RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

APRIL 9, 2018


The Okanogan County Board of Commissioners met in regular session on April 9, 2018, with, Chairman Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board, present.

Review Commissioners Agenda and Consent Agenda

Briefing Among Commissioners – Discuss Individual Meetings & Schedules
Director Huston

Director Huston informed the board about a big washout that happened on the Similkameen Trail. He said there were unspent funds that could be used to make the emergency repairs. The funds were through previous donations that were in the Planning Budget but had been absorbed by Current Expense and carried over for the past eight years. Commissioners asked about the parks and recreation fund administered by public works. Those funds are different and administered by Public Works. Director Huston will consult with Public Works Engineer Josh Thomson on the needed repairs.

The meeting with Yakama Nation was originally set for April 18 and that worked best in Toppenish.

Director Huston explained his employment contract has termed. The term was set at three years, but it should be consistent.

Motion Executive Session RCW 42.30.110 (1)(g)
Commissioner Branch moved to go into executive session for 15 minutes at 9:30 a.m. inviting Perry Huston to discuss the performance of a public employee. Motion was seconded, all were in favor, motion carried.

Executive session ended at 9:45 a.m. no decisions were made.

Treasurer McCormack brought the Finance Committee financing certification up for Commissioner DeTro’s signature so she can get it off to public disclosure. Commissioner DeTro signed the document.

Exit Conference Methow EMS – State Auditor – Possible Conference Call
Cindy Button, Director Aero Methow Jessica Stang State Auditor’s Office,

Commissioner DeTro thanked Ms. Stang for her work on the audit.

Ms. Stang provided the commissioners with the accountability audit report of the Methow Rural EMS District which covers the periods of 2014, 2015, and 2016. The purpose of the meeting was to go over the items in the report. She went through the audit scope and explained what would be published. The District operations did comply with applicable state laws, regulations, the districts own policies, and provided adequate controls over the safeguarding of public resources.

Contract compliance was discussed. The commissioners asked that the contact information be changed to reflect the county’s address as it incorrectly had Aero Methow address. The exit items were discussed and were noted in the report. There were underpayments to the service provider and the district did not demonstrate it obtained evidence of insurance coverage for fiscal years 2014, 2015, and 2016 although the district was covered. The property values were lowered for many due to the fires which may not have translated over to the invoices. Ms. Button didn’t know how that played a part in the amount of the invoices.

Ms. Button explained insurance vendors for insurance was changed and she had previously requested proof of insurance by Libke and they were not able to provide the COI’s for previous years. The district had insurance during the periods reported. Commissioner DeTro verified that the district did have insurance coverage.

In conclusion, Ms. Stang explained notification will be provided prior to report publication. The audit costs were discussed it will be about $2,000 with no travel costs due to no trips here to discuss the audit. The board was encouraged to fill out a survey about the audit which would provide feedback to Auditor Pat McCarthy.

The next audit will be conducted in 2020 for 2017, 2018, 2019. A reminder was given regarding federal awards.

What can we do now that will help make everything easier for the next audit? Everything is pretty routine and they will always be looking at the contract and payments. Ms. Button further said they received a $100,000 grant award in 2017, and they were selected for a federal audit, but does that need to be sequestered in preparation of the 2020 audit. Yes, one step during planning is to consider any other audit results.

The report will be modified to provide that the Board did sign all Methow EMS vouchers certifications during the reporting periods.

Methow Valley Health group meets on April 13 and will discuss Methow Valley Health. Commissioner Hover may stop by Aero Methow finance committee meeting on April 24 at 4:00 pm at their office. Ms. Button will send the commissioner a reminder.

Motion Executive Session – RCW 42.30.110 (1)(i) – Legal Matters
Commissioner Hover moved to go into executive session at 11:30 a.m. for 30 minutes inviting Allan Fisher, Mid Valley Hospital; Dr. Peter Rutherford, Confluence Health, via conference call; John McReynolds, North Valley Hospital; Scott Graham Three Rivers Hospital; and David Gecas Attorney for Okanogan County to discuss legal matters to which the county may become a party. Motion was seconded, all were in favor, motion carried.

