RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

AUGUST 28, 2018


The Okanogan County Board of Commissioners met for its regular session on August 28, 2018, with Commissioner Jim DeTro, Chairman, Commissioner Chris Branch Vice-Chairman; and Laleña Johns, Clerk of the Board, present.

Commissioner Andy Hover, Member, absent today due to attending to personal business.

George Thornton member of the public taking hand written notes.

Commissioners’ Staff Meeting
David Gecas, Stella Columbia, Joe Poulin, Perry Huston

Ms. Columbia reported that NCI Data will charge a onetime fee of $500 to install the wireless satellite permanently at the fairgrounds with no contract and we choose when it is to be used. Or we could pay $250 for it to be installed just for the fair then removed afterward. This would provide internet access to RV guests and users of the facilities. The phone system is being changed over to Shoretell. Commissioner Branch asked if someone else can provide the internet connection and would it be any better. Ms. Columbia did not know.

Ms. Columbia explained an issue about how to provide insurance coverage for volunteer equipment operators during the fair. She said she spoke to Ms. Craig about it but at this point she still doesn’t understand. She was told to call around to insurance companies for quotes but the companies she contacted are having a hard time understanding precisely what the arrangement is they are to provide a quote for. Director Huston directed Ms. Columbia to discuss with Ms. Craig the specifics of what exactly the Risk Pool will cover. Mr. Poulin said the liability portion of an accident is not covered when a volunteer is allowed to operate county equipment. Only county staff is covered by the county insurance.

Ms. Columbia asked exactly what is the county’s liability when a lessee breaks a contract with the county or liquor licensing laws of their WSLCB permit? Commissioner DeTro replied that the Security Company should know what they are allowed to do when a guest is in violation of the contract with us. The Sheriff is also authorized to enforce the laws. Phoenix Security staff may not perform a citizen’s arrest if any illegal activity occurs rather they should call the sheriff. Director Huston explained Joint and Liable in terms of this scenario should someone who is too intoxicated drive and injure someone.

David Gecas discussed similar cases where Phoenix Security was involved. He thought it had to do with Stampede.

Ms. Columbia explained the Agriplex could be rented to more groups if the sound issue was resolved. The PA system sound reverberates badly with music being the worst. More events could be held like concerts if the acoustics were better.

Joe Poulin provided a job description for a Maintenance Tech for commissioners’ review. Commissioner DeTro stated he would like Commissioner Hover to review beforehand.

Mr. Poulin explained what preparations are being made by his staff for the fair.

Mr. Poulin said a bid was received to replace the pipes that caused the problem in the Juvenile Detention. A camera was sent down the sewer to see what the root of the problem was and tree roots were seen coming through the lines. The resolve was to apply copper sulfate to kill the roots, but that is not a permanent fix and the pipes will need to be replaced at some point. Bids for that will be solicited. Also one of the trees will need to be removed. Commissioners understood the issues and commented on how well the grounds look.

Mr. Poulin said the new fairground’s bathroom received its final inspection and was signed off. He suggested having a grand opening with balloons and ribbon cutting. The commissioners thought that was a funny idea.

Attorney Gecas explained some items he is catching up on now that he is back in the office. Some research is needed in order to answer the question about the Lake Management District ballots and how those are to be handled. There are several public records requests that have taken a significant amount of time to review. He stated the most recent search turned up 300 hits and he put a lot of work up front to narrow it down to 100. There is nothing that requires the requestor to be reasonable and the only thing we can do is ask for more time. There is a WAC that addresses this vaguely and does leave us in a tough spot. The division of appeals set the penalty to zero when an entity withholds requested responsive documents within the time allowed.

Director Huston noted the Letter of Intent discussion is scheduled today at 2:30 and there will be several entities calling in via conference call to participate in the discussion. Draft ordinances for Tunk, LMD and Cannabis will be readied for signature too.

