RECORD OF THE PROCEEDINGS

OKANOGAN COUNTY

SEPTEMBER 17, 2018

The Okanogan County Board of Commissioners met for its regular session on September 17, 2018, with Commissioner Jim DeTro, Chairman, Commissioner Chris Branch Vice-Chairman; Commissioner Andy Hover, Member and Laleña Johns, Clerk of the Board, present.

Review Commissioners Agenda and Consent Agenda
Commissioners reviewed their agenda and consent agenda items.

Budget Work Session –Sheriff, Jail, Communications, Etc….
Cari Hall Leah McCormack, Tony Hawley, Laurie Thomas Mike Worden, Joe Somday, Steve Brown, Frank Rogers, and Noah Stewart arrived at 11:25 am.

The group went through the Sheriff’s budget to identify the fund status within 001.017. Commissioner Hover reviewed the expected grant revenue because it really isn’t part of the personal property tax coming in and it is good to know if there are expenses related to the revenue.

Joe Somday explained there were funds not used due to two unfilled positions. The grant is somewhat restricted and is used for equipment which is a reimbursable type expense and must be incurred first before funds are reimbursed.

Mr. Worden explained the 024 budget included fourth quarter payments which is revenue that can be used the following quarter. He believed his total operating budget was around $760,000 and billing is based on annual quarterly revenue.

Ms. Hall explained some grant related bars lines within the sheriff’s budget that were previously combined but tracking the funds has been much more difficult and it was requested that those be separate line items again for better tracking ability. The 2018 expenditure lines within 001.017 were reviewed. The repairs and maintenance lines were discussed in the administrative section.

Commissioner Hover explained the commissioners wish to budget for the needs rather than the wishes of the department. Somday explained he does estimate as close as possible and goes with a middle number since some of the budget numbers are unknown at this point.
Search and Rescue is a different fund and different line items, explained McCormack. Donations are solicited for year after year and the fund build up to fund larger purchased from fund 124. There are different sections within SAR for the various needs. Somday explained new radios are needed in the very near future. He is asking for six new vehicles but knows he must wait until everyone else’s requests are in and considered. Commissioners would like all supplementals to be entered by December 1. A hard deadline will be provided to accomplish this request. Also, the Clerk of the Board already emailed departments to request that budgets be reviewed for supplemental purposes.

The county is currently in the red by $2,678,296 but is usually worked through as budgets are reviewed and adjusted.

Somday explained animal control complaints are handled by his department all the time and expenses are associated with that. Deputy Dave Yarnell is assigned to animal control duty. Commissioner DeTro stated in another county they contract with Mr. Jeff Flood for animal control and Commissioner DeTro encouraged him to contact Deputy Yarnell about his situation. There is only about $35 expended from the animal control line item as $4,000 was budgeted. Somday was surprised there wasn’t expenditures coming out of there.

Somday explained the Sheriff’s fleet accumulates an average 127,000 miles per year per vehicle. Six additional Sheriff Vehicles were requested in 2019. It will cost extra to outfit the vehicles as they do not come outfitted. Somday explained what the police vehicles come with and what will need to be purchased.

For the empty deputy position, Somday suggested adjusting it to a step four on the pay scale rather than a step one because it is likely a deputy with experience would be hired in that position.

The new Sheriff may adjust the department as well once in office. Sheriff Rogers would like to have a testing process already started so they can make a decision fairly soon after taking office. When laterals are not available it makes it difficult to fill a position quickly as there are many things such as training that must be accomplished first.

The group reviewed the Communications budget 001.024. Worden explained the budget overages within the current 21018 budget. He will be seeking a supplemental due to cost increases and equipment rentals. Worden explained the deer are rubbing on the tower and the building because there is no fence to keep them away. They appear to be undermining the building cement blocks. The microwave is in place but a local phone line to Twisp is needed and would be a new fee for the line. Additional radios will be needed to replace the obsolete ones. He thought replacement costs could be broken up between 2019 and 2020. Commissioner DeTro asked if the tribe doesn’t allow Omak Mt., to be used then how would Tunk work? Worden explained what to be careful of and thought interactions with other equipment might cause interference. He isn’t sure if Omak Mt is a broadcast site or not.

Commissioners reviewed the status of the Jail budget fund 001.013 for both the revenue and expenditure for 2018.

Medical revenues were discussed as to where those are to be receipted to whether fund 160 or 001.013. Jail maintenance costs were discussed in this regard too. Commissioner hover stated fund 160 is funded through sales tax and we are allowed to use some of it for Jail. The revenue received for medical costs is based on actual expenditures and then is reimbursed later. Both expense and revenue must come into and out of the same fund as is appropriate, explained Ms. Hall. She recommended those be in current expense as it could get us in trouble if elsewhere.

