ISLAND
COUNTY COMMISSIONERS - MINUTES OF
MEETING
REGULAR
SESSION - MAY 22, 2000
The Regular Meeting of the Board of Island
County Commissioners was held on May 22, 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:
Tom Baenen, Greg Banks, Robert Bishop; Mike Hawley; Maxine
Sauter; Suzanne Sinclair
Capital Budget/Equipment 2000 – Process
Discussion focused on the importance of keeping Elected Officials and
Department Heads informed about the process and status of capital budgets – 2000 equipment list. Department Heads could better prioritize if financial limits were
known.
The Board agreed that next
year, once information has come back from Cathy Caryl, Director, Central
Services, as to the requested total,
that information can be sent to each department along with her best guess of the cost of each item requested,
thus allowing an opportunity for Department Head review and comparison with
budget available, and then coming back to the Board with a prioritized list.
Budget Status
Once the Budget Director
returns from vacation the Commissioners
will re-start the process,
independent of what the Supreme Court may do with regard to 695, based on
having a “real number” as far as what the County can expect to receive from the
State i.e. backfilling @ 53.9%.
One of the “cautions”
mentioned was that the biggest sales
tax generator comes from materials
purchases for new homes and recent reports indicate that the demand for new
mortgage loans fell 56%.
Interest rates are high, and
there has been a fall in the stock market which seems to indicate that the
robust economy may have peaked and the County should not be too overly optimistic.
Commissioner Shelton reported
that the last legislation session
established a local government
committee to look at the way local government
is funded, i.e. projecting out ten to twelve years, how will county government finance itself; where does
the revenue stream come from to finance
county government?
Further addressing unfunded
mandates placed on the county by the state continues to be something to pursue.
Roundtable adjourned at 12:05
p.m. Next Meeting: June 26, 2000 @ 11:30 a.m.
MINUTES APPROVED
By unanimous motion,
the Board approved and signed the minutes from Special Session held on April
26, 2000, and minutes of regular meeting May 8, 2000.
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher/Warrants #75194 - 75424……………………………………………..$ 450,677.62.
The June 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
June 7 and 21, 2000 beginning at 9:00
a.m.
Hiring
Requests & Personnel
After presentation and brief summary provided by Dick Toft, Human Resources
Director, the Board by unanimous
motion, approved the following
Personnel Action Authorizations:
PAA
#059/00 Env. Health Spec. #2407.02 Replacement 6/1/00
PAA
#060/00 Plans Ex/Bldg. Insp. #
417.01 Temp-New Pos. 5/22/00
By unanimous motion, the
Board adopted Resolution #C-52-00 as
presented by Dick Toft, continuing
the Wellness Incentive Program/Plan for Island County Employees for
program year 1999-2000, Plan 1a and Plan 2a.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER
OF CONTINUING THE )
WELLNESS
INCENTIVE PROGRAM/PLAN )
FOR ISLAND
COUNTY EMPLOYEES ) RESOLUTION
C-52-00
COUNTY
EMPLOYEES
)
__________________________________________
)
WHEREAS, the Board of Island County
Commissioners adopted Resolution C-47-99 on June 26, 1999 which continued the Wellness Incentive Program; and
WHEREAS, the above Resolution
requires an analysis of potential costs to be reviewed no later than April 1, 2000, after which
the program may be renewed for program
year 1999-2000; and
WHEREAS, by participation in the
program the Island county employees demonstrated that a percentage of
employees favored incentives for
maintaining health life styles and incentives for unused sick leave; and
WHEREAS, absenteeism is expensive
to the County, both in paid time off and lost productivity to the
organization; and
WHEREAS, after review it has been
determined that the Wellness Incentive Plan for 1999-2000 will only contain
Plan 1a and Plan 2a, NOW THEREFORE
BE IT RESOLVED, that an analysis of
potential cost were reviewed prior to April 1, 2001 at which time the program
may be renewed for program year 2001-2002.
ADOPTED this 22nd day of
May, 2000.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm. L. McDowell,
Chairman
William
F. Thorn, Member
ATTEST: By Ellen K.
