Agenda April 7 format

ISLAND COUNTY COMMISSIONERS - MINUTES OF MEETING

REGULAR SESSION - APRIL 3, 2000

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on April 3, 2000, 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, as well as approving the March payroll: Voucher (War.) #71679 - 71873 $250,616.81 [excluding

Voucher #2080259 to R. W. Beck which was held for further review during Staff Session 4/5/00].

Personnel Actions

Personnel Action Authorizations were approved by the Board as follows, as presented and reviewed by Dick Toft, Human Resource Director:

PAA # Description/Position No. Action Eff. Date

043/00 Appraiser Trainee #109.01 Replacement 4/3/00

044/00 Juv. Prob/Parole Counselor #1402.06 New [grant funded] 4/3/00

RESOLUTION #C-31-00: PROCLAMATION-FRIENDS OF THE LIBRARY WEEK

In conjunction with Proclamation issued by Governor Gary Locke proclaiming the week of April 9 through April 16, 2000 Friends of the Library Week in Washington State, and the Sno-Isle Regional Library Board of Trustees like proclamation, the Board by unanimous motion approved Resolution #C-31-00 proclaiming the week of April 9, 2000 Friends of the Library Week in Island County, Washington.

B E F O R E T H E B O A R D OF

I S L A N D C O U N T Y C O M M I S S I O N E R S

Proclamation

In the Matter of Proclaiming THE }

WEEK OF April 9, 2000 FRIENDS OF THE }

LIBRARY WEEK IN ISLAND COUNTY, }

WASHINGTON } RESOLUTION #C-31-00

_______________________________________}

WHEREAS, Friends of the Library groups are community-based groups of citizens who promote, encourage and enhance the work of their local library; and

WHEREAS, in Island County there are five Friends of the Library groups; and

WHEREAS, these groups raise funds annually to enhance the services of local libraries; and

WHEREAS, the members volunteer countless hours of service to their local library; and

WHEREAS, dedicated citizens assist libraries in volunteering time, raising money and communicating the library’s services; and

WHEREAS, Friends of the Library groups are vital to the enhancement of libraries in Island County;

NOW THEREFORE, the Board of Island County Commissioners do hereby proclaim the week of April 9, 2000 as

FRIENDS OF THE LIBRARY WEEK

in Island County, Washington, and urge all citizens to recognize and applaud the invaluable service of the Library Friends groups.

SIGNED this 3^rd day of April, 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

Award of bid - County legal newspaper per R.C.W. 36.72.075

By Memorandum dated March 27, 2000, Suzanne Sinclair, Island County Auditor, advised the Board that 9:00 a.m. that date was the deadline for submission of bids for the County Legal Newspaper. One submission was received, that being from The Whidbey Newspaper Group but providing two bids proposing rates for both the Whidbey News Times and the South Whidbey Record.

Whidbey News Times, Oak Harbor

Circulation: in-county 8,835

Rates: $10.80 per inch first insertion; $9.10 per inch second and additional insertions

The South Whidbey Record, Langley

Circulation: 5,552

Rates: $10.50 per column inch first notice; $8.80 per inch for second and additional insertions.

Should the County choose to run all legal notices in both the South Whidbey Record and the

Whidbey News Times, we would offer a 12% discount on all rates for a combined rate of:

$18.80 per inch for first insertion

$15.75 per inch for second and additional insertions.

By unanimous motion, the Board awarded bid to Whidbey News Times as the official county legal newspaper, and confirmed continuation of past practice that where there are specific geographical issues, to continue to use supplemental advertising in either the South Whidbey Record, Stanwood-Camano News or Coupeville Examiner where appropriate.

The Chairman noted some raise in rate over last year along with reducing the size of column which seemed to be a doubling of the rate and agreed to bring this concern to the attention of the publisher.

EAST CAMANO DRIVE, PHASE #2 – RESOLUTIONS AUTHORIZING PROSECUTING ATTORNEY TO COMMENCE CONDEMNATION PROCEEDINGS

§ Resolution #C-32-00 (R-13-00) – In the Matter of Authorizing the Prosecuting Attorney to Commence Condemnation Proceedings, East Camano Drive, Phase #2, CRP #96-05, WO #208, Parcel 330-0650, Sec.7, Twp 31N, R 3E.

