ISLAND COUNTY COMMISSIONERS -  MINUTES OF MEETING

SPECIAL SESSION  - CAMANO ISLAND  -  NOVEMBER 8, 1999

 

SPECIAL SESSION

 

The Board of Island County Commissioners  met in Special Session, Monday, November 8, 1999, beginning at 8:00 a.m., prior to the Regular Board meeting beginning at 9:30 a.m., held in the Hearing Room, Courthouse Annex, Coupeville.   The purpose  of the special session was to allow the Board to meet in  Executive Session with  special legal counsel to discuss pending and/or potential  litigation, as allowed under R.C.W. 42.30.110 (1) (i).    The  Executive Session lasted approximately 1-1/2 hours.  No announcement was made on return to open regular session.

                                                           

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

                                   

[Mike Shelton, Chairman-absent]

 

_________________________

Wm. L. McDowell, Member

                       

_________________________

William F. Thorn, Member

 

ATTEST:  __________________

Margaret Rosenkranz, Clerk of the Board

 

REGULAR SESSION

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on November 8, 1999,  beginning at  9:30 a.m. in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa.      Members Wm. L. McDowell and William F. Thorn were present at 9:30 a.m.;  Mike Shelton,  Chairman, absent.  Chairman Shelton was present for the afternoon session  beginning at 1:30 p.m.

 

VOUCHERS AND PAYMENT OF BILLS

 

The following vouchers/warrants were approved for payment by unanimous motion of the Board:    Voucher (War.) # 62008 – 62315….$563,593.70.  Also approved by unanimous motion was the October payroll.

 

Employee Service Awards

 

Cathy Caryl                20                                 Jennifer Chong            5

  11/7/79 Central Serv                                                11/28/94 Health     

 

Debbie Thompson      10                                 Kelli Turpin                5

 11/1/89 Prosecutor                                        11/1/94  Public Works           

 

Kathy Carpenter        10                                  Cheryl May                 5

  11/27/89  Health                                           11.28/94 Solid Waste

 

Barbara McNaughton    5

10/12/94  Commissioners[Camano] 

 

EMPLOYEE OF THE MONTH – OCTOBER, 1999

Mike Beech, Sheriff’s Department

 

Presentation to James Arnsberger for his many years of service as a volunteer on behalf of the citizens of Island County

 

The Commissioners, along with Gay Dubigk, Executive Director,  Northwest Private Industry Council, presented a special award plaque and letter of appreciation to James “Jim” Arnsberger,  with sincere appreciation and thanks for his many years of dedication  and contribution given to Island County, not only on the PIC, but in many other volunteer capacities as well, including: 

 

United Way Good Neighbors/Human Services Advisory Council 1980-82

Island County Park Board 1977-1986

Senior Transportation Advisory Board 1981-1988

Local Employment and Training Advisory Council

Private Industry Council 1983-1999

 

As Commissioner Thorn and Ms. Dubigk recalled,  a quote Mr. Arnsberger will always be remembered for:  “I liken my position to that of a burr under the saddle blanket …not enough to cause any great pain but just enough to keep the rider and horse aware of each other!”  

 

RESOLUTION NO. C-142-99 PROCLAMATION RECOGNITION AND SPECIAL OBSERVANCE OF THURSDAY, NOVEMBER 11TH, VETERANS DAY

 

The Board, by unanimous motion, adopted Resolution  #C-142-99 Proclaiming Recognition and Special Observance of Thursday, November 11th, Veterans Day.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF PROCLAIMING)

RECOGNITION AND SPECIAL             )        P R O C LA M A T I O N

OBSERVANCE OF THURSDAY,           )        RESOLUTION C-142-99

NOVEMBER 11TH, VETERANS DAY    )

___________________________________)

 

            WHEREAS,  millions of American men and women have answered the call to duty in defending the hard-won freedoms we enjoy today; and

            WHEREAS, this day, November 11th, Veterans Day, is the occasion on which we remember, recognize and honor the unselfish service, in all wars and military actions of our veterans; NOW, THEREFORE,

            BE IT RESOLVED that the Board of Island County Commissioners hereby invite all citizens within the greater Island County area to join with us in this very special observance of Veterans Day.  Let us recognize the hardships and sacrifices of those we know as Veterans, and let us give them the special recognition they so greatly deserve.

