RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

JUNE 26, 2018


The Okanogan County Board of Commissioners met in regular session on June 26, 2018, Chairman Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board, present.
8:15 a.m. Member of the public Robert Fuchs taking notes on his computer.

Update Superior Court- Judge Rawson & Culp
Dennis Rabidou

Odyssey implementation it was successful and up and running. There are some growing pains but that was expected. The big thing they didn’t count on was due to the new server. There was a Microsoft licensing fee of $8,000 that had to be completed/paid before it could be live, it was a show stopper. That was in the account due to extra interpreter funds. Improvements to interpreter services will be budgeted for next year since the funds for that were spent on the Odyssey licensing costs. Trial court improvement funds were used after consulting with District Court.

Difficult due to extreme negative in the fund 160. There is lag due to the state. The sales Commissioner Hover said it is priority to pay back the current expense funds. The purchased the car for the Juvenile department. The $25,000 originally estimated but quotes were more. There was a late fee assessed as well but that was covered. Judge Culp thought the fund would receive around $50,000 per month.

The flood in detention happened with a sewer back up that flooded the bottom floor, with extensive damage. We need to look at what is going on as in the past there were tree roots coming through. The carpet will need to be replaced. The junction appears to be the area causing the problem, but need to find the root cause of the problem. This type of problem is best paid for by the sales tax fund 160, Mr. Rabidou stated. The carpet needs to be replaced is urgent because that is where the school takes place, and public health and so it would be something urgent to be addressed this year. Everything was cleaned up and sanitized a few times, it just that it is frayed and it is not a health issue it just looks bad.

Commissioner Hover noted $92,000 budgeted for maintenance in fund 160.

From the US Marshals office Kevin Kilmore & Ryan Johnson were introduced. The courthouse security committee has been working on security. Old assessments were conducted in 2008 by the judicial security inspector and it is a management position that oversees security threats etc.….Mr. Kilmore conducted a survey in 2008. Regionally a survey was done in 1995 by Denver firm. Security assistance state and local assist. In 2008 there was not a ridged format he worked his way from the outside in then worked from entry point’s observation protocols etc.…..He has done about 4-5 survey’s. Their main office is located out of Yakima.

An ex-ray machine must go through GSA excess, but the problem is the new ones 6000 series has to have daily care and feeding and must be manned and experienced in performing the maintenance. They cannot be moved around due to calibration issues. There are mobile ones that are moveable. They can provide some protocols. Looking at the 1995 and 2008 assessment, he could meet later today and go over those documents, so that any additions or priority list with a proposed addendum to the 2008 survey. Commissioner Hover asked if there was a walk through this morning, no just had some dialogue. The hope today was to introduce them to the board and courthouse. He stated the access points to the building keeping in mind the public access is a stairway which limits what we can do versus the front double door entrance where there is space to arrange a security station. What would be the recommendation for a single point entrance? Mr. Kilmore said older buildings were not built with security in mind. There are challenges in the front due to historical appearances. The back double doors also has challenges with stairs and space. Mr. Kilmore discussed camera locations and console location in dispatch or bailiffs office. Technology is much less expensive now. Security can be broadcast such as with ARLO Pro cameras. Hard wired is more expensive but more reliable. Wireless security systems are good too but not as reliable. Commissioner Hover said if there is a single point entrance with an ex-ray machine. The commissioners look forward to seeing what the group comes up with.

Mr. Rabidou discussed file storage and asked if the Hancock building could be used for file storage. Do the commissioners have a plan for the building? Commissioner Branch said the board intended to rent the building. Mr. Rabidou stated he needs office space and right now there are several office rooms full of files. He has been trying to work it out with the Prosecutor. Public Works storage space may be available but there is a cost to storing there too.

George Thornton, member of the public arrived at 8:55 a.m. to take notes.

Commissioners’ Staff Meeting
Jennifer Howard, Stella Columbia, Perry Huston, Dan Higbee, David Gecas

Ms. Columbia introduced Jennifer Howard, the new temp clerk for fairgrounds. She stated Ms. Howard brings lots of experience working with fairs with her. Ms. Columbia asked if she should be taking reservations for camping. Most callers expect to be able to make reservations. Commissioner Branch explained his experience with use of a reservation system. Some camping spots have 30 amp and some have 50 amp. Stella thought there were only four 50 amp plug-ins. She is considering hooking into the county phone system Shoretell as the current phone bill is over $140 and hooking into Shoretell will pay for itself within 8 months. The power bill to the Arts & Crafts building is very high. She will check with the PUD to identify what is connected such as night lights. Fairgrounds tools were discussed. The Clerk of the Board suggested inventory be taken of the tools we have before purchasing any new tools and ensure proper locking storage of the tools. Director Huston suggested all locks be replaced. Commissioner Hover suggested locks with codes that can be changed often rather than key padlocks. The water testing was discussed. Ms. Columbia asked about the status of the race track repairs. The commissioners are meeting with the FAC on July 9 at 4:00. The documentation for cultural filing. Commissioner Hover will ensure all the information on the cultural study is provided to Director Huston.