§ Resolution #C-33-00 (R-14-00) – In the Matter of Authorizing the Prosecuting Attorney to Commence Condemnation Proceedings, East Camano Drive, Phase #2, CRP #96-05, WO #208, Parcel 279-0660, Sec. 7, Twp 31N, R 3E

Larry Kwarsick, Public Works Director, asked the Board to initiate and authorize commencement of condemnation proceedings in association with East Camano Drive, Phase II project, work order #208, CRP 9-05. His opinion was that most of the issues holding up progress with regard to settlement in terms of right of way acquisition do not relate specifically to the value of the property and appraised value, rather primarily relate to issues in terms of the nature of the project itself and modifications to the project being asked by two property owners. He confirmed County compliance with statutory requirements in terms of appraisals review of appraisals and negotiations and made three offers but unable to settle.

Rudy Hoffman, 4446 Central Avenue, Riverside, Ca. 92506, [property relates to Resolution #C-33-00) is one of the property owners who refused the County’s offer. His main concerns are:

§ His property is a designated wetland. A biological impact study has been done on his property [copy submitted for the record dated March 31, 2000 by HYDRO TERRA Biological Services, Arlington, Wa.]. The reports shows two water tables, one 12” under the ground, the other 24”. If the hill is cut into, the hill will collapse; the hill sits on clay tables which will slide.

§ The County plans to move the centerline of the street 6.5’ into his hill along with a bike path and drainage ditch, and will dump that sediment into the drainage ditch flowing year around, and dump that into the tide flats and wetlands at the end of Port Suzan.

§ No geological studies of the property have been done by the County; no one from the County has

walked the property. His house sits on a 30 degree incline hill and he sees no need to jeopardize what he is building. All he asked was that a retaining wall be put in as is the case with the ten properties above. DOT has indicated to him that $40,000 per retaining wall was a gross exaggeration.

§ He is aware of what exists in the hill to the north of him and when cutting into the hill and take 20’ of trees, it will create a problem. The approximate setback of his construction is about 180’ East Camano Drive. He clarified he had gotten the direction that he was speaking of south rather than north . He confirmed he was prepared to go to court.

Lew Legat, County Engineer, showed by locating on a map posted during the presentation, the location of Mr. Hoffman’s property and another parcel being considered today [Newman]. He pointed out the area to the south where the County is installing some retaining walls because houses are in close proximity to the roadway and a number of drainfields close to the right of way line. Mr. Hoffman’s house is a ways back from the right of way. The County’s consultant looked at the soils in the area and the County received a recommendation to use 1 to 1-1/2 slopes in this area. Staff and Consultant do not believe there are any designated wetlands on the property, though there may be some wet areas.

Mr. Kwarsick confirmed recommendation of the consultant engineers that plans as presented are adequate and consistent with what has been done in the past. Mr. Hoffman is correct about the County having moved the roadway centerline a little bit to the west, and explained that was due to the proximity of the down slope lots easterly. Mr. Kwarsick’s recommendation was to proceed with the approval of the resolution. The process takes time and there is still opportunity to negotiate and resolve differences of opinion. condemnation. Condemnation is the last thing the Department wants to do.

Mr. Hoffman stated that money was not the issue. He submitted a copy of the report regarding his property for the record: Hydro Terra Biological Services from Arlington, a critical area study for the property of Rudy Hoffman, Auditor’s Tax Account R33107-279-0660. He requested notification by certified mail with respect to any legal action, along with a scheduled time table

Commissioner Thorn agreed that the Board should accept Public Works recommendation, but that the County continue to look at available information Mr. Hoffman may have generated through his contractors and attempt to resolve that if possible. He is aware that this is a dangerous section of road, the project behind schedule at this point.

Mr. Kwarsick added to note this whole East Camano corridor from this point north is one of the few portions of the County’s arterial system that needs to be upgraded in terms of its level of service.

