RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

JULY 10, 2018

The Okanogan County Board of Commissioners met for its regular session on July 10, 2018, with Commissioner Jim DeTro, Chairman; Commissioner Chris Branch, Member; Commissioner Andy Hover, Member; and Laleña Johns, Clerk of the Board, present.

Commissioner Hover was absent due to personal reasons.

8:50 a.m. Member of the public George Thornton taking hand written notes.

Commissioners’ Staff Meeting
Auditor Laurie Thomas, Elections Mila Jury, Stella Columbia, Joe Poulin, Perry Huston, David Gecas

Auditor Thomas attended this meeting to inform the commissioners of some new information she learned about the proposed purchase of the new Elections HART system program. She explained the board had given approval to purchase the HART program. While she went through the contract she heard some information from the secretary of state office that the vendor HART is very possibly in the process of selling out which could be good or bad. She has been very happy with the level of service they received over the years. Another concern from SOS is they are looking at going to one system for everyone for tabulation. Ms. Jury stated by 2020 the state will be on one voter registration system. The tabulation system was thought to be put in place across the state in about 10-years. The state may want to implement in 5-years instead of 10-years. The concern is that if the contract is signed that it will affect our ability to change over later as they do not see termination language. Ms. Jury explained some bids were solicited from other vendors. Auditor Thomas will forward the agreement to Mr. Gecas to determine.

Auditor Thomas explained she will wait until clear answers are provided on the future of HART and the state implemented system. She said she feels she is okay for this year and going into next, but it is something that has to happen one way or another. Commissioner Branch wished the state was more forthcoming and certain of the outcome so counties can be prepared for the costs. Ms. Jury stated the state was very quiet about parts of the system roll-out.

Mr. Poulin discussed extending the water line at the fairgrounds to the south end, but some additional details will be needed. The south end from restrooms to the south property line does not have irrigation lines. Hopefully, the maintenance would like to get it done in the next week or so. Commissioner Branch stated Mark Egerton would be happy to take a look at the system on Tuesday. A call will be needed to confirm the time. The idea is to isolate domestic from irrigation systems so that each area is served with separate domestic and separate irrigation systems.

Mr. Poulin stated a new Maintenance Tech was hired last week and he started yesterday. A second Maintenance Tech was hired and he starts in two weeks. The new tractor for Fairgrounds will arrive on Thursday. He discussed ways to water the race track without having to drive the water truck on the track as it does compact the ground.

Stella Columbia explained she walked through the grounds last night with the FAC. She asked who fixes the overhead spray system. She will discuss the maintenance items later with Mr. Poulin and determine who is responsible for repairs FAC or fairgrounds.

David Gecas updated the board on a letter he drafted to OCCAC. The commissioners felt it was a good letter to send regarding the county’s request for investigation.

Brewster, Riverside, Pateros, and Twisp agreements were discussed. Mr. Gecas explained who signed and who still needs to. The original plan was to revise all the agreements to annual agreements with consistent termination dates of December 31.

Mr. Gecas explained some concerns that Judge Culp relayed to him about courthouse security and one point entry. Mr. Gecas is worried about the bigger plans of someone involved who prefers to create a whole other entrance to accommodate the single point entrance.

Mr. Gecas discussed the security group proposal and sample agreements which he had some concerns about. He is waiting to hear back from the group. Mr. Poulin explained his thoughts to place a ramp at the East & Westside entrances to accommodate wheelchairs, there would still be two main entrances to secure. Director Huston suggested the security committee be involved with the ideas as they will make the recommendation to the commissioners. Commissioner DeTro thought he heard that most agree that a single point entry would be best. Commissioner Branch asked what the result of the Marshall’s visit was. There is not a policy on how to keep safe, either the employees or the public, explained Director Huston. Mr. Gecas explained the AG agreed that screening people coming into the courthouse would be effective. Director Huston explained there are two main issues and both require different solutions.

Treasurer McCormack and Pam Johnson arrived early to join HR/Risk management discussion. Treasurer McCormack explained it isn’t just the courts staff that need to be secure it is every dept. She explained her experience with hostile people coming into her office when leaving the courts. She will sometimes secure her door so no one can come in.

Director Huston explained the Similkameen trail work issue the PUD requested it be closed to the public. Does the board believe public access should be closed? He explained what the county owns, what BLM owns, etc…..Commissioner Branch explained the conveyance history of the land and what bothers him about the access piece and why that was sold. Was it that they decided they didn’t need a portion of the property or was it the money? Don Jacobson was involved in the purchase and sale.