Executive session ended at 12:00 p.m. no decisions were made.

Public Hearing – Revisions to OCC 17A Cannabis Operations Ord 2018-2
Perry Huston

Commissioner DeTro opened the hearing up stating this hearing was to consider revisions to the code regarding marijuana operations controls. He asked for staff report.

Director Huston provided his staff report. The purpose of the hearing was to take public comment on whether or not to adopt the interim controls or consider additional controls. He provided the board with their options. Either leave the interim controls in place or repeal them and go back to the prior regulations in place. In terms of process, he has issued a threshold determination and the draft is out to the public and a Public Hearing set for May 14 before the Planning Commission on the proposed regulation and then continue deliberations and then provide a recommendation to the board. The review process would be completed around June or July this year.

Director Huston stated one task is to adopt the findings. The findings were built into the recitals within Ordinance 2018-2. Commissioner Hover asked if the interim controls were left in place a motion to keep them could be done, but if amended then direction to staff would be needed to draft the document.

Commissioner DeTro called for public testimony. No one wished to testify although there were several public in attendance. No one wished to sign in.

Motion Cannabis Interim Controls
Commissioner Branch moved to leave the proposed interim controls in place as adopted by ordinance 2018-2. Motion was seconded, all were in favor, motion carried.

Lake Management District
Met on April 4, 2018 -Veranda Beach HOA
Director Huston was to contact Veranda Beach executive board about the Lake Osoyoos weed program they have in place. Anna Lyon also attended that meeting. No action was take while they were there. It is not sure what their position is now, but he hopes to get some feedback. If it were part of the district how much treatment would the Veranda Beach area receive? Director Huston said currently the Veranda Beach development treats their lake shore every year and they spend around $8,000 per year.

A couple new maps will be created with various ways to gage which individual parcels would be part of the district. A budget was put together at around $45,000 per year. A final iteration will be presented to the board at a subsequent meeting, said Director Huston. He explained that some land owners own several parcels by Veranda Beach and they only get one vote, and would be good to include. Director Huston explained other conversations with the board that were around lake front properties and agriculture properties.

He contacted Ms. Voelkers with BLM about the Similkameen Trail washout.

Initiating Governments - City of Omak, OTID, and Okanogan County
WRIA 49 watershed plan revisions-
The Colville Tribe and other interested parties and 11 people from various agencies were in the audience.

Introductions were made of those at the table:
Via conference call, Vanessa Brinkhuis, representing the DOE water resource program and contact for the central region.
Todd McDaniel, Omak
Jay Obrien, Okanogan
Char Schumacher, Okanogan County
Craig Nelson Conservation district
Jerry Barns WRIA 49 work group

Due to the Governor recently signing the supplemental operating budget, including funding for implementing new water rules (ESSB 6091.) ESSB 6091 relies on planning units created under chapter 90.82 RCW for specific water resource inventory areas (WRIAs) to update existing WRIA plans, with the goal to support actions that restore and enhance stream flows. The county invited the initiating governments to help figure out how to address the rules, and figure out who the lead agency is.

Ms. Brinkhuis explained the grant is called “Local capacity grants” and up to $50,000 is awarded, to support lead agencies’ staff time to implement the new law. Additionally, up to $150,000 may be available for the first phase of planning. The funds will be available to the lead agency to complete the following activities:

1. Supporting planning unit meetings, including facilitation and public outreach;
2. Estimating 20 year consumptive impacts from domestic wells;
3. Reviewing previous plans and studies for relevant elements to be included in the update watershed plan; and
4. Identifying additional technical information needed to complete the plan so that it meets the requirements of ESSB 6091.

Lead agencies may be awarded additional funding for phase 2 to collect technical information identified in the first phase of planning and to complete a watershed plan that meets the requirements of ESSB 6091. Funding amounts will be determined after completion of the phase 1, and must include agreement from all initiating governments to seek the additional funding. Funding availability after June 30, 2019 will depend on the level of legislative appropriations in the Fiscal Year 2019-2021 budget adopted next year.