Joe Poulin was informed about the sewer issue back up in the Juvenile Detention which the board would like investigated to see if the tree roots are the problem. A camera should be used to look into it. Mr. Poulin said he demoed a $14,000 ride on floor cleaning unit, and thought it would be something to look into for the Agriplex floors. Mr. Thornton suggested contacting schools as they may rent their machines out. It takes about two days to manually do it ourselves. Commissioner Branch suggested using the budget process for the funding. The old probation office is empty except for the interpreter. Mr. Poulin requested the maintenance office be re located there for main office files etc.….The missing piece with file storage and archiving is the funding/budget piece. Quotes for file storage and archiving will be freshened up. The commissioners gave permission for the Maintenance office to be relocated once he consults with Mr. Rabidou about what other plans there are for the building.

Mr. Gecas updated the board on lawsuits. The PILT lawsuit was discussed with around $97,000 due to the county but the calculation was for the total underpaid to the county in the prior three years. Director Huston explained federal PILT. Does the board wish to opt –in.

Motion Opt In PILT Lawsuit
Commissioner Branch moved to opt-in to the suit. Motion was seconded, all were in favor, motion carried.

Mr. Gecas explained a situation where the Pest Control agent addressed apple suckers on private property, but a concerned neighbor complained. Mr. Gecas was requested to look into the liability. Mr. Gecas explained an issue he is researching some standards for Public Works. He is looking into standards of other counties such as Douglas County.

Mr. Gecas discussed interlocal agreements between the county and cities within the county and whether or not the agreements have attorney signature or not. whether or not the entity’s attorney has signed off on the document. A letter of engagement suffice from the city attorney.

Update Human Resources/Risk Management-Debi Hilts Tanya Craig

Executive session was requested.

Motion Executive Session RCW 42.30.110(1)(i)
Commissioner Branch moved to go into executive session at 10:05 a.m. for 10 minutes inviting David Gecas, Tanya Craig, and Perry Huston to discuss legal matters to which the county may be a party. Motion was seconded, all were in favor, motion carried.

Executive session ended at 10:15 a.m. no decisions were made.

Ms. Craig provided her staff report stating she previously sent a draft resolution to the board for review about elected official salaries. She is leaving for the Alliant Insurance seminar tomorrow to discover what other options are available for the county health insurance. She had no other items to discuss.

Discussion HART Intercivic Proposal Laurie Thomas
Mila Jury

Auditor Thomas explained a proposal from HART Intercivic to replace the elections program.
Auditor Thomas explained she did not go to the conference this year, but did send several other employees. They learned several things about our election system tabulation. In 2004 our elections program went live. Intercivic told her that they would support the system but would not provide upgrades. If we want to continue use of the system we would have to purchase a whole back up system for $34,034 for the complete backup. Ms. Jury said SERVO won’t work on Windows 2007 and is also outdated. The elections reserve fund has around $30,000 sitting there as there was some anticipation of this change. The scanners that work on VERITY now are $7,500 instead of $23,000. But the $23,000 scanner is not compatible with the proposed system. Commissioner Hover stated he previously conversed with Auditor Thomas on this. Auditor Thomas explained as long as everything goes smoothly but as soon as a small hiccup happens they are in the papers. About 15 use the HVS and majority of those wish to transition. Some counties may try to limp along until 2024, but Ms. Jury said it will likely be pulled off the market before that. There are some lower cost options we can use on our current system but transitioning to the new system would cost around $132,000 or a 10-year no interest contract and includes maintenance of the system. Commissioner Hover discussed the funds that could be used for making the 10-year payments. There is cash in the reserve to make the first payment. Commissioner Branch believes the county should make the commitment to move forward with purchasing the VERITY system. Commissioner Hover explained additional payments should be made when possible during the year. The $23,000 scanner that was purchase in 2017 should be surplussed to try and recoup the dollars.

