ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING
REGULAR & SPECIAL SESSIONS – APRIL 24, 2000
REGULAR SESSION
The Regular Meeting of the Board of Island
County Commissioners was held on April 24,
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.
Roundtable
Meeting with Island County Elected Officials
Attendance:
Elected Officials: Tom
Baenen, Greg Banks, Robert Bishop; Marilee Black; Mike Hawley;
Suzanne Sinclair
Others: Margaret Rosenkranz; Dick Toft
Security Issues. The
Security Committee will meet on May 2nd, and
develop a list of what they
see as security needs in the
Courthouse, as well as the new Law
& Justice facility, for presentation to the Board. The architect has designed the new
building for one public entrance with metal detector but concern is that unless
manned, will mean nothing. Unsure at
this time whether anything has been budgeted for either the metal detector or
security personnel.
Commissioner Thorn
received a copy of a resolution from the Superior Court Judges with regard to
security stipulating there are to be no fire arms in the Courthouse or
Annex. Sheriff personnel are exempted by statute.
As a follow-on from
the last Round Table, Dick Toft confirmed good headway made; all doors are posted with a notice of Courthouse open hours. A 4/14/00 e-mail to all employees advised that for security purposes, all doors
would remain locked until 8:00 a.m., and locked again at 4:30 p.m. at the close
of the business day. Employees are
not to allow unauthorized people into
County buildings during non-business hours.
Budget Update. Commissioner
Shelton recalled the WSAC
proposal was that all counties would receive 53.39% of the
portion of the budget lost due to passage of I-695; however, that is a biennium
figure rather than an annual figure, really 2/3 of what was anticipated. The Governor called the Legislature back in
special session at Noon today to vote on his budget proposal, which represents 35 million for local government, along
with a one-time distribution to
Counties [for Island County, around $50,000].
Even if Island County receives the one time $50,000, the County would
still face something in the neighborhood of a
$200,000 shortfall. While State
government may have taken some of the
hit, the I-695 burden has primarily
been absorbed by local government. WSAC staff assessment is that the House and
Senate were no closer to reaching any kind of compromise on the budget
now than they were at the beginning of the
beginning of the special session.
The Legislature continues to pass laws that affect the County’s budget
even though there is a law against doing just that.
The Budget process is
in “limbo” right now. The Board has
input from the Departments, and needs to wait and see what the State does, if
anything, and then react. Mr. Banks
will be attending the Washington State Association of Prosecuting Attorneys and
find out what is being done around the State with regard to the State passing
mandates without providing funding to counties.
Roundtable adorned
12:05 p.m. Next meeting: May 22nd at 11:30 a.m.
MINUTES APPROVED
By unanimous motion,
the Board approved and signed the minutes from meetings held on April 3 and 5,
2000.
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher/Warrants: #73395 - 73619 $244,323.02.
Veterans Assistance Fund: [emergency financial assistance to certain
eligible veterans; the names and
specific circumstances are maintained confidential]. The Board by unanimous motion accepted the recommendation of the Veterans
Assistance Review Committee on the following claims: V2K-7 Approved
$305.00; V2K-4 Denied .
The May 2000 Staff
Session schedule was approved by the Board for distribution to Elected
Officials, Department Heads and Press, for regular staff sessions to be held on
May 3 and 17, beginning at 9:00 a.m.
Resolution #C-40-00
- EstablishING Federal Asset
Forfeiture Fund
Jan Smith, Island
County Sheriff’s Department, presented for the Board’s approval, a Resolution in the matter of establishing
the Island County Federal Asset Forfeiture Fund and imputing interest on prior
portion of the Island county Drug Fund, and for signature, a new Federal
Equitable Sharing Agreement. This is a new fund to be called the Federal Asset Forfeiture Fund which will accrue
interest at the state pool interest
rate on the average monthly cash balance, and the resolution provides
that the recapture of the interest that
should have accrued by imputing interest
at the state pool interest rate
on the average monthly cash balance over the life of the federal portion of the
prior drug fund and having that amount transferred from current expense to the
federal portion of the fund.
