ISLAND COUNTY COMMISSIONERS – MINUTES OF MEETING

 REGULAR SESSION  -  NOVEMBER 6, 2000

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on November 6,  2000, beginning at  9:30 a.m. in the   Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with   Wm. L. McDowell, Chairman,   William F. Thorn, Member and Mike Shelton, Member, present.    By unanimous motion, the Board approved and signed the following minutes:   Special Session October 20, 2000 and Regular Session October 23, 2000. 

VOUCHERS AND PAYMENT OF BILLS

 

Vouchers/warrants were approved for payment by unanimous motion of the Board, along with approval of the October payroll, as follows:        Voucher (War.) #85446-85796 ... $ 414,367.50.

 

Hiring Requests & Personnel Actions

 

By unanimous motion, after presentation/summary by Dick Toft, Human Resources Director, the Board approved  PAA #119/00, replacement action effective 11/6/00, Noxious Weed Control Coordinator, .5 FTE,   Position  #1208.00.

 

WSU EXTENSION SERVICES – CONTRACTS APPROVED

 

After review and summary provided by Don Meehan, Director, Island County WSU Extension Services, the Board by unanimous motion approved the following  contracts and contract amendments:

 

            Amendment to  Beach Watchers Contract #G100002 adding  $5,000 to the DOE

            Shorelands Contract for the Beach Watchers program;

 

            Amendment #1 to Eelgrass Survey Contract #G0000312, adding $2,280 to the contract

            to adjust videography subcontract with Marine Resources Consultants to accommodate

            Department of Natural Resources protocols in the subcontract;

 

            Amendment #2 to Eelgrass Survey Contract adding $2,000 to the contract for eelgrass

            census work already completed and extending contract termination date to 4/30/0;

 

Eelgrass Video Survey Subcontract in the amount of  $23,280  [RM-EXT-00-0085] between Island County            and  Marine Resources Consultants representing a major component of the work contracted with the Northwest Straits Commission.  [amendment anticipated later to extend contract with NWSC and work being done by consultant].

 

Resolution No. #C-107-00   Declaring Legal Holidays for  2001

 

As provided  in RCW 1.16, the Board by unanimous motion,  approved Resolution #C-107-00  Declaring Legal Holidays for the Year 2001.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF DECLARING LEGAL )

HOLIDAYS FOR THE YEAR  2001              )              RESOLUTION NO. C-107-00

 

             WHEREAS, Washington State holidays are outlined in the Revised Code of Washington, Chapter 1.16;  and

 

             WHEREAS, it is the policy of Island County to observe state holidays, NOW, THEREFORE,

 

             BE IT HEREBY RESOLVED that the following be observed as legal holidays for the year 2001:

 

             January 1, 2001                    Monday             New Year's Day

             January 15                            Monday             Martin Luther King Jr. Birthday

February 19                          Monday             President's Day

May 28                                  Monday             Memorial Day

             July 4                                     Wednesday        Independence Day

             September 3                          Monday             Labor Day

             November 12                         Monday              Veteran's Day

November 22                        Thursday           Thanksgiving Day

November 23                        Friday                 Day After Thanksgiving

December 25                                    Tuesday             Christmas Day

 

         ADOPTED this 6th day of November, 2000.

 

                                                                                   BOARD OF COUNTY COMMISSIONERS

                                                                                   ISLAND COUNTY, WASHINGTON          

                                                                       

                                                                                   Mac McDowell,   Chairman

           William F. Thorn, Member

ATTEST:                                                                   Mike Shelton,  Member

Margaret Rosenkranz, 

Clerk of the Board     BICC 00-644

 

HEARING SCHEDULED:  Ordinance #C-108-00 Establishing Surcharge on domestic Court Filing Fees & Marriage License Fees to Fund  Court Facilitator Program

 

The Board, by unanimous motion, scheduled a public hearing for November 27, 2000 at 1:50 p.m. to consider  Ordinance #C-108-00 Establishing s Surcharge on domestic Court Filing Fees and Marriage License Fees to Fund a Court Facilitator Program.

