ISLAND COUNTY COMMISSIONERS -  MINUTES  OF MEETING

REGULAR & SPECIAL SESSIONS -   FEBRUARY 28, 2000

 

SPECIAL SESSION

 

The Board of Island County Commissioners  met in Special Session on Monday, February 28,  2000,   at  9:30 a.m.,  prior to the Regular Board meeting at 11:30 a.m. for the Elected Officials Roundtable.  The  purpose of the Special Session was  to allow the Board to meet in  Executive Session with   legal counsel to discuss pending and/or potential  litigation, as allowed under R.C.W. 42.30.110 (1) (i).   The Special Session was  held in the Office of the County Commissioners, 502 N. Main Street, Coupeville, Wa., and lasted approximately 1-1/2 hours.    No announcement was made on conclusion of the session. 

 

REGULAR MEETING

 

The  Regular Meeting of the Board of Island County Commissioners was held on February 28, 2000, beginning at 11:30 a.m. with  the monthly  Roundtable with Elected Officials,  followed by other  meeting items as listed on the Agenda beginning at 1:30 p.m., including Diking Improvement District #4.     The meeting  was held in the  Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with  Wm. L. McDowell,  Chairman;   William F.  Thorn, Member, and Mike Shelton, Member,  present. 

 

Roundtable Meeting with Island County Elected Officials

 

Attendance:     Elected Officials: Greg Banks, Robert Bishop; Marilee Black; Mike Hawley;   Suzanne                               Sinclair; Maxine Sauter 

Others:  Margaret Rosenkranz

 

Budget Constraints.   Discussed continuing concern about County budget and the   impacts of  695 and

county departments prioritization of  functions and duties, working with a figure of 5% reduction  [still a fair target for reduction for only for  2001].  Should the County receive funding to backfill to some degree what was lost through 695,  it remains important that departments  project forward inasmuch as there are  on-going expenses [see Memorandum 2/18/00 from Chairman McDowell].  For every year that passes, there are built in costs, i.e.  labor contract costs and increased medical premiums, without foreseeable increases on the revenue side.  WSAC Legislative Steering Committee information shows a  combined  total loss by the year 2004 under 695 of  5-1/2 million  (Island County, Coupeville, Oak Harbor, Langley  and Island Transit based on 2000).

 

Technology Committee     Technology  Advisory Committee has held two meetings and is beginning to look at how we are doing business and  how technology can impact that.  The next meeting is this Friday.   The group is starting to draw a  conceptual bubble chart between offices and eventually a drawing will come forth from that to indicate where we can see some additional  technological benefit from programs and hardware changes. 

 

Telephone System.  There continue to be some frustrations with the new phone system.   Central Services believes problems can be corrected, certain  there is nothing  that cannot be fixed.  Cathy Caryl  sent out an e-mail Wednesday asking to be made aware of any problems that departments  may continue to have, or questions about phone configurations, noting the system is versatile  and most likely could be customized to department specifications.  E-911 calls  from the Island County Courthouse remain a problem after hours because the call  goes to I-COM  with only an Island County Courthouse location and the call could be coming from any one of the buildings.    The Sheriff has discussed this issue with the Safety Committee and Cathy Caryl priced out a fix.  The Sheriff will bring this issue forward for at his next staff session with the Board.

 

            Roundtable adjourned at Noon; next  roundtable  3/27/00  @ 11:30 a.m.

 

MINUTES APPROVED

 

By unanimous motion, the Board approved and signed the following minutes:  February 7, 2000 Regular Session; February 9, 2000 Special Session; and February 14, 2000 Regular Session.

 

VOUCHERS AND PAYMENT OF BILLS

 

The following vouchers/warrants were approved for payment by unanimous motion of the Board:  Voucher/Warrants #69338 – #69719……………..…………………..$ 416,518.57.

 

Veterans Assistance Fund: [emergency financial assistance to certain eligible  veterans; the names and specific circumstances are maintained confidential]. 