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

                                                                        [absent - Mike Shelton, Chairman]

                                                                        Wm. L.  McDowell, Member

                                                                        William F. Thorn, Member

ATTEST:   Margaret Rosenkranz

Clerk of the Board

BICC 99-624

Chairman of the Board - 2000

 

In accordance with R.C.W. 36.21.100, the Board acted to appoint the Chairman of the Board for the next year.  Commissioner McDowell was by unanimous motion,  selected Chairman of the Board for the         year 2000.  Correspondence, documents, resolutions, ordinances, should  be prepared as follows  effective 1/1/2000:

 

                        Wm. L. McDowell, Chairman

                        William F. Thorn, Member

                        Mike Shelton, Member

 

Hiring Requests & Personnel Actions

 

After presentation and summary by Dick Toft, Human Resources Director, the Board by unanimous motion, approved the following personnel action authorizations:

 

PAA  #            Description                                             Action                           Eff. Date

119/99         Pub. Health Nurse III  .75 fte                      Increase in Hours           11/8/99

120/99         Pub. Health Nurse   .5 fte                            Increase in Hours           11/8/99

121/99         Pub. Health Nurse .75 fte                            Reduction in Hours        11/8/99

122/99        Licensing-Camano  .4 fte                              Replacement                 11/8/99

112/99        Off Mgr.-Engineering                                   Replacement                 11/8/99

118/99        Planning Manager                                        Replacement                 11/8/99

 

HEALTH CONTRACTS APPROVED

 

By unanimous motion, the Board approved the following two health-related contracts:

 

§        Contract between Island County and the State of Washington, Department of Social & Health Services, Division of Vocational Rehabilitation, Interagency Agreement # HS-10-99 in the amount of  $8230.00.

 

§        Contract Amendment 1 to contract #HS-06-99 between Island County and Island Employment Services, in the amount of $110,371.00.   

 

Signature on Contract between Lucent Technologies Inc. And Island County for Phone Switch Purchase, #RM-CENT-99-0083

 

Cathy Caryl, Director, Central Services, presented for the Board’s approval a contract for the purchase of phone switch.  She confirmed having gone through the contract and determined that all of the licensing contracts are acceptable for the software.  This includes a one year warranty, including software.  Licensing is part of the contract.  There will be a maintenance contract proposed after one year, which will include software. 

 

By unanimous motion,  the Board approved a Contract with  Lucent Technologies Inc.  for Phone Switch Purchase, #RM-CENT-99-0083, in the amount of $147,524.30 plus tax.

 

Becca Bill Lawsuit – Mediator Fee Agreement

 

The Board, by unanimous motion, approved participation in the  Mediator Fee Agreement with Hugh Spitzer associated with the BECCA Bill Lawsuit. 

 

Hearing held:   Resolution #C-143-99, Applying for  Community Development Block Grant for a Community Mental Health Center

 

A Public Hearing was held at 10:15 a.m. before the Board of Island County Commissioners, as scheduled and advertised, for the purpose of considering the adoption of a proposed resolution in the matter of applying for a Community Development Block  Grant (CDBG) for a Community Mental Health Center, and inviting public comment on specific needs within the community for eligible activities under the CDBG program.  This follows the Board of County Commissioners  adoption of Resolution #C-136-99 on October 25, 1999 scheduling this date and time for the hearing. The Board of Island County commissioners based upon some initial discussion believed there were some definite needs within the community that should be addressed in  a public hearing.  A hand-out sheet was provided for those who wanted additional  information on community development block grant programs.

 

Larry Kwarsick,  Public Works/Community Development Director, explained  that general purpose grant funding is available for a variety of categories, including housing, public and community facilities and economic development, but must meet at least one of three National objectives of the program:  (1) principally benefits persons of low income; (2) prevent or eliminate slum blight; or (3) meet urgent community development needs which pose a serious and  immediate threat to the public health or safety.   