 

CONTRACT #HD-12-00 MEDICAID CLIENT OUTREACH

 

Having been approved by the Island County Board of Health on September 18, 2000, the Board by unanimous motion approved and signed Contract #HD-12-00 [RM-HLTH-00-0071] between Island County and The Opportunity Council to provide Medicaid client outreach services  for Island County residents, April 1, 2000 through June 30, 2001.    

           

HEARING HELD:  Resolution #C-101-00 (SW-03-00) Adopting the Island County Comprehensive Solid Waste and Moderate Risk Waste Management Plan

 

A Public Hearing, as scheduled and advertised, was held at 10:15 a.m. to consider proposed  Resolution #C-101-00 (SW-03-00)  Adopting the Island County Comprehensive Solid Waste and Moderate Risk Waste Management Plan.                      

 

Dave Bonvouloir, Solid Waste Manager, presented the Resolution summarizing same to be the final  step  in adoption of the Comprehensive Solid Waste and Moderate Risk Waste Management Plan  under preparation the last 18 months.  The document outlines plans for the next six years and as already been adopted by the City of Oak Harbor, City of Langley and Town  of Coupeville, and preliminarily approved by the State Department of Ecology.

 

No one from the public was present to comment either for or against said resolution.

 

By unanimous motion, the Board approved Resolution #C-101-00 (SW-03-00)  Adopting the Island County Comprehensive Solid Waste and Moderate Risk Waste Management Plan.                     

                       

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

In The Matter of Adopting the Island

)

RESOLUTION C-101-00

COUNTY COMPREHENSIVE SOLID WASTE  AND

)

           SW-03 -00       

MODERATE RISK WASTE MANAGEMENT PLAN

)

 

 

WHEREAS, RCW 70.95 assigns responsibility for solid waste management to local governments, and each unit of local government is required to prepare and maintain in current condition a Comprehensive Solid Waste Management Plan in accordance with RCW 70.95.080 and 70.95.110; and

 

WHEREAS, RCW 70.105 assigns primary responsibility for moderate-risk waste management to local governments, and each unit of local government is required to prepare a local moderate-risk waste management plan in accordance with RCW 70.105.220; and

 

WHEREAS, the Island County Solid Waste Advisory Committee, including representatives of the Cities of Oak Harbor, Langley and the Town of Coupeville, jointly   participated in the preparation of the of the plans in accordance with RCW 70.95.165(3) and recommended approval of the Draft Final Island County Comprehensive Solid Waste and Moderate-Risk Waste Management Plan dated June 2000 on June 2, 2000; and

 

WHEREAS, the Oak Harbor City Council reviewed the Draft Final Plan dated June 2000 and received public comments on September 5, 2000, and by motion conditionally approved the Draft Final Plan dated June 2000; and

 

WHEREAS, the Coupeville Town Council and the Langley City Council reviewed the Draft Final Plan dated June 2000 and received public comments on October 10th and 20th , 2000 respectively and by motion acknowledged the Oak Harbor conditional approval of the plan and approved the Draft Final Plan dated June 2000.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Island County Commissioners that the Draft Final Comprehensive Solid Waste and Moderate-Risk Waste Management Plan dated June 2000, be adopted pursuant to RCW 70.95 and RCW 70.105.

 

Reviewed this 9th day of October, 199____2000 and set for public hearing at 10:15 a.m.  on the 6th  day of November, 199___.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 00-600

 

APPROVED AND ADOPTED this 6th day of November, 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 HELD:   Resolution #C-102-00 (SW-04-00) Reducing Solid Waste and Septage Tipping Fees for the Years 2001-2003

 

A Public Hearing, as scheduled and advertised, was held at 10:20 a.m. to consider proposed  Resolution #C-102-00 (SW-04-00) In the Matter of Reducing Solid Waste and Septage Tipping Fees for the Years 2001-2003

 

Mr.  Bonvouloir presented and summarized said Resolution, an outgrowth of the completion of the Comprehensive Solid Waste and Moderate Risk Waste Management Plan, a reduction of solid waste and septage tipping fees for the years 2001-2003.

