The Okanogan County Board of Commissioners met in regular session on May 25, 2010, with Chairman Andrew Lampe, Commissioner Mary Lou Peterson, and Brenda Crowell, Clerk of the Board present. Commissioner Don Hover attending the NACO conference in Billings Montana.

Executive Session – Personnel

Commissioner Peterson moved to go into executive session on personnel matters at 10:09 AM. Motion was seconded and carried.

Open session resumed with no action taken at 10:24 AM.

Update – Public Works
Frank Sautell and Bob Breshears

Frank reported that they have been applying magnesium chloride on the Tonasket Airport Road and will be applying stabilizer to the Old Highway 97 until it can be paved. As far as repairing or replacing the bridge, there are some possible funding sources but it may come down to an agreement between the county and Tribe. Currently the bridge is restricted to passenger cars only under 10,000 lbs with weekly inspections.

Bob explained that the Non discrimination agreement with WSDOT has to be signed by the top official each year. Commissioner Lampe asked about Duck Lake Road guardrails. Bob stated that no funding was received for that project. Commissioner Lampe expressed his concern about how dangerous the road is.

Resolution 108-2010 – Budget Transfer – Public Works
Commissioner Peterson moved to approve Resolution 108-2010, budget transfer for Public Works in the amount of $7,000.00. Motion was seconded and carried.

Motion - Approve Consent Agenda
Commissioner Peterson moved to approve the consent agenda items 1-6 as presented. Motion was seconded and carried.

1. Approve Commissioners Proceedings for May 17th & May 18th, 2010
2. WWRP Agreement – Nelson Ranch
3. Agreement WSDOT – Title VI Non-Discrimination – PW
4. Service Agreement Amendment- UCSRB
5. Resolution 106-2010 Transfer Prosecutor
6. Resolution 107-2010 Transfer Sheriff

Public Hearing – Tawlks Family PD – Planning
Ben Rough, John Hayes

Commissioner Lampe opened the hearing on the Tawlks Family PD. Ben Rough explained that before the commissioners is an application for the Tawlks Family Company, L.L.C. saying that originally there was a proposal for 7 lots, 4 to accommodate single family units, 2 were duplex units and then the 7^th lot would accommodate the ski trail. During the comment period there were problems with access to that lot and so it is no longer part of the project. The build-out includes 4 single unit tourist-residential homes and 2 duplex tourist-residential homes accessed from Highway 20. A big portion of the project has critical areas. All the land surrounding the property is in conservation easement. A minimum of 75% of the property will remain in open space. The reason a PD is required is that the lots are under the 5-acre minimum as well as being tourist accommodations.

John Hayes directed the board’s attention to condition #24 which states, "No division of land may take place within the designated shoreline environment. Draw and label the boundary of the shoreline environment on the face of the plat. The boundary extends 200 feet landward from the ordinary high water mark, or to the boundary of the 100-year floodplain". Ben stated this is verbatim in the shoreline plan and is a standard condition on short plats etc.

John explained that they brought DOE in to establish a building line that was 2600 feet from the river. Then they said the ditch could be considered wetlands so they negotiated it out another set back from the irrigation ditch. John would like the record show that the setback line established by WDOE and the county as shown on the plat is indeed the building setback. Ben will add this to condition #24.

Commissioner Lampe opened up comments to the public. No comments were given. Commissioner Peterson requested that Johns comments be added to item #24.

Commissioner Peterson moved to direct staff to prepare an ordinance adopting a Zoning Map amendment which changes the subject property from Rural Residential to Planned Development. Motion was seconded and carried.

Commissioner Peterson moved to grant conditional approval of the Development Agreement for "The Tawlks Family Planned Development 2010-1", subject to the attached findings of fact, conclusions of law, and conditions of approval. Motion was seconded and carried.

Commissioner Peterson moved to grant conditional approval for "The Tawlks Family Planned Development 2010-1, subject to the attached findings of fact, conclusions of law, and conditions of approval." Motion was seconded and carried.

Commissioner Lampe closed the hearing.

Ordinance 2-2010 – Amendment Zoning Map – Tawlks Family PD
Commissioner Peterson moved to approve Ordinance 2010-2 amendment to the Zoning Map for the Tawlks Family PD. Motion was seconded and carried.

Discussion – Risk Pool
Steve Bozarth, Nan Kallunki, Verle Hill, David Goldsmith

Verle and David provided the 2009 Annual Report

Discussion – Jail Fees – Cities
Ralph Malone, Steve Bozarth, Mick Howe, Nan Kallunki, Scott Detro, Colleen Storms, Alice Attwood and Cindy Gagne

Ralph Malone explained that the county notified the consortium that the county didn’t want to continue with the present jail fee calculations. The Consortium got together and discussed the issue and have determined that increasing the sales tax from 1/10th to 3/10ths of 1% to sales tax. The supplanting language has been lifted and therefore a possible source of revenue for both the cities and the county. If imposed a portion has to be used for public safety kinds of things.

Colleen provided an estimate of possible revenue should this additional sales tax be approved.

Commissioner Lampe said that this seems to be the fairest method to provide monies for criminal justice. However, he does not agree with a councilmatic vote. He believes it should go to vote by the public.

Mick Howe stated that the cities believe that with their support the issue has a good chance of passing.

Commissioner Peterson stated that the contract between the cities and the county has expired. Commissioner Peterson said she would support the issue if the cities would pass the issue but would not be in favor of the county putting the issue on the ballot.

Scott Detro explained that they aren’t just suggesting this for the benefit of the cities but it would also help the county with its budget crisis. When asked how the cities should approach Commissioner Hover, Commissioner Lampe suggested that there should be a vote by the cities’ councils.

Mick Howe stated that they will work on an amendment to the agreement so that the billings can continue.

Motion – Executive Session - Personnel
Commissioner Peterson moved to go into executive session for 30 minutes at 3:45 PM to discuss personnel. Motion was seconded and carried.

Commissioner Lampe extended the executive session for an additional 15 minutes.

Open session resumed at 4:15 PM with no action taken.

Resolution 111-2010 – Emergency Little Nespelem Bridge
Commissioner Peterson moved to approve Resolution 111-2010, restricting the Little Nespelem Bridge to passenger vehicles under 10,000 pounds. Motion was seconded and carried.

Memorandum of Understanding – Right of Way Claims – Litigation
Commissioner Peterson moved to approve a Memorandum of Understanding agreeing to a division of responsibilities and obligations with regard to litigation of right-of-way claims. Motion was seconded and carried.