 

Victoria L. McCarty, Camano Island, speaking as the President of the Volunteers of the Board of Directors of Community Mental Health, asked for  favorable consideration of the application of  Community Mental Health for this grant.  She explained that for the last 2-1/2 years she heard in CMH Board meetings about the efforts to try to enhance the present building in Island County.  She told the Commissioners that she was even more interested after having followed a client up the stairs of the Mental Health facility in Coupeville, and  wondered if either she or the client would fall to the bottom.  Service  to the client is paramount; the CMH Board wants to make the best possible accommodation particularly for those who have limitations climbing stairs. 

 

Kris Laaninen, Executive Director, Community Mental Health, reviewed the reason for the need to relocate the mental health facility and the process which the CMH Board went through in determining the overall general location and the site search process.  A North Sound Regional Support Network (NSRSN) some 2-1/2 years’ ago in an audit  found CMH out of compliance in terms of ADA requirements.  Aside from the fact the building needed to be “grandfathered” in terms of ADA access issues, NSRSN required there be a paved handicap parking spot.  CMH in working with the County  learned that doing so would create serious drainage  problems and  would have to wait until the Town of Coupeville completed its overall  renovation of the sewer system.   NSRSN stated that CMH should continue to work to alleviate the problem.  An architect for CMH drafted a preliminary proposal to enclose the exterior staircase to create a common interior entrance to allow access to the entire building.  The design was taken to a constructural engineer who ruled out the renovation because the building structure itself could not tolerate such a renovation and believed that  even a moderate earthquake would place occupants of the building at risk. 

            CMH then began to consider alternatives for leasing available space and even considered moving facilities to Oak Harbor.  The most significant problem with that was that the Coupeville location allows central accessibility for all residents of Whidbey Island.  CMH is under a contract requirement obligated to provide core services within 30 miles or 30 minutes of the majority of clients who would use the services.  Moving the facility to Oak Harbor would not remove CMH’s obligation to maintain core services in a building central to Whidbey Island.  Narrowing in on Coupeville, CMH began looking at available real estate and land.  Coupeville was chosen because, in addition to NSRSN requirements, it is close to the Hospital, Courts, Juvenile Services and other key services.    Property was located  adjacent to Service Alternatives in Coupeville, and the site considered highly suitable; zoned for professional activities, close to  key professional components to the community, and within ½ block of the bus stop and close to Whidbey General Hospital.  Upon finding the site, a contractor was secured as a consultant and Rick Almberg worked with them to collaborate with the architect to generate a proposed budget for a  building  which was proposed to be placed on 1 acre of land for which there is already a conditional  use permit.  She pointed to the  architect  drawings posted on the wall:  a very simple rectangular shaped building, a  modest and conservative design, but adequate to fully meet the needs.  Parking would be in the back of the building and the building would face the end of First Street NW; natural plantings would compliment the natural setting in that area.

            CMH Board of Directors allocated $100,000 from capital savings held in reserve for the completion of the project and they are asking for an award of the maximum $750,000 grant to provide the primary foundation of funding.  Remaining funds would come from loans secured through the Washington State Health Care facilities funding, and there is a possibility if the present building can be sold by Island County that there may be a way to use proceeds and  continue utilization of the original Referendum 27 dollars.  CMH is also embarking on a capital campaign seeking major contributions from foundations and corporations in this area. total project cost is estimated to be approximately $800,000; close to $1 million dollars when all is said and done.  The building itself is estimated at $700,000 and the property is $192,000.  CMH acquired the services of a consultant to assist in writing a block grant due on November 19th. 

 

Molly Hoolihan, Oak Harbor, family member of a person with severe and chronic mental illness, President of the Whidbey Island Support and Advocacy Group, and a member of the Board of CMH, was very aware of the CMH Board efforts and the issues pertaining to serving the mentally ill.  She felt  the current building  was not really safe, not comfortable and in pretty shabby condition, and for persons who suffer neuro- biological brain disorder through no fault of their own who have to suffer the indignity of having to be seen in this building is another insult to what they have already been suffering.  These folks deserve parity, along with insurance, as any other real medical problems. 