 

No one from the public was present to comment either for or against said resolution.

 

By unanimous motion, the Board approved Resolution #C-102-00 (SW-04-00) In the Matter of Reducing Solid Waste and Septage Tipping Fees for the Years 2001-2003

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF REDUCING       )

SOLID WASTE AND SEPTAGE           )     RESOLUTION NO. C-102-2000

TIPPING FEES FOR THE YEARS      )                           SW- 04 - 2000                                  

2001-2003                                              )

 

            WHEREAS, a three-year Rate Study for the Island County Solid Waste Program was recently completed which, after projecting future revenues and expenditures,  recommends reduced solid waste and septage rates;  and

 

             WHEREAS, the Island County Solid Waste Advisory Committee has recommended approval/adoption of said study; and

 

            

 

            WHEREAS it is the desire of the Board of Commissioners and the Department of Public Works to pass savings on to solid waste rate payers including a price decrease in solid waste and septage rates.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the schedule for Solid Waste & Septage Disposal Rates attached as “Exhibit A,”  shall be in effect from  January 1, 2001 through December 31, 2003.

 

Reviewed this 9th day of October, 2000 and set for public hearing at 10:20 a.m.  on the 6th day of November, 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 00-601

APPROVED AND ADOPTED this 6th day of November, 2000 following public hearing.

 

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

[Note:  copy of Exhibit A has been placed on file with the Clerk of the Board]

 

GRant of Drainage Easement  for Freeland Outfall Project

 

Lew Legat, County Engineer, presented for Board approval, Grant of Drainage Easement  for Freeland Outfall Project from owners Michael J. Gregory, Kathleen A. Gregory, and Eric S. Carson; Parcel S6250-00-01006, Plat of Dutch Hollow Terrace.  By unanimous motion, the Board accepted and approved the Grant of Drainage Easement as presented.

 

United Methodist Church Parking Lot Lease – Addendum  5

 

On recommendation of Mr. Legat, the Board by unanimous motion approved Addendum #5 to the United Methodist Church Parking Lot Lease to renew the lease for ten years, expiration to be in year 2010.

 

Stormwater Mitigation Agreement –  Holmes Harbor
Golf & Yacht Club, Division  6

 

By unanimous motion, the Board accepted and approved Stormwater Mitigation Agreement from  Robert D. and Cherrella Monteith,  Lot 19, Block 4, Holmes Harbor Golf & Yacht Club, Division No. 6.

 

Purchase & Sale Agreement – Terry’s Corner future park and ride

 

Mr. Legat advised  that the Board recently  signed agreement with the State identifying how the State and County would work together to create a park and ride lot at Terry’s Corner, Camano Island, and approved and signed an agreement with a consultant to proceed with design work.   He now presented for the Board’s approval  a Purchase & Sale Agreement for a future park and ride lot located in the vicinity of  Terry’s Corner for a total of five acres, the  South Half (S ½) of Southwest Quarter (SW ¼ ) of Section 20, Township 32N, Range 1E., Camano Island.  Immediately on the Board’s approval of this the County will bill the State for County work on this agreement working on behalf of the State.

 

By unanimous motion, the Board approved l  the  Purchase & Sale Agreement between Island County and Brown and Cole, Inc.  for a future park and ride lot located in the vicinity of  Terry’s Corner , South Half (S ½) of Southwest Quarter (SW ¼ ) of Section 20, Township 32N, Range

 

Contract/Performance Bond – Holt Drilling, Inc. -  Installation of 3 water quality monitoring wells IN vicinity of Coupeville

Solid Waste facility

 

Presented to the Board for  approval by Dave Bonvouloir, noting this was a project worked on over a year together with DOE as discussed with the Board in recent staff session related to the installation of three water quality monitoring wells in the vicinity of the County’s Coupeville Solid Waste facility.  The Contract is between Island County and Holt Drilling, Inc.,  in the amount of  $74,520 including SST.

 

By unanimous motion, the Board approved the contract with Holt Drilling, Inc., Milton, Washington, and accepted performance bond, for the   installation of three water quality monitoring wells in the vicinity of the County’s Coupeville Solid Waste facility, in  the amount of  $74,520 including SST.

