RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

MAY 8, 2018

The Okanogan County Board of Commissioners met in regular session on May 8, 2018, with, Chairman Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board, present.

The Board convened at 9:00 am

Commissioners’ Staff Meeting
Perry Huston, David Gecas

Commissioner DeTro updated Director Huston on the conversation with the contractor Tom Bassett and Steve Varrelman regarding the fairgrounds bathroom project. We expect a list of items and their costs that were not done per scope of work in order to determine if the difference can pay for the drinking fountain.

Director Huston explained Tom Bassett’s responsibility in overseeing the bathroom project as he was the project manager and was paid to ensure the scope of work was performed as expected. Commissioner Hover said it was a project he was comfortable with even though it wasn’t done correctly. In the end it will cost the county more money to replace the frozen and broken toilets due to the bathroom not being winterized. Director Huston explained there was a trick to winterizing that he was aware of but trained staff on what the trick was therefore no one winterized the building. We will either get some money back or we will have a drinking fountain.

Attorney Gecas discussed cases the county is involved in that were handled by the court. The courtroom security issue was submitted to the Attorney General’s office who then suggested the courthouse entrances be reduced to one entrance with a metal detector and guard as they do in Thurston County. He explained that some counties hire a private security firm through a professional services contract for armed or unarmed guards and the cost is much lower than someone on staff. Another reason an entity might prefer contracting with a security firm is that the security firm carries the insurance to cover liability risk rather than the county. Attorney Gecas will continue researching the topic to find out how other counties handle courthouse security. He has a sample agreement he will provide to the board for review.

Attorney Gecas discussed details of a pending public records request and relayed concerns he had about the situation. The auditor requested an agreement with Zillow to be able to charge for property images the county has. This would generate some revenue back to the county for the images used.

Joe Poulin discussed several maintenance items he and staff are working on at the fairgrounds such as mowing and populating the as-built. He discussed his observations regarding the bathroom work that was discussed yesterday. He did not go over the repair of the broken toilets with the contractor. Commissioner Hover replied that the project manager should have ensured the county received proper training for winterizing the bathroom. There are five broken toilets that will need replaced. Mr. Poulin estimated each one would cost around $300 each. Commissioners asked him to order those.

Commissioner Hover explained that the Call for Bids for the new well at the fairgrounds will need to be published next week. Bids are to be received by May 30, 2018. The commissioners went over the Call for Bids specifications and offered some additions before the notice was published. They asked that specific measurements for the control vault be expressed as well as the need to tie into the existing irrigation system and keep domestic water lines isolated from the old domestic and irrigation lines.

Commissioner Hover explained the request that was discussed with the roller hockey group. An hourly rate was requested to be incorporated into the fairgrounds fee schedule so the board could consider renting the Arts & Craft building at the fairgrounds less than a full day. The group was interested in using the space for two hours at a time which would amount to around $200 per month. The group also offered to help prepare the space. The space would be for summertime use as it was assumed an actual ice rink would be created for winter use by the group. Director Huston recommended a threshold for the hourly rate be set for a minimum of 4 hours or something to leave little room for abuse. He discussed the challenges that would present if a minimum rate and time are not set and additionally it could generate a fair amount of scheduling problems. Commissioner Hover replied that he had a conversation with Doug Adams regarding the Berg Trust funds. He said he explained the ideas of the county for uses of the fund to create more covered space which could then generate income for the grounds. Director Huston will generate some hourly rates for commissioners’ consideration.

Joe Poulin explained that Public Works asked if maintenance staff could mow around the public works shops. It was suggested as an in-kind exchange of services for equipment repairs, but Director Huston explained why it was problematic.

Dan Higbee explained the Town of Riverside lost their building inspector some time ago. He said the town only has around 2-3 inspections per year, so it would not be a burden for his office to help them out. He said he would send the Town a draft of the agreement used for other towns in similar situations. Commissioner Hover replied he doesn’t want the towns to be dependent on the county for these things and would like to relay this arrangement is temporary. The interlocal agreement may so inexpensive for the town that it does not to hire an employee. Mr. Higbee said the city charges a fee that is split between the county and the town, but the town retains the larger portion of the fee. Commissioners agree there should be a term limit on the contract.

Emily Sisson, member of the public, arrived at 10:25 am. to take notes.

Update – Treasurer – Leah McCormack
CANCELLED

Public Hearing – Supplemental Appropriation – Fair Facilities
Commissioner DeTro opened the hearing up for staff report.

