ISLAND COUNTY COMMISSIONERS   -  MINUTES OF MEETING

REGULAR SESSION  -  NOVEMBER 27, 2000

 

The  Regular Meeting of the Board of Island County Commissioners was held on November 27, 2000, beginning at 11:00 a.m. with an executive session; 11:30 a.m.  Roundtable  with Elected Officials,  followed by other  meeting items as listed on the Agenda scheduled for 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.

 

EXECUTIVE SESSION

 

The Board met in Executive Session beginning  at 11:00 a.m. to meet with the County’s legal counsel  to discuss pending litigation, as allowed under R.C.W. 42.30.110 (1) (i).  The meeting lasted approximately 25 minutes, with no  announcement  made on return to open public session at 11:30 a.m.

 

Roundtable Meeting with Island County Elected Officials

 

Attendance

Elected Officials:   Tom Baenen; Robert Bishop; Marilee Black; Mike Hawley;  Suzanne Sinclair; Maxine Sauter

            Others:  Margaret Rosenkranz

 

UPDATE:  REVALUATION AND I-722

 

Status  report provided by Mr. Baenen   regarding the  effect of  I-722  as relates to valuation.  Some 20,000 valuation notices have been printed out of 60,000 to be mailed Thursday.    The notices comply  with I-722 and are consistent with Referendum 47.   At this point, he understands that the challenge to I-722 scheduled to be heard tomorrow has been rescheduled for December 1st.    According to the Department of Revenue, if by  December 7th the Judge has not ruled  counties must implement I-722. The  total valuation $7,676,134,539.00; with limited assessed valuation that figure would drop by $500,000,000.00 in valuation because of the limit of 2%.     New construction this year is $150 million and by limiting that it would come out to about $146 million.  Senior citizen exemptions will be taxed one of three ways [whichever is the lesser amount]; qualifications relate to age and income.

 

ELECTION UPDATE

 

Ms. Sinclair indicated that there would be a  machine re-count Wednesday for the  U. S. Senate race and the Secretary of State race.    

 

            Roundtable adjourned 11:55 a.m. [because of December holidays, the next Roundtable

            will be held on January 22, 2001 at 11:30 a.m.]

VOUCHERS AND PAYMENT OF BILLS

 

The following vouchers/warrants were approved for payment by unanimous motion of the Board:           Voucher (War.) #       [______________________________________]

 

Veterans Assistance Fund: [emergency financial assistance to certain eligible  veterans; the names and specific circumstances are maintained confidential].   By unanimous motion, the Board approved Claim #V2K-18 in its entirety in the additional  amount of $264.20 for a total of $3174.20 as recommended by the Veterans Assistance Review Committee [claim approved for payment previously $2,910.00].  

 

Staff Session Schedule for December,  2000

 

The Board approved for distribution the Staff Session schedule for December, 2000, outlining

agendas for regular sessions scheduled on December 6 and 20, 2000,  beginning at 9:00 a.m.

 

Amendment 1-Interlocal Agreement with I-COM   RM-BOCC-00-0067-1

 

As a follow-on action to having approved a contract amendment to the contract between the County and the Washington  State Military Department, EM-19041-A on 8/28/00, changing eligible item dollar amounts within various categories [total remains the same] the Board at this time by unanimous motion approved and signed Amendment #1 to Interlocal Agreement with I-COM mirroring the change in State Contract  [E-1-1 operating contract]. 

 

HEARING SCHEDULED:  ORDINANCE #C-119-00 RE-ESTABLISHING FEES FOR JUVENILE DIVERSION SERVICES

The Board, by unanimous motion,  scheduled a public hearing for December 11, 2000 at 9:55 a.m. to consider proposed Ordinance #C-119-00 in the matter of re-establishing fees for Juvenile  Diversion Services. 

 

RFP Waiver for Substance Abuse Treatment Services


By unanimous motion, the Board  waived request for proposals under ICC 2.29.03 (B) (12)

for  Substance Abuse Treatment Services for the balance of the biennium from January 1, 2001 to June 30, 2001, necessitated because of the change in providers mid-contract.

 

Washington State Water Pollution Control Revolving Fund

Loan.  Authorization to Whidbey Island Bank to accept payments

 

Tim McDonald, Health  Services Director,  presented for approval of the Board authorization  for Whidbey Island Bank to accept payments tendered under Promissory Note and Deed of Trust related to the On-Site Repair Financial Assistance  Program (Water Quality Assistance Fund).    The loan, in the amount of $9,610.50, is in  connection to a sewage system failure, and loan recipient Kirsten Moore meets eligibility criteria.  