            Claim V2K-1 approved in the amount of $1,851.49

            Claim V2k-2  approved in the amount of $1,325.00

 

 SECOND ALTERNATE ON I-COM BOARD OF DIRECTORS APPOINTED

 

The Board, by unanimous motion, appointed Dick Toft, Oak Harbor, to serve as the second alternate to Wm. L. McDowell on the I-COM Board of Directors [Island County Emergency Services Communications Center].  The I-COM Board of Directors meets the first Monday of each month at 3:00 p.m. when often times neither Commissioner  McDowell nor Commissioner Thorn can attend.

 

Contract #RM-BOC-00-0022, Agreement for Consulting Services between Island County and Keith Dearborn, LLC

 

The Board, by unanimous motion, ratified its action taken at  Staff Session 2/23/00 approving and authorizing  the Chairman’s signature on Contract #RM-BOC-00-0022, Agreement for Consulting Services between Island County and Keith Dearborn, LLC.

 

Additionally,  the Board by unanimous motion authorized the Chairman’s signature on Declaration to be  filed with the Western Washington Growth Management Hearings Board verifying that the Board executed a contract with Mr. Dearborn to assist the County  in completing actions  needed to comply with the Growth Management Act, and pursuant to the contract, Mr. Dearborn is the duly authorized representative of the County for any compliance proceedings before the Western Washington Growth Management Hearings Board  [GMA doc. #5514]. 

 

CONTRACT #HS-13-99 -  Community Mental Health Services

 

The Board, by unanimous motion, approved and signed Contract #HS-13-99 between   Island County and Community Mental Health Services in the amount of  $82,750.

 

Staff Session Schedule – March, 2000

 

The Board authorized the distribution of the Staff Session schedule for March, 2000, outlining regular staff sessions to be held on March 1 and 15, 2000.

 

Resolution #C-17-00 Authorizing Resolution and Interlocal Agreement WITH Stanwood-Camano School District

 

A follow-on to previous discussion  with the Board at various staff sessions, on  presentation by  Lee McFarland, Assistant Director,  GSA, the Board by unanimous motion  approved  Resolution #C-17-00 in the matter of entering into an Interlocal Agreement between the Stanwood-Camano School District No. 401 and Island County Providing for the Construction of Athletic Fields, and approved and signed the Interlocal Park Agreement with the District, agreement #RM-PARK-99-0102, to  provide $64,300.00 to aid in the  construction of athletic fields at two new elementary schools on Camano Island.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

 In The Matter of Entering Into An Interlocal Agreement     )                    

Between The Stanwood-Camano School District No. 401 )            Resolution No: C-17-00

and Island County Providing For The Construction of      )         

Athletic Fields                                                                     )

 

WHEREAS, the County desires to provide funding to aid in this project; and

 

WHEREAS, the District has agreed they are responsible for the operation, scheduling and maintenance of the athletic fields following construction: NOW THEREFORE

 

BE IT HEREBY RESOLVED, by the Board of County Commissioners of Island County, Washington, that the County is authorized to enter into an Interlocal Agreement with the Stanwood-Camano School District No. 401.

 

Adopted this 28th day of February 2000.

                                                           

                                                                      BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

                                                                                                Wm. L. McDowell, Chairman

ATTEST:                                                        William F. Thorn, Member

Margaret Rosenkranz,                                      Mike Shelton, Member

Clerk of the Board        BICC 00-109                                                      

HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT AND EARTHQUAKE MITIGATION GRANTS APPROVED

 

As outlined and discussed previously in staff session with the Board by  GSA/Emergency Services Department personnel, the Board by unanimous motion approved grant agreement #EM010162 (RM-GSA-00-0017) Hazardous Materials Emergency Preparedness Grant for $3,000 with a County soft match of $750.00, and  #EM019145 (RM-GSA-00-0016), Earthquake Mitigation Grant for $3000 and a County soft match of $1,500.

 

CONTRACTS FOR 2% HOTEL/MOTEL LODGING TAX REVENUES

 

The Board, by unanimous motion, approved Amendment No. 1 to a Contract for 2% Hotel/Motel Lodging Tax Revenues, Year 1999 Contract  with  South Whidbey Historical Society,   #RM-BOC-99-0028  extending date of completion to no later than December 31, 2000.  The Board also, on unanimous motion  approved a Contract for 2% Hotel/Motel Lodging Tax Revenues Year 2000  with the Freeland Chamber of Commerce, #RM-BOC-00-0010 for the approved amount December 20, 1999, $4,194.00.