Meyer, Deputy Mike
Shelton, Member
For: Margaret Rosenkranz, Clerk of the Board
BICC 00-314
Based on receipt of
favorable recommendations from the Sheriff’s Department and Health Department,
the Board by unanimous motion approved
Special Occasion License 368785 by Island Arts Council for event to take
place on June 8, 2000 at Island Greens Golf Course, Clinton.
By unanimous motion,
the Board approved the following Health Department contracts and Agreement:
a) Health
Contract #HD-08-00, Mini-grant – Washington Health Foundation $5,000
b) Health
Contract Amendment #HD-01-97 (3), Mary Jane Lungren, DDS, $2,500
c) Interlocal
Agreement - Amendment, #0063-42385 (1)
between Island County and DSHS - Medicaid Administrative Match: $24,508.57
By unanimous motion,
the Board approved the financial considerations in the final
draft of the Health Officer’s Contract
for forwarding to the Board of Health
for review and approval, to be submitted back to the Board of County
Commissioners for final approval at a subsequent date.
Cathy Caryl last week
submitted the Equipment 2000 Budget in the total amount of $88,173.72. Since that time, there were two primary
additions, from the Prosecuting
Attorney and Juvenile Court Services, and now handed out a revised Final
Equipment List for 2000 purchases, totaling $94,723.72, representing $7,876.72
over the budgeted amount of $86,847.00,
for the Commissioners consideration.
The Board by unanimous
motion approved the 2000 Equipment Budget Requests by departments as submitted
by Central Services this date, in the total amount of $94,723.72.
As discussed earlier
today at the Roundtable, the Board agreed that with next year’s cycle, to do a
better job with feedback to departments
with respect to the process, which in turn
will give the departments a better opportunity to do some of their own prioritization. Departments need to know the dollar amount of individual items requested should they want to
re-prioritize.
[approved
list on file with the Clerk of the Board]
A
Public Hearing was held as scheduled and advertised to consider Resolution
#C- 43 -00 (R-22-00)
Executing
State Revolving fund (SRF) Loan Agreement between island County and the State
of
Washington
DOE; Loan # HD-05-00, On-site Repair Financial Assistance Program;
$300,000.
Larry Kwarsick, Public
Works Director, presented the matter asking that the Board execute the loan
agreement to provide financial
assistance to private citizens to repair and/or replace failed on-site sewage
systems. The resolution package
includes a Certificate relating to the Agreement prepared for the
Chairman’s signature.
There were no members
of the public present at the hearing who indicated a desire to speak either for
or against approval of subject loan agreement.
Commissioner Shelton
commented that this program over the last five plus years had worked extremely well in terms of not only enabling
people to fix failing septic systems vice moving out of their house, but
also because the payment record and
agreement with Whidbey Island Bank worked extremely well.
The Board by unanimous
motion approved Resolution #C-43-00 [R-22-00] in the matter of executing State
Revolving Fund Loan Agreement Between Island County and the State of Washington
Department of Ecology.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING STATE ) RESOLUTION
C-43-00
REVOLVING FUND (SRF) LOAN AGREEMENT ) R- 22 -00
BETWEEN ISLAND COUNTY AND THE )
STATE OF WASHINGTON DEPT OF ECOLOGY )
WHEREAS, the Board of Island County Commissioners has made
application the State of Washington Department of Ecology for a Washington
State Water Pollution Control Revolving Fund (SRF) Loan (No. HD-05-00) to
provide financial assistance to private citizens to repair or replace failing
on-site sewage systems; and
WHEREAS,
the State Department of Ecology has made a financing offer to Island County in
the form of a SRF Loan; and
WHEREAS,
the Board of Island County Commissioners deems it in the best interest to
proceed with the project under the terms and conditions of the SRF Loan offer; NOW, THEREFORE,
BE IT
HEREBY ORDAINED, that (a) the Chairman of the Board of
Island County Commissioners is authorized to execute the State Revolving Fund
(SRF) Loan Agreement (No. HD-05-00) identified above with the Washington State
Department of Ecology, in substantially the forms on file with the Clerk of the
Board of Island County Commissioners (b) the funds received by Island County
shall be used for the purposes consistent with the provisions of each of the
Agreements (c) all prior actions taken by the county relating to the Agreements
is hereby ratified and confirmed.