By unanimous motion,
the Board adopted Resolution #C-40-00 in the matter of establishing the Island
County Federal Asset Forfeiture Fund and imputing interest on prior portion of
the Island county Drug Fund, and approved and signed the new Federal Equitable
Sharing Agreement.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF
ESTABLISHING )
THE ISLAND COUNTY
FEDERAL ) Resolution No. C-40-00
ASSET FORFEITURE FUND
AND )
IMPUTING INTEREST ON
PRIOR )
PORTION OF ISLAND
COUNTY DRUG )
FUND )
___________________________________ )
WHEREAS,
by Resolution No. C-56-92, this Board established the Island County Drug Fund
consisting of federal, state, and local drug money; and
WHEREAS,
the Island County Drug Fund was to be maintained in an interest-bearing account
as dictated by federal requirements and the interest was to accrue to the drug
fund only; and
WHEREAS,
the Island County Treasurer did not separately invest and accrue interest to
any portion of the Island County Drug Fund as she was awaiting instructions
from the fund’s auditing officer; and
WHEREAS,
the federal portion of the Island County Drug Fund was to accrue interest since
its establishment on June 8, 1992; and
WHEREAS,
the Island County Treasurer and/or Auditor should impute interest to the
federal portion of the Island County Drug Fund since June 8, 1992; and
WHEREAS,
in order to separately account for the federal portion of the Island County
Drug Fund and the state and local portion of said fund, a new fund should be
established consisting of the federal asset forfeiture funds and accrued
interest; and
WHEREAS,
a budget for the Federal Asset Forfeiture Fund will need to be fixed and
adopted in the future; NOW, THEREFORE,
BE
IT HEREBY RESOLVED that there is created and established in the Island
County Treasurer and Island County Auditor records a fund known and designated
as the Federal Asset Forfeiture Fund. A
separate revenue account or accounting code for the Department of Justice and
Department of Treasury forfeiture funds shall be established and interest
income must be deposited in the appropriate federal forfeiture fund
account. The Island County Treasurer
shall accrue interest on the Federal Asset Forfeiture Fund at the state pool
interest rate on the average monthly cash balance.
IT
IS FURTHER RESOLVED that the Island County Treasurer and Auditor shall
impute interest for the federal drug funding-shared asset forfeitures, bars
number 132-000-33016, at the state pool rate on the average monthly cash
balance since the inception of the fund on June 8, 1992, and shall deposit that
calculated interest in the account from the current expense fund.
ADOPTED this 24th 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
BICC 00-252
As presented by Mike
Merringer, Juvenile Court Services Director, the Board by unanimous motion,
approved Resolution #C-41-00 Intent to
Participate in the Consolidated Juvenile Services 2000-1001 Biennium, along with
Consolidated Contract, JRA Amendment #1 [RM JUV 99-0071], in the amount of
$338,547.
RESOLUTION OF INTENT TO
PARTICIPATE
CONSOLIDATED JUVENILE SERVICES
2000-2001 BIENNIUM
RESOLUTION NO. C-41-00
WHEREAS the Washington State
Legislature has provided funds for a program of community based services for
youths through the Washington State Department
of Social and Health
Services, Juvenile Rehabilitation
Administration, and
WHEREAS
the Board of County Commissioners
believes participation in such a program would benefit Island County and
its youth and families; and
BE
IT RESOLVED that the Board of County Commissioners for Island County intends to
participate in community corrections
program and to make application for funds available under the Consolidated Contract.
Michael S. Merringer, Administrator, Juvenile and family Court Services, is authorized to coordinate,
certify and make submissions of claims for reimbursement to the Washington State Department of Social and Health Services,
Juvenile Rehabilitation Administration.
Application will not be made to
replace county funds for existing programs.
DATED
this 24th day of April, 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 00-255
Ordinance C-23-00 is adopted this 10th day of April, 2000 following public hearing.