Treasurer McCormack explained that 100% of the 160 fund revenue is going into the fund but costs are more than revenue received. She asked if it would help if the fund was divided 70% juvenile and 30% jail. Commissioner Hover replied 7/12ths of the money would be received but the sales tax revenue fluctuates. We are not getting enough revenue to cover the costs of both Juvenile and Jail. Juvenile has over $352,000 budgeted for expenses in the 160 budget. Nothing was budgeted for jail expenses. Commissioner Hover said when the situation was advertised we did not say we were taking money from the fund to cover the jail. We were to cover medical costs and revenue generated from that is going into current expense.

It would be nice to have a line in 160 for maintenance that can be billed to. Ms. Hall stated it is a separate fund and rolls up in the report; she will get back to the commissioners. Juvenile has a section for maintenance and Jail has a section for maintenance in fund 160 where the expense would be paid from directly.

Noah Stewart stated the Dishwasher repairs and maintenance contract will be paid for by Jail as the contract budget is in their budget to pay from. The repair costs are included in the contract. He stated food costs are expected to go up with the current budget going over before the end of the year. Juvenile and Jail food costs may be able to be budgeted in fund 160 as Ms. Hall thought it would be a great use of the fund.

Commissioner Hover reminded the group fund 160 was to be used for major projects and we need to be funding that prior to operation expenses. Mr. Worden stated if the food costs were moved would it reduce the billable costs to the cities? Mr. Stewart stated he believes costs can be pulled from different areas to build the invoice to the cities. Commissioner Hover stated funds do come back to the county via grant for the food and Ms. Hall doesn’t see a problem with mixing grant money in fund 160. She will add the revenue into 160 for that. Somday supports the laptop purchases planned by Central Services in 2019. The department does need new laptops.

Update Jim Potts and Associates
Jim Potts and Zach Kennedy

Mr. Potts explained he would like to hear from the commissioners on what issues they would like to bring forth to the legislators. There is a great deal of turn over and many need to be filled in on current legislative requests. Commissioner Hover explained the request of the Sheriff to purchase six new sheriff vehicles and the carbon fee may be a surprise if testing doesn’t go well. He has a hard time accepting the taxing of use and then not providing an alternative. Mr. Kennedy explained Douglas County has a couple big data processing centers and those don’t really bring in any real jobs. It is hard to plan for the reserve necessary.

Mr. Kennedy asked how the fire effort of DNR has been perceived. Commissioner Hover and DeTro stated it has been excellent. Commissioner DeTro stated Hillary Frantz listened to the wildland advisory group and it worked.

The commissioners discussed the recent wolf issues. Colville Tribe lifted the cap on number of wolves that can be killed. Commissioner DeTro explained what conversation prompted this course of action.

Public Hearing –OCC 17A.290 & 220- Planning Dept. Perry Huston
Planning Staff Angie Hubbard, Char Schumacher, and Rocky Robbins for Perry Huston.

Isabelle Spohn, member of the public arrived at 1:30 p.m. to take notes on her computer.

The recorder was turned on.

Commissioner DeTro stated this time was set to take public testimony regarding the ordinance 2018-12 approved on August 28, 2018 that repealed ordinance 2018-2 and adopted new interim code revisions to OCC 17A.220 District Use Chart and OCC 17A.290 Cannabis Operations.

Commissioner DeTro asked for staff report.

Ms. Robbins provided the staff report that was previously drafted by Director Huston. (attached) Three options

1. Leave interim controls in place
2. Leave interim controls in place but adopt additional findings supplementing those identified in Ordinance 2018-12
3. Direct Staff to prepare an ordinance amending/repealing the interim controls

Right now the interim controls in place are the recommendations from the Planning Commission not including the bullet points noted, until the board has reviewed the code recommendations. The board provided clarification of what the hearing is about to make sure everyone knows what the meeting is for, explained Commissioner Branch. When rules are adopted without a public hearing, then one must be provided and this is the time.

Commissioner Hover stated the interim controls that are in place and exactly what came out of the planning commission last meeting. The board asked about five items they had questions on and those point are now with the planning commission for consideration. Today’s hearing is put the new interim controls from the planning commission in place. There is some confusion on the language being discussed. Ms. Hubbard stated the changes of the pc were to the district use chart and CUP and enforcement language was added to make it clear and tie back to zoning enforcement. Commissioner DeTro stated the advisory committee recommendation is only advise to the commissioners and they have no requirement to follow the advisory committee recommendations.