Reviewed
this 1st day of May, 2000
and set for public hearing at 2:15 p.m. , on the 22nd day of May,
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 00-265
APPROVED AND ADOPTED this 22nd
day of May, 2000 following public hearing.
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
At 2:20 p.m., as
scheduled and advertised, a public hearing was held to consider the Application for renewal of Franchise
#158(R) by Mabana Shores Association , for renewal of an existing franchise for water distribution lines within the Plat of
Mabana Shores, Camano Island.
As reported in a memorandum
to the Board dated May 2, 2000, the County Engineer reviewed the request for
renewal covering existing water distribution
system in County R/W for the current system; there are no plans for
expansion of this current system. All
department requested to comment responded with no objections to the proposal,
and the Engineer recommended approval of the franchise as submitted.
At the time the
Chairman called for public comments, no one in the audience expressed a desire
to speak either for or against the requested
franchise renewal.
By unanimous
motion, the Board approved
Franchise #158 ( R ) by Mabana Shores
Association for the renewal of existing
water distribution system in the Plat of Mabana Shores.
The Board, by
unanimous motion, approved as presented by the Public Works Director,
Resolution #C-53-00 (R-24-00) In the Matter of Approving Plans &
Specifications and Authorizing Call
for Bids for 2000 Asphalt Concrete Pavement Overlays Whidbey Island, CRP 00-04, Work Order No. 358; set bid opening
June 14, 2000 at 11:00 a.m., Meeting Room 3, Courthouse
Annex, Coupeville.
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF APPROVING PLANS }
& SPECIFICATIONS AND AUTHORIZING } RESOLUTION #C-53-00
CALL FOR BIDS FOR 2000 ASPHALT } R-24-00
CONCRETE PAVEMENT OVERLAYS }
WHIDBEY ISLAND, CRP 00-04, Work }
Order No. 358 }
WHEREAS,
sufficient funds are available in the Island County Road Fund for 2000 Misc. Asphalt Concrete Pavement Overlays, Whidbey Island;
NOW THEREFORE
BE
IT HEREBY RESOLVED that Plans and
Specifications are approved and that
the County engineer is authorized and
directed to call for bids for furnishing said construction. Bid Opening is to be the 14th
day of June, 2000, at 11:00 A.M. in Meeting Room 3, Courthouse Annex,
Coupeville.
ADOPTED
this 22nd day of May,
2000.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm.
L. McDowell, Chairman
William
F. Thorn, Member
Mike
Shelton, Member
ATTEST:
By Ellen K. Meyer, deputy
Margaret
Rosenkranz, Clerk of the Board
BICC
00-309
Mr. Kwarsick next
presented a Community annual “No Spray” Agreement between Island County and Scatchet Head Community Club for the establishment of a Community Annual
“No Spray” Zone within the Plat of
Scatchet Head. The President of
the Scatchet Head Community Club was
present in support of the
agreement. Although Mr. Kwarsick was
not prepared at this time to present a
final document, he requested Board authorization for the Chairman to sign the
agreement once completed which should be in the next few days.
By unanimous
motion, the Board approved the No Spray
Agreement between Island County and Scatchet Head Community Club for the
establishment of a community annual no spray zone within the Plat of Scatchet Head, authorizing the chairman
to sign the agreement once it has been
approved by the Deputy Prosecuting Attorney, Risk Manager and the
Community Club.
The Board, on
unanimous motion, approved Agreement for
Rural Arterial Program (RAP) – Project agreement for construction
proposal for Camano Hill Road,
M.P. 02.22 to 03.42, Camano Island, for a total authorized RATA Funds
in the amount of $208,870.
As presented by the
Public Works Director, the Board by unanimous motion approved an updated Interlocal Agreement for the Skagit-Island
Regional Transportation Planning Organization (SIRTPO) between Washington State
Department of Transportation and SIRTPO, the Chairman authorized to sign
the updated agreement at the SIRTPO Regional Policy Board meeting
scheduled for June 14, 2000. The major change is to update the agreement
bringing it in to compliance with current state regulations.
The Board, on
unanimous motion, approved Resolution
#C-54-00 (R-25-00) initiating County Road Project 00-05, Work Order 359, Old County
Road/Larson Road, to perform
preliminary survey, level loops and prepare right-of-way maps, Section 17/20, Township 30N., Range 2E, the CRP in the amount of $30,000.