Update – Public Works – Josh Thomson & Ben Rough
Forest Service Officers Dan Christensen and Troy McCormack; FS Regional Director Jim Brown and Justin Haug, Lands Manager, Melanie Rowland, Spencer King, Perry Huston

Forest Service personnel explained WATV issues they were informed of. Apparently riders were traveling on washed out roads which created a concern. A trail on Windy Hill road is actually on county right of way, explained Engineer Thomson.

Engineer Thomson projected the county’s map of the proposed WATV roads. The county invited the Forest Service to coordinate with the county on the county’s proposal to open certain county roads to WATV use.

Mr. Brown explained his goal is to be as engaged as much as needed. He wants to be clear when Justin speaks on the WDFW behalf he is also keeping Mr. Brown informed of that dialogue. Commissioner Hover asked about illegal ridership violations. Mr. Christensen explained the code they operate under is either Title 46 or F&W Title 77. He explained F&W has an agreement with the prosecutor’s office to write under 60. They look at how many tickets are written and under which title.

Justin commented on the proposed map showing proposed roads as orange roads. The green ones are already open. The pink ones are eligible but not being considered to open. Mr. Brown suggested that the Getz Road (off Indian Canyon Rd) be taken off and should not be open. Rat Lake Road was discussed but there is only one land owner on the road and so he didn’t see why anyone would want to ride up there and it is a disconnected segment. There are some problems already with people dumping garbage at Rat Lake so opening up that road may invite more issues, though Mr. Brown. There are many wetlands in that area as well. Mr. King agreed that dead end roads may not be good to open up for WATV uses.

Mr. Christensen explained where the disputes happen with regard to WATVs.

Mr. Brown is open to the consideration of the problems specifically identified and are open to mitigating with the county. He wants to know they could come back to the board on the issue and talk about it. Commissioner Hover said it works both ways. Mr. Christensen commented on the signs the county is considering. The green dot system works well for F&W, but what about those who are color blind. Mr. Brown explained the number of enforcements he is kind of interested in the Sheriff’s role in that. Salmon Creek Road does not have signs showing it open to ORV. Director Huston provided the mitigation measure –final MDNS of the proposed roads. Justin would like to get the signage and the language for ORV, WATV, and ATV straight. Commissioner Hover said the signage is the most important issue right now. Mr. Christensen explained the green dot system is used only for roads that are open, all other roads would be closed. If the road doesn’t have the green dot sign the road is closed. This prevents people from tearing down signs showing closed roads. Mr. Brown would like to write up a comment letter for WATV once we go out with the notice of proposal. The agency outreach is happening right now and based on that a map will be created then the county will do the environmental review.

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 $625,199.03. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Motion Executive Session RCW 42.30.110 (1)(g)
Commissioner Hover moved to go into executive session at 12:10 for 10 minutes to discuss the qualifications of a public employee and invited Josh Thomson and Ben Rough to the discussion. Motion was seconded, all were in favor, motion carried.

Executive session ended at 12:20 p.m. no decisions were made.
Adjourned for lunch at 12:20 p.m.

Citizens Comment Period
George Thornton public citizen commented on the increasing piles of recyclable. Things are getting worse and worse. It is a county problem. It is having a lot of context as Okanogan County appears to be a third world county. He requested the board take a look into the situation.

Motion Resolution 67-2018 Semi-Monthly Payroll Change
Commissioner Hover moved to approve resolution 67-2018 which changes the payroll policy. Motion was seconded, all were in favor, motion carried.

Dan McCarthy was contacted by the David Gecas earlier today about the direction to use goats for the apple sucker issue, but Mr. McCarthy thought based on that conversation that he needed to clear the issue up. His original question was, Is there some change in exemption for pot farms concerning spraying apple growth sites? He has never had a complaint about killing the apple suckers until now. He said the property was investigated and was found to have apple suckers attracting coddling moth and he recommended Roundup for treatment. The neighboring pot farmer expressed concerns so Mr. McCarthy. Commissioner Hover said he gave Mr. Gecas the wrong direction due to his misunderstanding of the situation. Mr. McCarthy said he recommended the property owner use a non-restricted pesticide and it was used on their own property and sprayed on the ground. Mr. McCarthy said the neighbor was threatening the landowner if they sprayed the apple suckers and was trespassing. Commissioner Branch explained the county’s stance is that private property owners have rights and if they are following the laws and manufacturer’s guidelines they should be able do what they do. Commissioner DeTro explained the Pest Board has the authority to treat fruit trees when there is a pest issue.