Update Human Resources/Risk Management-Debi Hilts and/or Tanya Craig
Treasurer McCormack, Pam Johnson

Ms. Craig stated she invited the Treasurer to discuss a staffing request. She handed out a job description for an Accounting Clerk III for a Foreclosure Deputy. Her request would be to bring on a person Aug 1 or Sept 1 to work with the foreclosure deputy before she leaves to learn the responsibilities. There is a lot of details to learn. This year 64 parcels will be processed and is the lowest amount she has seen in 30 years. If hired to start on September 1 it would cost $16,607 and if hired on August 1 it would cost $6,000 more than that. She does not have the extra in her budget. This year only the split is out of current expense rather than the O&M fund. Commissioner DeTro would like to wait until Commissioner Hover returns before making the decision. Commissioners do agree with the situation. Treasurer McCormack will discuss the matter with Commissioner Hover on Friday. Ms. Craig explained this position is a key position and the county has allowed this for those types of positions.

Ms. McCormack explained some changes with title reports and title companies. Liability is going up and will be reflected in the bids.

Ms. Craig explained she did not have any additional information. The elected official can decide whether a new hire may use sick leave to take care of an emergency other than being sick.

Discussion –Cannabis Operations-Assessor Furman & Staff
Lynn Featherly, Larry Gilman,

Assessor Furman explained his concerns with the Cannabis operations producer processors. They do not list their personal property. The current list if for 2019 taxes and 73 the state notify the assessor and only 32 have listed their personal property. Less than half. Many permits are owned by someone else and nothing to lien. Tier estimates are used to value the properties that reflect the different quality. He spoke to senator short WSLCB are working on it. In WAC, objections to license renewals part b 69.50.351 and must submit a letter to WSLCB of the objection. He would like to do this and send it off to WSLCB and at least we are on the record. The state does not appear to be recognizing other counties letters regarding this issue. The state employee covers 11 counties and is spread too thin to address all the issues with permittees. Commissioner Branch would like to see the information Assessor Furman has on who has claimed their personal property or not.

Assessor Furman stated there are a lot of changes in location among the producers and processors. Many were contacted to try and get them to comply. Commissioner Branch asked that he let the board know when these concerns come up. Mr. Gilman said the assessor’s office has not been a regulatory or enforcement office as that has allowed them to do their work without risk.

Ms. Featherly explained the information the state provides is lacking. It is a puzzle when a particular operation is licensed is received as to where they are located, who listed on the notice is the person to contact about the personal property taxes, and many property owners do not live here and are often different from those who lease the property and who is actually owner of the personal property. It makes it difficult to know who to contact.

Update – Public Works – Josh Thomson & Ben Rough

Engineer Thomson provided his agenda and discussed the items listed there.

Maintenance & Road Conditions
Engineer Thomson explained Public Works is focusing on chip seal.

Sinlahekin Rd Washout Repair
The repairs were completed temporarily, but the permanent repairs will be around $100,000. There is a sediment issue they would like to be able clean out the culvert due to the topography. There is a company building something like that, which will be looked into for a solution.

Similkameen Trail Repair
Director Huston

The commissioners are inclined to open the trail. Director Huston will contact Dan Boetger with PUD. He said one thing to discuss with him is what the county envisions for future management of the trail. The county is the applicant for all the pass through dollars it received for the trail originally. A map will be generated to show the easements and ownership. Commissioner Branch would like to see about connecting to the PNWT as he knows of people inquiring about the connections to Nighthawk. It is a real asset to the county.

Peter Dan Rd Slide Repairs
Contractor starts next Monday July 26 and will go through August 24. He has been contacting the neighbors up there via email to inform them of the progress. He sent them the construction schedule. Traffic control and signs will be utilized to inform anyone using the road. Also there is information at the agency. The detour will likely be the same as before. He will also get a press release out.

Buffalo Lake Rd CCT project
Engineer Thomson explained the CCT has a project to pave a portion of the Buffalo Lake road. It doesn’t appear this project will start until after the Peter Dan project is complete. There may be a future need for an ordinance to set the pave portion speed limit.

6- Year Transportation Improvement Plan
Engineer Thomson went over the draft plan. (attached) Some projects were added this year such as a county wide pavement project, in case there is funding for that. Also added was the trail, but was not on the list. Another draft will be provided with it included. RAP funded projects were added. Commissioner Branch would like to see application for some funding to take care of the drainage issues near Oroville.

Commissioners were requested to submit to him additional projects to add to the plan. Commissioner DeTro would like to add Hubbard Road to our system once it has been brought up to the standard. Right now the road is a private road. Reciprocity.

