January22, 2013

The County Commissioners’ meeting was called to order in their meeting room at 9:00am. All members were present.

(1)

Consent Agenda - Motion was made by S. Kissto approve the Consent Agenda. Motion was seconded by K. Skoogand passed unanimously. The Consent Agenda includes today’s Agenda, theminutes of the Board’s January 14, 2013 meeting and the following items:

Investment Earnings: $927.27

Pend Oreille County 2012-2013 Assessed Valuation (Compiled by Assessor James W. McCroskey)

Pend Oreille County Salary Structure for 2013

Department of Social and Health Services Contract No. 1163-27319 Amendment (Amendment No. 3) regarding Aging and Disability Services Administration Division of Behavioral health And Recovery

CONTRACT NO. 2013-2, COMMISSIONERS RECORDING

PAYROLL CHANGE NOTICES:

Sheriff

Jordan Bowman, Deputy, Step 1, $3802.56, Effective 02/16/2013

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Correspondence:

01.20Newport Chamber-Membership Renewal

01.21Northeast Tri County Health-Board of Health Member information

01.22L. Porter and V. Cox-West Branch LeClerc Creek Road/Commendation Letter

01.23D. Lewellen-Public Defender Report for 4th Quarter 2012

01.24K. Charlton, Rural Resources-Governing Board of Directors

01.25Pend Oreille Conservation District-February 16th Annual meeting

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Board Reviews and Reports -

S. Kiss provided a recap of the budget seminar he and M. Manus attended January 18, 2013.K. Skoog discussed a wolf meeting. M. Manus reported on the meeting he had with Gayne Sears of the Forest Service. Other matters discussed were Parks and Recreation, Hotel/Motel Tax Board and fund, upcoming legislation, Natural Resources-related legislation and the vacancy on the Community Economic Revitalization Board.

(4)

Public Works Update –

Present were: Public Works Director Sam Castro, County Engineer Don Ramsey, District 1 Road Foreman Mark Long and Solid Waste Coordinator Beth Gillespie. Also present: KellyDriver from POC Valley Railroad, David Hood of Hood Design Solutions (Project Manager on Lost Creek Estates) and Randy Provolt.

S. Castrodiscussed Lost Creek Estates and Lost Creek Drive which crosses the railroad andconnects to the State Highway. Lost Creek Estates is a shortplat that began in 2006 and the subject road was constructed and reviewed to County road standards. D. Ramsey recommends acceptance of Lost Creek Drive into the County’s road maintenance system at a Level 4 which is the lowest level and does not include snow plowing. He presented a resolution for Board consideration. Motion was made by K. Skoog to accept the Resolution establishing Lost Creek Drive as a Level 4 County road. S. Kiss abstained due to his having a seat on the Port Commission. Motion was seconded by M. Manus. Motion carried.

Resolution to Establish Lost Creek Drive as a Maintained County Road at a Maintenance Level of 4.

RESOLUTION NO. 2013-10, COMMISSIONERS RECORDING

S. Castro discussed Viet Road maintenance requests. S. Castro noted Viet Road is maintained at a Level 4. He discussed the various maintenance levels and provided tracking on services requests covering 2010 to-date. Mr. Provolt discussed the subdivision, the various lots, road condition and maintenance and requested a copy of the road specification requirements. It was noted the County needs to deal directly with the subdivision developer.

S. Castro discussed the paint stewardship legislation as it relates to the County’s Solid Waste operation, noting this may have an adverse effect on the CPG grants the County receives. B. Gillespie noted the Solid Waste Advisory Committee meeting is scheduled for March 28th at 3:00p.m. Also discussed was a tour of transfer stations in other counties to view the various safety procedures.

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EXECUTIVE Session – M. Manus requested a telephone conference w/Attorney Schwartzregarding litigation pursuant to RCW 42.30.110 (1)(i) for 1 hour and 5 minutes from 12:10p.m. to 1:15p.m. Also present was Community Development Director Mike Lithgow.

