The Okanogan County Board of Commissioners met in regular session on August 15, 2005, with Commissioner Peterson, Commissioner Andrew Lampe, Commissioner Don Hover and Brenda Crowell, Clerk of the Board present.

Executive Session – Litigation – Commissioners
Commissioner Hover moved to go into executive session for 30 minutes at 9:00 Am to discuss litigation. Motion was seconded and carried.

Open Session resumed at 9:30 AM

Discussion – Various Projects - Planning
Greg Wilder reported that he would be sitting in on the review of the county’s application by Public Works Trust Fund Board. The search for a senior planner is not going well because there are very few people who are willing to relocate. He has requested additional funding for the Shoreline Master Plan that would include all the cities of Okanogan County. The funding is questionable because to fund the cities that did not apply the money have to come from another entity that did apply. He explained that he has also requested additional time for the completion of the Shoreline Master Plan since the county will be doing the plan in conjunction with the cities. The Board also reviewed maps of the US Forest Service proposed roadless areas.

Resolution 82-2005 – New Position - Building
Nanette Kallunki presented a resolution to create a new Building Inspector position in the Building Department. Commissioner Hover moved to approve Resolution 82-2005, establishing a new fulltime Building Inspector position at a grade 20 step 1. Motion was seconded and carried. (attached)

Public Hearing – Nightly Rentals – Planning
Commissioner Peterson opened the hearing regarding the Nightly Rental Moratorium. She noted that after hearing from staff she would take public comments.

Greg Wilder, Planning Director, explained that the county has hired Kurt Danison to review the issue and prepare the staff report.

Kurt Danison explained that the hearing is in accordance with RCW 36.70.795. He then presented his staff report that is attached. The Moratorium doesn’t affect the Health District and only pertains to the county’s permitting activity. A petition was received and consequently a Determination of Nonsignificance (DNS) was issued and subsequently withdrawn. If the County Commissioners do not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing. A moratorium adopted under this section may be effective for no longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. Paul Waterstrat, Health District Director stated that the Health District, being a separate entity and under the advice of counsel has provided inspections for applications.

William Pope, Owner of the Mazama Country Inn, Owner, and a member of the newly organized " Methow Valley Lodging association", stated that the issue is whether to end or extend the moratorium. In speaking for himself and the lodging industry, he objects to the moratorium. In his opinion, Nightly Rentals are currently not allowed in the Methow Review District. The lodging association would like the full review of the SEPA regulations as they relate. It is not fair to grant temporary relief from what is the law. The underlying issues and reasons for this opinion are 1) the separation of private and commercial use 2) that it violates the contract with developers who used the PD process and meet all the requirements. The investment that these developers have made would be undermined and 3) the county will have a large administrative hassle in terms of workload. Finally, everyone present from the Lodging industry feels it would be detrimental to lodging industry. The lodging association would like to pursue promotion of tourism. He noted that primarily the west side people are the ones that benefit by subsidizing a second home in the Methow. He urged the Commissioners to consider changes only after thorough review and analysis of the issue.

John Hayes, Landuse Planner for the Technical Assistance Group, explained that he has worked on most of the existing PD’s for licensing and has been a part of this discussion since 1973. The current regulations work in a highly competitive market. The district use chart regulates what can be used in any area. The Health Department is a separate organization they are not a permitting agency and in the past have worked closely with the Planning Department. He is not asking the Health District to stop their permitting process but the message has to be sent that along with the permits that it is not a permit to operate a nightly rental. The reason that the current regulation functions is that it preserves open space, exterior of buildings etc. All of this is working and we are the envy of other areas as a result. To change this would be wrong and it would be a slap in the face to those who have put over 6 million dollars into the existing Planned Developments. The Board’s intent should be included in any new zoning documents if any changes made to clarify any language. We should not reward people who break the law.

Vicki Welch, member of the Mazama Advisory Group, said there was no question that the intent of the Mazama Advisory Group was to eliminate the Nightly Rentals. It is not as if the use is prohibited because there is already plenty of acreage available for this use and the need is met. She doesn’t think the moratorium is needed and any attempt to challenge that would fail. Sprawl prevention has made the Methow Valley a major income producer for the county. This is one reason why the nightly rentals were regulated. It is unfair to the competition that meet all the requirements and unfair of property rights to put a transient rental in a residential neighborhood. She strongly urges that if there are any changes, they should go through the regular zoning process.

Gene Westland of the Winthrop Inn stressed the importance of planned communities. These communities are flourishing. In a healthy community, not everyone can own a motel, gas station, store etc. That is why there are regulations to keep the community healthy and prosperous. He urged the Board to keep the regulations as is.

Tom Miniatluk, is not in favor of a moratorium because he has invested heavily in the present system. He feels that to do away with the PD process would be to diminish the efforts of those that have gone through process. If the regulation needs clarifying do so, but do not have a moratorium.

Rusty Bonser asked for a copy of the staff report. As to the conflict between the Health District and county, they have worked together before and can cooperate and work out the differences in these regulations. He is concerned that there is no regulation as to the number of signatures required for a valid petition. There should be a way to provide language establishing minimum requirements for petitions. A review of the number of potential nightly rentals shows a tremendous number that could be used. It is important to understand the magnitude of this and have an understanding of the people who are in attendance.

Douglas Weber, Outward Bound II, concurs with everything that has been said. He paid dearly to obtain the appropriate permits for Nightly Rentals and doesn’t feel that anything needs to be changed. There is no need for a moratorium but there is a need to have the zoning process followed.

Rob Thorlakson, representing Sun Mountain and Black Jack Lodge believes the moratorium is not necessary since these are illegal rentals. The county needs to enforce its regulations. Sun Mountain lodge has invested over 40 million dollars in Okanogan County. He cited all the economic benefits that the Sun Mountain Lodge has contributed to the county. The illegal Nightly rentals have more units than Sun Mountain Lodge without any contributions to the community. It takes business away from legal businesses.

Lou Childers, Wolf Ridge Resort stated that a disservice would be done to those who have gone through the process if the county allows a few people who took the under the table approach to do this to continue.

Steve Alexander, Twisp, does not own a nightly rental nor does he plan to. He feels that there are laws that are clearly defined establishing who can and who cannot build. Almost all of those in attendance today believe that there are already laws that should be enforced. There should be clear-cut rules and they should be followed.

Commissioner Peterson called for any further comments. Rusty Bonser wanted it noted that there was no one present at the meeting that was in support of continuing the moratorium.

Commissioner Lampe moved to direct staff to review the moratorium and work plan language and to continue the matter to August 29^th at 11:00 AM. Motion was seconded and carried.

Rusty Bonser requested that everyone get a copy of the staff report for the continued hearing. The comment deadline is the 18^th as advertised.

Discussion – Horizons Projects – WSU Extension
Lori Northcott reported that a little over a year ago WSU received a grant of $350,000 for the Horizons program. The overall goal is to reduce poverty. Lori has been the community coach for the various communities. Currently we are in custom curriculum and working with several different agencies. Commissioner Peterson asked what the goal is at the end of the checklist. Lori explained that this is a pilot project to find out what are the problems that cause poverty. WSU’s goals are to create a community foundation.

Overview – Liability Program – Washington Counties Risk Pool
Verle Hill and David Goldsmith

David Goldsmith reviewed the mission statement of the Washington Counties Risk Pool and presented information regarding the policies.