Chairman McDowell observed that it is unusual for the Board to be faced with having to condemn property. He asked Public Works staff to read Mr. Hoffman’s report very carefully and see if there may be any issues missed. It was his hope to be able to work out a solution before going to court. He did agree that with an arterial project such as this one the County must be able to move on it eventually and cannot be held up by just one or two property owners. The request to keep property owners informed he thought was a legal requirement.

Commissioner Thorn commented that if the property owners are going to be represented by counsel the County would need to know who those people are in order to provide due notice. The Board, by unanimous motion, approved Resolution #C-32-00 [R-13-00 in the matter of authorizing the prosecuting attorney to commence condemnation proceeding on East Camano Drive, Phase II, W.O. #208, CRP #96-05, and Resolution #C-33-00 [R-14-00] in the matter of authorizing the Prosecuting Attorney to commence condemnation proceedings, East Camano Drive, Phase II, W.O. #208, CRP #96-05.

BEFORE THE BOARD OF ISLAND COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF AUTHORIZING

THE PROSECUTING ATTORNEY TO

COMMENCE CONDEMNATION PROCEEDINGS, EAST CAMANO DRIVE, PHASE #2

W.O. #208 -- CRP # 96-05

)

RESOLUTION NO. C-32-00

RESOLUTION NO. R-13-00

WHEREAS, the real property described herein is required by the County for immediate project construction of EAST CAMANO DRIVE, PHASE #2, Parcel R33107-279-0660, situated in a portion of the of Section 07, Township North, Range , W.M., Island County Map # 0923; and

WHEREAS, any delay in the County’s road construction program is contrary to the public interest; and

WHEREAS, the County’s offer for purchase of that certain real property described in the following attachment(s) - Exhibit “A” - has been refused by the owner;

NOW, THEREFORE, BE IT RESOLVED that:

1. The above described real property is necessary for public use of Island County, Washington for public road purposes.

2. Time is of the essence and prompt action must be taken to secure the above described real property.

3. The Board of County Commissioners authorizes and directs the Prosecuting Attorney to instigate condemnation procedures in order to acquire and take possession of the above described real estate with assistance from the County Engineer as necessary.

ADOPTED this 3^rd day of April, 2000.

BOARD OF ISLAND COUNTY COMMISSIONERS

WM. L. McDOWELL, Chairman

WILLIAM F. THORN, Member

MIKE SHELTON, Member

ATTEST: Margaret Rosenkranz,

Clerk of the Board BICC 00-207

[note: Exhibit “A” and “B” on file with the Clerk of the Board and Public Works Department]

BEFORE THE BOARD OF ISLAND COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF AUTHORIZING

THE PROSECUTING ATTORNEY TO

COMMENCE CONDEMNATION PROCEEDINGS, EAST CAMANO DRIVE, PHASE #2

W.O. #208 -- CRP # 96-05

)

RESOLUTION NO. C-33-00

RESOLUTION NO. R-14-00

WHEREAS, the real property described herein is required by the County for immediate project construction of EAST CAMANO DRIVE, PHASE #2, Parcel R33107-330-0650, situated in a portion of the of Section 07, Township North, Range , W.M., Island County Map # 0923; and

WHEREAS, any delay in the County’s road construction program is contrary to the public interest; and

WHEREAS, the County’s offer for purchase of that certain real property described in the following attachment(s) - Exhibit “A” - has been refused by the owner;

NOW, THEREFORE, BE IT RESOLVED that:

1. The above described real property is necessary for public use of Island County, Washington for public road purposes.

2. Time is of the essence and prompt action must be taken to secure the above described real property.

ADOPTED this 3^rd day of April, 2000.

BOARD OF ISLAND COUNTY COMMISSIONERS

WM. L. McDOWELL, Chairman

WILLIAM F. Thorn, Member

MIKE SHELTON, Member

ATTEST: Margaret Rosenkranz,

Clerk of the Board BICC 00-208

Northwest Quarter (1/4), SEC. 07, TWP. 31 N., RGE. 03 East., W.M. - Map # 0923

CALL FOR BIDS FOR: } RESOLUTION #R-15-00

ASPHALT CONCRETE MATERIALS }