 

Hiring Requests & Personnel Actions

 

After presentation by Dick Toft, Human Resource Director, the  Board by unanimous motion approved the following personnel actions, all effective 2/28/00: 

 

Dept.                PAA#   Description/Position #                         Action                         

Pros. Atty         014/00  Leg.Sec/Juv.Ct. #1809.12                      Replacement    

Pros. Atty.        023/00  Leg.Sec.-Felony #1815.01                      Reclassification             

Pros. Atty.        024/00  Leg.Sec.-Sup Ct/Juv #1809.01/02           Reclassification

Pub. Works       019/00  Truck Dr I  #2240.04                             Replacement

Pub. Works       020/00  TruckDr.I  #2240.03                              Replacement

Assessor           021/00  Data Entry/Comp  #113                         Replacement

Commrs.           022/00  DA-Camano PT #608.01                       New Position

 

PUBLIC HEARING:  ORDINANCE #C-11-00 In the Matter of Revision of the Meeting  Date of the Island County Board of Health

 

As introduced on February 7 and set for this date and time, a public hearing was held at 1:45 p.m. to consider Ordinance #C-11-00, In the Matter of Revision of the Meeting  Date of the Island County Board of Health from the fourth Monday of each month at 5:00 p.m., to the third Monday of each month at 5:00 p.m.    No one in the audience at the time commented either for or against the proposed revision  date and time.    By unanimous motion,  the Board adopted Ordinance #C-11-00.

 

BEFORE THE BOARD OF COMMISSIONERS

ISLAND COUNTY, WASHINGTON

 

IN THE MATTER  OF REVISION OF THE                )

MEETING DATE OF THE ISLAND COUNTY            )           Ordinance No. C-11-00

BOARD OF HEALTH                                     )

____________________________________________     )

 

            Whereas, Section 70.05.030 of the Revised Code of Washington (RCW) authorizes the Island County Board of County Commissioners to expand the size and composition of the Island County Board of Health; and

 

            Whereas, The Island County Board of Commissioners desires to assure that the Board of Health meet at a time and place convenient to its members;

 

            Whereas, The Island County Board of Commissioners wishes to revise Ordinance C-132-99 adopted November 8, 1999, and

 

            NOW THEREFORE, BE IT RESOLVED, that the Island County Board of Health shall change its meeting day from the fourth Monday of each month to the third Monday of each month beginning March, 2000.  The meeting time shall remain at 5:00 p.m. in the Island County Commissioners Hearing Room or at other times and places as shall be determined by the Island County Board of Health.

 

            REVIEWED this 7th day of February 2000 and set for public hearing at 1:45 p.m. on the 28th day of February 2000.

                                                                        BOARD OF COMMISSIONERS OF

                                                                        ISLAND COUNTY, WASHINGTON

                                                                        [absent-Wm. L. McDowell, Chairman]

                                                                        William F. Thorn, Member

                                                                        Mike Shelton, Member

BICC 00-57

 

            ADOPTED this 28th day of February,  2000,  to be effective March 1, 2000.

 

                                                                        BOARD OF COMMISSIONERS OF

                                                                        ISLAND COUNTY, WASHINGTON

                                                                        Wm. L. McDowell, Chairman

                                                                        William. F. Thorn, Member

                                                                        Mike Shelton, Member

 

FERRY ADVISORY COMMITTEE REPORT

 

Jack Leengran, Chairman, Clinton Ferry Advisory Committee reported on activities of the  Committee.  Julie Hodson was unable to attend at this time and report on activities associated with the Keystone Ferry Advisory Committee.  The Clinton Ferry Advisory Committee was represented at the rally organized by Ferry Dependent Counties Coalition February 17th in Olympia, along with Mike Shelton.  As far as work on the Clinton dock, it  appears  there will be a half-wood half-concrete dock in Clinton unless some major funding source comes along.  As far as closure of the dock in Mukilteo during construction, there is still debate whether there will be a three week total closure or an 8 week partial closure.    As far as the “pulse” of South Whidbey folks on that issue, a survey was taken resulting in about 50/50 the  3 week total closure versus 8 week partial closure.  His  personal opinion was that a 3 weeks closure would be much easier to take than an 8 week   disruption.  Also, the 3  week closure will give about 2-1/2 times more service to  Edmonds than the 8 week closure, and the 3 week closure will save about $100,000 in total cost. 

