RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY BOARD OF COMMISSIONERS

May 9, 2017


The Okanogan County Board of Commissioners met in regular session on May 9, 2017 with Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Hover, and Tyler Tillett acting on behalf of Laleña Johns, Clerk of the Board present.

Meeting Convened at 9:00 a.m.

Member of the public, Emily Sisson, arrived 9:00 a.m.

Commissioners’ Staff Meeting
Josh Freel, Jaci Routin, Kim Spivey, Tanya Craig, Laleña Johns, Albert Lin, Perry Huston

Josh Freel asked how the county wished to handle Fairgrounds social media. He asked if the Fairgrounds had a Facebook page. Ms. Johns stated that she has administrative rights to the one that was previously set up but it has not been monitored nor updated in quite some time. Mr. Freel stated the Fair Advisory Committee also inquired about a separate Facebook page for fair.

Ms. Craig stated that if commenting were allowed on the Facebook page the county would have to keep the meta-data by law as it becomes a public record. Commissioner Hover asked if a page could be set up without the ability to comment. Ms. Craig explained if a group is created and it is connected to a page it could be. Albert Lin asked if there was any personal social media pages being used in any of this. Tanya said no, that they were completely separate. Commissioner Hover thought two groups could be created both attached to a single page which would not be anyone’s personal page. Ms. Craig said that if the fair advisory committee doesn’t mind then we could make them administrators of the Fair group page that way they can also post information only. Mr. Lin said that was fine as long as it is separate from a personnel page.

Mr. Freel asked about the Camp post newspaper ad and asked whether the commissioners reviewed the notice yet. Ms. Johns stated that she did not provide the ad to the commissioners for their preview even though she did receive it from Mr. Freel. She thought the ad looked fine but knew that Human Resources Director should also be involved with approval and thought Mr. Freel was working with her to finalize the one for commissioners’ approval. Commissioner Hover asked if it was going to be a paid position or not. They talked about the position being in-kind Compensation situation in trade for camping and provided Fairgrounds duties. A contract would need to be created and approved outlining those duties.

Mr. Freel explained there were eight (8) dirty horse stalls when he arrived at the fairgrounds. It appeared that someone helped themselves to the stalls without paying. There was about $240 collected for RV campers attending the Fiberfest. Commissioners DeTro thought a conversation should happen with the casino to make sure they are aware people must pay to use the stalls so this doesn’t happen again. Ms. Craig thought it would help if we display our rules on signs around the grounds that way everyone can clearly see our fee schedule for the barn use. Commissioner Branch asked if there was a receipt that could be displayed on the windshield or stall that way we know who has paid and who hasn’t. Mr. Freel doesn’t have that type of receipt but was thinking about getting some. Fairgrounds lost about $500 profit because of people not paying and no one monitoring the grounds over the weekend.

Commissioner Hover asked about the donation for the Annex stove that was received a couple years ago. He would like prices for a new propane fridge. Mr. Freel stated the stoves are working well now and thought funds would be better used to purchase a replacement fridge due to rust and unsanitary conditions of the current fridge and it not passing an inspection. Ms. Craig said that she went over prices that the fair committee had for the fridge and stove. She will try and obtain those. Director Huston stated that the grandstand has to be completed by the end of June. The old ones stands would need to be removed before the new ones are put up. Time is running out to use $90,000 Dept of Ag grant. Commissioner Hover stated that we have about 50 days to finish the project. The Board believes there is not enough time to properly put the project plans together. The board would like a letter sent to Dept of Ag notifying them the county will not be able to complete the project by June 30, 2017 so someone else can utilize the funds. Match funding has not been identified at this time either which poses a significant problem.

