The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on May 17, 1999 beginning at 9:30 a.m., in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with Mike Shelton, Chairman, Wm. L. McDowell, Member, and Wm. F. Thorn, Member, present.

In addition to approving the April Payroll, the Board by unanimous motion, approved the following vouchers/warrants for payment: Voucher (Warrant #): 50241-50486………………... $ 395,538.30.

Phillip Bakke, Comprehensive Plan Manager, Island County Planning Department, presented PLG-010-99 prepared to reclassify a 20 acre piece of property from Rural Forest to Rural by Steve and Adrienne Schoenfeld. Applicants applied under ZAA-740-99, reviewed by the Planning Director and approved on May 14, 1999. The property has officially been changed from Rural Forest to Rural and the action presented is a technical correction to the official Island County Zoning Atlas required as a result of that change to reflect the new zoning classification of the property.

Commissioner Thorn indicated that while he was aware this was a perfectly legal process, he expressed great pain about creating additional lots when the County was already so over-platted now.

Commissioner Thorn moved approval of Resolution #C-53-99, PLG-010-99, in the matter of reclassifying a 20-acre parcel from Rural Forrest (RF) to Rural (R) – Schoenfeld. Motion was seconded by Commissioner McDowell, and carried unanimously.

A Public Hearing was held at 9:50 a.m., as scheduled and advertised, for the purpose of considering proposed Resolution #C-46-99, revising Island County Code, Section 2.02.050 to increase salaries of the Prosecuting Attorney and the Sheriff. Exhibit A attached to the Resolution shows that all of the elected officials salaries in Island County are at a certain percentage of the salaries of the Board of County Commissioners, and will change the Prosecuting Attorney’s percentage from 120 to 125%, and change the Sheriff’s percentage from 95 to 100%. Chairman Shelton advised that the resolution had not been proposed without research having been done to determine that these two elected officials in Island County lagged behind the comparative salaries in relation to prosecutors and sheriffs in other counties of similar size.

Josephine Fransen, 490 S. Scurlock Road, Freeland, made the following statement for the record:

Greg Banks, Island County Prosecuting Attorney, did not argue for or against the increase, but felt it a little strange he would get a raise before having worked a year for Island County, and understood that he was not being given a raise, rather it was the position. He announced that should the Board pass the increase, he intended to donate any increase in his take-home pay to the South Whidbey Children’s Center and the Maxwelton Salmon Adventure, until January so he will have at least worked a year before receiving a raise.

There were no other comments from members of the public.

Commissioner McDowell was aware that the Human Resources Department reviewed the salaries of the Sheriff and Prosecuting Attorney with other counties of similar size and the new salary range placed the Sheriff in that average salary range; the Prosecutor by this resolution would receive a nominal pay raise but would not place him in that salary range. However, since the Prosecutor feels he should not receive a pay raise for the first year, which he thought commendable, suggested this action be held until January. He acknowledged that it was for the position and the proposed raise would not put the position up to the average.

Commissioner Thorn felt that the resolution was proposed by having looked at comparable salaries with other counties for this position; the raise is not being created because of Mr. Banks, rather acknowledging the position, which he thought appropriate. How Mr. Banks deals with the increase he thought was totally beyond the scope of what the Board was discussing.

Chairman Shelton was not sure what the increase would do for the Sheriff’s salary as far as being comparable to other like-sized counties because the increase would put Sheriff in the mix of things in comparable counties based upon last year’s salaries.

Dick Toft, Human Resource Director, agreed to do some additional research through the Municipal Research Center to get that kind of information for the sheriff’s position.

In relation to Mr. Banks’ salary, the Chairman tended to agree that whatever he wanted to do with his salary was up to him, and agreed as well that the proposed action to increase the salaries of the Prosecutor and Sheriff was for the positions, not the individuals, recognizing that those two positions are underpaid.

The Board, by unanimous motion, approved Resolution #C-46-99.

On presentation and brief summary by Dick Toft, Human Resource Director, the Board by unanimous motion, approved the following personnel actions:

Public Works 051/99 Adm Asst. 1713.00 Replacement 3/1/99

Public Works 052/99 S.W. Attd.II .5 fte 2248.02 Replacement 5/17/99

Public Works 053/99 S.W. Attd.II .5fte 2248.03 New Position 5/17/99

Public Works 056/99 Mech I Coupeville 2237.01 Replacement 5//7/99

Planning 054/99 Sr. Planner 1718.01 New Position 6/1/99

Gloria Wahlin, Noxious Weed Coordinator, presented for Board action, Amendment to Contract No. IA 99-01-05 between the State of Washington, Department of Agriculture and Island County for the purpose of control and eradication of Spartina within Island County. The amendment adds $10,000 to the original contract, bringing the total to $35,000.