 

Access Easement-Saratoga Road Culvert Replacement-Fred Frei

 

As presented and recommended for approval/acceptance by Larry Kwarsick, Public Works Director, the Board by unanimous motion approved Access Easement for the Saratoga Road Culvert Replacement project, Fred Frei the  owner of  parcel 480-4150; Work Order #277, CRP 99-06;  Sec 2, Twp 30N, R 3E.

 

HEARING HELD:   Franchise Application #317(R) – Renewal for existing water distribution system in County right-of-way Walnut Court and a portion of South Camano Drive in the Plat of Jordan Acres submitted by Jordan Acres Water System

 

A Public Hearing was held for the purpose of considering Franchise Application #317(R) – Renewal for existing water distribution system in County right-of-way Walnut Court and a portion of South Camano Drive in the Plat of Jordan Acres submitted by Jordan Acres Water System.  County Engineer, Lew Legat, provided by way of Memorandum dated February 8, 2000, his review and recommendation of approval, confirming  all departments requested to comment had responded with no objection to the proposal and the documents reviewed as to form by the Prosecutor’s Office.  No one in the audience commented either for or against renewal of Franchise #317(R).

 

By unanimous motion, the Board approved Franchise #317R, a 25 year renewal  of an  existing water distribution system  in County R/W Walnut Court and a portion of South Camano Drive in the Plat of Jordan Acres by Jordan Acres Water System, Camano Island. 

 

HEARING HELD:  Franchise Application #316 – Existing water distribution system IN  Lehman Road and  portion of East Camano Drive  -  Driftwood Shores Water System, Inc., CAMANO ISLAND

 

A Public Hearing was held to consider Franchise Application #316 – Existing water distribution system for County right-of-way Lehman Road and a portion of East Camano Drive submitted by the Driftwood Shores Water System, Inc., Camano Island.     The County Engineer’s  Memoran-dum dated February 18, 2000,  recommendation of approval with conditions.    The Health, Plan-ning and Public Works/Community Development departments approved the proposal   with the stipulation that the proposed  water system receive approval form the State Department of Health prior to implementation of any construction activities.  The  Public Works Department  also require documentation reflecting approval  of the water system prior to  issuing the utility permit for construction  purposes.  Documents were reviewed as to form by the Prosecutor’s Office.

 

Tom Freeland, Reichhardt & Ebe Engineering, Bellingham, agent and project engineer for the Applicant, was present in support of the franchise  and to respond to any questions  there may be.   He confirmed that the  recommended conditions  of approval were  acceptable, that being to receive approval from the State Department of Health and a utility permit from the Public Works Department.

 

By unanimous motion, the Board approved Franchise #316 by the  Driftwood Shores Water System, Inc., Camano  Island.

 

AWARD OF BID FOR CULVERT SUPPLIES

 

Based on the County Engineer’s Bid Award Recommendation dated this date and bid cost analysis attached,  the Board by unanimous motion  awarded bid for culvert supplies for the period 2/28/00 to 2/28/01 to the lowest overall bidder,  Washington Culvert Company, Arlington, Wa., for initial stock deliveries, in the amount of $21,725.05; any additional  quantifies needed for the remainder  of the year may be provided by either bidder, Washington  Culvert Company or Hardware Sales. 

 

AWARD OF BID FOR One  new 2000 Truck Cab and Chassis

 

Per receipt of bids on February  14, 2000,  and based on the Engineer’s Bid Award Recommendation dated today with bid cost analysis provided,  the Board awarded bid for one  (1) new 2000 Truck Cab and Chassis  to the lowest overall bidder, Western Truck Parts, Sacramento, Ca., in the amount of  $78,520.16.

