ISLAND COUNTY COMMISSIONERS - MINUTES OF MEETING

REGULAR SESSION - MARCH 20, 2000

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on March 20, 2000 beginning at 9:30 a.m., Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with Wm. L. McDowell,. Chairman, William F. Thorn, member and Mike Shelton, Member, present.

VOUCHERS AND PAYMENT OF BILLS

The following vouchers/warrants were approved for payment by unanimous motion of the Board:

Voucher (War.) . . . . . . . . . . . . . . . . . . . . . . . . . . .#70913 - 71156 $211,873.18.

Hiring Requests & Personnel Actions

As presented by Dick Toft, Human Resource Director, the Board by unanimous motion approved the following Personnel Action Authorization for the Public Works Department:

PAA # Position Action Eff. Date

040/00 S. W. Att II, 20 hr. wk. #2248.03 Replacement 3/20/00

Appointments/Re-appointments

The following appointments were made by unanimous motion of the Board:

Keystone Ferry Advisory Committee

Bill Skubi, Coupeville, refilling vacancy left on resignation of Elizabeth Galloway, for a term to expire August 31, 2004.

Central/South Whidbey Watershed Management Advisory Committee

James “Kelly” Williams, Langley, filling vacancy on resignation of Bill Steiner

Freeland Planning Committee

Nolan A. “Rocky” Knickerbocker to fill the vacancy left by the untimely death of Steve Schrecengost

Commissioner Shelton elaborated on his nomination of Mr. Knickerbocker inasmuch as the Committee forwarded two names, Herb Hunt, Jr. and Nolan A. “Rocky” Knickerbocker, and expressed no preference. His nomination of Mr. Knickerbocker was based on the fact that he lives within the planing area which is something missing on the existing committee to some degree. Also important to note Mr. Knickerbocker is one of the elected commissioners for Freeland Water District, and it is the County’s hope that the connection achieved between those organizations responsible for infrastructure would include the Freeland Water District.

Claim for Damages, R00-003CD, Puget Sound Energy

Betty Kemp, Director, GSA/Risk Management, presented Claim for Damages #R00-003CD submitted by Puget Sound Energy for alleged damage by mower to PSE primary concentric riser in the amount of $1,368.96. On investigation it was determined that Island County had no work crew in this area during this time frame, Ms. Kemp recommended the Board deny the claim.

Based on the recommendation of the Risk Manager after investigation with the Public Works Department, the Board by unanimous motion, denied the claim.

CONTRACTS APPROVED

In each case, the Board adopted a unanimous motion to approve the following contracts:

Hearing Examiner Contract between Island County and Michael Bobbink, Contract #RM-PLAN-00-

0029, approved for a two year period, effective 4/1/00, for total contract Amount of $89,370.

State and Local Assistance Contract with Washington State Military Department Military Depart-ment, Contract #EM010189 (#RM-GSA-00-0024) in the amount of $11,868 for Island County Emergency Services

Interlocal Agreement for Detention Services with Snohomish County Contract #RM-JUV-00-0020, for a one year period not to exceed $4,000 based on $129.00 per day and $64.50 for half day.

Agreement for Maintenance of Computer Software with TEC Services, Contract #RM-CENT-0021[real property taxation system maintenance] for a one year contract in an amount up to $47,600

DSHS, Developmental Disabilities, DDD Interagency Work Order Amendment 1, #RM-HLTH-99-0054, in the amount of $63,000 [$45,000 Empowerment Grant; $18,000 transfer from Snohomish County]

Center for Community Support, HS-08-99(2) #RM-HLTH-98-1004, the amount of %5400 transferred from Snohomish County to provide services to four Developmentally Disabled individuals who moved from Snohomish County to Camano Island

Contract: HD-01-00, between Island County and The Opportunity Council, for Childcare Consultation Services by a public health nurse, in the amount of $7,800.00, the Board of Health having approved the contract on 2/28/00.

HEARING SCHEDULED: Ordinance #C-23-00 - Amendments to Provide for Procurement of Electronic Data Processing and Telecommunication Equipment, Software and Services

On presentation by Cathy Caryl, Central Services Director, the Board by unanimous motion scheduled a public hearing to be held on April 10, 2000 at 9:50 a.m. to consider Ordinance #C-23-00 adopting Amendments to Provide for Procurement of Electronic Data Processing and Telecommunication Equipment, Software and Services.