 

The  Board by unanimous motion  approved and authorized the Chairman's Signature on  Washington State Water Pollution Control Revolving Fund  Loan to authorize  Whidbey Island Bank to accept payments tendered under Promissory Note and Deed of Trust  from Kirsten Moore.

 

Hearing Scheduled:   Ordinance  #C-120-00 Re-enactment of  Additional 2% Special Excise Tax on Lodging for Tourism Promotion

    

 

The Board by unanimous motion scheduled a  Public Hearing to consider proposed   Ordinance  #C-120-00 Re-enactment of Additional 2%       Special Excise Tax on Lodging for Tourism Promotion for  December 11, 2000 @ 9:55 a.m.

 

Resolution #C-121 -00  Proclaiming World AIDS Day December 1, 2000

 

Lea Kouba, AIDS Case Manager, Island County Health  Department, spoke on behalf of the Board’s proclamation December 1, 2000 as World AIDS Day, which is an  opportunity to remind the public of the AIDS epidemic in a meaningful way.

 

By unanimous motion, the Board adopted Resolution #C-121-00 proclaiming  World AIDS Day December 1, 2000.

 

BEFORE  THE BOARD  OF COUNTY COMMISSIONERS

ISLAND COUNTY,  WASHINGTON

 

IN THE MATTER OF PROCLAIMING    ]                  P R O C L A M A T I O N

            WORLD AIDS DAY DECEMBER 1, 2000 ]                  RESOLUTION #C-121-00                                                                                                                     

                                               

     WHEREAS, the global epidemic of HIV infection and AIDS requires a worldwide effort to increase communication, education and action to stop the spread of HIV/AIDS; and,

 

     WHEREAS, the joint United Nations Program on HIV/AIDS (UNAIDS) observes December 1 of each year as WORLD AIDS DAY, a day to expand and strengthen the  worldwide effort to stop the spread of HIV/AIDS; and

 

     WHEREAS,  UNAIDS estimates that 34  million people are currently living with HIV/AIDS, with young people under the age of 25 accounting for at more than half of all new infections; and

 

    WHEREAS, the American Association for World Health is encouraging  better understanding of the challenge of HIV/AIDS nationally as it , recognizes that the number of  people diagnosed with HIV and AIDS in the United States continues to increase, with 850,000 people in the U.S. now infected;  and

 

     WHEREAS, World AIDS Day provides an opportunity to focus local, national and international attention on HIV infection and AIDS and to disseminate information on how to prevent the spread of HIV; and

           

        WHEREAS,  because men represent the majority of people living with HIV/AIDS, the World AIDS Day 2000 theme, AIDS:  All Men—Make a Difference!, urges all men to increase their awareness of the risk of HIV/AIDS for themselves, their partners and their children and to use their influence in their families amount their friends and in their communities to help stem the tide of the HIV/AIDS epidemic. NOW, THEREFORE, .                                     

 

         BE IT HEREBY PROCLAIMED that the Board of Island County Commissioners do hereby declare  December 1, 2000 as  WORLD AIDS DAY,  and encourage Island County citizens to take  part in activities and observances designed to increase awareness and  understanding  of HIV/AIDS as a global challenge, and to join in the global effort to prevent the further spread of HIV/AIDS.

 

         ADOPTED this 27th day of November, 2000.

                   

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

                                                                        Wm. L. "Mac" McDowell,  Chairman

                                                                        William F. Thorn,   Member

                                                                        Mike Shelton,  Member 

ATTEST:      Margaret Rosenkranz, Clerk of the Board

BICC 00-686

 

HEARING HELD:  Ordinance #C-108-00       Establish Surcharge on Domestic Court Filing Fees and Marriage License Fees to Fund a Court Facilitator Program

 

A Public Hearing was held as scheduled and advertised to consider proposed  Ordinance #C-108-00 Establishing  a Surcharge on Domestic Court Filing Fees and Marriage License Fees to Fund a Court Facilitator Program. 

 

Delilah George, Superior Court Administrator, presented the ordinance and spoke in support of the Board’s adoption of the proposal.    The  ordinance would add a $10.00 surcharge to the filing fee in Superior Court for all domestic relations cases and other cases filed under Title 26 RCW, and  add a $15.00 surcharge to the marriage license fee in Island County.  Those fees would be used to establish a Superior Court Facilitator Program to assist unrepresented litigants accessing the court system in domestic relations cases and other cases filed under  Title 26 RCW.  Based on ability to pay, the Court could impose a user fee of up to $50 per visit with the court facilitator.  This program in the State began with a pilot site  in 1993 with 7 counties participating.  Now 29 counties in Washington State have a Court Facilitator Program.    This year through October 31st,  370 dissolutions have been filed in Island County; of that number 213 have been unrepresented, pro se’ litigants.   Marriage licenses to date through October 31st total 451.  The State has been involved with Project 2001 and made some 40 recommendations to the courts about  how to make courts more accessible and user- friendly; this  project is one that has been  recommended for all counties  in the State.  