The Clerk of the Board Ms. Johns provided her agenda. (attached) She discussed the following administrative she is responsible for.
Lodging Tax Advisory Committee
DMO Contract–Exclusive versus non-exclusive language, need direction for approval or edits

Ms. Johns provided the Draft DMO Contract. She asked the board to review and provide direction as to the exclusive versus nonexclusive language? Is the board comfortable with the use of NON EXCLUSIVE language in regards to the logos, trade names etc. Commissioner Branch asked it made much difference legally. Mr. Lin said that if it is done for the benefit for the county then that there is concern about the brand being used by everyone. Commissioner Hover stated the more it is out there the more it’s out of place.
It was thought it could not be protected as too many people use the brand Commissioner Hover asked if it is our trade mark wouldn’t it be exclusive? The trademark is not registered or copyrighted. The reason is so that they can freely use the logo to enhance the tourism. Commissioner DeTro stated if the DMO owns the brand then they have the hammer on the contract. Commissioner Branch stated the tourism council created the logo. The brand was created over a period of time. The County’s Public funds were used to create it. Commissioner DeTro explained if the county owns the brand then no one can steal it. Commissioner Branch replied there are other options out there if we are not satisfied. Ms. Craig explained if we do have a new DMO then they can find a new brand that is fresh. Ms. Johns explained the LTAC is looking for the board’s decision on this and she would like the board to authorize it next week. The other language on DMO reporting and scope of work was reviewed and the board found it to be satisfactory.

Energy Project PUD call, Dept. of Enterprise Services visit, Supplemental Appropriations
Ms. Johns updated the board on the Capital Improvement Energy Project budget supplemental. She explained she received a call from PUD Ken Stanley who indicated the county’s $128,000 energy incentive is not at state due to the length of the project being completed.

CDBG General Purpose Grant Fire District #15 Commerce Monitoring Visit-Handout
Ms. Johns explained she will meet with the Department of Commerce on May 24 as they will be doing a Grant Monitor visit to monitor the county’s file on the CDBG Economic Development Grant for Fire #15. She has prepared all the requested information that will be monitored. (attached email)

Trial Court Improvement Information- Other county uses of fund -Handout
Ms. Johns provided the board with the information from other counties uses of their Trial Court improvement funds. (attached)

Receipt of Dept. of Correction Termination of Lease Letter- Hancock Building
Ms. Johns asked the board to think about another renter for the Hancock building due to the Dept of Corrections terminating their lease with the county. Currently the count receives $1657 per month rent from them.

Direction-Eastern State Hospital Fees- Spokane County Support Letter?
The commissioners would like Ms. Johns to complete the letter for their consideration next week.

Code Publishing -2014-2016 publications current Budget is $2500, possible supplemental later
Ms. Johns explained all the ordinances of the board have been submitted to the Code publisher for publishing. Those costs may be more than what is currently budgeted. We won’t know until the bill comes, however.

WSAC Invoices PILT Dues $3,350, HR Assessment $552, Columbia River Assessment $4,000, Public Lands Assessment $3,397
Ms. Johns explained several invoices received from WSAC that are outside the normal dues she is familiar with. She asked for guidance on whether the board felt they were appropriate to process and asked the board to recall whether they were discussed with WSAC previously as being necessary.

Prepared CDBG Housing Rehab Grant SEPA Findings of Categorical Exemption & NEPA Determination of Exemption/Categorical Exclusions –Director Huston approved review
Ms. Johns explained she prepared the environmental review documents for the CDBG GP Housing Rehab grant which Community Action Council is a subrecipient of. Those were reviewed and signed off by Director of Planning Perry Huston. They need the board’s signature then will be sent to Commerce for further approval.

Supplemental Appropriations Public Hearing Publications:
Ms. Johns explained several Public Hearings were scheduled to consider budget supplemental appropriations. They were for County Budget Amendment, Capital Improvement fund 134, Vehicle Reserve fund 197 to Current Expense, and LTAC fund 126 due to Fairgrounds Grandstands project. Contract not being funded. She stated the commissioners could continue those hearings to another date if the board felt they needed more time to consider.

Ms. Hall expressed concern about the supplementals and asked that they be cancelled until after the budget amendment on May 23. Ms. Johns suggested continuing those hearings to June.

Update Human Resources/Risk Management -Tanya Craig/Debi Hilts
This meeting did not take place due to not enough time.

Update- Treasurer – Leah McCormack
Laurie Thomas, Leah McCormack, Cari Hall
Treasurer McCormack stated she would process no more payments on the current expense loan until a few months down the road.

Over time for Sheriff was discussed as those costs may not have enough budget and it could create difficulties with payroll.