BOARD
OF COUNTY COMMISSIONERS
ISLAND COUNTY,
WASHINGTON
Wm. L. McDowell, Chairman
Mike
Shelton, Member
William
F. Thorn, Member
ATTEST:
Margaret
Rosenkranz
Clerk
of the Board
HEARING SCHEDULED: RESOLUTION #C-42-00 (R-20-00)-
Petition for Vacation of Portion of
Humphrey Road
By unanimous motion, the
Board scheduled Resolution #C-42-00 (R-20-00) Petition for Vacation of Portion
of Humphrey Road, Sec. 36, Twp 29N, R. 3E., David and Janet Sonnichsen Petitioners, for Public Hearing on May 15, 2000 at 10:20 a.m.
QUITCLAIM
DEEDS APPROVED – EAST CAMANO DRIVE, PHASE 2
As presented and
recommended for approval by Larry Kwarsick, Public Works Director, the Board
approved the following Quitclaim Deeds:
§
David Stanley Hyatt, $3,700.00 for land; parcel
413-097, Sec. 7, Twp 31N, R 3E
§
Cheryl A. and Alan R. Estes, $2,100.00 for land,
parcel 313-065, Sec. 7, Twp 31N, R 3E
§
Cynthia S. and John M. Barnett, $5,500.00 for
land, Lot 23, Plat of Driftwood Shores, Division No. 1, Sec. 7, Twp 31N, R 3E
Construction Easement &
Agreement – East Camano Drive,
Phase 2; David Stanley Hyatt
By unanimous motion,
the Board approved Construction Easement & Agreement for East Camano Drive, Phase 2, with owner David Stanley Hyatt, in the amount of
$700.00 for the construction easement, on
parcel 413-097, Sec. 7, Twp 31N., R 3E.
Contract AND Bond for Coupeville
Shop Remodel &
Addition of Bathrooms - P & L Contractors
The Board, on
unanimous motion, approved the Contract and bond associated with the Coupeville Road Shop Remodel and Addition of
Bathrooms, with P & L Contractors, in the amount of $41,843.52.
DISCUSSION - three State Revolving Fund (SRF) Loan Agreements
between Island County and
Washington State DOE
Mr.
Kwarsick presented a proposed ordinance for purposes of scheduling a public
hearing to consider executing three State Revolving Fund (SRF) Loan Agreements
between Island County and Washington State Department of Ecology, #HD-05-00,
On-site Repair Financial Assistance Program, $300,000; Loan #L0000014, West
Beach Lake Acquisition [a.k.a. Swantown] $408,200; Loan #L0000013, Iverson Farm
Acquisition, $668,000.
Chairman McDowell
was uncomfortable for Swantown Lake
doing a study as a condition of that loan.
He does not support converting it to a saltwater marsh and therefore
would seem to be a waste of public
dollars to do the study.
And Commissioner Thorn
pointed out what the agreement says, Page 3 under IV., the second
sentence under the second paragraph:
“The primary goals at the site are to: 1)
restore open saltwater flow to the wetland to restore anadromous fish use, and 2) enhance the fish and wildlife habitat of the wetland.”.
Commissioner
Shelton agreed with Chairman McDowell,
consistently the Board has said from the very beginning it was not
interested in converting Swantown Lake
to a saltwater marsh and that was the
basis on which it was purchased.
Expending dollars to do a study that leads no where seems like a real
poor expenditure of public money.
The Chair commented to
note that this is a receiving area for
much of the growth from the area around
Oak Harbor and UGA and if this is converted to a saltwater marsh he felt
it would be more difficult for the community of Oak Harbor and the UGA to
continue to expand.
Commissioner Thorn
reviewed Page 2 of Attachment #5, B.
Required Performance-1. Contract with consultant for feasibility study which
will include: the 6th bullet
states: “Recommendation for minimum
water levels within the wetland and mechanisms to maintain these levels.
Recognizing that wetlands are not to be
used for stormwater determination or water quality treatment. He did not buy that language. If that sentence were not included he would
support it.