Director Huston explained the reason for the supplemental was to bring the fairgrounds budget under current expense. He explained the amount to be transferred from fund 127 would be slightly less than previously thought. He stated the board may wish to amend the amounts in the resolution or leave as it is.

Commissioner DeTro opened up testimony to the public, seeing no public who wished to testify, Commissioner DeTro closed public comment and opened up the hearing to commissioners discussion.

Motion Continued Public Hearing
Commissioner Hover moved to continue the public hearing to 4:25 p.m. today for continued consideration of the supplemental appropriation for Fair Facilities. Motion was seconded, all were, in favor, motion carried.

Update – Assessor Vehicle Purchase Discussion – Scott Furman-Dee Wood
Assessor Scott Furman explained the process he used to secure three quotes for purchase of a used vehicle for his department. The commissioners had previously approved the vehicle purchase. Assessor Furman read from a copy of the county’s bid policy, which the Clerk of the Board provided him before. He said because the vehicle he intended to purchase was used the purchase price would not exceed $25,000 which is the county’s informal bid threshold.

Assessor Furman explained three dealerships were called for quotes, they were Sunrise Chevrolet, Jess Ford, and Choice Auto. He said only one dealership provided him a quote and that was from Jess Ford for a 2017 Dodge Journey for $21,673.96 plus the cost of the extended warranty.

Commissioners discussed whether the quote was responsive and reasonable and it was.

Motion Bid Award Assessor Vehicle Purchase Jess Ford
Commissioner Hover moved to award the bid for the purchase of a 2017 Dodge Journey to Jess Ford in the amount of $21,673.96 plus the cost of the extended warranty. Motion was seconded, all were in favor, motion carried.

Update – Public Works – Josh Thomson & Ben Rough
Kent Kovalenko

Ben Rough explained that Dan McCarthy coordinated a call with the Dept. of Ag for an update on the Apple Maggot quarantine area. The Department of Ag will be on the phone for that discussion.

Engineer Josh Thomson proved his agenda and discussed the items listed there.

Maintenance and Road Conditions
Engineer Josh Thomson updated the board on flooding issues. Salmon Creek, Beaver Creek, and larger creeks are being watched.

He updated the board on the Elmway levee repairs. The vegetation was removed from the dike and rocks and rip rap placed with the goal of completing the repairs by the weekend.

The Engineer explained a guard rail repair bid award presented last week for signature that was around $60,000. He explained if the county owned a special tool for the guard rail posts the county could make the repairs itself. When a post is broken off a special tool is used to drill out the old post and makes room for the new post. Engineer Thomson thought one should be budgeted for purchase in 2019 if the purchase is cost effective as compared to bidding out the repair work.

The Similkameen trail washout was discussed. Repairs have not been approved yet. BLM was apparently waiting for PUD to first approve the work, but approval has not been received. The funding will need to be lined up before three quotes are obtained.

SOS Scan Grant Award
Engineer Thomson explained Public Works was awarded the grant so a contract will be presented in the near future for that work.

Engineer Thomson explained a budget amendment would be needed. He presented the Conconully Sewer Lift station repair project bid award and contract.

Motion Bid Award Conconully Sewer Lift station repair project
Commissioner Hover moved to award the bid for the Conconully Sewer Lift station repair project to JA Wright Construction and authorized the Chairman to sign the document. Motion was seconded, all were in favor, motion carried.

Motion Contract Conconully Sewer Lift station repair project JA Wright
Commissioner Hover moved to approve the contract with JA Wright Construction in the amount of $34,834.54 for the work on the Conconully Sewer lift station repairs and authorized the chairman to sign. Motion was seconded, all were in favor, motion carried.

Engineer Thomson updated the board on the Edelweiss Sewer Force Main replacement project and explained how costs are recouped.

WATV Routes
Engineer Thomson updated the board on the WATV signs and routes. Commissioner Hover explained Forest Service can cross commission for land use enforcements on the Forest Service property.

Engineer Thomson said the Colville Tribe did not wish to approve additional roads for WATV use other than those already approved around the city of Okanogan such as a portion of Rodeo Trail Drive and Cameron Lake Road. Engineer Thomson asked if the commissioners wished for him to discuss this further with the tribe. Commissioner DeTro thought that would be good, and asked that he also discuss speed limits.

Engineer Thomson asked if the commissioners had questions about anything on the consent agenda this week. He explained the items to be approved. Engineer Thomson was provided the original Certificate of Good Practice that was approved by CRAB at its meeting on April 19, 2018.