 

AWARD OF BID FOR One  new 2000 Excavator/Trackhoe

 

From  bids received on February 14, 2000, Mr. Kwarsick submitted the  Engineer’s Bid Award recommendation today’s date, bid cost analysis provided, for award of bid for one (1) new 2000 Excavator/Trackhoe.  In this case, award is recommended to the lowest overall bidder meeting bid specifications,  Smith Tractor and Equipment Co., Mt. Vernon, Wa., in the amount of $102,989.34, based on Findings of Fact for award of bid to other than the lowest bidder.    The apparent low bidder, Farmers Equipment, Lynden, Wa., failed to include required bid bond.  The next lowest bidder, N. C. Machinery, Tukwilla, Wa., bid an alternate machine that does not fulfill specification requirements.

 

By unanimous motion, the Board awarded bid to Smith Tractor in the amount of $102,989.34,

and approved and signed Findings of Fact to Award Bid to Other than the Lowest Bidder.

 

FINDINGS OF FACT

Award of Bid to Other than Lowest Bidder

Board of Island County Commissioners

Island County, Washington

 

            WHEREAS, as required under RCW 36.32.245, RCW 36.32.250 and RCW 43.19.1911 when low bid is rejected the awarding official, being the Board of Island County Commissioners  must enter written Findings of Facts, based upon the record presented to them justifying rejection of the lowest bid and in favor of the bid that is actually awarded.

 

            THEREFORE, it is the intent of this writing with the following attachments to be entered into record/file as Finding of Facts as justification to award bid to other than low bidder.

 

            REVIEWED, this 28th day of February, 2000 and approved by the Board of Island County Commissioners.

                                                            BOARD OF ISLAND COUNTY COMMISSIONERS

                                                            Island County, Washington

                                                            Wm. L. McDowell, Chairman

                                                            William F. Thorn, Member

                                                            Mike Shelton, Member

           

ATTEST:          Margaret Rosenkranz

                        Clerk of the Board         BICC 00-121

FINDINGS OF FACT

On February 28, 2000, the Board of Island County Commissioners awarded the bid for one new, year 2000 Excavator/Trackhoe with trade-in of equipment #241 to Smith Tractor and Equipment Co., Inc. for the sum of $102,987.33 which includes Washington State Sales Tax and credit for Island County’s trade-in.

 

Although Smith Tractor and Equipment Co., Inc. was not the initial low bidder they were awarded the bid based upon the following “Findings of Fact” pursuant to RCW’s 43.19.1911, 36.32.245 and 36.32.250, attached.

 

Per RCW 36.32.250, no bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier’s check or certified check in an amount equal to five percent of the amount of the bid proposed.

 

Farmers Equipment Company did no provide a bid bond in the amount of five percent in the form of a cashier’s check or certified check as required in Island Counties bid packet under General Provisions, (page 2, item 4) Bid Deposit when the bids were opened.  They had submitted two bids, one as an alternate bid, neither was accompanied with a bid bond, therefore their two bid proposals’ were not considered.

 

In determining the lowest responsible bidder, the agency (Island County) shall consider any preferences provided by law to Washington products and vendors and to RCW 43.19.1911, and 43.19.704 and further may take into consideration the quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of delivery.

 

The second low bidder NC Machinery Co. provided two bid proposals, one of which was an alternate bid.  This alternate bid was the third low bid in line after Farmers Equipment Company’s two bids were disqualified for failure to produce the required bid bond.

 

Upon review of NC Machinery’s alternate bid we found the machine bid, Cat 311B, did not meet our specifications specifically:

 

Page 7; Item 2,d, Engine horsepower rating,

Page 8; Item 7,d, track length;

Page 9, Item 9, Boom and Stick Arm (a through e and h.).

This machine is too small for our purposes.