Mr. Kwarsick explained
that to be a standard regulatory statement.
The Iverson Property and West Beach loan agreements come with the
same general feasibility study.
Board action: table until May 8 allowing an opportunity
for Mr. Kwarsick to talk with the Department
of Ecology and reconstruct the
language in the agreements.
Escrow Agreement, Contract #PWP-01-00, Work Order #301 Island County Law & Justice
Facility - Haskell Corporation
The Board, by unanimous motion, approved Escrow
Agreement, Contract #PWP-01-00, Work Order #30, for the Island County Law & Justice Facility
with Haskell Corporation.
HEARING HELD:
– Ordinance C-36-00
(PLG-009-00), Technical
corrections to Island County Zoning Ordinance
A Public Hearing was held as scheduled and advertised
for the purpose of considering Ordinance #C-36-00 (PLG-009-00),
Technical corrections to Island County Zoning Ordinance.
Attendance:
Public: None
Staff: Phil Bakke, Planning Director; Jeff Tate,
Planning Manager
Mr.
Tate opened the hearing by going through his March 29, 2000 memorandum to the
Board regarding technical corrections to the Zoning Atlas, a list of map numbers and associated explanation of why these changes were being considered:
Maps #41 and 42 – Parcel
#R13108-256-5200 spans two separate quarter section maps. It
is a very narrow and shallow lot
located along the shoreline. On map 42
it is zoned Rural
Forest and on map 41 it is not
zoned. It is in the same ownership and located adjacent to
parcel R13108-392-5010 which is
zoned Commercial AG. This parcel should also be zoned Commercial AG.
Map #333 – Zoning was colored
properly, but labeled incorrectly. It was labeled Rural
AG and it should be Rural.
Map #331 – Add zoning label and
boundary for Northwest portion of quarter section. It
was not labeled on the map in the
Atlas. This does not result in a change in zoning.
Map #306 – Add zone boundaries on
the west and south sides of quarter section maps.
Also, add density for the RAID. This
does not result in a change in zoning.
Map #488 – Change the dus/acre from
2 to 3 for the Shangri-La RAID. The rest of the
RAID, located on the quarter section
to the north, is 3 dus/acre and the chart in 17.03.075
says 3 dus/acre.
Map #352 – Add the RAID density to
the map.
Map #907 – Parcel #R33032-480-4150
is split zoned because it is intersected by
Saratoga Road. The entire parcel should be zoned Rural
Forest.
Map #497 – Parcels #R23120-157-1620
& R23120-216-2021 were both inadvertently
split zoned. Parcel #R23120-157-1620
is partially zoned Rural however, the entire
property should be zoned Rural AG. Parcel R23120-216-2021 is also partially
zoned
Rural, but the entire parcel should
be zoned Rural Forest.
Maps #94, #97, #114, #117, #237 are
all located within the Oak Harbor Urban Growth
Area. Ordinance C-122-99 officially
designated the specific zoning boundaries within
the Oak Harbor UGA, however, some of
the zoning maps adopted as a part of this
Ordinance did not include zoning
designations for land outside of the UGA. These
corrections will complete the above
listed quarter section maps.
By unanimous motion, the Board adopted
Ordinance #C-36-00 [PLG-009-00]. [GMA
doc. #_______]
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
|
IN THE MATTER OF AN ORDINANCE
CONCERNING TECHNICAL AMENDMENTS TO
THE ISLAND COUNTY ZONING ATLAS. |
))) |
ORDINANCE C-36-00 PLG-009-00 |
WHEREAS,
on September 28 and 29, 1998, the Board adopted the County’s GMA Comprehensive
Plan and Development Regulations; and
WHEREAS,
by Ordinance C-123-98, the Board also adopted Chapter 17.03 ICC as Island
County’s official Zoning Code to implement its GMA Comprehensive Plan with the
Zoning Atlas as the Official Zoning Map of Island County; and
WHEREAS,
certain technical amendments to the Zoning Atlas have been identified to ensure
that the zoning designations are consistent with the Comprehensive Plan.