Amy Chloe Dept. of Agriculture
Dan McCarthy County Pest Control Agent
Ben Rough explained this meeting was arranged to discuss what changes would be expected to happen at the landfill. The county is applying for a special permit from the Dept. of Ag in order to transport vegetative materials across the quarantine areas. In order to move forward we need to decide whether or not to accept municipal wastes. As a result the materials will have to be separated from other items being dumped. The Contractor will also need to let their customers know of separation requirements. It will be different for the community. Commissioner Hover asked if municipal waste is garbage and municipal green waste is vegetation. Any dirt, grass clippings, wood chips, etc.…. will have to be separated from the garbage. Everyone within the quarantine area will have to comply.

Mr. Kovalenko explained how the debris would be segregated at the landfill and what the vision is. They would separate green waste from woody debris. Commissioner Hover discussed the two pits sites over in the Methow area that would need rehabilitation and suggested doing the material chipping on site then applying the processed materials back on the pit site. Ben Rough explained he is receptive to ideas for processing and treatment of the materials and thought processing it within the quarantine areas.

Dan McCarthy did not have anything more to add. Ms. Cloe said her office is available for assistance and DOA mailers would be used for outreach.

Ben Rough updated the board on open positions.

The resolution for temporary wages is on the consent agenda, and Mr. Rough explained some conflicts with regard to the union contracts and temporary wages noted there. There are no rates on the salary chart that wasn’t already discussed with the board.

DIVCO Annual Service Agreement
The DIVCO annual service agreement is also noted on the consent agenda. That contract increased a little. There was some concern about whether the Union was on board with the CDL training program. The union has signed the MOU, but the original has not been received yet. It will be presented to the board for signature once in hand. He explained how the training would be provided and the costs recouped.

Taber Land Purchase
Dave Taber wants to purchase a portion of county property it is about .5 acre. A request to the assessor on the value determination was made. A legal description will be done too. Director Huston will administer the process to surplus of the property. Commissioner Hover asked if the proper process would be applied. Director Huston explained it is to the letter. This is not tax title property. It must be surplussed, a sealed bid and/or auction established if the value is less than $2,500. Mr. Rough explained that Mr. Taber would like to build a road across the land if he purchases it.

Director Huston explained the meeting with the Colville Tribe regarding solid waste he can be prepared to guide the discussion if the commissioner wish as he isn’t sure what level of preparation by staff was needed to be gathered for the meeting. Commissioner Branch suggested a letter be sent to reply to the issues brought forth by Chairman Marchand that would help set the tone for the discussion to avoid surprises. Commissioners want to hear the Tribes point of view. Commissioner Branch replied there are a couple things going to be represented and thought getting ahead of the situation is preferred. Mr. Rough explained the pros and cons of gathering a 9 member board for a quorum. The existing number needed for a quorum is 5. Lately attendance levels have been up and the SWAC is happy with the composition.

Mr. Rough discussed the tipping fee data to the tribe with the caveat that if they organize their SWAC then that might affect the data. Commissioner Branch explained what he would like to relay to the tribe on the subject. What percentage of tonnage do they inspire? Ben Rough replied it is around 7% or around 2500 tons per year just shy of $20,000. Commissioner Branch asked if the Tribe is taken care of more or less than other customers. Mr. Rough replied with some differences for example the Tribe provides recycling services where as other customers may not. Mr. Kovalenko explained only some is generated by the central area of the reservation and how Ferry County may be taking some to their landfill. Commissioner Branch offered to send a draft letter for review.

Board of Health Meeting – 1234 S. 2nd Ave., Okanogan
Commissioners attended the Board of Health.

Member of the public, Emily Sisson stayed over the lunch hour and continued her note taking in the afternoon.

Update Human Resources / Risk Management – Tanya Craig and/or Debi Hilts
Ms. Craig asked if Commissioner Hover had a date and time to attend the compensation committee. He replied May 18.

Ms. Craig asked for time with the commissioners to go over the personnel manual. May 14 was selected.

Ms. Craig explained some space issues in the jail which necessitates the purchase of additional bunks so tank A & B can be double bunked to reduce the space issues. The cost is around $350 each and is wall mounted. Commissioner Hover replied there are the funds Douglas County paid extra to cover expenses such as this. The overall cost will be over $3,500. The commissioners were in favor of the purchase.