The advisory committee recommendation appeared to be different than the planning commission recommendations, said an audience member. Commissioner Hover stated the planning commission changes were projected on the screen when the board discussed this before. Commissioner Branch thought the hearing notice states what the hearing is for. He read into the record the notice that was published. If there is confusion over what the hearing is about, the information was published. When interim controls are put into place the county must hold a public hearing. The interim controls were put into place until the board had time to consider all the information and hear public testimony on the rules. Commissioner Hover stated another public hearing may be scheduled that would then provide for adoption of the code.

Mr. Zittel asked for the five points the board will be considering.

1. Lighting 2. Noise 3. Density/size of farms 4. Defining reasonable impacts from odor and 5. Traffic.

Commissioner DeTro opened up the hearing asking for those who wished to testify to please sign in. Commissioner Branch explained the issues were subject to a previous hearing and the board made those interim controls based on that hearing. The five points listed in the staff report have nothing to do with today’s hearing, explained Commissioner Hover.

Commissioner DeTro opened up the hearing asking for those who wished to testify to please sign in.

Matthew Figoni part of the advisory committee. He explained the whole group agreed on reasonable guidelines with only a few issues to be further addressed and wondered if those would be something the advisory committee would further consider for recommendation. Mr. Figoni thought it more mutually accepted to move forward with the original work of the committee. He thought the group should convene again to consider and provide that recommendation to the board.

John Willett Mazama Lazy Bee gardens investor. Mr. Willett thanked the board for developing the advisory committee with diverse people to discuss the positives and negatives to growing cannabis in their communities. The committee worked hard to come up with their recommendation and was thankful the board is considering those. There are some additional bullets to be considered and thought those should be considered by the committee before the planning commission does. One thing he is concerned about is agriculture and the smells from agriculture. One thing talked about is the smell of something that smells a couple months out of the year. That could mean chicken houses, dairy farms, and other annoying businesses that produce smells. Cannabis has a common roll and Lazy Bee hires about 15 people year round and 30 during the busy season. These are dollars put back into the community here, not just Seattle. He is barely making ends meet because of the taxes. There is the federal side that wants the taxes and then there is the state. With the county putting more regulations on this it will drive the business out of the county. He thanked the commissioners for their ears on this and appreciated their consideration of the five bullets and asked those be considered by the advisory committee.

George Zittel was on the advisory committee and initially it was really good with back and forth meaningful debate and at some point the growers realized if they attended the meeting they would have the majority of the vote on the committee and at that point the good debate quit. The idea of sending this back to the same committee will not serve in an equal discussion between two groups. He said marijuana wants to be treated like other agricultural products, but the state has said it is in another category.

Kelsie Taylor attorney for growers. She addressed some of the accusations of Mr. Zittel. The advisory group was difficult because there were passionate people from both sides, she said they were respectful. She said Mr. Zittel didn’t even show up for the last months of meetings. She said she valued his input. She encouraged the board to talk to others on the advisory committee. The CUP process was discussed with interim controls putting us backward. They wanted to have a good compromise for farms to locate here, but she feels the county has gone backwards. She really wanted to focus on the CUP process prior to the planning commission recommendations.

Dave Sorenson Winthrop, Mr. Sorenson’s concern regarding the options being considered today on option 2 with additional findings and wondered what those were. He was confused on what he was actually supposed to comment on. He felt dismayed at Mr. Zittel’s comments about the advisory committee. He recommended remanding the five issues the advisory committee main issues directed to work on. These are not just a couple things to be concerned about. It says to him that all that work would be thrown out and the board start all over again without the advisory committee input.

Jeremy Moberg Riverside. Mr. Moberg commented and agreed with Dave Sorenson’s comment. He thought the committee worked hard on the issues. It was a long exhausting process but it did address all these issues. There was no way to zone for this type of farming. He said it was clear the zone chart did not fit. They are looking at a definition and don’t know what qualifies and what doesn’t. He recommended using option number 1 leave the interim controls in place. He doesn’t know what additional findings the board would consider if option two were chosen. He believes the respect should be giving to the committee to address the issues or discover why they were not adequate. People deserve to know if property they intend to use for this purpose can be and R1 is not the way to do it. He recommended option No. 1.

Bill Johnson Green Acres. He said on the five options he commented that he has lived on Green Acres road before it was even Green Acres road. The lighting was so bright it automatically dimmed her pick-up truck lights, he has no problem with the density, but the odor is very strong, the traffic increased, more thefts, more problems arising due to so much traffic.

Commissioner DeTro closed the hearing to testimony and opened up for commissioner discussion.

