The Okanogan County Board of Commissioners met in regular session on April 27, 2010, with Chairman Andrew Lampe, Commissioner Mary Lou Peterson, and Commissioner Don Hover attending a morning USFS meeting in Wenatchee and Lanie Johns for Brenda Crowell, Clerk of the Board present.

Discussion – Sheriff Expenditures -Auditor
Auditor Laurie Thomas discussed her concerns for items the Sheriff’s office purchased for gift baskets for employees. Laurie stated this is against our personnel policy. Laurie was told that the Sheriff said the baskets were preapproved by one commissioner. However, the board of commissioners denies having approved them. Shawn Messinger told Lynn Beck to talk with Commissioner Hover. The vouchers were reimbursements to Jennifer Johnson who bought the items personally, but specifically for employee appreciation baskets filled with snacks, as was noted on the reimbursement voucher.

Update – Sheriff
The Sheriff’s office did not show up or call to cancel their scheduled update. According to Beth, Joe was to call our office and cancel the meeting; however, no call was received at the Commissioners’ Office.

Update – Public Works
Frank Sautell and Bob Breshears

Frank Sautell updated the commissioners on road maintenance. Frank is concerned about the increase in fuel prices.

Bob Breshears updated the commissioners on engineering projects. Commissioner Lampe asked if there could be a radio update regarding the Ophir Grade Rattlesnake Point Project in order to let people know what to expect on the progress and wait times involved. One lane will be paved at a time. Commissioner Peterson requested the project be complete before cherry harvest. She stated that people start harvesting in June. Bob assured the board that if everything goes as planned it should be complete by then.

Bid Award – Ophir Grade & Rattlesnake Point Project – Public Works
Commissioner Peterson moved to award Ophir Grade & Rattlesnake Point Paving Phase Project to Granite Northwest of Watsonville, California, in the amount of $677,792. Motion was seconded and carried.

Consent Agenda
Commissioner Peterson moved to approve the consent agenda items 1-8 as presented. Motion was seconded and carried.

1. Approve Commissioners Proceedings for April 19^th & 20^th, 2010
2. Resolution 85-2010 Transfer Capital Improvement
3. Resolution 86-2010 Transfer Fair Budget
4. Resolution 87-2010 Transfer Sheriff
5. Resolution 88-2010 Transfer TCS-E911
6. Award Contract Ophir Grade to Rattlesnake Point
7. Cattle Guard Franchise N-220
8. Letter to Chelan County Intrastate Chain Inmates

Festival Permit – Conscious Culture Festival – Bluejay Hankins
Sheila Corson, Chronicle, Dwayne Hankins, Bluejay Hankins, Producer, Jay Delias Security

The spokesman for the Conscious Culture Festival stated that the festival would be held at the same location as the Family Faire. The Okanogan Neighbors Group, who runs the Family Faire, asked Bluejay Hankins to apply for the festival permit even though less than 2,500 people are expected. The Okanogan Neighbors Group asked that the festival permit be in place just in case that number is exceeded. Bluejay explained that he went to each department with his application and obtained all the required signatures. The Health Department fee was paid for up to 2,500 people, but that amount may be increased when the festival ticket sales reach 2,500 or more. Mr. Mike Harr, with the Public Health Department, stated via conference call, that should the ticket sales reach 2,500 or more the amount of the permit fee would be increased required to be paid. Mike Harr stated they have met all the other requirements.

Bluejay requested the board waive the bond fee from $5,000 to $2,500 until the ticket sales reached 2,500. If the festival presale tickets reach 2,500 or more they will pay the refundable $5,000 bond. Apparently, the Group is not able to pay the larger fee amounts until sales reach 2,500.

Commissioner Peterson noted that the dates of the festival application were not consistent with the DNR fire permit which states coverage from 6/11/10 through 6/12/10. The insurance coverage is from 6/11/10 through 6/13/10. She asked that this be clarified. Bluejay explained that music is scheduled for June 11^th & 12^th but is expected to end in the wee hours of the morning on the 13^th. Vending will occur until the 13^th.

Motion - Conscious Culture Festival Permit
Commissioner Lampe stated that instead of the Group paying $2,500 they only pay $1,000. Commissioner Peterson moved to pre-approve the festival permit contingent upon receipt of a $1,000 bond by May 30^th. Should the presale of tickets reach 2,500 people by May 30^th the bond amount due will be $5,000. If presold tickets do not reach 2,500 by May 30^th then the commissioners waive the full bond amount to $1,000 due on May 30^th. Motion was seconded and carried.