NOW,
THEREFORE, IT IS HEREBY ORDAINED
that the Board of Island County
Commissioners hereby adopts the certain technical amendments attached hereto as
Exhibit A to the Island County Zoning Atlas (Exhibit C to Ordinance C-123-98).
Reviewed this 3rd day of
April, 2000 and set for public hearing at 2:45 p.m. on the 24th
day of April, 2000.
BOARD OF COUNTY
COMMISSIONERS
ISLAND COUNTY, WASHINGTON
Wm.
L. McDowell, Chairman
Mike
Shelton, Member
William
F. Thorn, Member
ATTEST:
By Ellen K. Meyer, Deputy
Margaret
Rosenkranz Clerk of the Board
BICC 00-232
APPROVED AND ADOPTED this 24th day of April, 2000.
BOARD OF COUNTY
COMMISSIONERS
ISLAND COUNTY, WASHINGTON
Wm.
L. McDowell, Chairman
Mike
Shelton, Member
William
F. Thorn, Member
ATTEST:
Margaret
Rosenkranz
Clerk
of the Board
[note: Exhibit A
on file with the Clerk of the Board]
There being no further business
to come before the Board at this time,
the Chairman adjourned the Regular Meeting of the Board at 2:55 p.m., to meet in Special Session at 7:00 p.m. at the Bayview
Senior Center for a public workshop.
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
SPECIAL SESSION
The
Board of Island County Commissioners met
in Special Session April 24,
2000 at 7:00 p.m., at Bayview Senior Center, Langley, Wa. to conduct a
public workshop to collect comments on recent applications to the
Washington Utilities and Transportation Commission requesting designation of a
sole natural gas provider on South Whidbey.
County
Commissioners Wm. L. McDowell,. Chairman,
and Members, William F. Thorn and Mike Shelton were present.
Approximately 45 people attended, including representatives from Washington
State Utilities and Transportation Commission [UTC], Westcoast Energy, Inc. [WCE], Puget Sound Energy [PSE] and Cascade Natural Gas [CNG]. An attendance sheet was circulated and is
on file.
Phil
Bakke, Island County Planning Director, confirmed that Island County received from UTC a March 21 letter announcing the receipt of
an application from Cascade Natural Gas for a Certificate of Public Convenience and Necessity to assign exclusive natural gas service rights
to Cascade Natural Gas, and in response to UTC’s invitation to provide comments
on the proposal, the Board scheduled this workshop, and presentations
will be made by UTC, WCE, CNG and
PSE. The County also received a
letter dated April 14th from WCE with regard to the Orca Natural Gas Pipeline Project that
WCE, CNG and PSE recently commenced a study
to determine the feasibility of developing a new natural gas pipeline to
serve Northwest Washington consumers.
Presentation - Washington Utilities and Transportation
Commission
Jeffery
Showman, Policy Specialist, outlined the
application process for designation of a natural gas service area and
further opportunities for members of the public to comment. Input is
only on the designation of a
South Whidbey provider, not evaluation of a pipeline. In this case, Cascade Natural Gas, the local distribution company [LDC] filed with UTC for permission to serve an area, and the matter will come before the
UTC at an open public meeting [docket #000283]. Citizens can contact UTC
and ask to be put on the list for notification and may attend and provide testimony. The LCD goes through UTC; the pipeline company would go through
FERC, the federal counterpart to UTC.
The proposal as he understands it is to
provide gas to South Whidbey Island from Orca Natural Gas Pipeline
by Westcoast Energy from the Canadian border to Marysville or north
Everett. CNG would draw a lateral from the line landfall on South Whidbey and
continue on to Jefferson County and Kitsap County and serve north to Port
Townsend and Poulsbo. CNG already provides gas to the Oak Harbor area; this
would be a new way of getting gas as to this Island.