Treasurer McCormack asked if there was there a timeline for the county to hold a public auction for the surplus property the board wished sell such as the real property known as the Hubbard road property? The assessed value is firm and is the minimum price accepted. Commissioner DeTro stated he believed the interested buyer can wait until the Treasurer’s normal foreclosure sale in December. Commissioners Branch and Hover agreed that the sale could be postponed to the Treasurer’s convenient date. The extra cost for advertising and staff time would be avoided.

Sheriff Rogers, Joe Somday, Steve Brown arrive shortly after 10:30 a.m.

Cari Hall explained a Jail over time supplement is needed due to average per month costs and June payroll will be frozen for everyone if a supplemental is not done by June. She isn’t sure what is needed. Joe Somday stated a supplemental was already submitted in the amount of $82,000. Commissioner Hover stated a department level budget amendment would be done May 23, 2017 and he wondered if all the funds should be moved right now. Because the board was looking at the county contingency and looking at county revenue exceeding expected receipts that could be used instead. Leah stated the county assistance funds are receipted in and then is part of the Public Health allocation with $70,000 coming out of current expense. Commissioner Hover was concerned about moving the $82,000 to Jail over time budget but we have only identified about $40,000 in revenue over what was expected. Leah explained the contingency is used later in the year for emergencies so right now they look at other revenues to cover the expense and is the preferred method. Ms. Hall stated about half the funds have been identified. Thomas stated since we are revisiting the budget that we should do it in increments rather than all. Look at it again later since the board is considering amending the county budget at the department level

The Sheriff’s budget is going to need a supplement of about $95,000 for overtime as well which will get them through to the end of the year. They currently have enough to get them through July. Leah would like to wait until the county budget amendment hearing is done. Ms. Hall will work with Noah and submit for that one now so it doesn’t hold up payroll. Commissioners are comfortable with that.

The Clerk of the Board discussed the Capital Improvement fund obligations to the Energy Project as she has requested a supplemental appropriation for $551,000. The original project budget included $630,000 cash from the county in the projects total budget.

Bid Opening Ellisforde Transfer Station Steel Truck Scale
Josh Thomson, Amanda Moody, Ben Rough

At 10:45 a.m. Commissioner DeTro stated the time for receiving bids is here. One bid was received.

RB Pugh Company, LLC from Moses Lake Washington
Bid bond Power of attorney

Total Bid without tax $41,000
with 8.1 sales tax
Total Bid $44,321

Commissioner DeTro stated the only bid was the apparent low bidder. Public Works will review the bid.

Update Public Works - Josh Thomson/Ben Rough
Josh Thomson, Ben Rough, Director Huston

Superior Court Clerk PW Office Space for File Storage
Charleen Groomes, Susan Speiker,

Mr. Rough explained that the Clerk was interested in renting space at Public Works to store her files in one place. Mr. Groomes stated it would be her hope to store everything there that she has and clear out all the different places. The cost for utilities and rent has not been set. The rate is set for a private agency to rent but not for storage. He is looking at a number that is lower than that. The main thing is that the Clerk doesn’t have any idea as she doesn’t have the money to do this and would need a budget adjustment. Commissioner Hover stated he is comfortable taking a look at it. Ms. Groomes stated the files are fine where they are now but thinks freeing up that space would benefit the county. She discussed an evidence room would be kept for the current space. Liability wise she asked if there was a county vehicle which could be used for making file runs on Monday and Wednesday. She would rather use a county vehicle for that. She asked if Maintenance could help with moving the files. The containers are owned by the county. The Clerk thanked the board and left at about 11:12 a.m.

Mr. Rough updated the board about the additional temps needed to back fill mechanics and road crew members. The lead mechanic did turn in his resignation. Another mechanic is on medical leave which leaves the shop shorthanded. He is talking with HR about hiring a summer mechanic temporarily.

Consent agenda items were discussed.

Mr. Rough explained the Solid Waste Union negotiations are going well. The City of Okanogan has expressed interest in the Elmway property dike the county owns. Details are still being gathered about the situation. Mr. Rough stated a thick file exists on that property. The county’s interest in the property will need to be identified as well as the City of Okanogan’s interest. Commissioner Branch stated the City of Okanogan has concern that it is a Dike that protects the city and if it is compromised the city could be affected. The county should not be looking at making money on property. The county is currently doing the maintenance on the property and does the responsibility of maintaining the dike also transfers to the city as there is both private property and public property. This will need to be identified first.