Update – Assessor – Scott Furman
Treasurer McCormack, Larry Gilman, Dee Wood, Perry Huston

Director Huston explained they put together about 229 ballots with 229 statements some of which are multiple parcel owners, and the mailer is already formulated. Which office will mail the annual invoice? Treasurer McCormack said there is more to it than that. Is the board set up to do this? The Board of County Commissioners is the board for the district, state Director Huston. Treasurer McCormack said for most districts she bills these are the questions that come to mind 1) Who is then going to give her the roles, 2) Who sets the rate, is it in the ordinance for the $160 per parcel charge, 3) When that happens when is billing to occur, will it begin 2019? Also, her office will need all the information for the second half of the year and no later than November 1. Is she allowed to charge the district a service charge like she does other districts, she bills $1.75 per parcel? Yes, and a preliminary budget will also be needed for expending and receipting the revenue, explained Director Huston. Who does the district resident contact when there is a problem with the billing? Director Huston indicated he has not yet received instructions but assumes he would be the liaison between the LMD and Noxious Weed. Who then deals with the person who calls and refuses to pay? She explained the delinquency rules for placing a lien on the property but she is not sure if it applies to this district situation. Assessor Furman read from information he had which says property can be foreclosed upon like in other situations dealing with nonpayment’s.

Assessor Furman provided his departmental update. His staff is currently working to complete this year’s assessments. The Oroville area will be appraised next. He is also working with the Chief Appraiser and staff for a smooth transition hoping what he has established in the department will be continued by Mr. Gilman as the newly elected assessor. Treasurer McCormack works closely with the Assessor’s office and has developed a really good working relationship among the staff. She feels comfortable working with Mr. Gilman in the future.

The commissioners discussed the Assessor’s previous request to send letters to WSLCB to object the renewal of certain WSLCB licenses where the marijuana licensee has not yet submitted a personal property list for taxing purposes. There is no other segment of business that has this lack of reporting personal property as this group has. He is hoping some legislation will be brought forth to address this issue as it is an issue state wide. Commissioner Branch said the reality is they are like other businesses and should be complying with the laws in this regard.

Public Hearing – 6 Year Transportation Program – Jo Ann Stansbury
Engineer Josh Thomson

Commissioner DeTro opened the hearing up stating the hearing was set to consider adopting of the county’s six year transportation program.

Ms. Stansbury provided her staff report. This is the planning tool the county uses for articulating its program to CRAB for funding. No comments were received. The appeal period ends August 30, 2018.

County Engineer Thomson stated there are 21 projects listed. The status is for each is either Proposed or Secured funding. He discussed that CRAB requires any funding we apply for to be on this list. The RAP prospectuses will be discussed later. There are newer projects he is hoping to get funding for. The Bridge Report was submitted previously for review. There is no way to propose a balanced budget right now without knowing if those projects are funded, but an amendment can be made later.

Commissioner DeTro closed the hearing to public comment and opened up the hearing to commissioners discussion.

Motion Resolution 88-2018 Adopting the County’s 6-Yr Transportation Program
Commissioner Branch moved to approve resolution 88-2018 which adopted the county six year transportation program. Motion was seconded all were in favor, motion carried.

Update – Public Works – Josh Thomson & Ben Rough
Engineer Josh Thomson provided his agenda and discussed the items listed.

Maintenance and Road Conditions
Engineer Thomson explained the Sinlahekin Rd culvert. He was hoping to have the authorization to purchase the culvert so it can be ordered and constructed this year. He may have that later today for signature. The cost is around $65,000 just for materials.

RAP Final Prospectuses
For the state funding, Engineer Thomson explained he submitted five projects with two being carried forward, with local preferences which would use the 10 bonus points we have. Engineer Thomson explained the first of the two projects is on Old 97 north of Comstat towards Silver Spur and the second project is the Loomis/Oroville road project. The decision must be submitted on Tuesday after commissioner approval. The board had no problem with those being submitted and using the bonus points for those projects.