 

Vickie Churchill, Superior Court Judge, further explained this proposal was an  attempt to provide equal access to justice for all people.  Many people are unable to access the court system  because they do not understand it.  The facilitator program  would help alleviate that problem.     It is envisioned that the facilitator would work one day a week, and the County’s budget for 2001 includes funding for that amount.  Plans are to duplicate the self-help center on Camano Island for  availability of forms.

 

No one else was present in the audience to speak either for or against the proposed Ordinance.

 

The Board by unanimous motion, adopted  Ordinance #C-108-00 Establishing  a Surcharge on Domestic Court Filing Fees and Marriage License Fees to Fund a Court Facilitator Program. 

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

ORDINANCE ESTABLISHING A SURCHARGE ON                    )

DOMESTIC COURT FILING FEES AND MARRIAGE                  )    ORDINANCE NO. C-108-00

 LICENSE FEES TO FUND A COURT FACILITATOR       )

PROGRAM                                                                           )

 

            WHEREAS, issues of domestic litigation are extremely stressful to the involved litigants and can be truly traumatic for children and families; and

            WHEREAS, dissolutions, domestic case modifications, domestic violence issues, adoption and paternity cases are all areas where the public’s experience with the judicial system can be made more pleasant by improving on the manner in which services are delivered and litigants prepare for the presentation of their cases in court; and

 

            WHEREAS, preparation for court appearances is particularly difficult for the growing number of litigants who elect self-representation, or pro-se appearances, causing a marked increase in the time spent by court staff in assisting the public with a variety of service needs; and

 

            WHEREAS, a courthouse facilitator program, the function of which is to assist unrepresented litigants accessing superior court domestic relations cases or other filings under the provision of Title 26 RCW, has proven to be a successful tool in alleviating the burden of service delivery on court employees by simplifying and streamlining the court process for litigants; and

 

            WHEREAS, in 1991 this Board adopted Resolution C-166-91 increasing the marriage license fee by eight dollars, pursuant to the authority of RCW 26.12.220, for the purpose of funding family court or family court services; and

 

WHEREAS, in 1993 the Washington State Legislature enacted RCW 26.12.240 which authorizes the legislative authority of any county to impose user fees or a surcharge of up to ten dollars, or both, on those superior court cases filed under Title 26 RCW and the Legislature amended RCW 26.04.160 to authorize the county legislative authority to impose an additional fee of up to fifteen dollars on a marriage license for the purpose of funding family services; and

 

            WHEREAS, the Island County Office of the Superior Court has requested that the Island County Board of Commissioners consider the adoption of an ordinance which would establish a Courthouse Facilitator Program and authorize the collection of domestic filing surcharges and additional marriage license fees to defray the cost of the program; NOW, THEREFORE,

 

BE IT ORDAINED by the Board of Commissioners of Island County that a surcharge is hereby imposed upon the filing of all domestic relations cases and other cases under Title 26 RCW in Superior Court and that an additional fee of fifteen dollars is hereby imposed on a marriage license to establish and operate an Island County Superior Court Courthouse Facilitator Program in accordance with the provisions set forth on Exhibit “A” attached hereto.  The additional marriage license fee imposed by Resolution C-166-91 is reaffirmed by adoption of this ordinance and those provisions are codified in section 3.48.020 as set forth on Exhibit “A” attached hereto.  This ordinance shall take effect on January 1, 2001.

 

Reviewed this 6th day of November, 2000, and set for public hearing on the 27th day of November, 2000 at 1:50 p. m. in the Commissioners’ Hearing Room. 

 

                                                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 00-645

 

            Ordinance C-108-00  is adopted this 27th  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

 

APPROVED AS TO FORM:

David L. Jamieson, Jr.

Deputy Prosecuting Attorney and

Island County Code Reviser

EXHIBIT “A”

CHAPTER 3.48

SUPERIOR COURT COURTHOUSE FACILITATOR PROGRAM

 

3.48.010  Domestic Relations Filing Fee Surcharge - $10

A surcharge in the amount of ten dollars ($10.00) is hereby imposed upon the initial filing of all Island County Superior Court cases filed under Title 26 RCW, which fee shall be collected by the Island County Clerk, remitted to the Island County Treasurer and shall be maintained in a separate account as provided in RCW 26.12.240.