There is one candidate who is qualified for the food collection and litter control coordinator position. Cost for the position is around $43,000 for a full time position with the function varying between food collection and litter control. Commissioner Hover asked about the trailer used for this position whether it is working properly. Ms. Craig stated the Sheriff would prefer to replace the trailer. She directed the board to speak to the Jail Administrator for that information. Commissioners would like to speak to him about it.

Ms. Craig stated the Jail Administrator will need to arrange in advance for Trustees for the fair this year. Commissioner Hover stated it saves the county money to have them over at the fair. It was thought they are more of a convenience at the landfill. Commissioner Hover explained it would be good to have a trustee allocated to the fairgrounds in order to save the county money. Ms. Craig will discuss this with the Jail Administrator and ask what they are used for at the landfill. Ms. Craig explained that inmates who can or qualify to be trustees actually don’t want to work and we cannot make them.

Douglas County Veterans Program has received many comments about the proposed interlocal training program their county. Ms. Craig explained some noted concerns she was made aware of regarding, does the board wish for her and Eric Fritts to continue working with them. Commissioner Hover thought it would work well but if they have too many concerns, Mr. Fritts has plenty of work here.

Ms. Craig asked for an executive session.

Motion Executive Session RCW 42.30.110 (1)(g)
Commissioner Hover moved to go into executive session at 3:24 p.m. for 10 minutes to discuss the performance of a public employee and invited HR Director Tanya Craig. Motion was seconded, all were in favor, motion carried.

Executive session ended at 3:34 p.m. no decisions were made.

Discussion – Probation Office Space Request – District Court
Judge Charles Short, Darla Schreckengost, Carrie Port, Dennis Rabidou

Judge Short would like the commissioner to move Probation to the WSU extension office. Superior Court and District Court also wanted approval for use of the weed board side as a jury holding areas so that they can hold prospective jurors there instead of a courtroom. Then Superior Court would have the extra courtroom for calendars. Attorneys could also meet with their clients in a room rather than in the hallways. Commissioner Hover stated the board had already discussed the space. What about courthouse security and how is that going to be addressed for space. MR. Rabidou explained the front area there is a table there Judge Edwards’s desk and big safe in that areas. He suggested it be rearranged and make under the stairway a space for the security. He thinks he envisioned that would work and suggested that maintenance could build a kiosk. They are trying to coordinate another site assessment, and as those happen it will help to make the determination on a single point entry. What about lockers? Are there any ideas for the current probation building? They’d like to move the jury coordinator into the WSU area. He needs to move that position quickly somewhere else. The commissioners were okay with the ideas as long as it met Superior Court needs. Commissioner DeTro stated file storage is an issue county wide and suggested people be creative. The commissioner suggested the file storage be placed in Probation after they move into the old WSU office. Secure lock for the back door.

Mr. Rabidou stated some cabinets will need to be ripped out. Commissioner DeTro stated the maintenance dept. is stretched thin. Commissioners would like a list of items that maintenance would be requested to do. Judge Short commented about establishing a single point entry and if that is the decision he has seen the negative aspects of single point entry. More bang for the buck with security people and there is a lot of academic research on the subject. Commissioner DeTro believed that it was suggested for all new buildings to be equipped with a single point entry. Mr. Rabidou explained that a single point entry would need to be monitored. A single point entry may give a false sense of security. Security officers were felt to offer the best solution. As public servants, we need to consider those accessing the public courthouse and supply them the best and safest access not matter who needs to access the courthouse services.
Mr. Rabidou will be getting certified soon and he will be able to certify others. He is working on the committee’s recommendation.

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 $406,619.79 and Payroll vouchers in the amount of $1,004,452.92. 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 $45,169.91 Warrant numbers as cited on the attached blanket voucher list. Motion was seconded, all were in favor, motion carried.

Commissioner Hover moved to approve the Methow Valley EMS District vouchers certifications for the months of September, October, November, December 2017 at $54,920.50 per month and January, February, March, April, and May 2018 in the amount of $55,550.50 per month and approved the stated vouchers nunc pro tunc. Motion died for lack of a second.

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

Commissioner Branch moved to approve the Methow Valley EMS District vouchers certifications for the months of September, October, November, December 2017 at $54,920.50 per month and January, February, March, April, and May 2018 in the amount of $55,550.50 per month and approved today for then the listed vouchers. Motion was seconded, all were in favor, motion carried.

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

Motion Oroville Rural EMS District
Commissioner Branch moved to approve the Oroville Rural EMS District vouchers in the amount of $9,980. Motion was seconded, all were in favor, motion carried.