Engineer Thomson explained for the 3R projects we can submit twice our limit with a 10% match, and he has three he has considered, they are: 1) Hwy 7 overlay, 2) Salmon Creek road drainage, and 3) Loomis Oroville culverts where Whitestone creek crosses the road in three places. That would be around $260,000 which would leave a lot of money on the table. The salmon creek drainage project is a priority and he will submit it if the commissioners are okay with that one. Commissioners were okay with submitting the Salmon Creek drainage project. Connie Iten was also previously asked to weigh in on the project.

Methow River Town of Twisp Concern
Engineer Thomson explained flooding is widespread in that area due to river dynamic and the desire is for everyone to discuss together a course of action at a meeting scheduled next week.

Buffalo Project CCT
Engineer Thomson explained this is a $5.7 million dollar award to the tribe out of Spokane. They still do not have the permit from the county but it is moving forward.

Peter Dan Road
The road was reopened on Friday, but work is still occurring to finish up the project.

Tonasket Bridge
This project will likely be completed at the end of October.

Engineer Thomson explained there were items belonging to Public Works that were recently declared surplus, but those items are planned to be sold elsewhere. He explained what those items were. The big items were the 1990 Cat 14 series and the backhoe, but the backhoe is actually going back to ER&R for landfill needs. He was hoping to get a different interest group to bid on the 1990 Cat. He also explained the radios don’t function and there was no way to delete the program in them. In the past those were disposed of via landfill and squished. The listed distributors are used for waste oil and one has a blown engine. The more recent distributor (1975) will be sold elsewhere.

Commissioner DeTro would like to know these details well before the auctioneer bid notice is published. In fact, the information should be provided prior to the public hearing to surplus. Because the grader was on the list the auctioneers bid upon and will be submitting bids based on the list, he would rather the grader stay here rather than being sold elsewhere.

Commissioners directed that in the future, if Public Works has a different plan for disposing of items surplussed, then that information needs to be addressed separately and must be known at the time the Clerk solicits surplus lists from departments so the resolution can reflect how the items are to be disposed of.

Commissioner Branch discussed sewer system pipes and responsibilities in terms of Elmer City.

Citizen Comment Period
Engineer Thomson was provided time this afternoon to explain the need for authorization to purchase the box culvert for Sinlahekin Road repairs. He presented the document for approval.

Motion Purchase Request
Commissioner Branch moved to approve the request of Public Works to purchase the box culvert from Contech Engineered Solutions for the amount of $63,417.10. Motion was seconded, all were in favor, motion carried.

Bid Opening – County Surplus Auctioneer Services – Laleña Johns
Dal Dagnon

Commissioner DeTro stated the time for receiving bids for Auctioneer services is now. Two bids were received on time.

Commissioner DeTro explained when the board met with Public Works earlier today, the radios on the list of surplus could not be decommissioned, and therefore those are not to be sold but rather destroyed. The back hoe is going back into ER&R to be used at landfill. Everything else remains the same.

Mr. Dagnon stated it doesn’t make a difference now. The back hoe was an important element to the sale, but the county needs it. Commissioner DeTro stated moving forward departments will be required to communicate when surplus is to be disposed of differently than through county auction.

Commissioner DeTro opened the bids and read aloud the quote of each bidder.

Campbell Auction Company
Copy of Auctioneer licenses
14.9% of gross

D&D Auction Company
Copy of Auctioneer License
14.9% of gross

Since both bids were exactly the same, the civil deputy will need to review and provide advice on the next step.

Dal Dagnon explained this happened in the past, when it did D&D Auction and Campbell Auction would just work together using a three party agreement then they would split the gross percentage of proceeds. The duties would also be split between the two companies. Mr. Dagnon suggested his company manage the book keeping as it would not be appropriate for them both to do that. The civil deputy will need to provide advice and Campbell Auction will also need to be contacted and agree.