Commissioner Hover sated these were very specific points these five bullets and offered them again. He would like to know what the issue is with keeping the interim controls in place. Commissioner Branch discussed the options and how he felt about the options. Additional findings would be based on what the commissioners heard today, explained Ms. Hubbard. It is apparent there is displeasure on the way the planning commission relayed their recommendations. He is hearing a mixed message that we should have adopted those as the rules, but at the same time he is getting the message no one like those rules. There were people who liked the rules and it was safe to adopt the interim rules because there was no objection from the industry when the rules were adopted. The board was comfortable based on that. But issues were brought up today that says the industry is okay with the interim controls. He believes in keeping the interim controls that were adopted August 28. The only other findings he would have liked to see was what came to the board from the last public hearing.

Commissioner DeTro stated it always come up that this is agriculture. But it isn’t related to agriculture because of the initiative it is referred to as a controlled substance therefore it is not agriculture. He appreciated that some realize the county is not making a lot of money from this. Many confuse the Planning Department with the Planning Commission, they are different. Whatever goes back would be going back to the Planning Commission and they could ask the advisory board to review again, and he wanted that to be clear. He is good with the interim controls. Commissioner Branch stated because of the way the zoning code is made it doesn’t consider the use as it is it is more closely related to agriculture zoning. It is hard to apply the rules we are trying to apply because of the way our zoning code works. There is not much for commercial areas or industry areas because of the way the zone is. The county could change the zoning code to fit what kinds of zoning is needed today. The R1 zoning may not fit well and could be the problem. The board remanded it back because it did need to be addressed. The advisory committee actually did provide them the input.

Ms. Robbins explained there was considerable input that was considered by the Director in terms of the planning commission. Commissioner Hover stated if the board remanded back to the Planning commission then the commissioners would hold another public hearing on additional findings.

Motion Interim Controls
Commissioner Branch moved to leave the interim controls in place. Motion was seconded; all were in favor motion carried.

The recorder was turned off.

Commissioner Hover addressed concerns about the five bullets and why those were important. An overlay would be the best way to show an area that does not allow this type of activity. There are already overlays used by the county to show WRIA 49 water. Mr. Moberg thought blocking out none permitted areas would be best rather than showing areas it is allowed. IT was felt this would take care of all the concerns. People want to know if the property they are considering for purchase is going to be impacted by some future marijuana operation. Commissioner Hover stated people must meet all the criteria conditions and that thought process happens no matter what the project is.

Ms. Robbins recommended folks who are still interested in this topic attend the planning commission meeting and send her comments about the issues.

Darrell Asmussen came in to discuss the auctioneer contract for the county auction to be held on October 13, 2018. There is a need for someone to be in charge of the auction. He does need someone from the county to attend the auction. Commissioner DeTro stated he has gone to every one of the auctions. In the past no one was on site to help that knows what things are or can help with starting vehicles. Commissioners thought Jerry Paul should be on site to help with the public works equipment questions. They need a go to person to answer questions. The commercial building is too far from the auction and auctioneers would prefer to auction the smaller items from the Agriplex.

Mr. Asmussen asked the board if there was a minimum bid amount required. The commissioners discussed the RCW regarding county surplus 36.34 and noted that they may set the minimum bid on items but the resolution did not specifically call out minimums.

Motion Auctioneer Services D & D Auction Company
Commissioner Hover moved to approve the auctioneer services contract between Okanogan County and (Darrell Asmussen and Dal Dagnon doing business as D&D Auction Company for the sale of county surplus at auction on October 13, 2018 at 9:00 a.m. for 7.45%. Motion was seconded, all were in favor, motion carried. Darrell Asmussen signed the contract while he was here.

Motion Auctioneer Services Campbell Auctioneer Company
Commissioner Hover moved to approve the auctioneer services contract between Okanogan County and Larry Campbell, Campbell Auction Company for the sale of county surplus at auction on October 13, 2018 at 9:00 a.m. for 7.45%. Motion was seconded, all were in favor, motion carried.

Stella Columbia was suggested to be on site for the auction as well as someone from Public Works to help with the vehicles.

Commissioners discussed and relayed the topics previously discussed at the NEWC meeting on Friday, Sept. 14. Mr. Asmussen who had inquired about the wolves wanted to know what the NEWC commissioners thought about the conflict resolve.

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 $2,579,347.66 and Payroll vouchers in the amount of $960,698.75. Warrant numbers as cited on the attached blanket voucher list. Motion seconded and carried.

Motion Public Health Voucher

Commissioner Hover moved to approve the Public Health Vouchers in the amount of $33,720.78. Warrant numbers as cited on the attached blanket voucher list. Motion was seconded, all were in favor, motion carried.

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

Commissioner Hover moved to approve the Voucher certification and authorize the Oroville Rural EMS District vouchers to be paid in the amount of $9,680. Motion was seconded, all were in favor, motion carried.

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

The board adjourned at 5:00 p.m.