 

Sally Wyatt, Oak Harbor, a long time client of Island Mental Health, stated that she had seen

the current building deteriorate, and confirmed that the building did not follow ADA Guidelines.  The building is crowded; floors and walls are in pretty bad shape and the back of the building leaks.  She hoped the project would be approved for both staff and clients.

 

Linda Morris, Langley,  stated that for all of the reasons already given, she supported the block grant application.  She thanked staff,  consumers and the advocates of Island Mental Health, as well as Mr. Kwarsick who brought his expertise and proactive involvement to this issue.

 

By unanimous motion, the Board approved Resolution #C-143-99 in the matter of applying for a Community Development Block Grant for Community Mental Health Center.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF APPLYING FOR A                    )

COMMUNITY DEVELOPMENT BLOCK                    )

GRANT FOR A COMMUNITY MENTAL                    )    RESOLUTION C-143-99

HEALTH CENTER                                                      )

 

WHEREAS, Island County is applying to the State Department of Community, Trade and Economic Development for funding assistance;

 

WHEREAS, it is necessary that certain conditions be met as part of the application requirements;

 

WHEREAS, a Public Hearing  was held on November 8, 1999, before the Board of Island County Commissioners to review information about the range of activities that could receive CDBG funding, including community facilities, economic development projects, housing, and public facilities all of which must principally benefit low-to-moderate income citizens and how to propose  projects; to respond to proposals for, and questions about, community development and housing needs in the county; and to inform citizens about identified projects that are county priorities  and applications being considered; and

 

WHEREAS, Island County has established policies in its adopted Growth Management Comprehensive Plan which include the County’s coordination and planning for the provision of public services, and their related facilities, in the most cost effective manner incorporating both the public and private sector; the identification of possible gaps and duplications in the delivery of all social and health  service programs services; and the participation in the planing and decision-making processes of regional health planning agencies to assure efficient delivery of health care services; and

 

WHEREAS, based upon the testimony presented by Community Mental Health Services at the November 8, 1999 public hearing, the Board of Island County Commissioners has determined that the existing community mental health facility is inadequate and out of compliance with ADA requirements, and that a structural analysis of the existing mental health facility has determined that it is not feasible to renovate the existing facility;

 

NOW, THEREFORE, be it resolved that the Board of Island County Commissioners authorizes submission of an application to the State Department of Community, Trade and Economic Development to request $750,000 to construct a new community mental  health  and certifies that, if funded, it:

 

            Will comply with applicable provisions of Title I of the Housing and Community

            Development Act of 1974, as amended, and other applicable state and federal laws;

 

            Has provided opportunities for citizen participation comparable to the state’s requirements   (those described in Section 104(a)(2)(3) of the Housing and Community Development Act            of 1974, as amended); has complied with all public hearing requirements and provided           citizens, especially low-and-moderate-income persons, with reasonable advance notice of,   and the opportunity to present            their views during the assessment of community   development and housing needs,  during the review of available funding and eligible activities, and on the proposed    activities;

 

            Has provided technical assistance to citizens and groups representative of low-and

            moderate-income persons that request assistance in development proposals;

 

            Will provide opportunities for citizens to review and comment on proposed changes

            in the funded project and program performance;

           

            Will not use assessments against properties owned and occupied by low-and-moderate-       income persons or charge user fees to recover the capital costs of CDBG-funded public improvements from low-and-moderate-income owner-occupants;

 

            Will establish a plan to minimize displacement as a result of activities assisted with CDBG   funds; and assist persons actually displaced as a result of such activities, as provided in the   Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as            amended;

 

            Will conduct and administer its program in conformance with Title VI of the Civil Rights     Act of 1964 and the Fair Housing Act, and will affirmatively further fair housing (Title    VIII of the Civil Rights Act of 1968); and

 

            Has adopted (or will adopt) and enforce a policy prohibiting the use of  excessive force by   law enforcement agencies within its jurisdiction against         any individuals engaged in          nonviolent civil rights demonstrations; and has  adopted (or will adopt) and implement a      policy of enforcing applicable state          and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights            demonstration    within its jurisdiction, in accordance with Section 104(1) of the Title I of

            the Housing and Community Development Act of 1974, as amended; and

 

            Will provide, upon request, and prior to any obligation of funds being made, a complete      and accurate CDBG Federal Funds Disclosure Report detailing the required applicant/            grantee information, and as appropriate other government assistance provided or applied for, interested parties and expected sources, and uses of funds.