3.48.020  Additional Marriage License Fee - $8

There is hereby imposed upon the issuance of marriage licenses by Island County a fee of eight dollars ($8.00) in excess of the fees prescribed in RCW 36.18.010 and which shall be collected by the Island County Auditor, remitted to the Island County Treasurer and maintained in a separate account as provided in RCW 26.12.220. 

3.48.030 Additional Marriage License Fee - $15

There is hereby imposed upon the issuance of marriage licenses by Island County an additional fee in the sum of fifteen dollars ($15.00) in excess of the fees prescribed in RCW 36.18.010 and which shall be collected by the Island County Auditor, remitted to the Island County Treasurer and maintained in the separate account created by section 3.48.020 above.

 

3.48.040  Use of Surcharge Funds.

The funds collected by the surcharges and additional fees imposed by sections 3.48.010, 3.48.020 and 3.48.030 shall be used by the Island County Superior Court to establish and operate a Courthouse Facilitator Program for the purpose of assisting unrepresented litigants accessing the Island County Superior Court in domestic relations cases or other filings under the provisions of Title 26 RCW.

3.48.050 Fee for use of family court facilitator.

According to the litigant’s ability to pay, the superior court may impose a user fee not to exceed $50.00 per visit for use of the family court facilitator. Such fee shall be collected and remitted to the treasurer to be maintained in the separate account established under section 3.48.010 above.

 

Resolution #C-122-00/R-52-00 –  Annual Road Construction Program  year 2001 and proposed ER&R Fund Equipment Purchases 2001

 

The Board reviewed  Resolution  #C-122-00 (R-52-00),  Annual Road  Construction Program for year 2001 and proposed ER&R Fund Equipment Purchases for 2001, as presented by Larry Kwarsick, Public Works Director, and Lew Legat, County Engineer.   Mr.  Legat  handed out a revised Exhibit showing item #11,  East  Camano Drive/Cross Island signalization project  for an additional $220,000 approved through STP funding; and item #22, Doeskin Court project adding $230,000.  As explained by Dick Snyder, Construction Engineer, the previous attachment  had been sent in error from a 1997 document. 

 

By unanimous motion, the Board adopted Resolution #C-122-00 [R-52-00).  However, as a

follow-on  this is to be discussed at staff session with Public Works staff  specifically about  deletion of Arrowhead Road/North Camano Drive intersection.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF ADOPTION OF          )

THE ANNUAL ROAD CONSTRUCTION   )               RESOLUTION NO. C-122-00

PROGRAM FOR THE YEAR 2001                 )                                                    R-52-00

 

            WHEREAS, it is required by  RCW 36.81.130 that the Annual Road Construction Program be adopted prior to the Annual Budget; and

 

            WHEREAS, the Six-Year Transportation  Improvement Program was adopted at public hearing as required by law on June 26, 2000; and

 

            WHEREAS, the Board of County Commissioners  has reviewed the work accomplished under the current Six-Year Program to determine current needs in order to revise and extend the comprehensive road program; NOW, THEREFORE,

 

            BE IT HEREBY RESOLVED  that the attached list of projects as selected from the aforementioned  Six-year  Transportation  Improvement Program with 2001 Proposed Equipment

Purchases by ER&R Fund be adopted.

 

            PASSED BY UNANIMOUS VOTE AND ADOPTED this 27th 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 00-692               

                        [Attachment on file with the Clerk of the Board and Office of the County Engineer]

 

Standard Consultant Agreement PW0020-53 – GeoEngineers, Inc.; perform on-call geotechnical &  miscellaneous professional engineering services

 

As presented and recommended by the Public Works Director and staff, the  Board by unanimous motion approved Standard Consultant Agreement PW0020-53 with GeoEngineers, Inc. to perform on-call geotechnical and miscellaneous professional engineering services, for a maximum  amount payable of  $55,000.00. 

 

Easement & Covenant and Extinguishment of Prior Easement and Drainage & Access Easement and Covenants – Lawrence J. Gogenola; West Camano Drive drainage

 

On recommendation of the  Public Works Director  the Board by unanimous motion  approved Easement and Covenant and Extinguishment of Prior Easement and Drainage & Access Easement and Covenants with Lawrence J. Gogenola, West Camano Drive drainage,  Parcel S7715-00-00044, Plat of Pebble Beach, Camano Island.    The new easement would reduce construction costs, reduce requirements for tree removal, and is located within  a natural ravine.