A Public Hearing was
held at 2:45 p.m. as scheduled and advertised, for the purpose of
considering Ordinance #C-44-00
[PLG-011-00] concerning Technical
Amendments to the Island County
Comprehensive Plan and Development Regulations, as introduced on May 8, 2000
[GMA #_____]
Attendance:
Public: John Graham; Bob
Van Deen [Attendance Sheet GMA #_____]
Staff: Phil Bakke; Jeff Tate
Correspondence
Received
Memo dated 5/21/00 from Steve Erickson, WEAN,
regarding OSPBRS Type IV Decisions GMA
#________
E-mail 5/19/00 from Kwarsick to John Graham
regarding PBRS Technical Amendment GMA
#________
E-mail 5/22/00
from Thomas J. Roehl to Commissioners regarding proposed Technical Amendments
GMA #________
Hand-outs:
Ordinance #C-44-00
[PLG-011-00] introduced on May 8,
2000 with Exhibits: GMA #_____
Exhibit A:
ICC 3.40 Public Benefit Rating
System
Exhibit B:
ICC 17.03 Island County Zoning Code Technical Amendments
Exhibit C:
ICC 17.02 Critical Areas Technical Amendments
Exhibit D:
ICC Title 16 Land Divisions and Dedications Technical Amendments
Exhibit E:
Best Management Practices Technical Amendments
Exhibit F:
Findings and Legislative Intent
Exhibit A
Page A-1 3.40.100
Mr. Tate
outlined the first change
proposed: replace listed Type
III decision to a Type IV decision.
A Type III decision is a Hearing Examiner decision while a Type IV decision is a legislative
decision made by the Board. For PBRS
the Board adopted a specific fee
schedule, $100; it is not a
comprehensive plan amendment, and is
not charged the same fee as a comprehensive
amendment, nor reviewed the same
way as a comp plan amendment. Tax
issues are not subject to SEPA, and this would be a matter that would go
directly to the Board. State law requires that a PBRS application has to be
processed within 180 days and does not have
to go before the Planning Commission.
Discussion. If referred to as a Type IV decision, Island County Code requires that Type IV
decisions go to the Planning
Commission. RCW 84.34 says it is to be
acted upon in the same manner in which an amendment to the Comp Plan is
processed. The RCW goes on to say that
if the jurisdiction has adopted a PBRS
system it is just a legislative action by the Board. Therefore there should be no reference to either a Type III or
Type IV decision in this section.
Mr. Tate saw
nothing gained by requiring a PBRS
application go before the Planning Commission.
General
consensus was to re-write the
first sentence to state:
“Applications under the Public Benefit Rating System shall be
reviewed by the County as a Type IV
decision under the County’s Land Use
Review Process ICC 16.19 and
approved by the Board of Island County Commissioners.
Page A-1 3.40.110
The same change
would be necessary with respect to the process. Consensus was that the first sentence be changed to read: “The Board of County Commissioners shall consider an application to the Public
Benefit Rating System as defined by the Type IV County Permit process and as
required by RCW 84.34.037.”
Exhibit B
Mr. Bakke explained that throughout Exhibit B
were a number of places suggested to remove the reference in the Code to illustrative maps; it is redundant,
covered by the official Island County
Zoning Atlas set forth in
17.03.050.c.2 ICC.
Page B-5 Added additional criteria under 5 in the
Rural Agriculture zone to deal with exemptions to the minimum lot size limitations to attempt to prevent multiple
boundary line adjustments that may result in the creation of new lots over
time:
b) an
Existing Lot is proposed to be modified
through a boundary line adjustment and will
not subsequently be further modified
in size or used in combination with
unregulated
subdivision such that new Lots
are created that are less than the
required minimum lot size.
Chairman
McDowell understood the proposed addition up through ”an Existing Lot is proposed to be modified through a boundary line
adjustment and will not
subsequently be further modified in size.” which would address the concern.
Mr. Bakke agreed as did Commissioners
Thorn and Shelton.
Page B-5,
G. date to be included “that as of
June 2, 1999” for Rural Agriculture Zone Classification.