A power point was provided showing the highlights of the discussion today. (attached) An agenda was provided as well. (attached)

We are only required to figure out WRIA 49 as the rule does not explicitly address the rules and applies only to new domestic water. WRIA 48 already has language to rely on regarding in stream flows. Deadline for plan revisions is Feb. 1, 2021.

Today we are here to determine lead agency and watershed planning make-up in order to make-up the watershed planning unit amongst the initiating governments.

The lead agency shall invite a rep from each recognized Indian tribe that has usual and accustomed harvest area within the water resource inventory area to participate. Mr. Craig explained how this was handles when Okanogan Conservation District was lead agency before.

Minimum requirements for watershed plan revisions were discussed. Commissioner Hover asked what the requirements are based on for consumptive use. There is information provided by DOE, he replied. The information the watershed plan may include was discussed. How are we collecting the $500 fee in WRIA 49 if a person is calling the well driller and he goes through those steps to drill a well and the well driller is then contacting DOE and going through their process, who is then collecting the $500?. Each new building permit is to be charged $500, replied Ms. Vanessa Brinkman. Dan Higbee stated it was discussed previously that it would be collected by the building department. That was a preliminary discussion, stated Director Huston.

The list of 27 entities and who they represent was discussed. Commissioner DeTro asked who is still viable from that list. Mr. Craig read from the list the names of who regularly attended those meetings during that time. Commissioner DeTro thought we should start by reaching out to those listed on the master list and see who is still able and willing to serve. Commissioner Branch would like to review the list created first to go through the potential organizations to be represented. A letter would be sent to follow up with those agencies on their desire to participate. The commissioners directed Perry Huston to begin the process of identifying the initiating governments.

Director Huston asked what selection process is to be used for those selected representatives to participate. Commissioner Branch would like to ensure a balance of governments and that everyone feel good about the list. Director Huston will provide outreach to those who were originally on the list first, then do additional outreach.

Lead Entity selection process
If the board choses to consider a different lead agency than Okanogan Conservation District, then an RFP will need to be published. Commissioner Branch explained the board of directors must consider the offer first. Mr. Nelson would need to take it to his board and ask them what the compensation would look like.

Mr. McDaniel commented that if it isn’t broken then why fix it. Many commented that there was a lot of relevant work that went into the watershed plan, so why recreate the wheel.

Ms. Brinkhuis, DOE, explained there will be a couple different types of grants. Local Capacity Grants supports lead agency staff time to implement the rules. She further explained the phased funding that may be available and what those funds can be used for to complete the plan and meet the requirements in the bill. Phase two funding amounts are not known yet. The system is still being put into place. The templates will be available to Ms. Brinkhuis. The grants will be submitted in paper form and will eventually be integrated to allow submittals via electronic email. Commissioner Branch asked if Ms. Brinkhuis would attend the meetings of the group on a regular basis. She will get clarification on that use.

Director Huston asked what funds would help with staff time for his initial work on the new rules prior to the group selecting a lead agency. Ms. Brinkhuis explained she will find out if the local capacity grant would support county staff time spent on the initial planning work. Ms. Brinkhuis said the requests for reimbursement can be back dated in order to capture the time spent initially. In the interim, we still have DOE requirements to meet. The timeline is very tight.

Comprehensive Plan
Continued discussion
Angie Hubbard provided the draft plan via screen projector. The section discussed was regarding groundwater and the county’s support of water banking.

Commissioners discussed the readability of the plan to ensure the language in the plan is clear. The commissioners discussed the general planning objectives.

Discussion – Clerk’s Portal Fees – Charlene Groomes
Susan Speiker, Isabelle Spohn, Salley Bull, Nancy Soriano

Clerk Groomes explained the Clerk Portal and how and who is allowed to use the system. She said it has taken a lot of work to provide records that are requested. She explained who would be charged to use the system and yet she must maintain everyone’s sign-on information. The Clerk proposed that folks would be charged a convenience fee for using the system. It is a major convenience for people to have access to the information. A resolution will be drafted for commissioners’ consideration in order to adopt a Fee schedule for the Clerk’s office.

Commissioner adjourned at 4:45 PM.