Discussion - Director Phil Anderson of Fish & Wildlife
Dennis Beich, Regional Manager; Phil Anderson, Director; Bob Heath, Ferry County Commissioner; Gary Douvia, Fish & Wildlife Commission; Dave Bretell, F & W; Perry Huston, Ok.Co. Planning Director; Sheila Corson, Chronicle Staff; and Becki Andrist, KOMW

Introductions were made.

Commissioner Lampe thanked everyone for coming and stated he appreciated the opportunity to address some of the conflicts that exist between the Agency, Land owners, and the County regarding land acquisitions. He further stated there would be no public comments taken at the meeting.

WDFW Director Phil Anderson thanked the board for the opportunity to establish an open dialogue to address our concerns and identify common ground and objectives. He would also like to find ways of helping us with our objectives. He wants to help in developing a formalized process by which the county and the Forest Service would work together on future land acquisitions they might be considering in Okanogan County. As development occurs across our landscape, it presents a huge challenge in providing those open spaces that are truly necessary for the health of wildlife. People coming to this state are going to compound their challenges, Director Anderson said. Ranching and agriculture contribute to healthy wildlife populations. Fish & Wildlife grazing plans present a big challenge for the department. Hunting and fishing licenses contribute about 25% of the department’s revenue. It is increasingly difficult to find new ways of contributing to their ever dwindling revenue streams. The introduction of wolves will present a huge challenge as well.

Commissioner Peterson thanked the department for making the effort to be here. Commissioner Hover explained his concerns in regards to land acquisitions and the concerns of the Upper Columbia Salmon Recovery Board.

Perry Huston presented slides of information that are of particular concern to the board. (attached) These items of concern have led to the meeting today. The latest Fish & Wildlife acquisition occurred in Commissioner Peterson’s district. The land that was purchased was previously used as industrial property and is adjacent to the 97 Hwy corridor. The land was not marginally developed land, but land with industrial and commercial potential and with a history of industrial use. Director Anderson stated that the amount of land they own in the county is around 3%. DNR ownership is around 12%. Commissioner Hover said the important thing is the amount of publically owned land in Okanogan County versus the amount of privately owned land that is being bought for habitat. Not all the land acquisitions are land owner initiated, but in fact there are agents out seeking potential land from private land owners. Commissioner Peterson pointed out there is a pattern where the department is buying up land from the Canadian Border all the way through the middle and western part of the county. Perry stated that there was 66 million dollars that was put aside nationally for departmental grants to pay for land acquisitions and 10% of that money is specifically for land purchases in Okanogan County.

Perry testified that the county is concerned about Fish & Wildlife introducing 15-30 pairs of wolves into the county. Through perusal of various press releases from the department, the county determined the extent of the introductions. The department denied that 30 pairs would be introduced and said the number is closer to 15 pairs. Perry continued, we also need to know about the introduction of the Grizzly Bears and how that will impact the county. These are the activities we need to be cognizant of and it would be more beneficial if we were on the front heading up these discussions as opposed to gleaning from various press releases and public information requests. We have had to track this information down because the departments have not been forthcoming with their plans within Okanogan County. This has made it very difficult to compose accurate information during the process of adopting our Comprehensive Plan. These actions by the department will impact the county and those impacts have not been evaluated.

Commissioner Hover stated that we want to bring all the state agencies together for one meeting and explain to them where we are at and where we want to go. We want what the department is doing to fit with what we are doing. We want their plans to be consistent with what we have in our books.

We don’t know what the department’s strategy is or why they are purchasing property or what they are going to use it for. Mr. Anderson said they are willing to have that conversation with us, sit down and discuss the reasons for their strategy, and work out the compatibility areas. We must know what the impacts to the county are because some of the county’s best industrial and commercial lands are being purchased by these agencies. Commissioner Peterson asked how much land is enough for habitat and what is the justification for its purchase?

Commissioner Peterson asked whether the department has seen the grant applications for the conservation easements that are processed through RCO and how their staff has answered some of the questions. The department responded that they haven’t seen all of the applications. Commissioner Peterson further explained that far more wildlife are seen in alfalfa fields and in orchards then on land the department owns.

Dennis Beich said that he is hearing the same things he has heard over the past year.

Commissioners also expressed concern over the grazing permits and the restrictions that are in place. Most of the ranchers can’t afford the time or the money to go through all the requirements and restrictions to be able to graze wildlife lands. Phil Anderson replied that he does understand the situation.