Resolution #C-24-00 (R-09-00), Emergency closure, portion of Doeskin Court, Plat of Maple Grove Beach, 1^st Addn., Div. # 3, CAMANO Island

Larry Kwarsick, Public Works Director, presented a proposed resolution for the emergency closure of a portion of Doeskin Court in the Plat of Maple Grove Beach, 1^st Addition, Division # 3, Sec 23, Twp 32N., R 2E, Camano Island, until repairs have been made and the road determined safe. Four homes are involved; one would have access and the other three would have only pedestrian access.

By unanimous motion, the Board adopted Resolution #C-24-00 (R-09-00) – Emergency closure of a portion of Doeskin Court in the Plat of Maple Grove Beach, 1^st Addition, Division # 3, Section 23, TWP 32N, Range 2E.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF EMERGENCY ROAD )

CLOSURE OF A PORTION OF DOESKIN ) RESOLUTION C-24-00

COURT AT MILE POST 0.05 TO MILE POST ) R-09-00

0.08 IN THE PLAT OF MAPLE GROVE BEACH, )

1^ST ADDN, DIV. NO. 2, SEC 23, TWP 32N., R 2E )

WHEREAS, RCW 47.48.010 authorizes local governments to restrict vehicular traffic whenever the condition of such road is dangerous to the traveling public; and

WHEREAS, an emergency exists, caused by the vertical dropping of the embankment section of Maple Grove Road that started on January 22, 2000; and

WHEREAS, the county road crews have protected the failing roadway by covering the cracked pavement with plastic sheeting and barricaded the roadway; and

WHEREAS, on or about January 24, 2000, said roadway dropped another 0.5 feet vertically, blocking all vehicle passage; and

WHEREAS, on 7 February 2000 the Board of Island County Commissioners closed a portion of Maple Grove Road through Resolution R-06-00 to ensure the safety of the traveling public; and

WHEREAS, a portion of Doeskin Court also needs to be closed to ensure the safety of the traveling public; and

WHEREAS, the Board of Island County Commissioners has determined that additional road failure due to saturated soil conditions and subsequent rain that could cause another subsidence of greater proportions; and

WHEREAS, the Board believes that an emergency road closure is necessary until the landslide threat has passed; and

WHEREAS, the closure of county roads for safety reasons is a function of police power properly exerciseable by the Board of County Commissioners; NOW, THEREFORE,

BE IT HEREBY RESOLVED by the Board of Island County Commissioners that the following road is closed to vehicular traffic:

Doeskin Court, from its intersection with Maple Grove Road, at Mile Post 0.05 westward to Mile Post 0.08, Section 23, T32N, R2E

The above roadway will be closed to vehicular traffic effective March 28, 2000, until such time as repairs can be made and it is determined to be safe for use by vehicular traffic.

ADOPTED this 20^th day of March, 2000

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

Wm. L. McDowell, Chairman

William F. Thorn, Member

Mike Shelton, Member

ATTEST: MARGARET ROSENKRANZ,

Clerk of the Board BICC 00-175

Resolution #C-25-00 (R-10-00) – Approving Specifications and Authorizing

Call for Bids for Traffic Control Signs

The Board approved, on unanimous motion, Resolution #C-25-00 (R-10-00) Approving Specifications and Authorizing Call for Bids 4/18/00 for Traffic Control Signs for Whidbey Island and Camano Island.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF APPROVING }

SPECIFICATIONS & AUTHORIZING } RESOLUTION #C-25-00

CALL FOR BIDS FOR: FURNISHING }

TRAFFIC CONTROL SIGNS } RESOLUTION #R-10-00C

WHEREAS, sufficient funds are available in the ROAD/E.R.& R. FUND for the purchase of:

TRAFFIC CONTROL SIGNS for a minimum period of two years with two-one year extensions for Whidbey Island and Camano Island, Island County, Washington

NOW, THEREFORE, BE IT HEREBY RESOLVED that Attachment A, Specifications, is approved as written, and the County Engineer is authorized and directed to call for bids for furnishing Island County with said supplies; BID OPENING to be the 18^th of April, 2000 at 10:30 a.m., in Conference Room #3, 1 N.E. 6^th Street, Coupeville, Washington.