Director Huston discussed calls he is receiving about the diversion of water. It is a regulated critical area and we do not have a clearing and grading ordinance in place, but we do go through an assessment when someone has work to do. Commissioner Hover asked for details. Director Huston stated people are alerting him of people diverting water to reduce water impacts on their property but in doing so it impacts someone else.

Maintenance Road Conditions
Engineer Thomson updated the board on road conditions. He further detailed some issues with woody debris and problems it caused. Commissioner DeTro explained the UCSRB representative, Chris Johnson, came in yesterday to speak to the commissioners about a problem Upper Beaver Creek. Commissioner Branch would like to have a meeting between all the parties. ON Sunday he received an email from Mr. Johnson about the issues which explained some of the issues. He would prefer if everyone could get together and discuss. Commissioner Branch asked if the supervisors are directed to converse with other regarding the issues before the issue comes before the officials for resolve. He would like to make sure that we get to some result and not continue as a battle. We might be able to do it better if everyone gets together to identify the fix cooperatively. Commissioner Hover respects that point of view, but his intent is that project got paid for by either electrical rate payers or tax money and he would not like for the tax payers to pay for it twice for an issue. If the drawings are true then…. He appreciates the money that comes in for the projects but there should be mitigations for things when something happens. Would the state say well that’s okay we’ll pay for it or would the state ask them to pay for it. There doesn’t appear to be any mitigation money identified for things that go wrong. Commissioner DeTro explained how the property is purchase by BPA then transferred to the tribe and removed from the tax the rolls. Commissioner Branch stated it takes longer to resolve issues if there is a fight right from the get go. There is a unified effort to get protections in place and avoids a fight, it is all in how we deal with it. He doesn’t want to see institutional culture that is anti-fish and we have opportunity resolve the issue. Use of professionalism is expected when dealing with sensitive issues and limitations regarding things public works is involved in.

FEMA preliminary damage was submitted. County roads on the reservation are listed Peter Dan, Omak Lake and Omak Mt. Roads are on that list so we can hopefully get some help for funding. He found out the Tribe is not going to help with the Peter Dan road so DOT will need to be approve that and it will be a long process. Both sides are CCT owned and he is looking and working on an expedited fix

Engineer Thomson explained the major problems that the state is going through with Hwy 20 Loup Loup.

JH Green road was discussed. The RCW regarding primitive roads was discussed. It exempts the local government from certain things and no liability is involved. JH Green is designated as a primitive road. Traffic count in 2015 was six, Average Daily Traffic has never been double digits. Chiwilican valley side in 2014 was 21 and highest was 22. The road its self on area 5 is very narrow on bedrock with little native material on it and it doesn’t get graded nor is it wide enough to plow. Engineer Thomson explained it does get plowed to the driveway of the complainant. JH Green road where the basis of the complaint is, there is a very muddy section and they looked at that section to see what could be done there. It looks like a $30,000 cost to put the rock on that portion of the primitive road. A person can obtain a permit from Public Works to do work in the right of way, stated Engineer Thomson. Commissioner Branch asked if there is the possibility of an alternate route road adjacent to the problems area that landowner could provide from there land. If an alternate route could be done by the landowners then that might be better.

Commissioners reviewed the road map of Public Works and discussed North County roads being considered to open for WATV use.

Citizens Comment Period
Commissioner DeTro stated if anyone arrived and wished to comment they could attend the Public Health meeting and comment on Public Health issues.

Public Health Board Meeting – Public Health Building - 1234 S. 2nd Ave, Okanogan
Commissioners attended the Public Health meeting.

Member of the public Jean Olson came in about 3:30 p.m. to take notes.

Commissioner Jim DeTro did not return from the Public Health Meeting as he had another appointment he could not skip.

State Auditor Entrance Conference-2016 Audit
State Auditors Steve Gadd, Kathleen Lince

Ms. Lince introduced herself and provided an agenda for the entrance conference. (attached) She discussed the focus areas. The new state auditor is Pat McCarthy and Ms. Lince will send a link to everyone for her.