 

            Island County designates Larry Kwarsick as the authorized Chief Administrative     Official and authorized representative to act in all official matters in connection with this             application and Island County’s participation in the Washington State CDBG Program.

 

Reviewed and Approved this 8th day of November, 1999, after public hearing  which was set by Resolution No. C-136-99.

 

                                                                        Board of County Commissioners

                                                                        Island County, Washington

                                                                        [Mike Shelton, Chairman – absent]

                                                                        Wm. L. McDowell, Member

                                                                        William F. Thorn, Member

ATTEST:  Margaret Rosenkranz,

Clerk of the Board    BICC 99-629

 

Resolution #C-144-99 (R-47-99) – Set winter road closures and

 load restrictions through April 30, 2000

 

As presented and recommended by the Public Works Director, Larry Kwarsick, and Dick Snyder, Construction Engineer, the Board by unanimous motion, approved Resolution #C-144-99 (R-47-99) setting the winter road closures and load restrictions  through April 30, 2000.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF ISLAND COUNTY       )           RESOLUTION NO. C-144-99

ROAD CLOSURES AND LOAD                      )                                              R-47-99

RESTRICTIONS                                                )

 

            WHEREAS, some Island County roads are constructed over relatively thin sub-bases, and sometimes directly over natural soil; and

 

            WHEREAS, Island County roads constructed under aforesaid conditions are very vulnerable to rapid breakup during freezing and thawing periods; and

 

            WHEREAS, the reason for this rapid breakup is because the road base will not adequately drain when frozen.  (Thus, a rapid thawing from the top down – particularly from a rain or rapidly melting snow – results in excess water being trapped in this upper, thin surface layer.  The action of heavily loaded trucks on this saturated, thin layer, can cause the pavement to quickly break up.  This breakup occurs when the thin layer of  saturated soil directly beneath the pavement becomes mushy through repeated pounding by tire impact.  In this mushy condition, the saturated soil provides little, if any, support to the pavement.  Since the soil below is frozen, the moisture cannot drain off.  The mushy soil then starts pumping up through cracks in the pavement, with the ultimate breakup of the pavement.  However, when the full road base thaws uniformly, then the excess moisture can escape and drain off as designed and the road base remains relatively  stable.); and

 

            WHEREAS, reduced weights and speed help prevent the early breakup of roads from conditions as cited above;

 

            THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Island County, Washington, THAT the following notice be published once in a newspaper of general circulation in the County; THAT the wording and intent of same is a part of this Resolution; and THAT the Island County Engineer is hereby duly instructed and ordered to execute the action implied therein.

 

            NOTICE IS HEREBY DULY GIVEN, that, under the authority of Chapter 36.75.270 and 46.44.080, Revised Code of Washington, all Island County roads subject to damage during periods when inclement natural forces are at work, will be closed to all vehicles exceeding the gross weight indicated for each tire size shown in the following tables (when said roads are posted in accordance with Item 4 below), WITH THE EXCLUSION of holders of a special permit from the Island County Engineer authorizing the operators of such vehicles as:  School buses, emergency vehicles, and trucks transporting perishable commodities necessary to the health and welfare of local residents.  (However, under the provision of this notice, in no case shall the gross load exceed the gross loads as set forth in R.C.W.46.44

 

WINTER LOAD RESTRICTIONS

(Same as Washington State Department of Transportation Emergency

Load Restrictions, WAC 468-38-080)

 

            Conventional Tires                                   Tubeless or Special with .5 Marking Tire

Tire Size           Gross Load Each Tire                Tire Size                       Gross Load Each Tire

 

7.00                              1800 lbs.                       8-22.5                           2250 lbs.

7.50                              2250 lbs.                       9-22.5                           2800 lbs.

8.25                              2800 lbs.                       10-22.5                         3400 lbs.

9.00                              3400 lbs.                       11-22.5                         4000 lbs.

10.00                            4000 lbs.                       11-24.5                         4000 lbs.