Page B-6 17.03.100.H.4. Adding the words “that, as of June 2, 1999”, the Parcel
did not meet the designation criteria set forth in subsection D above, for consistency with the Comp
Plan. Section 17.03.110.G, Rural Forest
Zone, would have language included “that, as of December 1, 1998,” the
parcel did not meet the designation criteria set forth in subsection C above.
B-9 Technical amendments to correct the code
citation.
Exhibit C
§
Page
C-1 Correct the code citations in
sections B.1 and F. In Section H, delete duplicated language
“Functionally isolated buffer areas”.
§
Page
C-2 Correct code citation
§
C-3 Table – under Water Type, Diversion column
2 add the word “feet” after 1500
Exhibit D
§
Pages
D-1, D-2, D-3 and the top of D-4,
Correct code citations
§
Page
D-4, Chapter 16.25 Agriculture,
Minerals and Forest Protection.
These amendments as noted by Mr. Bakke were put forth as recommended by
the County Prosecuting Attorney to conform with Chapter 7.45 RCW.
16.25.30 Policy, proposed is
to add the following language to the last sentence:
“unless
the activity has a substantial adverse effect on the public health and safety.
Further,
nothing in this Chapter shall affect or
impair any right to sue for damages.”.
D-5 16.25.040 Protection Measures – Mailed Notice
16.25.040.A, sentence added at the
recommendation of the Prosecuting Attorney:
”unless the activity has a
substantial adverse effect on the public health and safety.”.
Section C the term “Property Declaration” is proposed to be changed to “Property
Notice”. Deletes the language
“and agree to accept by the placement of this covenant, or the acceptance and
recording of this instrument,”. The
language for the notice is reworded as
shown in italics, and adds the following to the last sentence:
“unless
the activity has a substantial adverse effect on the public health and safety.
By
the
recording of this notice, the County does not intend to affect or impair any
right to
sue
for damages.”.
Exhibit
E
§
Pages
E-1 and E-2, minor changes proposed; change reference to most current version.
§
Page
E-3 I.F. language discussed through the process but apparently changes overlooked, regarding
changing the term “salmonid” to salmon.
§
Page
E-3 II BMP, Applicability, item C the reference is redundant and covered
under II.A.
§
Page
E-4 correcting reference “wetlands” to
“specified critical areas”
§
Page
E-5 adding the word “and” at the end of
d)
Exhibit
F
Contains
Findings and Legislative Intent for the changes proposed.
John Graham, Citizens Growth Management
Coalition, recalled that the Coalition
had major problems with the first amendment as written but met all concerns now
with regard to the PBRS as the Commissioners earlier discussed. The section should provide for public
guidance within the Comp Plan so
that citizens understand that a comp
plan amendment is not required, that
the decision is made directly by the Board of Commissioners and exempt from
SEPA review. Therefore, he suggested
adding the word “directly” into the language the Commissioners already worked
on so that the first sentence would read:
“Applications under the Public Benefit Rating System shall be reviewed
by the County and approved directly by the Board of Island County Commissioners”. He also suggested adding another sentence that would
state: By RCW 84.34 such applications
are not a comprehensive plan amendment
and are exempt from SEPA review.
Page B-5. With regard to the proposed added language, Mr. Graham reminded this
language had been approved by the Board
two or three sessions ago
for the CA and RF zones; this is a
technical amendment because it takes this language and correctly puts it in the
RA zone as well. He urged that the Board not make any
changes in that language.
On Page E-3,
item I.F, Mr. Graham did not recall
previous discussions during the many
sessions over BMPs the change from “salmonid” to “salmon” and suggested
“salmonid” be retained and if the code states ‘salmon” elsewhere it be changed to salmonid, which includes
cut-throat trout. Salmonid is a more
generic term. As salmon protection
efforts become more and more under scrutiny around Puget Sound, this County
should not go the other direction. He
did not understand why the last portion of the sentence had been recommended
for deletion [“and in conjunction with the community’s own initiative for locally based salmon
enhanced efforts”].
At the request of the Board, David L. Jamieson, Jr. , Chief Deputy Prosecuting Attorney, came to review the changes Greg Banks, Prosecuting Attorney, suggested be made in