Mr. Dagnon also suggested future bid notices include language to require vehicle dealer’s license, and a mechanism for collecting and remitting sales taxes and vehicle transfer fees.

CANCELLED Tentative Discussion – Probation Window Installation Bids – District Court

Discussion Letter of Intent Water
Perry Huston, Scott DeTro, Tyson Carlson

This meeting was initiated because the commissioners asked for more clarification on the letter of intent for water banking of Oroville Tonasket Irrigation District.

Tyson D. Carlson with Aspect Consulting is working for the district and is here to answer questions regarding the water mitigation Letter of Intent. He stated the price match is $10,000 County and $10,000 Oroville-Tonasket Irrigation District with an MOU that would provide the framework on how the mitigation program and water bank is to be co-managed to meet the needs of the county. The other thing is it allows funding under 92.61 but it is not clear what project would be applied for under the county program and water banking.

Tyson D. Carlson explained that correct terminology should be used as the term of the agreement will be in place a very long time with permanency and that is what DOE wants to see. There are many municipalities that rely on long term agreements such as Lake Roosevelt which supplies mitigation water to many entities for year round domestic water supply and they do so through a long term agreement. With the lease arrangement, there would be no problem with that. Commissioner Branch said it reminded him of a similar situation he knows the city of Oroville is involved in. There would be a contractual mitigation obligation agreement well before the long term agreement would be terminated.

The district’s attorney, Scott DeTro, stated what we will get is the building permit statute for adequate water supply, and a lender is not going to come back to determine the underlying provision. Do we have the mitigation certificate? OTID is different due to their statutory authority to withdraw water. They used a license agreement not a water right and that cannot meet the requirements by itself but it is terminable under certain conditions including use of the water. OTID is willing to fashion the contract like an interlocal agreement that outlines how the water is to come to the county .OTID cannot sell the water outright as it must be surplussed to the district’s needs first. The district has some of the most senior rights in the basin and county use of the rights does put us on secure footing, but everyone is subject to adequacy and curtailment. With an escape clause, OTID would need to terminate the use if the county has a mitigation program in place and OTID would not want to rip the rug out from under the county.

Commissioners have a good handle on what the $10,000 would be used for. Commissioner DeTro asked if there was a time line. The OTID is anxious to get something going and have put a lot of work into getting the water certificated. There is a real sense of urgency due to DOE releasing the funding as a result of proposals received. A good grant package would help position the county to capture as much of the funds as it can.
Commissioners have enough information to have a good conversation about it with Commissioner Hover when he returns next week. Is there a sense of when the commissioners would act on this? It would likely be next week when commissioners return on September 4. The attendees thanked the board and exited.

Commissioners discussed the issue further. Director Huston was not sure how many shovel ready projects would be submitted to DOE. There may be some things from Aspect that can be used to begin with. Our relationship would be with OTID and they would retain the relationship between Aspect Consulting. Whom they contract with to provide the service, is up to them. The letter of intent tells what the county’s commitment would be. Commissioner DeTro said Commissioner Hover was comfortable with the revised reiteration, but he feels more comfortable addressing it next week.

Director Huston stated he would tie the Letter of Intent to an acceptable governmental agreement which would need to be drafted. That seemed reasonable to the board.

Motion Ordinance 2018-12 Revisions to OCC 17A.290 & 220
Commissioner Branch moved to approve Ordinance 2018-12 adopting revisions to OCC 17A.290 Cannabis Operations and OCC 17A.220 District Use Chart as interim land use controls and scheduled a public hearing on September 17 at 2:00 p.m. Motion was seconded, all were in favor, motion carried.

Motion Ordinance 2018-13
Commissioner Branch moved to approve ordinance 2018-13 Tunk Basin Water Overlay interim controls and sets a public hearing on September 18 at 3:30 p.m. Motion was seconded, all were in favor, motion carried.