This work every year is performed under a blanket permit from the DOA; however, the permit has been contested by Friends of the Earth. All permits last year were given on a 3-year term except that a 1-year date was typed in error on the permit for Northern Puget Sound, not realized until several months’ ago, and simply issued the permit. The protest is that the process was not followed for that permit. She was originally hoping to have work done on South Whidbey to clear up Deer Lagoon and Cultus Bay, but at this time realized the contesting action could delay that several weeks. If so, the contractor will do prep work, mowing on other sites.

By unanimous motion, the Board approved Amendment #1 to Contract No. IA 99-01-05 between the State of Washington, Department of Agriculture and Island County.

Following the Board’s approval of the amendment to the contract with the Department of Agriculture, Ms. Wahlin presented an Amendment to the contract with the County’s contractor, Steve Writh, for the actual Spartina control and eradication to be done during 1999, adding $10,000 to the original contract.

The Board, on unanimous motion, approved Amendment #1 to the contract between Island County and Steve Wirth as presented.

Lee McFarland, GSA/Property Management, presented a resolution to surplus the WSU building in order to move or dispose of it in conjunction with the Courthouse Improvement Project [has to be moved by the beginning of July]. As far as potential use for the building, Mr. McFarland thought something was being discussed with Whidbey Island Bank.

Chairman Shelton was not sure the proposal would work out with the Bank. His understanding was that the Bank had a house just behind WSU building and the proposal was that the Bank demolish their existing building, and the County move the WSU structure on the Bank’s property for County use, and at the end of the County’s project, give the structure to the Bank. However, there seems to be some concern that the permitting process through the Town could take 6 to 7 months which would not accommodate the time frame the County is working under.

Commissioner McDowell’s concern was about destroying a perfectly good house if there was the possibility it could serve as affordable housing for someone.

Larry Kwarsick, Public Works Director, confirmed that attempts had been made to find anyone interested in the structure; the building right now has to be moved from its current location or demolished. Setting aside the use issue, the County would not need to deal immediately with the conditional use; if it is just a temporary placement or occupation of that land, he thought perhaps that could be done without having to go through the historic advisory committee. Mr. Kwarsick continues to work the Town’s Planner in terms of options. The first step, however, is that the County surplus the structure.

By unanimous motion, the Board adopted Resolution #C-54-99 in the matter of the sale of surplus County property.

Mr. McFarland presented for Board action, Resolution #C-55-99, in the matter of the sale of County surplus property, a 1991 Chevrolet ¾ ton pickup assigned to the Parks Department, with 132,356 miles, and setting minimum bid at $5,000 just slightly above trade-in value of the vehicle. The Oak Harbor School District is interested in purchasing the truck, which is allowed between governmental agencies.

By unanimous motion, the Board approved Resolution #C-55-99 in the matter of the sale of surplus County property.

The next resolution presented by Mr. McFarland was #C-56-99, the sale of County surplus property, in this case, a small triangle piece of property located on Ft. Nugent Road, the matter discussed with the Board during a recent staff Session. Mr. McFarland recommended minimum bid of $4,000. Estimate of value from Assessor was between $3,500 to 3,700 to $4,000. Offer for purchase has been received and agreed to in the amount of $4,000.

By unanimous motion, the Board approved Resolution #C-56-99 in the matter of the sale of County Surplus Property.

Mr. McFarland recalled having also discussed with the Board at a recent Staff Session, the matter of the sale of surplus property, a portion of the Greenbank Farm Property needed for highway right-of-way for the State Department of Transportation’s highway widening project from Elwood Road to the SR 525 pull-off. Mr. McFarland confirmed that the State DOT agreed to pay the County $5,400 as minimum bid.

By unanimous motion, the Board adopted Resolution #C-57-99 in the matter of sale of County Surplus Property. The Board further, by unanimous motion, signed a Warranty Deed and a voucher to DOT.

Mr. Kwarsick presented for Board approval Supplemental Agreement No. 2 amending an existing Agreement Island County has with Geo/Test Services, Inc., to provide an extended time of performance and add up to $20,000, bringing the total contract amount to $70,000, for material testing services as part of the on-going capital improvement/road improvement projects.

The Board, by unanimous motion, approved Supplemental Agreement No. 2 to Contract #PW-962029 with Geo/Test Services, Inc.