ADOPTED this 20^th day of March, 2000.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

WM. L. McDOWELL, Chairman

WILLIAM F. THORN, Member

MIKE SHELTON, Member

ATTEST: Margaret Rosenkranz

Clerk of the Board BICC 00-176

RESOLUTION #C-26-00 (R-11-00) – ATTORNEYS TO SERVE AS SPECIAL COUNSEL IN CONNECTION WITH ISSUANCE OF BONDS, DEVELOPMENT OF PUBLIC UTILITIES, SOLID WASTE CONTRACTING AND ON-CALL SERVICES

Relating to issuance of bonds, development and formation of public utilities, solid waste contracting and on-call services, Mr. Kwarsick presented and recommended approval of a resolution to employ Foster, Pepper and Schefelman, PLLC, Seattle, to serve as special counsel, Contract #RM-002010. The contract has been reviewed by the Risk Manager and Prosecutor’s Office, and presented to the presiding Superior Court Judges as required and signed. Foster, Pepper and Schefelman were attorneys previously hired to develop the County’s special and complicated long-term contract on solid waste services and continue to provide support for administration of that contract. These attorneys assisted the County in development of the Marshal Storm and Surface Water Utility and also provided special bond counsel services when the County initiated bond indebtedness programs and have special expertise with regard to the County’s capital facility program.

With respect to the hourly rate stipulated in Exhibit A, Scope of Work, $260.00 and $200.00, Chairman McDowell made the observation that hourly rate was well above what was proposed in another legal service contract the Superior Court Judges turned down as being too expensive. And Commissioner Thorn noted apparently the Judges did not disapprove of $260.00 per hour in principal.

As far as the implied bonding of the juvenile detention facility, Commissioner Thorn was not supportive of that at this point in time from what he knows about the dollar figures. Mr. Kwarsick confirmed that, along with some other capital issues were included, that still remain unfunded for Coupeville Courthouse improvements, but in no way does it commit to that.

By unanimous motion, the Board adopted Resolution #C-26-00 (R-11-00) in the matter of employing attorneys to serve as special counsel in connection with issuance of bonds, development of public utilities, solid waste contracting and on-call services, and expressly waive the competitive procurement by competitive solicitation under Island County Code ICC 2.29.030(L).

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF EMPLOYING ATTORNEYS )

TO SERVE AS SPECIAL COUNSEL IN )

CONNECTION WITH ISSUANCE OF BONDS, ) RESOLUTION C-26-00

THE DEVELOPMENT OF PUBLIC UTILITIES, ) R-11-00

SOLID WASTE CONTRACTING AND )

ON-CALL SERVICES )

WHEREAS, it is necessary and in the best interests of the County and its inhabitants that the County obtain specialized attorney services relating to issuance of bonds, development and formation of public utilities, solid waste contracting and on-call services; and

WHEREAS, the County is engaged in the following projects needing such services: Task 1 – Public Utility Formation and Specialized Solid Waste Legal Services and Task 2 - bond counsel services for financing the completion of construction of the of Island County Law and Justice Facility, the renovation of the Courthouse and Annex Facilities, the construction of a Juvenile Detention Facility and bond counsel certifications on Centennial Clean Water Fund and other loans from Washington State; NOW, THEREFORE,

BE IT RESOLVED by the Board of County Commissioners of Island County, Washington, as follows:

Section 1. The law firm of Foster Pepper & Shefelman, PLLC, of Seattle, Washington, is employed by the County as special counsel relating to issuance of bonds, development and formation of public utilities, solid waste contracting and on-call services as detailed on attached Exhibit A. Compensation to be paid by the County shall not exceed $25,000 for each of the two tasks without authorization by another resolution.

Section 2. Any actions previously taken by officers or employees of the County and consistent with the provisions this resolution are hereby ratified and confirmed.

ADOPTED this 20^th day of March, 2000.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William L. McDowell, Chairman

Attest: William F. Thorn, Member

Margaret Rosenkranz Mike Shelton, Member

Clerk of the Board

BICC 00-177

Agreement to furnish attorney services approved by Foster Pepper & Shefelman, PLLC this 13^th day of March, 2000.

Peter Ehrlichman

Member, Executive Committee

Contract Approved:

Vickie I. Churchill

Presiding Judge

Island County Superior Court

EXHIBIT A

SCOPE OF WORK

Foster Pepper & Shefelman PLLC (“Special Counsel”) will provide legal services to the County as requested relating to issuance of bonds, development and formation of public utilities, solid waste contracting and on-call services. These services may include, but are not limited to the following:

Task #1 – Utilities - Surface Water, Septage, Sewer, Water and Solid Waste:

· Advise the County on state law issues relating to utilities and related matters.

