafted once the details are worked out.

Position Openings were discussed. A spreadsheet was provided of the status of open positions. Temporary positions were discussed for the shops and mechanic positions posting will ensure for both. Applications are being received but the stack is very small.

Elmway property
Mr. Rough has reached out to Chris Johnson and city. When they are ready more discussions will happen.

Conconully Agreement will be presented to the commissioners for signature once Albert Lin reviews and signs off.

State Audit Status. The audit areas were discussed and seems to be going well.

The Solid Waste Comp plan. Parametrix is doing the updates and they are beginning to work on that and will report back to the SWAC. Commissioner DeTro explained that some SWAC’s are only updating the portions of their plan that are mandated not the whole thing in order to keep costs down. He isn’t sure if Wenatchee has the same DOE person working on their as is working on ours. MR. Rough would like to leverage the funding as that would be good. The recycle program was discussed. Commissioner Hover believes future alternatives should be considered in the comprehensive plan. Commissioner Branch stated the recycle committee has been looking at new technologies and capital investments.

Solid Waste Union Negotiations were discussed.

Maintenance and Road Conditions
Engineer Thomson provided updates on the roads listed on his agenda to inform the commissioners on which roads are experiencing failures due to weather conditions and washouts.

The Loup Loup Canyon Road was discussed there was a mud slide over 100 feet wide with many logs and debris. There are some areas that will need to be addressed over time a five year permit will be worked on with WDFW.

Upper Beaver Creek Road was discussed. We need to look at who should be doing those repairs either a contractor or county crews. Commissioners believe a conversation with the other parties involved and mitigation strategies discussed. Commissioner DeTro believes BPA should be part of the solution. Commissioner Branch stated it sounds like there are many projects that cause us difficulties and he believes that communication of projects should be part of the solution and future projects to ensure the county is on board with those projects. Engineer Thomson explained that perhaps this issue will help the project organizers to realize the comments of the county on projects should be considered with more weight.

Peter Dan Road. The engineer explained he has been getting many calls about the road.

SR 20 was discussed. Engineer Thomson provided a timeline based on the work that has been accomplished by the state so far. He doesn’t see that project being completed very soon.

The FEMA PDA response has not been received yet, but they were sent in just last week. He does have the DDIR turned in for Peter Dan Road for funding application. He will find out further what emergency access can be provided for those inquiring and not jeopardize the funding. Commissioner DeTro spoke to Senator Short and she recommended we keep a running tally of the costs regarding our road situation. That will facilitate Senator Short helping us to find funding.

Overtime was discussed with about 59 hours paid out.

Engineer Thomson discussed the Bridge Condition Inspection Reports. (attached)

Speed Limits with regards to state and county laws were discussed as to the Indian Dan Canyon Road. He would like to keep the road at 35 mph because of how narrow it is. That will process will move forward. Those that use that road support this action.

Texas Creek and Old Carlton Roads will also be reduced to 35 mph which is supported by the commissioners as there are many residents on those roads and safety concerns do exist. A petition was received to drop the speed limit near the Mazama Store,

Safety grant funding applications are being worked on.

B3 and B15 bridge replacements top course will be applied soon.

The conservation district hazard tree removals are moving along.

WATV map and plan moving forward was discussed. Commissioner Branch thought we should reach out to the DNR for a conversation about the map and plan. He thought we should touch base with them. Commissioner Hover stated we should too and include Forest Service and DNR. Commissioner DeTro explained his hope that the Forest Service does not close all the roads and then open them up individually. Commissioners would like to reach out to the Eders, Forest Service and DNR before moving forward with the process to open WATV roads in the north county. Engineer Thomson mentioned a portion of a 50 mph road that is not depicted on the map and he suggested that short portion be reduced as it provides a connection to another road.

Commissioners Hover and Branch convened the board at 1:30 p.m

Citizens Comment Period
Laura Super, Brian DePlace, Methow Citizens Council

Pleased there are regular comment periods. Commissioner Hover explained the county is currently under litigation and the board needs to be very careful about what they say. If they are not offering any responses it is due to that. Mr. DePlace stated as he discusses Title 20 he will focus on the administrative portion of it which is currently not under litigation by them. Commissioner Hover stated he would be more comfortable discussion those sensitive items with Albert Lin here. Ms. Super stated she understands. Commissioner Branch explained the earlier discussions he had with Albert Lin to discuss with the group issues before the board discusses it. Title 20 is an adopted code provision and is not under current litigation. The verbal agreement was to look at everything. Mr. DePlace would like to provide constructive comments about the process and then talk about potential revisions should the county go through a county process. Commissioner Hover called Mr. Lin to come and attend this citizen comment period. Mr. Lin stated we are currently in litigation regarding Title 20.

Ms. Super stated there were two points she wished to discuss regarding the Title 20 revisions.

Mr. Lin arrived at about 1:50. He recommended as representatives of MVCC be able to comment but warned that they not delve into the litigation and how Title 20 relates to that. He doesn’t think there is a problem with the board making a record of the comments as long as it doesn’t relate to litigation. Mr. Lin left.

Mr. DePlace summed up what they have been hearing in the community as people are confused. The first issue is regarding the omnibus hearings and what came from those hearings. Is there an analysis of those omnibus hearings and they were led to believe there would be. One missing piece is that there is a link on the website with many records and seems to crash before uploaded. It is just the record but no analysis. Because that information is not available or transparent the rei s question about the criteria and without that baseline there is confusion about that moving through. What is being reviewed and referenced as a base line. Commissioner Hover said that conversation happened yesterday. Prior to Hirst Ecology signed off on the line right wrong or indifferent. Mr. DePlace explained the non-transparent way the Planning Department decided how this would be relayed. In order for people to obtain the information a Public Records request is submitted but that doesn’t provide an expedient way for people to get the information from which to base their comments on.