Mr. Kwarsick presented for approval Resolution #C-58-99 (R-28-99) for the purpose of approving plans and specifications/estimate, and authorizing call for bids for Courthouse Improvement Project Phase 1A, NE Fifth Street, under Work Order #305, with bid opening se for 2:05 p.m. on June 17, 1999, Room #7, Main Street Market Meeting Room. This involves the relocation of what has been known as Fifth Street relocation and construction of a small community park and parking lot.

Commissioner McDowell relayed his recollection that during the last staff session there had been some discussion that for the total project there was a 1.4 million dollar shortfall. His concern is that once this phase begins, there will be a significant time schedule that cannot be interrupted. He is uncomfortable knowing there is a 1.4 million dollar shortfall and was not sure how the County was going to pay for that.

Mr. Kwarsick remembered that in going through the latest bond for the courthouse expansion project itself the Board was made aware by the consultant there were some advantages to the County to keep the latest bond issue less than 10 million dollars. At that point the County was not only looking at Courthouse improvements but also the purchase of the Greenbank Farm and refinancing of existing debt. Even at that time the Board realized there was an identified need for additional courthouse funding and was hopeful that through the allocation of available on-going revenues that a reserve fund could be developed to help set aside the future debt at least in part. There is a courthouse reserve and it will set aside some of the debt for the project. The estimate for the total project cost right now is [not including the juvenile justice facility] about 8.4 million dollars. There is about 7 million dollars available either on hand or as on-going revenues through the life of the project that can be allocated toward the project, leaving a 1.4 million dollar shortfall. Mr. Kwarsick pointed out that there would be a better understanding of the actual extent of the shortfall once through this phase and the largest component of the project, the law and justice facility, is bid and contracted (current estimate 4.7 million dollars). Actual estimated cost of the annex remodel itself is 1.4 million dollars. Absent any increase in REET revenue or any other funds to be allocated toward the reserve, he suggested the need to look at possibly a 1.4 million dollar bond issue next year. The current capital improvement program that went through the Planning Commission last week demonstrates where the funds are, i.e. primarily REET 1 and REET 2. Through the six-year cycle Mr. Kwarsick has been able to demonstrate the ability to stay within the 50% limit at the end of that six year cycle. There would be a net gain in space with just the law and justice building without anything else. Intention of the other aspects of the project [courthouse remodel 1.2 million; remodel of annex 1.4 million] are to renovate those buildings, complete seismic repairs to the old courthouse building and establish it for non-court related activities. Work on the annex building is to remodel spaces and bring the heating an ventilation systems up to standard, making the outside changes to the building as part of the master plan. Mr. Kwarsick has received a memo from the Superior Court Judges on the issue and the Juvenile Detention Facility was one of the subjects of this Wednesday’s work session. The architect’s estimate for a 5 cell 10 bed juvenile detention facility was 2.3 million dollars; what is currently being requested is for a 10 cell 20 bed facility

Commissioner Thorn observed a glitch in the reasoning behind the issue of the juvenile detention facility which at this point is totally unresolved. He would not be supportive of any brick and mortar until it is resolved. There is roughly $500,000 a year coming in; if the County were able to bond this up front about 1/3 of that would go to debt service. The Sheriff has pointed out that it would take about $500,000 a year to run the detention facility which Commissioner Thorn believed was understated. That being the case, not only would the County be 1/3 short, it is also short of operating funds once the facility is built. It does no good to build the facility today and let it sit for three years until there are enough funds to operate it.

While Chairman Shelton did not disagree with that, he was concerned that somehow the County told voters if they voted the 1/10^th of 1% in sales tax there would be a juvenile detention facility, and so he was concerned about that commitment.

Commissioner McDowell had no question that the facility would be built, only a matter of when. He said from day one he was not interested in building the facility until the County had the money to do so. He apprised the Judges and the Sheriff of that a year ago and told them that again recently.

The Board, by unanimous motion, approved Resolution #C-58-99 (R-28-99) in the matter of approving plans and specifications and authorizing call for bids for Courthouse Expansion and Improvement Project, Phase 1A, NE Fifth Street Improvements, with bids received at 2:05 p.m. on June 17, 1999.

WHEREAS, sufficient funds are available in the Construction and Acquisition Fund and the Courthouse Expansion Fund for the above project, NOW, THEREFORE,

BE IT HEREBY RESOLVED that the Plans and Specifications are approved and the Public Works Director is authorized and directed to call for bids for the Island County Courthouse Expansion and Improvement Project, Phase 1A: NE Fifth Street Improvements. Bid Opening is to be at 2:05 P.M., June, 17, 1999, in Meeting Room #7 (Main Street Market Meeting Room), 400 N. Main Street, Suite B, Coupeville, Washington.