11.00                            4500 lbs.                       12-22.5                         4500 lbs.

12.00 or over                4500 lbs.                       12-24.5 or over             4500 lbs.

 

EMERGENCY LOAD RESTRICTIONS

(Same as Washington State Department of Transportation Emergency

Load Restrictions, WAC 468-38-080)

 

When a rapid surface thawing over a fully frozen road base occurs (i.e., warm rain over frozen ground, or rapidly melting snow), the Emergency Load Restrictions as cited below shall be immediately imposed as directed by the Island County Engineer.

 

            Conventional Tires                                   Tubeless or Special with .5 Marking Tire

Tire Size           Gross Load Each Tire                Tire Size                       Gross Load Each Tire

 

7.00                              1800 lbs.                       8-22.5                           1800 lbs.

7.50                              1800 lbs.                       9-22.5                           1900 lbs.

8.25                              1900 lbs.                       10-22.5                         2250 lbs.

9.00                              2250 lbs.                       11-22.5                         2750 lbs.

10.00                            2750 lbs.                       11-24.5                         2750 lbs.

11.00 or over                3000 lbs.                       12-22.5 or over             3000 lbs.

 

1)               High pressure pneumatic tires shall have the same rating as set forth in the above tables.

 

2)               No allowance shall be made for any second rear axle that is suspended from the frame of a vehicle independent of the regular driving axle, and commonly known as a “Rigid Tail Axle”.

 

3)               The load distribution on any vehicle shall be such that it will not load the tires on said axle in excess of the prescribed load set forth in this order; provided that a truck, truck tractor, passenger bus or school bus having conventional 10.00 x 20 tires, or larger, may carry a maximum load of 10,000 lbs. on the front axle over any county highway placed under Regular Winter Load Restrictions.

 

4)               Should there be evidence that any truck supplying motive power for any type of trailer is inadequate to handle with safety the specific maximum load for such trailer, the load on the trailer shall be reduced sufficiently to allow said truck and trailer to operate with safety.  Any loading in excess of the specified maximum load will be considered a violation of this order.  Island County roads shall be subject to closure during the effective dates stated below; said closure to be identified by continuous or intermittent posting at such locations upon each road as may be necessary by the Island County Engineer, as conditions require, to protect and maintain the same during each period.

 

THIS ORDER SHALL BECOME effective and be in full force on or after the date of adoption through the 30th day of April 2000, and the foregoing regulations will be rigidly enforced.

 

            ADOPTED this 8th  day of November, 1999.

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

                                                                        [Mike Shelton, Chairman]

                                                                        Wm. L. McDowell, Member

                                                                        William F. Thorn, Member

ATTEST:  Margaret Rosenkranz,

Clerk of the Board     BICC 99-630

 

PURCHASE ORDER  #02638:    Island Asphalt -  Maxwelton Road

 

Dick Snyder presented a request for the Board’s approval of Purchase Order #02638, to   Island Asphalt in the amount of $9,150.00, for a project on  Maxwelton Road to  dig up and patch two  spots.  There have been problems at the intersection for several years and attempt to repair at minimum cost was done the summer of 1998, paving the road from the highway to the intersection with Langley Road.  The temporary repair did not last and the proposal  is to dig that out and repair with new base  and new asphalt on the right hand lane.  Quotes were obtained from three contractors under the Small Works Roster.

 

By unanimous motion, the Board approved Purchase Order #02638 with Island Asphalt.

 

HEARING HELD:    Ordinance #C-119-99 (PLG-032-99)  Amending Chapter 17.03 ICC to Comply with THE  Order of the Western Washington Growth Management Hearings Board: Freeland and Clinton

 

A Public Hearing was held beginning at 10:45 a.m., having been continued from 10/18/99, 10/25/99 and 11/1/99, on Ordinance #C-119-99, PLG-032-99, Amending Chapter 17.03 ICC to Comply with the Order of the Western Washington Growth Management Hearings Board Relating to Freeland and Clinton.