There was a memo attached to an interlocal agreement for increased dispatch services from Dispatch telling of the increase in from $300 to $5,100.

Commissioner Hover suggested the signing of the interlocal agreement for dispatch services be delayed so that the board can participate in the meeting with the other entities on May 23.

Commissioner Hover moved to adjourn as the Oroville Rural EMS and Reconvene as the BOCC Motion was seconded all were in favor, motion carried.

Commissioner DeTro opened up the hearing for staff seeing none he closed and opened up to commissioners’ discussion.

Continued Public Hearing Supplemental Appropriation Fairgrounds
Commissioner Hover moved to approve resolution 42-2018 a supplemental appropriation within fairgrounds facilities fund in the amount of $151,004. Motion was seconded, all were in favor, motion carried.

Citizen Comment Period
No citizens commented.

Approve Consent Agenda
Commissioner Hover moved to approve the consent agenda items 1-10, as presented. Motion was seconded, all were in favor, motion carried.
1. Commissioners Proceedings April 30, 2018
2. Reappointment – LEOFF Board – Byron Braden
3. Homeland Security Grant – Department of Emergency Management
4. Purchase of Traffic Striping Materials – Alpine Products, Inc. – Public Works
5. Interlocal Agreement – Solid Waste Disposal System – City of Oroville – Public Works
6. Contract – HVAC Maintenance – DIVCO – Public Works
7. Contract Amendment #1 – RAP Funding for Cameron Lake Rd (MP 3.30-4.5) – Public Works
8. Contract – Professional Services – Columbia Salmon Recovery Board – Planning
9. Cattleguard Renewals – Charles Eder Jr., CGF#26-98 – Public Works
10. Resolution 41-2018 – Defining Wages for Public Works Temporary Positions
Motion Fairgrounds Well Bid
Commissioner Hover moved to direct staff to add appropriate language within the bid notice for the plumbing and electrical details that were discussed earlier today and directed the Clerk of the Board to publish the notice to be published in the May 16-17 edition of the county’s legal newspaper of record. Motion was seconded, all were in favor, motion carried.

Discussion Jail Food Collector/Weed Crew-Noah Stewart
Tanya Craig

Noah Stewart explained the trustee situation in the Jail. There have only been 2-3 trustees who sign up. Trustees must apply for work duties, but not many do. None appear to want to work. He further explained the costs of food if there was no one to collect the free donations. He collects over $200,000 in free food and without that position the food costs would increase exponentially. Noah Stewart explained the history of the food collection services that were provided by Mr. Baggett for free prior to now. His biggest concern is to save the county money and that the collection service is less than buying the food. He just wants to ensure the commissioners are informed of the situation. The litter crew costs are reimbursed by DOE.

The truck is currently being used but once it gets back he would like to know if the position is authorized.

Commissioner Hover believes the position and a new trailer should be approved. The commissioners need to discuss the trustee situation with the landfill employee to determine their need versus the need at the fairgrounds which definitely saves the county money. Mr. Stewart stated the litter crew does take precedence as when a crew is available they go out every day. Commissioner Hover thought a schedule should be created to give staff an idea of when it is their turn for extra trustee help. When trustee sign up they do get good time added.

Motion Authorize Purchase Food Collection and Litter Control Trailer
Commissioner Hover moved to authorize the purchase of a 7 ton trailer, in county, that is sufficient for the litter crew needs with a maximum purchase price of $5,500. Motion was seconded, all were in favor, motion carried.

Ms. Craig asked where the expense would be paid from. Commissioner Hover suggested the expense be paid from the Jail’s small tools minor equipment line even though there is only $2,000 currently budgeted there. Quotes will be needed for commissioners’ consideration. Ms. Craig will make the calls. Commissioner DeTro suggested calls be made to North 40, Washington Tractor, and Home Depot. He wants specifications of the equipment and doesn’t want a cheap version he wants junction boxes, LED lights etc…..

The collection position is already budgeted for this year. The position will incur benefit costs on the food collection part, the benefits for litter crew work hours are paid for by DOE grant.

Public Hearing – OCC 17A.400 Water Availability – Perry Huston
Commissioner DeTro opened the hearing up to staff.

Director Huston explained proposed language to be added to OCC 17A.400 as it seemed most appropriate in the zone code and amended zone map. There was discussion about the agenda which had a minor scrivener’s error on the commissioners’ agenda regarding the label for this hearing. He explained DPA Gecas was consulted on this matter and it appeared to be minor error. Director Huston explained it could be advantageous to continue the hearing to another date and republish for that date.
Director Huston explained tonight the board will consider a text proposal which would not change any other language already in the code rather it would add.