Public Hearing – Supplemental Appropriation Fairgrounds Facilities 127
Commissioner DeTro opened up the hearing to staff. Josh Freel explained this supplemental is for the internal expenses for fuel, small tools, and utilities due to not enough budget being provided in the adopted budget. Director Huston stated the auditor made a different ruling about where things were to be paid. There are heating fuel costs that were not accounted for in the total allocation.

Commissioner DeTro closed staff and opened up to the public seeing no one he closed public comment and opened up for commissioner discussion

Commissioner Hover asked about where the funds were derived from. The Clerk of the Board explained those funds were received from Fair rentals above and beyond the amount budgeted. It was the line items where the finance manager suggested the bulk of the funds come from.

Motion Resolution 84-2017 Budget Supplemental Fairgrounds Fund 127
Commissioner Hover moved to approve resolution 84-2017 a budget supplemental within the fairgrounds fund 127 in the amount of $37,000. Motion was seconded, all were in favor motion carried.

The citizen comment period continued.
Mr. DePlace stated the county should be efficient with its legal notices, but on the website he believes more information should be provided. A list of parcel numbers are there now and it is hard to know which parcels he must go through to know if he is affected. The nature of the project should be articulated. Ms. Super would rather see the findings of fact on the website. Commissioner Hover said in another county two hydrogeologists who were in conflict about how much water is available. Measuring water is a scientific opinion. Managing a resource with a finite amount of resource. To figure that out, is what the board is trying to do. It is hard to figure out. Putting water into trust is a very scary thing for people to do, he would rather dump the water on the ground then conserve it then have it taken away later because he wasn’t using it. These are the quandaries people are thinking about. Mr. DePlace said there could be lower hanging fruit we could work on then build up to a more complex resolve such as water banking. Ms. Super asked if the Omnibus hearings still gathering information because the Yakima’s have not commented. Director Huston replied it may be time to take a look and provide a better process and transparency. Since we have evolved our package, we have created a template and looking for specific things for the package those can be posted on the website. Commissioner Hover thought the check list could be posted. Director Huston explained the checklist must be melded with the application. That information could be posted before he makes his decision. It was suggested that it be by address rather than by parcel number. Mr. DePlace believes a few smaller steps towards providing the information on the website would reduce public records requests later. Ms. Super observed that the questions raised are the same questions asked before regarding the water situation. It should be more collaborative experience. Commissioner DeTro stated before DOE was very involved and now the court decision is pushing it off. Commissioner Branch said right now there their role is unsure right now. He said the link to DOE would be helpful. Director Huston stated they are likely waiting for legislature to come up with some magic formula which all water issues are applied. Commissioner Hover stated he hates to see water right sold out of the county. Commissioner Branch stated the omnibus hearings offered information, and we have a lot that has been submitted via comments on the water right applications. The studies are here and being looked at and he thinks people would like to know what that information is being considered in the final. Mr. DePlace would like us to list the information we are using for our basis. Commissioner Hover has heard it both ways when there is too much information and when here isn’t enough. The task is not black and white it is so site specific.

Ms. Super discussed the subdivision applicants should be screen out for those without a demonstrated adequate water. Mr. DePlace believes other counties are doing short plats and water adequacy should be discovered.

Mr. DePlace would like the rules of the processes stated plainly. Commissioner Branch thought the water availability is what people are trying to learn how it might impact them in regards to their project. Everyone is interested in getting a clear picture as it is really confusing right now. The degree we can clear up the available the message can be. When there is a lack of information it creates a confusion. The checklist would be very helpful. We have to start somewhere.

The group went through their list of concerns with the information being provided regarding Title 20 processes and water availability, subdivision applications, and development plans. The thanked the board for their consideration and ear.

Public Hearing – Utility Franchise City of Pateros U02-17 – Verlene Hughes
Verlene stated this was a renewal of a utility water franchise for the city of Pateros. She stated the city would like to continue the four inch line. She relayed where the notices of the hearing were posted. No comments have been received. Engineer Thomson stated there are no issues with this franchise and he has no concerns. Commissioner DeTro opened the hearing up to the public, seeing no public to comment he opened up for commissioner discussion.

Motion Resolution 85-2017 Utility Franchise City of Pateros
Commissioner Branch moved to approve resolution 85-2017 approving the application of the City of Pateros for a water line franchise to construct, operate and maintain a waterline under, over, across and along certain County roads, highways, rights of way and other County property within Okanogan County Washington. Motion was seconded, all were in favor, motion carried.

Approve Consent Agenda
Commissioner Hover moved to approve the consent agenda items 1-6, as presented. Motion was seconded, all were in favor, motion carried.

1. Approve Meeting Minutes May 8, 2017 and May 9,2017

2. LTAC Policy and Procedures
3. Contract Destination Marketing Organization- OCTC
4. Contract - Ellisforde Transfer Station Truck Scale – Correll’s Scale Service
5. Agreement - North Central Washington Narcotics Task Force
6. Resolution 82-2017 Authorizing Josh Freel Signing Authority

Commissioners discussed holding back the meeting minutes of May 8 and May 9 to ensure the accuracy is articulated accordingly and discussed the need for more time for review.

Commissioner Branch adjourned the meeting at 5:00 p.m.