In
responding to questions from the audience he explained that as far as the relationship between UTC and the
Growth Management Act, UTC
reviews county plans, and did recall reviewing
the Utility Element of the Island County Comp Plan and noted it
described the existing service area,
and it talked about gas but at that
time there were no plans to provide gas
to other parts of the Island. UTC
appeals would be made in superior court.
B.C. recently established an Office of Gas Regulation that governs
extraction of gas headquartered in Prince Rupert and works closely with native tribes and has as a main objective preservation of
the environment. Federal office of Pipeline Safety is a
branch of Federal DOT for interstate pipelines.
Presentation by
Westcoast Energy, Inc.
Pat
Siega, Project Lead, Engineering & Construction, provided information related to the company using an overhead
presentation, displaying graphs to show the number of miles of pipeline, their
multi-regional focus, and interstate
grid natural gas. The Orca Natural Gas
Pipeline is at the preliminary feasibility stage, a joint investment by the
three companies. The proposal is to start at the Sumas border and come
down near north Everett across Whidbey
Island to the Peninsula to Port Townsend and Poulsbo. WCE is looking at two corridors: by land
which would follow I-5; and a marine route off shore at Whatcom
County coming on shore at Port Townsend.
The target in-service date is the third quarter of 2004, and an application filed with FERC by the first or second quarter in
2001. Westcoast will be back in the
community about the pipeline environmental and
safety issues in the next three to four months.
Gary
Iverson made the presentation on behalf of CNG and provided for the public
a brochure including information about
the company, and a mailer to send in
any questions for response from CNG.
Displayed were some pipe samples, and a meter set to give an idea what a residential meter looks like. He gave
a brief overview using overheads about who CNG is and issues
related to safety, economics and how they assess feasibility. CNG is a LDC
the company that takes gas off the
interstate pipeline and distributes it
throughout communities regulated by UTC. It is an investor owned utility now serving 90 communities in Washington and Oregon with
about 188,000 customers.
CNG
would build the system from the Orca pipeline to serve areas that requested
service through a high pressure system.
Most of the pipe CNG would put in is high density plastic pipe, generally with standard open trench construction depending on the area, conditions and what local
permits require. A graph was displayed to show a typical distribution system. He reviewed graphs on natural gas safety, 24- hour monitoring and response; natural
gas is lighter than air, has a narrow combustion range; pressure protection is a requirement to prevent pressure from exceeding what it
is designed for. CNG has leak surveys
done as part of on-going prevention and
maintenance; work on natural gas education, work with first responders and are
active in the “call before you dig”
program. Another overhead was used
to show the relative cost of natural
gas compared to some other fuels in the
community, i.e. Oak Harbor average annual residential use: $523 natural gas for space heating vs. $1370
electric; water heater: natural gas water heater is about $166 per year, a
savings of 43% over electric water heater on an annual basis.
Answering
a question from the audience, he noted that Cascade Natural Gas serves Oak Harbor currently, under
Saratoga Passage from Camano Island at
Mariner’s Cove, down Highway 20 and down to Eaglecrest subdivision. The incident that occurred in Bellingham
was a gasoline pipeline not a natural
gas pipeline.
Sue
McLain, vice-president of Operations, PSE,
used a power point presentation on overhead for the audience, noting that PSE also filed for a service territory certificate
in this area, interested in serving South Whidbey ad other communities as the
opportunity may provide with the Orca Pipeline. CNG and PSE are both competing for the right to serve this
community. The project is only feasible if Orca Pipeline becomes
available. The project right now is only a feasibility study to see
if the pipeline is economically
feasible.
She
reviewed PSE focus on service, service quality index. The figures she had on residential price for space and water heating [excluding
lighting] for a home 1800 sq. ft. built before 1985: all electric $944; $1,025 propane: PE
natural gas $595. PSE has gas service
programs, emergency calls are given automatic preference; PSE is a driving
force in the unity trench program;
leaders in technology
implementation. Responding to questions
from audience members, she confirmed that density becomes part of the
equation in a feasibility study, along with interest by customers, and
conversions.