 

Contract– Kreig Construction, Inc.; Installation of asphalt pad expansion at the Coupeville Solid  Waste Transfer Station

 

As presented and recommended for approval by Mr. Bonvouloir, the Board by unanimous motion approved a contract with Kreig Construction, Inc. for installation of  asphalt pad expansion at the Coupeville Solid  Waste Transfer Station, in the amount of $16,310.16 including SST.  There is no bond inasmuch as the contractor has  agreed to holding 50% reserve until all work completed.

 

HEARING HELD:   Ordinance #C-104-00 [PLG 032-00] Amending Chapter 17.03 ICC to comply with the Order of the WWGMHB relating to Freeland and Clinton

 

At 10:45 a.m. as scheduled and advertised, the Board  conducted a public hearing for the purpose  of considering Ordinance #C-104-00 [PLG 032-00] Amending Chapter 17.03 ICC to comply with the Order of the WWGMHB relating to Freeland and Clinton introduced by Phil Bakke, Planning Director, on October 16, 2000, and set for  public hearing  this date and time

[GMA doc. #5984].

 

Staff:                Phil Bakke; Jeff Tate

Public:              None

 

Mr. Bakke explained that this Ordinance was prepared to  amend Chapter  17.03 ICC to comply with the order of the Western Washington Growth Management Hearings Board relating to Freeland and Clinton.  On June 2, 1999 the WWGMHB entered Final Decision And Order including No. 9 requesting that the County reassess the designations, densities and uses allowed in the Freeland and Clinton RAIDS, to either:  do proper analysis, make provision for urban services and designate as a non municipal growth area; or b) restrict boundaries uses and other densities.  On November 8, 1999, the Board of Island County Commissioners adopted Ordinance #C-119-99 limiting development and uses and adopted  certain measures to protect possible future urban growth area designation.  On June 5, 2000, the Board of County Commissioners adopted Ordinance #C-50-00 and on July 17, 2000 adopted Ordinance #C-62-00 reducing RAID boundaries and amending Appendix A of the Island County Zoning Ordinance to modify those uses.  On October 12, 2000, the WWGMHB ruled that the County was in compliance with Final  Decision Order #9 accepting the revised RAID boundaries and development regulations for the Freeland and Clinton RAIDS. 

 

Therefore, Mr. Bakke requested that the interim zoning regulations adopted on November 8, 1999 in Ordinance #C-119-00, amended in Ordinance #C-62-00 now be made permanent regulations in the Island County Zoning Ordinance.  He confirmed that in no way did the ordinance preclude the urban growth area studies undergoing review in Freehand and Clinton.  In  the event that one or both of those committees recommend NMUGA status the committees would be recommending new development regulations and comprehensive plan language for each of those areas, and by that action would be replacing these provisions in Appendix A and Rural Center and Rural Zone designation criteria and land development standards found in 17.03 of ICC, and would also possibly modify the boundaries.  Making this a permanent ordinance will be a procedural thing to continue to be in compliance with the Growth Board’s decision and Order.

 

A letter was received by the Board of County Commissioners on November 6, 2000, dated November 5, 2000, from Steve Erickson, WEAN, [GMA doc. #       ] pointing out that in the Growth Board’s October 12, 2000 Decision the County was directed to limit development in areas A and B in the new Holmes Harbor RAID to preclude any further shoreline subdivision.   That change has not been accommodated in Ordinance #C-104-00.  However, the  Department has prepared a draft ordinance to address that item which is being forwarded to the Prosecuting Attorney’s Office today for review, proposed to be  presented to the Board next Monday for purposes of scheduling a future public hearing.

 

No members of the public were present to comment either for or against Ordinance #C-104-00.

 

By unanimous motion, the Board adopted Ordinance  #C-104-00 [PLG-032-00] Amending Chapter 17.03 ICC to comply with the Order of the WWGMHB relating to Freeland and Clinton  [Ordinance #C-104-00 as adopted entered as GMA doc. #              ].