Gary Douvia explained that the east side of the state is most compatible with what they are doing and with what their department needs are. They look at land and the habitat from a whole ecosystem approach. The department has made significant changes that go to the heart of the problems he is hearing, but they have not been able to do more thorough research. Communication is 90% of the problem and is usually 100% of the solution.

How much land is enough and how much money is there for upkeep of the lands the department already owns? Commissioner Peterson stated that they are at a serious point right now, where the county needs to know now, as coordinating agency status, what direction the department is headed. We will go to whatever the next level is to find out because it is beginning to impact the county financially, socially, and economically and affecting the health, safety and welfare of the citizens who live here.

Phil Anderson explained their land acquisition process. Commissioner Hover asked why certain lands are important and what the science is behind that importance. What is the vision behind the science for those areas? The department replied, when they were looking at areas 10-15 years ago in the Methow, the research was done by Don Ziggler and later by Woody Myers where they identified the travel corridors. The department then identified land within those corridors they might want to buy. Land owners come to them to see if their land is compatible, which starts the acquisition process. Commissioner Lampe asked in what part of the process does the department think the county can become involved. It would be advantageous for the county to be involved when the department starts exploring what land opportunities are available within that travel corridor. The commissioners would rather see the development rights sold to the department or the land put into conservation rather than a fee simple purchase. The commissioners don’t want veto power over the sale, they want to be equal in the process of deciding whether the science is good, it fits within the parameters of the plan, and the land is compatible with what they are trying to accomplish. The purchases will affect all the surrounding land owners who will have to pick up the tax slack, but this isn’t an impact the department considers, and needs to. Commissioner Peterson asked when the travel corridor was decided on and when did they decide to make these purchases for that purpose? The department stated that the conversation was started about 9-10 years ago for the North South travel corridor. Commissioner Peterson has been in office for 8 years and she has not been a part of that conversation. Dennis replied that they want to sit down and talk about it, but he didn’t think today was a good day as he has another engagement.

Phil Anderson explained that their map shows there is a corridor. The department plan for that corridor, was started 10 years ago, but he wasn’t here 10 years ago and isn’t sure if conversations were started about this topic then. He wants to layout the process for the department’s objectives and figure out where the county fits into that process. He wants to lay out what their conservation objectives are, what the conservations are based on, clearly laying out the processes for getting to those objectives, and then figure out where the county fits in and at what time the county should interject their opinions/concerns. Commissioner Peterson stated she is not real happy with that scenario but is willing to work with it. She wanted to know if the county objects to something how the department will handle that and will it be considered. She wants mitigations the county suggests to be considered and in place before the acquisition is complete.

Commissioner Peterson stated she doesn’t want it this to go to committee in order to figure out these situations. She stated the county needs coordination at the table at the beginning in order to give input of our concerns and mitigations.

Commissioner Lampe said a time table will be discussed as to when the department and the county can meet again. He asked if they would like to give us dates that work for them or whether we should send them dates that work for us. The department will work on getting the needed information for the meeting to the county ahead of time. Phil said his department will get back a hold of us as to a date that works for them. He further explained that he expects the meeting to take place before August. In the mean time, the department is going to move forward with their conservation easements that are currently in the process, such as the ones within the circles that were previously talked about. Commissioner Peterson said perhaps SEPA should be started on those before they are complete. The department stated they have a difference of opinion in regards to SEPA and a difference legal analysis on it as well. Commissioner Peterson replied that this needs to be one of the discussion points for the next meeting as she wants to know what their legal analysis is. Commissioner Lampe stated that RCO has some different requirements on the grant applications and are requiring more purpose oriented detail.

Commissioner Peterson stated that there have always been migration corridors, the ranchers and farmers have always welcomed the migration of deer and wildlife and that will not change. The wildlife will migrate regardless of who owns the lands. It is not a matter that should be addressed by buying everything up.

A date to discuss delisting of the Grey Wolves will be set for more discussion. There needs to be some kind of analysis of the program and we need to discuss how the delisting process will happen.

Silver Spur North Ranch Development - Appeal
Okanogan County received an appeal on March 25, 2010, from the Washington Department of Ecology (DOE) of the Final Mitigated Determination of Nonsignificance for Silver Spur North Development. On April 8^th, 2010, Okanogan County received, from DOE, a withdrawal of the previously filed appeal. The plea was to appeal the Planning Director’s environmental approval of the Silver Spur North Ranch Development. DOE withdrew their appeal because the county has clarified how the project proposes to meet legal water supply requirements for the development.