(6)

Steve Kiss presented bills approved by the Hotel/Motel Tax Board and is requesting approval by the Board. Bills are itemized as follows: PORTA for 2013 Administration fee: $6,000; POC Auditor for warrants, postage and copy services: $46.00; Newport Chamber for map, pamphlet & brochure distribution: $200.00; g2 Web Service for PORTA Website: $90.00; KXLY Spokane Television for October, November and December 2012 airtime: $2925.00; Conservation Northwest for publishing and printing of NE Washington Wildlife Viewing and Hiking Guide: $1,500.00. Motion to approve the bills for payment was made by S. Kiss. Motion was seconded by K. Skoog and passed unanimously.

(7)

Auditor Marianne Nichols discussed approval of vouchers, noting department heads or elected officials sign vouchers for their respective departments, however the Commissioners have the final approval of all vouchers paid.

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Prosecuting Attorney Tom Metzger was present to answer any questions and to provide updates. S. Kiss had questions regarding conflicts of interest when filling positions on the Hotel/Motel Tax Board. Also discussed was the meeting of Commissioners from Stevens, Ferry, Okanogan and Pend Oreille counties to be held January 23rd at 9:00 a.m. at the Ag Trade Center in Colville, noting the Spokane County Commissioners had an out-of-town conflict and would not be in attendance. M. Manus discussed the Legislative Steering Committee, and the need to have dialogue between the counties regarding needs from the Washington State Association of Counties for Northeast Washington counties.

(9)

Treasurer Terri Miller provided information on uncollectable personal property taxes, noting any undeclared personal property must be listed annually by February 1st. This year there are four items, three of which have been destroyed and one is a double assessment. T. Miller provided a resolution cancelling uncollectible personal property taxes for the Board’s consideration.

Motion was made by S. Kiss to approve the resolution. Motion was seconded by K. Skoog and passed unanimously.

Resolution Cancelling Uncollectible Personal Property Taxes

RESOLUTION 2013-11, COMMISSIONERS RECORDING

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Publlic Comment Period –

Ben and Lorraine Kirkpatrick discussed gun control, gun rights and infringement on citizens’ Second Amendment rights. Also present was Sheriff Alan Botzheim who discussed gun control in the County, gun safety and people’s rights.

Tom Metzger, as a private citizen and resident at Diamond Lake, discussed the facts around the complaint that he and his wife filed against The Inn At The Lake, noting there has been a variety of letters sent to them and to members of the community and various offices that the Metzgers believe contain misinformation. He provided background information on the history of vacation rentals at Diamond Lake and presented various community members’ statements regarding the need for enforcement of vacation rentals. He further noted that two years ago he encouraged the County to use the lawfirm of Witherspoon and Kelly for legal representation regardingThe Inn At The Lakeand encouraged the Board to continue using Attorney Schwartz at Withspoon and Kelly for legal representation regarding this matter. Other items discussed were: the Hearing Examiner’s legal decision and the state-adopted International Building Code. Also present was Don Gronning of The Miner.

Jim Cowan discussed a light at the intersection of Highway 2 and Coyote Trail. K. Skoog provided him a copy of S. Castro’s e-mail and recommendation that Mr. Cowan contact the Washington State Department of Transportation. The permitting process was also discussed.

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As of this date the Board approved for payment the following vouchers as listed and made available by the Auditor's Office:

Salary and Claim

FundFund Amount

Current Expense$ 56,834.42

Counseling Services$ 5,979.46

Counseling De-obligation$ 50,000.00

Fair$ 962.07

Technology Project$ 3,205.37

Solid Waste$ 2,285.97

Risk Management$ 303.73

Equipment R&R$ 4,632.65

IT Services$ 19,370.98

Sheriff’s Trust$ 657.00

TOTAL:$ 144,231.65

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Motion was made by K. Skoog to continue the meeting to January23, 2013. The Board will be attending a meeting of Commissioners in Colville at 9:00 a.m. That meeting includes the counties of Stevens, Okanogan, Ferry and Pend Oreille. Motion was seconded by S. Kiss and passed unanimously.

January 23, 2013

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Minutes of the four-county Commissioners’ meeting in Colville were not available for inclusion and will be reported in future minutes.

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Motion to adjourn was made byS. Kiss. Motion was seconded by K. Skoog and passed unanimously.

ATTEST: ______APPROVED:______Clerk of the Board Chair of the Board

Commissioners’ Minutes, January 22, 2013. Initial _____ Page 1 of 4