The proposed text was displayed via projector and was reviewed section by section.

In the water availability study area, you would still obtain a building permit but would need to comply with instream flow rules or be in a water system. If applying for a building permit and don’t need water this would not apply. He read down the document and offered points of clarity for the board.

Text doesn’t designate the accrual area and that can be determined later. Section 17A400.130 is blank but reserved once the study area is developed. Director Huston further stated this code would be recommended as an interim rules. He read from the drafted text to be considered and discussed points for clarity.

The map was shown via the projector onto the screen so everyone could see the areas discussed. Commissioner Branch thought we should be looking at this on a sub basin basis.

WRIA 49 is in play right now as it doesn’t regulated exempt wells, whereas WRIA 48 does.

Commissioner Hover asked if this public hearing was noticed correctly in the newspaper of record. Director Huston stated yes. The Planning Commission process was discussed as was the environmental review results. They passed it on to the commissioners with their recommendation after a lot of discussion. Commissioner Hover asked for the comments for and against and what the numbers were on the vote.

Commissioner DeTro noted two people indicated they wished to comment. He then explained the time limits.

He called on Gina McCoy.

Ms. McCoy asked if was okay to testify as an individual rather than a Planning Commission member since she has already participated at the Planning Commission hearing. Director Huston stated there was no issue with that as an individual and would be.

Ms. McCoy read from her prepared comment. She read the recent history on new rules for exempt wells in Kittitas County and how they authorized a moratorium to further consider whether or not to allow creation of new parcels on land that cannot support the development. Already streams and wells supporting ag can no longer support those uses.

HC Burkholder testified that is is a good thing the county gets involved in managing its own water and doesn’t want to give the wrong impression. He is concerned about how it is done. He would be happy to talk about his logic that leads to the comment. He read from his comment which he had already submitted. He believes if the commissioners approve the additional code there will be a lawsuit as a result.

Director Huston explained Planning Commission member Phil Dart moved to submit their recommendation to the board and all Planning Commission members were present to do so. What the county is adopting is a process. The study area will be adopted at a later date.

Commissioner Hover asked about the two year expiration date unless renewed by ordinance. Director Huston stated the idea for two year reviews it would prevent it from just being a process. It would allow specific renewal.

Commissioner Branch stated the implications of uncertainty of water availability in certain sub basins could lead to denial of a subdivision proposal. Director Huston explained a scenario as a response and how the code addressed that very specifically. Commissioner Branch stated as issues are identified during the process, it will inform the board. Director Huston stated much of that generated information would also be included in the environmental review documents. There are provisions for building permits but it does prevent him from taking application for subdivision.

Commissioner DeTro opened the hearing up for commissioner discussion. Commissioner Hover stated the Planning Commission has great membership but he is concerned about the two year review period. If the board proposed an amendment to the ordinance would it go back to the Planning Commission for review but it depends on the magnitude of the change it would be recommended they review. Commissioner Hover discussed a scenario where money isn’t realized, commissioners don’t have the info needed, so they decide to continue another two years, he would like to prohibit the commissioners from extending it or put a timeline for that. He believes this hearing should be continued to a time certain whether it is during the day or evening. Commissioner DeTro commented on Mr. Burkholder’s comment. 6091 referred to a Hirst fix, because it was the best we had at the time and why the legislature moved forward and approved it. He believes 6091 will be brought up again and again. In the spirit of what the Planning Commission has handed down to the Board their unanimous vote carries a lot of weight.

Commissioner Branch stated anyone intending to invest in a subdivision in a subbasin of uncertain water supply should be made aware through this designation.

Make the opportunity available to hold off on the subdivision. Commissioner Hover responded that this would allow other commissioners down the road to use it, and have some sort of time limit bound to get something done. Commissioner Branch doesn’t challenge the timeline and has seen other entities with shorter timeframes. He believes the county was in compliance with the public notice publication and the only issue was the label on the commissioners’ agenda. Commissioner Hover stated his reason for continuing the hearing is because he is not ready to make the descion he wants to understand more how it all works, not because of the error.

Motion Continued Public Hearing OCC 17A.400 Water Availability
Commissioner Hover moved to continue the public hearing leaving the record open for public comments to Tuesday, May 29 at 2:00 p.m. Motion was seconded, all were in favor, motion carried.

Review Meeting Minutes

The board adjourned at 4:50 pm.