 

The third low bidder and actually the fourth lowest bid was provided by Smith Tractor and Equipment Co., Inc.  After review of their bid proposal, we determined they were in fact the lowest responsible bidder who complied with our minimum specifications.  Therefore the Board of Island County Commissioners awarded the bid to Smith Tractor and Equipment Co., Inc. based upon the aforestated “Findings of Facts”.

 

Supplemental Agreement No. 1 – to Standard Consultant Agreement No. PW-982061-Bayview Road Improvements

 

The Board approved, by unanimous motion,  Supplemental Agreement No. 1 to Standard  Consultant Agreement No. PW-982061 for the Bayview Road Improvements under  CRP 98-17, Work Order #229, between Island County and   Perteet Engineering, Inc., moving  completion date to June 30, 2001, and increases maximum authorized  expenses by  $33,378 of which $21,500 is for establishment of a  management reserve fund. 

 

CENTENNIAL CLEAN WATER FUND GRANTS APPROVED

 

On presentation by Mr. Kwarsick, along with Julie Buktenica, Watershed Project Manager, the

Board by unanimous motion  approved the following Centennial Clean Water Fund Grants for submittal: 

 

Centennial Clean Water Fund Grant between Island County and the Department of Ecology for the Camano Watershed Program – comprehensive planning.  Anticipated  completion date is December 2003, the DOE share  is $250,000 and  County share $83,333,  for a total project  of  $333,000.    Camano watersheds were ranked #3 for watershed action planning pursuant to WAC 400-12.  Island County has made a commitment to proactive management of non-point pollution by initiating completing and implementing watershed planning on Whidbey Island.

 

Centennial Clean Water Fund Grant between Island County and Department of Ecology for the 

Agricultural BMP Program Review, with anticipated completion date January, 2006.  DOE

share is $185,625; County share $61,875,  for a total project cost of $247,500.  This will provide timely and pertinent information to the County about the Program’s effectiveness in protecting critical areas from impact by agricultural activities and ensure that adjustments to the Program can  be made as needed  and  enforcement  applied where appropriate.  [GMA doc. #5513].

Bond for Release of Retainage – Woodland Beach Road, CRP 98-06

 

As recommended by Mr. Kwarsick,  the Board by unanimous motion approved a bond for release of  retainage by Contractor, BBG Group L.L.C.,  to release cash retainage in the amount of $33,516.06, and in lieu of cash being held, and acceptance of the Retainage Bond in the same amount, associated with the he Woodland Beach Road project under  CRP 98-06.

 

HEARING SCHEDULED:   Ordinance #C-18-00    -  Technical

Amendments to Shoreline Master Program

 

On presentation by Marc Mullin, Associate Planner, Island County Planning Department, the Board by unanimous motion  scheduled a public hearing on  Ordinance #C-18-00 (PLG-004-00) Technical Amendments to Shoreline Master Program, for March 13, 200 at 10:45 a.m.

 

Resolution #C-19-00   COMMENT ON WORKING DRAFT OF THE STATE DEPARTMENT OF ECOLOGY’S STATE MASTER PROGRAM APPROVAL/ AMENDMENT PROCEDURES AND SHORELINE MASTER PROGRAM GUIDELINES

 

As proposed and presented by Mr. Mullin the Board by unanimous  motion approved  Resolution #C-19-00  [PLG-006-00] responding to a request for comment on the working draft of the State DOE’s  State Master Program Approval/Amendment Procedures and Shoreline Master Program Guidelines, with the County’s response  contained in Exhibit A, a  four page letter to  the Department of Ecology signed by Chairman McDowell, and Exhibit B, a copy of Shoreline Master Program Guidelines Executive Summary of Revisions  being considered 12/17/99.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF RESPONDING TO A REQUEST FOR COMMENT ON THE WORKING DRAFT OF THE STATE DEPARTMENT OF ECOLOGY’S STATE MASTER PROGRAM APPROVAL / AMENDMENT PROCEDURES AND SHORELINE MASTER PROGRAM GUIDELINES.