WATV Routes, draft map
The draft map was discussed. Paradise Hill, and Rat Lake Road were taken off. Does the board also wish to remove Malott and Malott Eastside roads as they do not connect to anything and they are on reservation? Commissioners said yes take them off. Engineer Thomson also recommended other roads on the reservation that were going to be discussed with the tribe. Commissioner DeTro spoke to someone about opening up Rodeo Trail Drive from Okanogan to Omak and connects to the Casino via Fairgrounds Access Road. The tribal council will need to be in agreement. Speed limit on Rodeo Trail drive may be requested to be lowered due to the different businesses locating there. Commissioner Branch did not have a problem with reducing to 35 mph, but suggested Commissioner Hover be consulted too as it was thought he spoke to CCT council member.

CCT Access at Brewster Shop
Engineer Thomson stated a revocable easement agreement has been drafted to allow the access. DOT had requested improvement to the access road to the fishery and access is on county road near the Brewster Shop. Mr. Gecas will review before the commissioners are requested to sign.

Conconully Sewer
There are even more problems being found this year than what was found last year. The system is becoming more difficult to maintain. The consultant may recommend options that are costly. Rate payers will be notified once the consultant report is completed. The pumps go out regularly, the floats do not operate properly, hydrosulfide is eating the electrical wires to the point they crumble. Commissioner Branch made some suggestions through the IACC board. He suggested presentation be created and provided to them as they arrange for others to look at the project for funding.

Ben Rough provided his agenda and discussed the items listed there.

Recruitments
No changes. Interviewing for the open positions early next week.
Transfer station position is still open.

Cash Flow
Mr. Rough explained the point a pay system training is scheduled tomorrow. It will take about a week after that to push the system out to the public. Auditing all transfer stations, ER&R cash, the finance section has made many changes with new hires and between the auditor’s office and Public works office and seems to be working out. Policy implementations have gone well. It was thought to be pretty efficient as it is.
There are about 90 public works employees with some being temporary, so the number fluctuates from 75 to 90.

Apple Maggot Quarantine Area Update
Mr. Rough explained he drafted a comment letter that would be submitted/presented on July 19. He asked the board for their feedback prior to the date. Mr. Rough will add the request of Commissioner Hover and resent to the board.

The green waste issue has generated a lot of ideas. Hauling the green waste to the West side as it is within the quarantined area was one idea, but it might actually be an option depending on cost to haul. A contract would be needed if someone else hauls it. Another truck might be needed if the county hauls it. The county cost is $45 per hour, trailers etc…. It may cost us $1000 per week, but beats the cost of building a facility to sterilize the materials.

Solid Waste Management Plan Status
Final draft was received from Para Metrix. He has not had a chance to study it. He will ensure it says what it needs to, coordinate with Dept. of Ag, then send to cities for their review and input, then to ecology if changes were recommended, then to commissioners for signature.

Solid Waste Disposal Fees
July 24 meeting to go over the solid waste fees.

Tabor Land Purchase
Mr. Rough will meet onsite with Kent to go over the issues that go through the Taber property.

Landfill Scale Installation Schedule
The scale replacement process will be different because the concrete will need to be redone before the new scale can be placed. It will take about a week. A public service announcement will be posted and sent to media as there will be delays. Temporary scales will be used while the replacement scale is installed.

Mr. Rough explained Kent and crew discussed what they can do to get more evaporation out of the leachate pond. He described the idea that would trickle down onto a mat that is heated by the sun to 150 degrees evaporating much of the liquid before it reaches the pond. It does appear to be working but it will take some time.

Board of Health-1234 2nd Ave S, Okanogan, WA
Commissioners attended the Board of Health meeting at the Public Health/Public Works building.

Public Hearing-Supplemental Appropriation-District Court, Jail, and Maintenance
Commissioner DeTro opened up the hearing to the public, seeing no one wished to comment he closed public comment and opened up to staff. The Clerk of the Board stated the resolution was drafted and ready for signature. Commissioner DeTro closed staff.

Motion Resolution 71-2018 Supplemental Appropriation Various
Commissioner Branch moved to approve resolution 71-2018 a supplemental appropriation within current expense Jail, Maintenance, and District Court budgets in the total amount of $105,400. Motion was seconded, all in favor, motion carried.

Motion Resolution 72-2018 Elected Official Salaries
Commissioner Branch moved to approve resolution 72-2018 regarding elected official salaries for 2019 through 2020. Commissioner Branch noted that the salaries did not change. Motion was seconded, all were in favor, motion carried.