· Advise and represent the County on contract issues relating to utilities.

· Prepare implementing regulations, Interlocal agreements, and review proposed rate structures.

· Negotiate, draft, and review existing and new contracts and/or amendments thereto, as necessary.

· Brief County commissioners and other officials, as necessary.

Standard hourly rate is between $140 and $260

Estimated Cost - $25,000

Task #2 - Bond Counsel:

· Assist in procuring and preparing security instruments and other documents related to carrying out the contracts, including grants and loans.

· Brief County commissioners and other officials, as necessary.

· Perform such other tasks as are requested by the County.

Estimated Cost - $25,000

Special Counsel will perform such services at the following rates:

Steve Dijulio $260.00/hour

Grover Cleveland $200.00/hour

Kyle Branum $140.00/hour

RESOLUTION INITIATING PUBLIC WORKS PROJECT AND approving Contract and Notice to Proceed WITH Law and Justice Facility, COURTHOUSE EXPANSION AND IMPROVEMENT PROJECT PHASE 1B

Mr. Kwarsick next presented a resolution to initiate project PWP-01-00, Work Order #301, Contract and Notice to Proceed with the Law and Justice Facility, Courthouse Expansion and Improvement Project, Phase 1B, and recommended the Board execute the contract with Haskell Corporation, Bellingham, successful bidder, and provide Notice to Proceed. The total budget appropriation for the project is $5,444,334.00 including sales tax and contingencies. The funds are currently available and allocated to the project. Review by the Deputy Prosecuting Attorney and Risk Manager occurred as part of the contract review for the bid package. One of the best demonstrations of cost containment is the results of the bids, based upon well thought out and well presented plan by the Architect. Team effort will be to minimize change orders. Furniture is not a part of this, but is a budgeted item. The commitment the Board made to go through a bonafide comprehensive community-involved planning program is really what led to the project’s success.

By unanimous motion, the Board approved Resolution #C-27-00 (R-12-00) initiating Public Works Project PW-01-00 under Work Order #301, and approved the Contract and Notice to Proceed between Island County and Haskell Corporation for the construction of the Law & Justice Facility.

Amendment #3-Standard Form of Agreement Between Island County

and Bryan Young, P.C., Architects and Planners

The Board, by unanimous motion, approved Amendment No. 3 to the existing Agreement between Island County and Bryan Young, P.C., Architects and Planners, a scheduled CPI adjustment to the compensation for basic services according to contract language, resulting in an increase in compensation of $64,933.

FINANCIAL REPORTS

Auditor Monthly Review of Revenues and Expenditures

Suzanne Sinclair, Island County Auditor, elaborated on her 3/9/00 financial report for the period ending February, 2000 [copy on file]. The only issue of note she referenced was on the page of her report related to revenues for other funds listing three categories going to criminal justice purposes: the first 1/10^th of 1% criminal justice sales tax, a portion of which goes to support patrol services; criminal justice fund which is funded from state dollars and M-VET dollars for general criminal justice type purposes; and a juvenile detention facility budgeted for 906,500 [with $490,000 estimated to be collected from the sales tax and included in that amount is a beginning fund balance of $296,500 and grants of $120,000]. The Auditor’s Report shows under Sales Tax Equalization the budgeted amount of $294, 000 but having only received $71,000. The Budget Director will check to see if there will be another payment forthcoming. Other “flags” would be those budgets that are over the percent they should be this time of year, 16.7%.

Treasurer: Current & YTD Cash Report; County Investment Report & Status

Although the Treasurer did not attend the meeting, she did submit a Current Expense Cash Report for the period ending February, 2000, under Memorandum dated 3/11/00 received on 3/13/00 [copy on file]. No investment report was provided.