Motion Ordinance 2018-14 Lake Management District
Commissioner Branch moved to approve Ordinance 2018-14 authorizing the formation of Lake Management District#1 which is adjacent to Lake Osoyoos in Okanogan County. Motion was seconded, all were in favor, motion carried.

Motion Proclamation National Recovery Month September 2018
Commissioner Branch moved to approve the Proclamation for National Recovery Month to be September 2018. Motion was seconded, all were in favor, motion carried.

Update Human Resources / Risk Management –Debi Hilts
Ms. Hilts discussed open positions in various departments and applications received. There is a medical service officer that resigned in the Jail, so that position description was revamped. Originally it was a civil service position and that person went through all the testing. But it was decided that it would go through a non-civil service process.

Ms. Hilts explained she spoke to Maloney and O’Neil on Friday about finding some other options for the county to consider. Ms. Hilts is preparing the demographics for 2020 if a better rate is found.

Ms. Hilts discussed details of the training she attended last week. It was excellent training and suggested it be provided to employees who provide customer service or who is the first point of contact for customers. Commissioner Branch replied there is a need to ensure employees who are first point of contact for elected’s be trained to be able to handle different types of situations. Ms. Hilts will look into the cost for the training to be here. Commissioner Branch wanted to know if Risk Pool would be able to help with the costs.

Ms. Hilts explained some departments provide a questionnaire to temporary employees as part of their exit interview. Commissioner Branch thought that was a good idea for all employees exiting employment with the county not just for temps.

Motion - Voucher Approval - Commissioners
Vouchers certified and audited by the Auditing Officer as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a list, and made available to the Board. As of this date, the Board did vote, by unanimous vote, to approve the regular vouchers in the amount of $775,866.86. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Motion Public Health Voucher
Commissioner moved to approve the Public Health Vouchers in the amount of $12,027.03 Warrant numbers as cited on the attached blanket voucher list. Motion was seconded, all were in favor, motion carried.

Approve Consent Agenda
Commissioner Branch moved to approve the consent agenda items 1-7 as presented. Motion was seconded, all were in favor, motion carried.

1. Commissioners Proceedings Aug 20 & 21, 2018
2. Special Occasion Liquor License #090886 – Loup Loup Ski Education–10/20 FG Agriplex – Chris Stern
3. Subrecipient Agreement -CDBG Public Services Grant No. 18-62210-011-Community Action
4. Purchase Crack Seal Materials – Special Asphalt Products - $34,187.80 – Public Works
5. Agreement to Remove Pit Run Material – P6-66 Peterson – Public Works
6. Resolution 87-2018 – Waiving FG Agriplex Fee – Okanogan School District After School Activities
7. Resolution 89-2018 – Countywide Guardrail Safety Project Plans, Provisions, and Specifications – Public Works

Motion Approve Fair Contracts
Commissioner Branch moved to approve the fair contracts as listed 1-5. Motion was seconded, all were in favor, motion carried.
1. Contract – 2018 Fair – Main Stage Music / Worship – Nicole Unser - $550
2. Contract – 2018 Fair – Horse Judge – Racie McKee - $110
3. Contract – 2018 Fair – Mutton Busting, Longhorn Show – Frank Rendon - $7,250
4. Contract – 2018 Fair – Cowboy Church / Rodeo Announcer – Alan Parsons - $2,060
5. Contract – 2018 Fair – Roping / Barrel Racing – Doug Ralston - $1,000

Commissioner DeTro adjourned at 3:55 p.m. but Commissioner Branch stayed to discuss with Terri Swenson real property she would like to offer for sale to the county. Commissioner Branch discussed that the whole board should be present to hear her proposal. He suggested another meeting. Ms. Swenson also discussed the CJTA sales tax as it may be revenue that can be used to address expansion areas for Juvenile detention. Commissioner Branch explained that it would likely take a few years to fund a project like that. Our Capital Facilities plan would need to be updated and funding for land acquisition identified. She asked the county to consider her proposal.

The board adjourned at 5:00 p.m.