Commissioners discussed the Public Health voucher certification because the board is approving first as the county commissioners before they review or look at the actual vouchers as the board of health. The numbers on the certification are associated with something, commented Commissioner Branch. He would like to preview the expenses before he considers approval. Commissioner Hover suggested paying this batch, then they would ask the question at the next board of health meeting. Can the board of health secretary print out the same spreadsheet with the details and attach it to the certification.

Motion Public Health Voucher
Commissioner Hover moved to approve the Public Health Vouchers in the amount of $14,982.14 Warrant numbers as cited on the attached blanket voucher list. Motion was seconded, all were in favor, motion carried.

Quarterly Department Head Meeting
Department heads signed in at the door.

Director Huston provided a recap of the last meeting and provided the updated handout. (attached)

This morning the commissioners initiated records archiving again and explored off site storage. Director Huston was directed to address his departmental records, so he will schedule an appointment to discuss further with the vendor. He will create a list of questions to ask and cost to be identified. Mr. Rabidou said it is really a space issue and wondered where the cost would be paid from. Previously two companies presented quotes one was very compelling and the other not so much. There is still question of whether or not the county would need to go back out for RFQ or not.

The county website revision demo is scheduled for next week, Ms. Craig explained.

Courthouse security options were discussed with contract review taking place by the chief civil deputy at this time. Ms. Craig stated the budget could afford one armed and one unarmed when there is more traffic in the courthouse. Treasurer McCormack wondered if the security was for the courts only or the courthouse as a whole. She is concerned about paying two employees rather than reducing to one entrance. Ms. Craig explained even with one entrance, the need for someone to man the entrance will still be needed. Commissioner Hover explained the Marshals office was here earlier and discussed with the board other options for providing security at an hourly rate. Mr. Rabidou explained the courthouse security committee meets regularly. The US Marshal Office will follow up with him and go over the assessment and their recommendation for a long term solution. Short term solutions may be needed until the full solution is in place.

Administrative Personal Policy status was provided and another meeting with the commissioners will be necessary.

Compensation committee met once and another is scheduled this week. The group discussed some considerable ideas. There is no negotiating right now, the group is looking at different methods that would retain employees better. Treasurer McCormack said the union reps attended the first meeting. Commissioner Hover said pay scales of other agencies gave him an idea of what others do. Ms. Craig explained the samples being looked at to strengthen recruitment and retention.

Revenue enhancement was discussed with the Building Office, Planning Office, Clerk’s Office, Sheriff’s Office and Fairgrounds adopting fee schedules.

Commissioners discussed expanding ER&R to include other department vehicles. Commissioner Branch asked if all departments understand how the ER&R works? Director Huston explained that Departments basically rent the car either by the hour or by predicted depreciation schedule and ER&R collects the funds over time and when the vehicle goes bad ER&R purchases another one. Vehicle replacement funds in each dept. budget used to be one way to replaced aged vehicle. Engineer Thomson said if ER&R is paying all maintenance costs then all maintenance happens in the ER&R shop, fuel costs would need to be set up. ER&R may not make a profit. It gives the dept. assurance that vehicles will get replaced on a schedule and they do not have to beg the commissioners to fund a vehicle replacement each time. Commissioner Hover said if a dept. wished to put their vehicle in the ER&R then a request to the board to discuss with Public Works to set up a budget to put into each year. Initial cost may include buy in for vehicles at near or at end of life. The dept. would have to pay the difference. Commissioner Hover explained a staggered approach for putting the vehicles into the ER&R as the budget burden would be too great.

Director Huston discussed the “big move” and how recent flood events affected where he could hold his Planning Commission meeting as the EOC was located in the hearing room. Communications dispatch center is also part of the equation. Mr. Worden gave status update on the Dispatch center issues. Locating a new center on the Virginia Grainger property. He explained the benefits of the location and the square footage needed and critical infrastructure requirements. Designs are still needed that address those issues. Director Huston said 9-11% of a project cost is usually design fees.

Bonding is a great thing, but we don’t have a current expense reserve the county would have to go through an S&P rating or be downgraded. We have to work on getting the Current Expense reserve built back up as it does mean something. Director Huston said it would be a voter approved levy.

Budget discussions happening earlier in the year was discussed.

Public Hearing Code Amendment OCC 2.88 Public Records-David Gecas

Commissioner DeTro opened up the hearing and asked for staff report.