Ms. Lince stated over the year the state auditor works with the Clerk of the Board Lanie Johns, County Auditor Laurie Thomas, Cari Hall and Treasurer Leah McCormack and Pam Johnson. She appreciates the time they spend answering questions and providing information.

Steve Gadd explained the following areas to be evaluated.

Accountability Audit
Steve Gadd went through the listed areas.
Commissioner Hover stated when the auditor reads the minutes have they established this document prior to that? No, Ms. Lince stated several things are considered after meeting with several department heads, then take a risk based approach using a matrix of detailed testing already done and there maybe departments they have not looked at. Specific risks may not have been identified but some have not been reviewed in so long that it warrants a closer look.

Financial Statement Audit
Steve Gadd went over the financial audit purposes. He said Ms. Hall provided the financial statements early so that threw them off a bit. Schedule of Federal Awards was discussed and which programs may be reviewed.

An engagement letter was sent out previously which was signed by a County Commissioner and County Auditor laying out what would be audited. If there were significant items the audit was looking at those items would be brought to the county’s attention.

Any confidential information provided should be identified as such as the auditor doesn’t always know when an item is confidential. Expected communications was outlined in the entrance document.

Ms. Lince went over the available resources available to us for technical assistance and comparative statistics should the county need training or tools to help prevent and detect loss. It is free of charge. She can help hook us up with this, just let her know. They will be back in June.

Motion Closed Session RCW 42.30.140(4)(b)
Commissioner Hover moved to go into Closed Session to discuss union negotiations at 3:55 p.m. for 10 minutes inviting Risk Manager Tanya Craig and Human Resource Debi Hilts. Motion was seconded, all were in favor, motion carried.

Motion Resolution 81-2017 Budget Adjustment Communications Fund 120
Commissioner Hover moved to approve resolution 81-2017 a budget adjustment within the Communications budget fund 120 in the amount of $340,000. Motion was seconded, all were in favor, motion carried.

Motion Methow Valley EMS District
Commissioner Branch moved to adjourn as the BOCC and reconvene as the Methow Valley EMS District. Motion was seconded all were in favor, motion carried.

Commissioner Branch moved to approve the Methow Valley EMS District vouchers in the amount of $54,920.50. Motion was seconded, all were in favor, motion carried.

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

Motion CDBG Housing Rehab Grant 16-62210-29 Finding of Categorical Exemption (SEPA)
Commissioner Hover moved to authorize the vice chairman to sign the Categorical Exemption for the Housing Rehab Grant. The exemption is under WA St Environmental Policy Act. Motion was seconded all were in favor, motion carried.

Commissioners acknowledged the CDBG Housing Rehab Grant 16-62210-29 Determination of Exemption & Determination of Categorical Exclusion review and signature of the SEPA official, Perry Huston and directed the Clerk of the Board to send the documents to Dept. of Commerce.

Motion Executive Session RCW 42.30.110 (1)(i)
Commissioner Hover moved to go into executive session at 4:55 p.m. for 10 minutes to discuss with legal counsel Albert Lin matters relating to litigation to which the agency may be a party. Motion was seconded, all were in favor, motion carried.

Commissioners extended executive session at 5:05 p.m. for another 20 minutes.

Approve Consent Agenda
Commissioner Hover moved to approve the consent agenda items 1-10, as presented. Motion was seconded, all were in favor, motion carried.

1. Approve Minutes – May 1, 2017 & May 2, 2017

2. Agreement – Employment Amendment-Anna Lyon
3. Contract Amendment-RAP Funding Old 97 (Driskel Rd to Verestar Rd)- CRAB
4. Reimbursement Request City of Okanogan- Public Works
5. Agreement-Project Overlay-Omak-Riverside Eastside Rd – CRAB
6. Call for Bids-Roll-Off Bins Solid Waste
7. Contract-HVAC Maintenance –DIVCO - Public Works
8. Contract-HAVC Maintenance – DIVCO - Public Health
9. CDBG Public Services-Grant Request #7
10. CDBG Housing Rehabilitation-Grant Request#3

Commissioner Branch adjourned the meeting at 5:30 p.m.