 

Attendance:

            Staff/Consultant:  Keith Dearborn; Phil Bakke; Jeff Tate

            Public:   Charlie Stromberg, Coalition; Mary K. Doody, Press

             [Attendance Sheet GMA #5055]

 

Keith Dearborn explained that no changes were   being recommended in the boundaries established for Freeland and Clinton; both are believed to comply  with the logical outer boundary rules of GMA.   This was a  matter challenged  several weeks ago by the Coalition, and today Jeff Tate  will review the   reasoning used to  establish the logical outer boundaries  for Freeland  and Clinton under GMA.

 

Jeff Tate provided to the Commissioners and Public a copy of his  Memorandum dated 11/8/99 “Subject:   Freeland & Clinton, Coalition’s identified Areas of Concern” consisting of  6 pages and 2 charts, including topics:  history 1997 to date; some of the issues that came up during that time; establishment of the designation criteria; how the designation criteria relates to the language in the RCW; and how the designation criteria relates to these specific RAIDs.  The memo also includes a detailed description of each of the Freeland and Clinton commercial and mixed use RAIDs,  rationale for each change in boundary discussing what sort of development patterns and features exist to create a rationale  for what the RAID boundary is. [GMA doc. #4991].  

 

Maps were posted on the wall similar to what had been presented in the last few months showing the quarter section maps with dots representing  what parcels are developed.  The maps show the RAID boundary, water system boundary, parcels that have been subdivided or developed since July 1, 1990, mixed use Freeland and Clinton RAIDS as well as the Residential Freeland and Clinton RAIDS and identifies several areas where there are special provisions in the Code that restrict development in those areas and it shows some park land and a mobile home park in Freeland. 

 

In 1997 the GMA added the provision that allows the County to recognize areas of more intensive development without designating them as urban growth areas (UGAs).  In November of 1997 the Planning Commission adopted  preliminary criteria for the establishment of some designation criteria to identify non residential, residential and mixed use RAIDS.  December of 1997 the Board adopted the recommendation of the Planning Commission. 

 

Mr. Tate reviewed the  four main criteria set out in  RCW36.70A.070. and how each applies to Freeland and Clinton RAIDS.

 

1.               Preservation of Existing Natural Neighborhoods

 

            Three different types of RAIDs are identified in the Comprehensive Plan:  Residential, Non-Residential and Mixed Use.  Within the designation criteria in the Comp Plan, all three of these types of RAIDs in order to be designated must have existed prior to July 1, 1990.   Additional consideration may be given to parcels that are adjacent to or between existing developed areas providing for some limited amount of infill.  Freeland and Clinton have been recognizable and established areas of more intensive development for several decades.  Both areas have a clearly identified residential area and a clearly identified mixed use or commercial area, thus the approach was taken to create a  Freeland residential RAID and Mixed Use RAID, and the same approach in Clinton because there are two different types of criteria used to establish those RAIDS and beyond designating the RAIDS there are two very different sets of standards for development, scales of intensity and uses allowed in those different RAIDS.

 

2.               Use of Physical Boundaries Such as Bodies of Water, Streets and Highways

                        and Land Forms and Contours.

 

The designation criteria for all three types of RAIDS states that consideration should be given to physical boundaries such as  roads, land forms and contours and water bodies.  The Freeland and Clinton residential and mixed-use RAIDs are located along the shoreline and use this feature for a large portion of their boundary.  Roads were also used as a way to define the boundary in a number of instances in both Freeland and Clinton as a way to distinguish between a difference in parcelization and development patterns on each side of the road.  In the case of Freeland, a large wetland system and a steep hill were also used to define the boundary.

 

3.               Prevention of Abnormally Irregular Boundaries.

 

            The designation criteria for all three types of RAIDs states that consideration should be given to prevent abnormally irregular boundaries.  This criteria was used in Freeland on the south side of the highway as one of the components in defining the RAID boundary.  There are a number of plats that are intermixed with a number of larger 5 and 10 acre parcels.  Drawing the boundary to only recognize these plats would create a meandering irregular boundary.  In Clinton, this criteria was partially used on the south end of the RAID along the west side of the boundary.  The boundary follows Humphrey Road rather than following the plat lines which would create  an abnormal irregular boundary.

 

4.               Ability to Provide Public Facilities and Services in a Manner That does not