An issue of concern was discussed by the Board related to previous correspondence [May 27, 1999; June 2, 1999; and June 7, 1999] from the County’s Chief Civil Deputy Prosecuting Attorney having to do with County Finance Committee responsibility. The County Finance Committee is composed of the Chairman of the Board of County Commissioners, the Treasurer and the Auditor, and the according to Mr. Jamieson, the Treasurer simply giving a financial report to the Board at a Board of County Commissioners meeting is not a substitute for a meeting of the finance committee. The Treasurer apparently disagrees and has not called any meetings of the County Finance Committee believing that the presentation of the Treasurer’s monthly financial and investment reports in the presence of the Finance Committee was sufficient and complies with the requirements. The Board directed the Chairman send a memorandum to the Treasurer requesting that she convene the County Finance Committee in accordance with the RCWs [RCW 36.29.020; 36.33.190; 36.48.070; and 42.17.245].

HEARING HELD: Ordinance #C-118-99 (PLG-001-99), Amending Chapter 17.03 ICC regarding Communication Towers

A hearing was held beginning at 1:30 p.m., continued from 12/13/99, 2/7/00 and 3/6/00 on Ordinance #C-118-99 (PLG-001-99), Amending Chapter 17.03 ICC regarding Communication Towers, also having been the subject at staff sessions held on 3/1/00 and 2/23/00. The matter was forwarded to the Board from the Planning Commission. At the last hearing, the Board continued the hearing to this date and time, and directed that Mr. Bakke make the changes the Board agreed to, and that the next hearing the only topic open for further public comment would be the 1/3 – 2/3 ratio issue.

Attendance:

Public: 7 Attendance Sheet GMA doc. #

Staff: Phil Bakke

Handouts:

Amendment #2 – dated 3/17/00 0, Exhibit A - Communication Towers 17.03.180.L.8 and 17.03.040 Definitions; and Exhibit C –Findings of Fact and Legislative Intent GMA doc. #________

Correspondence since last hearing received by the Commissioners

3/1/8/00 e-mail Robert Kenny, Langley GMA doc. #________

3/20/00 e-mail Rich Melaas, NAS Whidbey GMA doc. #________

Record Documents

GMA doc. #5596 - Staff Notebook on communication towers

Mr. Bakke reviewed the proposed changes contained in Amendment No. 2. Changes are shown in bold italics, most technical in nature, resulting from hearings and comments from members of the public and industry, summarizing:

Page 6, Item g. Proposed language: Average tree height shall equal two-thirds of the overall height of the tower. This means there is a two part test: the first is that the communication facility not exceed 45’ above the average tree height; second, that the average tree height needs to count for coverage of 2/3 of the facility proposed (example 90’ communication facility the average tree height would need to be 60’ [whichever is less 45’ or 2/3]). A cellular communication tower located in an open field where there are no trees within a 150’ diameter would not be permitted in the County. A tower would have to be located in an area where there are existing tree growth which can be preserved. Where a piece of property may not have a dense tree growth County will require that that facility employ concealment technology.

Page 9, p.(iii) Rich Melaas, NAS Whidbey, has had an opportunity to review the requirement for the 7460-1 Airspace Form be completed prior to county review of projects, and offered comment that the County should not require that prior to application approval if the facility is not within 5 miles of an airport.

Page 8, item m) added, on request of the Coalition and Commissioner Thorn to acknowledge the bird hazard issue added a sentence: “Unless otherwise required by Federal or State authorities tower mounted lights shall be intermittent rather than steady.”. Section l) reworded as a result of adoption of a County sign and lighting ordinance so provisions related to ground based lighting standards for communication towers was removed and now references the lighting standards.

Page 10, new item vii: “Carriers shall employ bird warning devices on all facilities extending above the average tree height. Applications shall include specifications of such devices including proposed mounting locations.”.

Added Finding 257.d to Exhibit C: “Applicants who have pending applications at the time of the adoption of this ordinance should be given the opportunity to choose to apply all the standards provided in the Communication Towers Ordinance ”.

Technical corrections:

Page 4, item c. Since it is the intent of the County that roof-mounted wireless communication antenna arrays be permitted in all zones, the end of the first sentence needs to be rewritten to read: “…decision pursuant to Section 16.19 ICC in all zones.”.

Page 5, item (ii) (2) Rewritten to say: “Facilities located in all other zones…” . Item (iii) Last sentence revised to reflect intent: If the project meets these standards it shall be processed as a Type I Applicant pursuant to Chapter 16.19 ICC in all zones.

Page 10, vii. Rewrite to begin the sentence: Carriers shall employ bird warning devices/flight deverters “.

PUBLIC COMMENTS

Bill Monroe, representing U.S. We