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 $ and Payroll vouchers in the amount of $. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Motion Public Health Voucher
Commissioner Branch moved to approve the Public Health Vouchers in the amount of $47,833.79. Warrant numbers as cited on the attached blanket voucher list. Motion was seconded, all were in favor, motion carried.

Discussion –District Court Probation Remodel Request-Judge Short, Darla Schreckengast, Joe Poulin
Ms. Schreckengast explained a need to install a glass window and counter top in the old WSU office which will now be used for Probation. The access window will be a long term benefit to the courthouse should Probation vacate the office. The quote for the work was $3,783.50 including labor to install. Ms. Schreckengast was hoping the board would approve the cost.

Ms. Schreckengast also submitted a quote for a roll down shade to cover the security window. That quote was around $800 if county maintenance installs it. Commissioner Branch asked if the department had budget for the expense. Ms. Schreckengast said no. Commissioner DeTro asked that she work with Cari Hall to find a revenue source to pay for the window and counter. The commissioners would consider a budget adjustment for the costs. Commissioner DeTro asked if three quotes were obtained for consideration today. Ms. Schreckengast said no she only obtained the one quote for both. Commissioners require three telephone quotations from which they choose the best and lowest quote to go with. The commissioners requested she obtain two more quotes, she can email those to the Clerk of the Board who will present to the board for decision. Ms. Schreckengast will obtain the quotes and work with Cari Hall on the budget for the expense. Judge Short and Ms. Schreckengast thanked the board for their consideration.

Approve Consent Agenda
Commissioner Branch moved to approve the consent agenda items 1-2, as presented. Motion was seconded, all were in favor, motion carried.

1. Commissioners Proceedings July 2 & 3, 2018
2. Approve Reimbursable Work Request – Chip Seal Project – City of Omak – Public Works

Public Hearing –Proposed Lake Management District –Oroville City Council Chamber 1308 Ironwood, Oroville, WA
The sign in sheet was circulated and the audio recorder turned on.

Commissioner DeTro opened the hearing up stating the hearing is on the ballot proposal. He stated the rules for the hearing giving commenters 3 minutes. He asked everyone to sign in .Director Huston explained this is the third public hearing for this purpose. The boundaries had changed. The map was projected and that area cannot be developed. All veranda beach was removed. He explained what was removed from the boundaries. Based on a phone call about a concern there were three parcel owners on the map that did not cross over to the list and did not notice, yet the 20 parcels have changed ownership. The original owner was sent the notice. In some cases they are absentee land owners. The law is silent on that. We will need to discuss whether it is a flaw and should remove from list.

The last discussion this map goes clear to the border as there was some concern about the buffer area. All properties to the border were included. The management plan has not been drafted for the 5 year period of time. The budget was established based upon the noxious weed board could effectively use in any given year. The collections would be around $250,000.
The commissioners directed him to attend the veranda beach HOA meeting and they said they already spent money for this also they could vote it down if they were included. Another issue assessor raised about whether or not the August deadline is applicable as for the type of situation this is.

Commissioner Branch asked if parcels listed if they decided to consolidate their parcels and what does that do? Director Huston provided that when more lots are created then more get assessed. If parcels are consolidated it would reduce the assessment. We have not discussed the multiple parcel owners and whether to assess the extra parcels when consolidated.

The SEPA official determined this is exempt under WAC.

Commissioner DeTro closed to staff and opened to public testimony. The sign in sheet was circulated.
Commissioner DeTro called on those listed who wished to comment.

Mr. Chapman explained he is chair of the association and started the process. They are looking for a way to save the lake in many ways water improvement, water quality and improve the lake. They were looking for a way to address this in the long term.

Al Kelly stated he has property near the border will he get treated, yes. He supports this. Is there something the associations can do about the Canadians sending their weeds down the lake. The cost reasonable and would really like to see that bay treated.

President Champerty Shores Debbie. She has attended all the hearings. There is 28 lots only one is treated and everything north is too close to Canada on the south side they have ag properties and won’t get treated. They don’t like being targeted as high end neighborhood. But don’t want to be a high value target but they do support this. She isn’t sure where the benefits are everywhere. She isn’t sure why all 28 lots are included when only a couple lots would get treated.

Bill Barker commented that he owns a large patch of milfoil dealing with it over the last 20 years. You cannot treat it chemically and it doesn’t work it comes back and rhizomes spread around. He is too close to irrigation to use 24D crystals which is the only thing that works. The Hogy Pogy treatments do not work and he wants an exemption and if the Canadians are not included he wants to be exempt.