ADOPTED this 17^th day of May, 1999.

BOARD OF COUNTYCOMMISSIONERS

Mike Shelton, Chairman

Wm L. McDowell, Member

William F. Thorn, Member

ATTEST: Margaret Rosenkranz,

By unanimous motion, the Board appointed John Hastings, Freeland, to serve on the Central/ South Whidbey Watershed Management Advisory Committee, refilling the position left vacant by the resignation of William Halstead.

As presented and explained by Dave Bonvouloir, Solid Waste Manager, the Board by unanimous motion approved Contract # RM DPW-99-0039, with Alpha Steel Buildings, for the construction of Solid Waste Equipment Storage/Road and Sign Shop, on County’s transfer station property.

Maxine Sauter, Island County Treasurer, provided her Current Expense Report for the period ending April, 1999, but noted, however, that the books were kept open until May 10^th for posting property tax receipts so that all of the County District Funds and Current Expense Fund could be credited with the over $2,800,000 in tax revenues. She commented that income revenue seemed to be pretty much on target, both with previous year and compared to budget. As far as investments, rates at InterWest are at 4.80 and at Washington Federal 4.77. As of tomorrow, SeaFirst will become Bank of America. BA’s and CD’s with Bank of America run for a year for one-half million at 5.00 and for 4 million at 5.2.

Suzanne Sinclair, Island County Auditor, noted that expenditures and revenues seemed in an over-all picture the same as last year at this time, the only difference being in the real and personal property taxes [the Auditor’s Report ended the last day of April and did not carry forward until May 10^th].

Chairman Shelton opened a public hearing scheduled for 11:15 a.m., continued from April 19, 1999, Ordinance #C-01-99, Langley Interlocal Agreement.

Vince Moore, Planning Director, advised the Board at this time of the need to continue the public hearing, suggesting a period of one month. He had had some further discussions with Jack Lynch, Langley Planning Director, and it is his understanding that the Mayor was out of town most of last week and there had not been an opportunity to go into this further at the local level.

By unanimous motion, the Board continued Ordinance #C-01-99 [PLG-003-99] Adopting Langley Interlocal Agreement Governing Land Use Decisions within Non-Municipal portion of Langley’s Urban Growth Area until June 21, 1999 at 11:15 a.m.

By unanimous motion, the Board appointed Mr. Richard Tilkin, Langley, to serve as a member on the Conservation Futures Technical Advisory Group representing the Whidbey/Camano Land Trust, refilling the position previously held by Gloria Koll.

Tim McDonald, Health Services Director, requested approval of Interagency Agreement with DSHS for Medicaid Administrative Match. DSHS will provide the County with funding for issues the department already does, if the Department will take on some additional bureaucracy to report pursuant to their forms. The amendment clarifies what activity performed in the nursing program of the Health Department they will reimburse at 50% and which activities will be reimbursed at 75%. Contract amount is $50,000. The special reporting will be done by current existing staff.

By unanimous motion, the Board approved Interagency Agreement with the State of Washington, DSHS, Contract #9863-13294, Amendment 1, Contract No. 9863-14068.

Mr. McDonald presented Contract Amendment, #2 to the Consolidated Health Contract between the State Department of Health and Island County, Contract #C07711(2), adding $8,419 to different County Health programs:

$1,124 Breast and Cervical Health Program

$2,635 Local Capacity Development Fund Program

$4,300 Partnership/Computer Enhancement Program

$ 120 PHNs/WIC Program

Mr. McDonald explained that the $4,300 was for a project to digitize on-site sewage records and site registrations, resulting in more dependable record management, with records that can be viewed from each of the Health Department’s remote sites. The Department is working out a methodology with Central Services to get those on the Internet. Envisioned is a work station and capacity to hold the information all at once. This is an opportunity to gain capacity to do that in terms of hardware. The outline was to buy equipment sufficient to digitizes the on-site records.

Although Commissioner McDowell agreed to approve the contract amendment at this time, he asked that Mr. McDonald at the next staff session explain what the plan is.

The Board by unanimous motion approved Contract Amendment, #2 to the Consolidated Health Contract between the State Department of Health and Island County, Contract #C07711(2) in the incremental amount of $8,419.

Mr. McDonald presented Amendment #1 to Contract #HS-07-98 between Island County and the South Whidbey Youth Center, representing an additional $1,000 in the substance abuse prevention mini-grant.

ATTEST:

___________________________

Margaret Rosenkranz, Clerk of the Board