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF AMENDING CHAPTER 17.03 ICC, TO COMPLY WITH THE ORDER OF THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD RELATING TO FREELAND AND CLINTON 

)

)         ORDINANCE C-104-00

)             PLG-032-00

)

)

)

WHEREAS, various parties filed petitions with the Western Washington Growth Management Hearings Board (“Board”) to review Island County’s adopted GMA Comprehensive Plan (“Comp Plan”) and Development Regulations; and

 

WHEREAS, the Board entered its Final Decision and Order on June 2, 1999 and its Decision on Reconsideration on July 8, 1999; and

 

WHEREAS, the Board found that the Freeland and Clinton RAIDs did not comply with the requirements of the GMA and remanded these matters to the County for further action; and

 

WHEREAS, the Board directed the County to take interim action, pending its urban growth area (UGA) decision for these two areas, to preclude the development of a pattern of low density sprawl and the permitting of urban growth without provision of urban services, and in response the Board of Commissioners adopted C-119-99 on November 8, 1999; and

 

WHEREAS, the County has established Advisory Committees for Freeland and Clinton to provide recommendations on whether to designate Freeland and Clinton unincorporated UGAs; and

 

WHEREAS, the committees have adopted work plans, adopted Phase I Existing Conditions Reports, and the County is negotiating contracts for infrastructure studies in each area; and

 

WHEREAS, in 1998, the County completed environmental review under Chapter 43.21C RCW, SEPA, on its Comp Plan and Development Regulations; and

 

WHEREAS, pursuant to WAC 197-11-600, the County SEPA official has determined that the proposed changes to Chapter 17.03 ICC relating to Freeland and Clinton are not likely to have significant adverse environmental impacts that were not considered in the environmental documents prepared for the Comp Plan and Development Regulations; and

 

 WHEREAS, the County adopted Ordinance C-50-00 on June 5, 2000, and C-62-00  on July 17, 2000, reducing the Freeland and Clinton RAID boundaries and amending the special conditions of development in the Freeland RAID; and

 

WHEREAS, based on the reduced RAID boundaries the County proposes the Interim zoning regulations adopted November 8, 1999 in Ordinance C-119-99, as amended by Ordinance C-62-00, July 17, 2000, now be made permanent; NOW, THEREFORE,

 

IT IS HEREBY ORDAINED in order to comply with the July 2, 1999 Order of the Western Washington Growth Management Hearings Board, the Board of Island County Commissioners hereby repeals C-119-99 and adopts the amendments to Chapter 17.03 ICC attached hereto as Exhibit A relating to Freeland and Clinton.  

 

BE IT FURTHER ORDAINED if the County establishes Freeland and/or Clinton as UGAs, implementing UGA regulations shall be adopted by the County replacing the amendments referenced above.

 

Reviewed this 16th day of October, 2000, and set for public hearing at 10:45 AM on the 6th day of November, 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 00-618

 

APPROVED AND ADOPTED this 6th day of November, 2000 following public hearing.

 

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

 

APPROVED AS TO FORM:

DAVID L. JAMIESON, JR.

Deputy Prosecuting Attorney

& Island County Code Reviser

 

[note: Exhibit A and Findings and Legislative Intent are on file with the Clerk of the Board]

 

Budget Workshop

 

At 1:30 p.m. the Board conducted a budget workshop for the purpose of review prior to bringing the matter before the Board next Monday for purposes of setting a public hearing.  Minutes from the budget workshop are on file in the Office of the Commissioners and Budget Director

 

With  no further business to come before the Board, meeting adjourned after Budget Workshop at 2:50  p.m., the Board to  meet  in  Regular Session on November 13, 2000 beginning at 9:30 a.m.

                                                                          BOARD OF COUNTY COMMISSIONERS

                                                        ISLAND COUNTY, WASHINGTON

 

                                                        ______________________________

                                                        Wm. L. McDowell, Chairman

 

                                                        _______________________________

                                                        William F. Thorn, Member

 

                                                        _____________________________

ATTEST:                                                               Mike Shelton,   Member

 

__________________­­­­­___________

Margaret Rosenkranz,  Clerk of the Board