 

)         RESOLUTION C-19-00

)             PLG-006-00

)

)

)

)

)

 

WHEREAS, the State Department of Ecology, in a letter dated December 17, 1999, has requested comments on the working draft rule entitled “State Master Program Approval/ Amendment Procedures and Shoreline Master Program Guidelines”; and

 

WHEREAS, as a result of public comment received by the Department of Ecology, the working draft is a revised version of the first formal draft issued in April of 1999; and

 

WHEREAS, an Executive Summary, dated December 17, 1999, accompanied the draft guidelines that outlines the changes that have been made as a result of the public comment that was received; and

 

WHEREAS, Island County agrees with the policy direction outlined in the Executive Summary, but feels that the policy direction has not yet been fully incorporated into the draft guidelines; and

 

WHEREAS, due to the on-going budgetary constraints related to I-695 and the burden of additional State mandated requirements, tasks, studies, evidence, science and projects that would be required in order to comply with draft guidelines, Island County will not be able to satisfy the goals and requirements of the guidelines without significant financial assistance from the State; and

 

WHEREAS, Island County will not assume responsibility if a taking claim is filed due to a loss of reasonable use of a parcel incurred as a result of implementing these guidelines; and

 

WHEREAS, Island County will not assume responsibility if personal property is damaged or lives harmed as a result of a property owner not being able to adequately protect their homes due to implementation of these guidelines, NOW, THEREFORE,

 

IT IS HEREBY RESOLVED that the Board of Island County Commissioners have reviewed the working draft rule entitled “State Master Program Approval/Amendment Procedures and Shoreline Master Program Guidelines” and offer additional comments attached hereto as Exhibit A. 

IT IS FURTHER RESOLVED that the Board of Island County Commissioners have reviewed the Department of Ecology’s Executive Summary dated December 17, 1999, attached hereto as Exhibit B, and believe that further integration of these revisions into the guidelines is necessary.

 

APPROVED AND ADOPTED this 28th day of February, 2000.

 

BOARD OF COUNTY COMMISSIONERS OF

ISLAND COUNTY, WASHINGTON

Wm. L. McDowell, Chairman

William F. Thorn, Member

Mike Shelton, Member

ATTEST:  Margaret Rosenkranz

Clerk of the Board        BICC 00-127

EXHIBIT A

February 28, 2000

 

SMA Guidelines Update

Washington State Department of Ecology

Shorelands and Environmental Assistance Program

P. O. Box 47600

Olympia, WA  98504-7600

 

RE:  Revisions to Shoreline Master Program Guidelines

 

To Whom It May Concern:

 

The Department of Ecology has requested comments regarding the recent working draft of the “State Master Program Approval/Amendment Procedures and Shoreline Master Program Guide-lines.”  The rule, if adopted, would replace the existing shoreline guidelines (Chapter 173-16 WAC). 

 

Island County offers the following comments regarding the draft Shoreline Master Program Guidelines.

 

Page 25 – Sub-section (ii) states that local government shall be required to conduct an analysis that will inventory current shoreline space and to then calculate future shoreline demands and needs.  If the intent is to require a similar analysis as that which is listed in RCW 36.70A.215, commonly referred to as a buildable lands analysis, this task would be formidable, expensive and extremely limited in its functional use as a planning tool.  While it is recognized that an inventory of current conditions is valuable, projecting future demands and needs of shorelands is an exercise in futility given the number of very broad social, economic, geographic and demographic assumptions that would need to be made.  Furthermore, shorelines are not urban growth areas.  Urban growth areas are assigned zoning and densities in order to encourage growth.  Zoning, densities and boundaries of the urban growth area are modified over time in order to adjust to shifting population trends.  An analysis of future demands along the shoreline should not be used as a means of establishing shoreline environment designations.  Environment designations should be based on existing shoreline conditions.

 

Page 31 – Sub-section (b) Allowing viable use, reads “the master program regulations and the development regulations allow some viable use on all lots or parcels, except where the environmental limitations such as steep slopes or wetlands preclude development.”  The term viable use is new and is not defined.  Is viable use synonymous with reasonable use?  If so, why change the terminology?  If not, it needs to be defined.  Furthermore, as written above, it is clear that if a lot is encumbered by environmental limitations such as steep slopes or wetlands, that “allowing viable use” is not a priority.