Robert Maltais lives on south end of lake near veranda beach. The milfoil machine tubers feels funny on the feet. A real challenge and was sorry to hear veranda beach was not included. They use 20-30 boats in the lake and are part of the spreading of the weed. They should be responsible because they create the mess. It is lousy they are not paying for it. The machine harvests about 20% but it should be stopped. When the lake becomes full of milfoil people will stop coming to the lake. Can he do it on his own if veranda beach is allowed to do it on their own if this fails?

Dick Sasse stated he owns a house on the lake since 1990 and noticed an increase in the volume of milfoil well after that. He submitted photos which he requested the board look at. He also submitted his testimony. He strongly recommended the contractor is encouraged to start close to shore. He appreciated the effort those involved have brought forward.

Salley Bull explained the first meeting she was not for chemical treatments. But after speaking with Anna Lyon she changed her mind. But taking veranda beach out is not the answer. Some others not as capable of paying the assessment were left in and veranda beach out.

Harold Arthur asked about starting by the shore and how far out do they start because boundary bay is out there.

Ford Waterstrat Lake Association commented that milfoil spreads due to the harvest machine which fragments the milfoil even more. They observed the fragment lay down roots and that is how it spreads around the lake. An effective program would include the whole lake. Their hope is to treat more area and get to a maintenance phase. Research suggested that. Turtle bay in the buffer zone they are trying to get that changed. MOU from Canada on what conditions they had to follow in order to use chemicals. In 2011, the Canadians got upset when aquatic herbicides cannot be used in Canada and said the waters would be polluted. DOE had told them they would not treat in the buffer zone. They are polluting our waters by using the harvester. It is more like mowing grass it comes back. Until that is changed the plan is to use barriers in the buffer zone. It stops the growth in those areas of the milfoil. They will try and work it out to be able to do that. Treatments closer to shore should happen. Treating with chemicals on the lake is not allowed you must be certified applicator. Veranda beach has been part of the emphasis to take care of the milfoil and have spent around $40,000 treating it. He isn’t sure it is quantifiable to determine the benefit of excluding. The Canadians come down to the flat water.

By having a whole lake system where the bad spots can be focused on the first year they would have a survey done to determine the amount of milfoil in the lake. It was determined around 92 acres on our side but since then it has gotten thicker and more dense. It is spreading and not getting any better. He further discussed when treatment would occur right before and right after the pumps are turned off. Pond weeds are also a problem and it can be treated earlier than the milfoil. A rotovator was used on a portion of the lake caused many lake property owners problems.

Commissioner Branch said milfoil has been in the lake for a very long time 1980’s. Commissioner DeTro stated he saw milfoil in another lake not far away. Commissioner Branch asked about use of 24D products. Mr. Waterstrat said they would not use that as it is not allowed.

Commissioner DeTro explained conversations he has had. Some utilize divers and they pull the week by hand. It is a process and he thinks this is a real good start and placing it on the ballot. Weevils at 200-300 per acre works, but it is not practical to do it ourselves because they cannot transport the weevils across borders as they need milfoil to survive the trip and that cannot be transported.
Commissioner Branch asked about other invasive species such as the mussels. Mr. Waterstrat explained some other options that can be considered to improve water quality. Commissioner Branch stated this isn’t just about milfoil, it is much more.

Commissioner DeTro opened up for commissioner discussion. Commissioner Branch stated it does help that veranda beach has their own treatment program. He would like to resolve the issues Champerty Shores explained. He explained a frustrating issue when the mosquito district proposal was being considered. He would like Commissioner Hover to be part of the discussion before making the vote and he isn’t here today. Commissioner DeTro agreed. He supports the effort as it is a big problem. Something needs to get started and this is first step. Communicating with the Canadians on this issue should happen. Commissioner Branch recalled the past issues with the use of 24D to treat milfoil and it really concerns him because it contains Agent Orange. He discussed the rotovator and the fragmentation and that should certainly be discussed with Canada as it is polluting our side of the lake. He has some contact names if anyone wishes to contact tm about this.

Director Huston discussed the next step. The next step is to fix the boundaries of the district the board may remove parcels if they are not benefited, but no parcels may be added. He discussed the ballot process and decision of the board to provide a timeline. Commissioner DeTro asked about the notification problem. Director Huston thought they could be removed, but would consult with David Gecas to see if any case law addresses this. The commissioners discussed continuation of the hearing.

Motion Public Hearing Continued July 16
Commissioner Branch moved to continue the public hearing to July 16 at 1:30 leaving written comment open but closing verbal testimony. Motion was seconded, all were in favor, motion carried.

The board adjourned at 7:00 pm.