 

 

Public HearingS HELD

Ordinance #C-94 -00 (PLG-018-00) Amending Chapters 17.03.260 & 17.02 ICC  Penalties and       Enforcement  and Ordinance #C-95-00 (PLG-019-00) Amending Chapter 16.26.090 ICC regarding 5-Year Review Procedures

 

A Public Hearing was held beginning at 2:45 p.m. on  Ordinance #C-94 -00 (PLG-018-00) Amending Chapters 17.03.260 & 17.02 ICC  Penalties and Enforcement  [GMA doc. #5972], and Ordinance #C-95-00 (PLG-019-00) Amending Chapter 16.26.090 ICC regarding 5-Year Review Procedures [GMA doc. #5973].

 

Attendance:   [Attendance Sheet GMA doc. #6038]

Staff:               Phil Bakke, Planning Director;  Jeff Tate, Planning Manager

 

Public:             John Graham, President, Citizens for Sensible Development (CSD), Langley

                         Chris Douthitt, Reporter, Whidbey News Times, Oak Harbor 

 

Mr. Bakke provided an introduction and opening comments, the two ordinances having come

about as a result of the  2000 annual review docket, and reviewed the  2000 annual review docket’s  6 applications  demonstrating the progress made this year; all but the two ordinances which are the  subject of this hearing have been taken care of.   The County began the process about three years’ ago to consolidate all land use enforcement procedures under one section, ICC 17.03.260, primarily to enhance predictability in  enforcement,  streamline enforcement regulations,  focus time and energy on one set of enforcement standards, and to aid the public and staff in  learning the standards.   At the time 17.03 was adopted enforcement standards for critical area standards in Chapter 17.02 were overlooked, and 17.02 was retained in its entirety in order to make it easier and facilitate review of applications  which were vested  under 17.02.   Critical area enforcement is now handled under the old enforcement standards in 17.02.

 

Ordinance #C-94-00 PLG-018-00  Penalties and Enforcement

 

Mr. Bakke summarized the three major items of the proposed Ordinance:

 

–        Move  enforcement authority of 17.02 into 17.03.260.  Page A-7-(1) is identical language now found in 17.02, shown in underline because only because it is new to Chapter 17.03.260.  When  reviewing this proposal initially,  the Planning Commission, Prosecuting Attorney and Planning staff  and Prosecuting  Attorney, had no proposed modifications to section (1).  

 

–        Page A-9, 17.02.110 [overlay zones] is the standardized language used in other sections.   

 

–        Page A-3 (E) (1) (d)  Assessment of civil penalty in the amount up to $5,000 for any critical areas or shoreline violations; and up to $1,000 for any other violations which occurs prior  to the issuance of the order.  This does not reflect a change in current code.  A $5,000 fine is current code under Chapter 17.02.  When 17.03 was adopted modification was made to the civil penalty section to set that at $1,000, but that did not get changed in 17.02, therefore it is recommended that language here. 

 

Mr. Bakke  went over each page of the exhibit to note any proposed change and briefly explain the reason for said change.

 

            Page A-1 

 

            First paragraph  add  “Chapter 17.02”

 

A.     Inspections

 

                        When the Prosecutor  re-reviewed this language, his suggestion was to add the

                         word “criminal” on A-2 and A-3. 

 

                        A-4 is all new language:  Island County Superior Court and District Court

                        shall have jurisdiction to issue inspection warrants under Island County

                        Land Use Codes.

 

The Planning Commission spent a good deal of time on Section A  and recommended striking  language “that creates an imminent and irreparable hazard “.  The question that came up with leaving that language was the difficulty with the Planning Director  being able to determine what kind of a violation would constitutes imminent and irreparable hazard. 

 

            Page A-2

 

            C.  Added sentence:  Continued violation of the provisions of an issued enforcement      order issued pursuant to Subsection E shall constitute notice.

 

Mr. Bakke explained that in  order  to do a criminal prosecution, the  individual would have had to have been given notice as of the violation; and  the  notice is defined as an  issued enforcement order.    Further, in order to take criminal action, the Planning Director has to go to the Board of County Commissioners and obtain authority for reference of the matter to the Prosecuting Attorney.  The Prosecuting Attorney will have to accept the referral and take on the case.    Enforcement orders are appealable to the  Hearing Examiner.

 

D.     Compromise with Planning Commission and John Graham to modify language to

            read that “Where a violation can be remedied or abated through a permit process   

            specified for the Use in question, up to 45 days may be allowed to make application for 

            any required permit before an Enforcement Order is issued”.