Mr. Gecas gave a staff report of his recommendation to amend Okanogan County Code 2.88.070 regarding public records. The purpose would be to protect the county in a situation where someone makes a public records request and objects. He explained the administrative option was discretionary, the change would allow the prosecutor to do an administrative review of the objection. The amendment would protect us even when someone doesn’t specifically ask for an administrative review, but didn’t read the closure letter with the review language. The form was also changed to include the administrative review process for objections.

Commissioner DeTro closed staff and opened up for public comment. George Thornton commented that having understood the issue he supports it.

Commissioner DeTro closed public comment and opened to commissioner discussion.

Motion Ordinance 2018-8
Commissioner Branch moved to approve ordinance 2018-8 amending Okanogan County code 2.88 regarding public records to include administrative review of objection. Motion was seconded, all were in favor, motion carried. .

Motion to reconsider
Commissioner Branch moved to reconsider the previous motion in order to correct a scriveners error where ORDAINED was misspelled Ordainded. Motion died.

Bid Opening –Fairgrounds Well Project
Commissioner DeTro announced the time for receiving bids for the fairgrounds well project is past. This is a re-advertised project due to having received no bids last time. He stated one bid was received. The estimate for the drilling the well was between $20,000 and $50,000. The bid was opened and read.

Hubbard Well Drilling
Bid bond check included.
Total Bid amount $18,657.75

Motion Bid Award-Fairgrounds Well
Commissioner Hover moved to award the bid to Hubbard Well Drilling based the bid being responsive and within the estimation. Motion was seconded, all were in favor, motion carried.

Commissioners discussed language for a draft resolution to memorialize the bid award. The board directed Perry Huston to draft the resolution.

Commissioner Hover asked Treasurer McCormack about the process for holding a bid bond or a deposit check. She explained how the security deposits are deposited within 24 hours in a trust account and the bidder would get the funds back once the project is determined to be satisfactory. She will check with the other county treasurers to see if there are other options.

Finance Committee Meeting – Laurie Thomas, Leah McCormack, Cari Hall

Treasurer McCormack provided her agenda and discussed the items listed there.

Treasurer McCormack explained the PILT payment that was received and the surprise that the amount was considerably more than what was budgeted. She is investigating to make sure that is what it is. If the board goes out for a bond issue, it would be here recommendation to reserve funds in the Current Expense Reserve which will help our bond rating. She spoke to a bond agency. Her recommendation was to pay off the loan and put $550,000 in reserve. Interest rates have gone up which is good with another expected bump later in the year. We can use those revenue lines that receive more than budgeted to help with short budget lines later on. There is the two remaining loan payments in 2019 that total about $342,000. A memo is all that the Treasurer needs to move the funds to Current Expense Reserve.

Commissioner Hover asked about the cash on hand and how much we bring in monthly compared to what we spend. Ms. Hall explained all resources on average bring in around $2.5 million monthly.

Ms. Hall noted that most spending happens towards the latter half of the year. Current Expense Departments can have negative on lines in their budget because the county budget is adopted at the fund level. She explained a report can be generated that shows, by fund, the ten-year history. Ms. Hall explained the assistance she provides to departments on their budget adjustments/supplementals. Most of the time the departments are not recommending a source, so Ms. Hall identifies sources after consulting with the commissioners on the options. Contingency reserve is only recommended when there is no other sources. Ms. Hall asked about the level of communication the board needed in the supplemental description. Commissioners thought if there isn’t enough description they won’t consider until there is.

Ms. Treasurer explained Washington Federal interest rate was changed after she called them about it. Current expense received $42,000 of extra interest based on what was left in the Treasurers checking account and the interest goes to current expense as it is the only department eligible to receive it.

Cyber security for banking purposes was discussed. She previously asked the Risk Manager about coverage for fraud in banking and cyber security. If we are not covered, the Treasurer said she wants it covered with a minimum of $50,000 coverage. The Risk Manager will look into this type of coverage.

Commissioner Hover explained the request to purchase a second Sheriff vehicle this year. He suggested considering the request.

Pass through grants were discussed.

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

1. Commissioners Proceedings June 18 & 19, 2018
2. Application for Federal Assistance Lost River Rd Funding-Public Works
3. Approval Reimbursable Work Request-City of Brewster- Public Works
4. Agreement –Survey Services Peter Dan Repairs-Erlandsen & Assoc.
5. Special Occasion Liquor License-7/20 & 21 Tonasket Rodeo Grounds-Montanye
6. Special Occasion Liquor License-7/20-22 Blues Ranch –Northcott
7. Credit Application –Mahindra Finance USA LLC- Grounds Tractor Purchase

The board adjourned at 5:00 pm.