ISLAND COUNTY
COMMISSIONERS - MINUTES OF MEETING
Regular Session -
December 11, 2000
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on December 11, 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.
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher (War.) # 88385 - 88704
. . . . . . . . . . . . . . . . . . . .$ 419,376.42.
Veterans Assistance Fund: [emergency financial assistance to
certain eligible veterans; the names
and specific circumstances are maintained confidential]. As recommended by the Veterans Assistance Review
Committee, the Board by unanimous motion
denied in total Claim #V2K-19.
APPOINTMENTS AND
REAPPOINTMENTS TO VARIOUS COMMITTEES, COMMISSIONS AND BOARDS
The Board by
unanimous motion, made the following
appointments and reappointments:
Island
County Planning Commission
George Crampton – reappoint to a
four year term to 1/2/05, Commissioner District #2
Board
of Trustees, Camano Mosquito Abatement District
Candace Lowder, refilling
position vacated by Deborah Love, term
to January 1, 2002
Valerie Marsh, reappoint for another two year term to expire January 1, 2004
Grant Lawrence, reappoint for
another two year term to expire January 1, 2004
William “Bill” Enger, reappoint to
another two year term to expire January 1, 2004
Island
County Water Resource Advisory Committee
(WRAC)
William Attwater, Coupeville –
filling vacancy Commissioner District #1
Department Employee No. Years
Health Lea Kouba 5
Health Barbara Ream 10
Public
Works Melinda Buchholz 5
Sheriff Phillip Farr 10
Sheriff John Sawyers 5
Sheriff Cecil Wallace, Jr. 5
Congratulations to Kelly Whitney
from Community Development on her selection as the Employee of the Month for November. Kelly has worked for the County since September 1986 and is now
the Building Permit Processing Manager.
Kelly is regularly mentioned and complimented by citizens of the County
who have benefited from her help and who appreciated her prompt and courteous
assistance.
By
unanimous motion, the Board approved PAA #124/00, Public Works Department,
Working Foreman, I BV, Position #2235.01, Replacement, effective 1/1/01.
HEARING
HELD: Ordinance # C-119-00 Re-establishing
Fees for Juvenile Diversion Services
A
Public Hearing was held as scheduled and advertised for the purpose of
considering proposed
Ordinance
#C-119-00 Re-establishing Fees for Juvenile Diversion Services. Michael Merringer, Juvenile Services
Director, was present in support of the
Board’s action to approve Ordinance
#C-119-00.
No
members of the public were present to speak either for or against said
Ordinance.
By
unanimous motion, the Board adopted Ordinance #C-119-00 re-establishing fees
for Juvenile Diversion Services.
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
OF ISLAND COUNTY,
WASHINGTON
ORDINANCE RE-ESTABLISHING )
DIVERSION SERVICES )
WHEREAS,
Island County is required by law to provide diversion services for juveniles
accused of certain offenses; and
WHEREAS,
the Island County Juvenile Court Services diversionary unit incurs expenses in
administering the juvenile diversion program; and
WHEREAS,
the Board of County Commissioners is authorized by Chapter 171, Session Laws of
1993, to establish fees to cover the costs of administration and operation of
diversion services provided under RCW 13.40.085, which chapter also requires
the parent or legal guardian of a juvenile who receives diversion services to
pay for the services based on the parent’s or guardian’ s ability to pay; and
WHEREAS,
this Board adopted Ordinance No. C-161–99 on December 27, 1999 establishing
fees for juvenile diversion services; and
WHEREAS,
Initiative 722 was approved by the voters of this state on November 7, 2000
and that initiative repealed all non-voter approved new increased taxes and
fees adopted between July 2, 1999 and December 31, 1999; and
WHEREAS,
it is necessary to re-adopt an ordinance establishing juvenile diversion
fees following the Initiative 722 automatic repeal of C-161-99; NOW,
THEREFORE,
BE
IT ORDAINED by the Board
of Commissioners of Island County that the Juvenile Court shall re-establish
fees to cover the costs of the administration and operation of diversion
services provided under RCW 13.40.085, as set forth on the attached Exhibit
“A”, which is incorporated into the Island County Code.
Reviewed the 27th day
of November , 2000, and set for public
hearing on the 11th day of
December 2000, at 9:55 a. m. in
the Commissioner’s Hearing Room.
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
Ordinance C-119-00 is adopted this
11th day of December, 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
APPROVED AS TO FORM:
David
L. Jamieson, Jr.
Deputy
Prosecuting Attorney and
Island
County Code Reviser
EXHIBIT “A”
Chapter
3.44
SERVICE
FEES FOR JUVENILE DIVERSION SERVICES
Sections:
3.44.010 Purpose.
3.44.020 Fee schedule.
3.44.030 Current Expense Fund.
3.44.040 Severability.
3.44.010
Purpose. The purpose of this chapter is to authorize the juvenile court to assess
service fees to cover the costs of the administration and operation of juvenile
diversion services authorized by Chapter 171, Laws of Washington 1993, and RCW
13.40. Such service fees shall be the responsibility of the party or parties
requesting the service. No juvenile who is eligible for diversion, as provided
in RCW 13.40, may be denied diversion services based on an inability to pay for
the services.
3.44.020
Fee schedule. The juvenile court shall prepare and adopt a fee schedule charging no
more than fifty dollars ($50.00) per case to cover the costs of the administration
and operation of juvenile diversion services provided under chapter 13.40 RCW.
The parent or legal guardian of a juvenile who receives diversion services must
pay for the services based on the parent's or guardian's ability to pay. The
juvenile court is authorized to implement procedures, for cause, to waive all
or part of the fees based on an applicant's showing of bona fide hardship.
Collection of the service fee shall be the responsibility of the juvenile
court.
3.44.030
Current Expense Fund. The juvenile court shall cause any such fee so collected
to be placed into the current expense fund of the county no less than twelve
times per year, based on the requirements of State law and the application of
generally accepted principles of accounting.
3.44.040
Severability. If any court shall find any provision of this chapter or its application
to any person or circumstance to be unconstitutional or otherwise invalid such
findings shall not affect the validity of all remaining portions of this title
or the application of this title to other person or circumstances.
HEARING
HELD: Ordinance #C-120-00 Re-enacting
Additional Two Percent Special Excise Tax on Lodging for Tourism Promotion
A
Public Hearing was held as scheduled and advertised, for the purpose of
considering proposed Ordinance #C-120-00 Re-enacting Additional Two Percent
Special Excise Tax on Lodging for Tourism Promotion. Enactment of the ordinance necessary as a result of I-722.
Although
noticed and advertised, there as no members of the public were present to speak either for or against said
Ordinance.
By
unanimous motion, the Board adopted Ordinance
#C-120-00 re-enacting additional two percent special excise tax on
lodging for tourism promotion.
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
ORDINANCE
RE-ENACTING ADDITIONAL )
TWO
PERCENT SPECIAL EXCISE TAX ON
) Ordinance No. C-120-00
LODGING
FOR TOURISM PROMOTION )
____________________________________________)
WHEREAS,
by Ordinance C-154-99, December 20, 1999, this Board adopted an additional two
percent special excise tax on lodging to fund a joint tourism promotion program
with the Town of Coupeville, City of Langley and City of Oak Harbor; and
WHEREAS,
section 1(1) of Initiative 722 passed by the voters of this state at the
November 7, 2000 general election rendered non-voter approved new or increased
taxes adopted between July 2, 1999 and December 31, 1999 “null and void and of
no effect”; and
WHEREAS,
it is in the best interest of the citizens of the County that the new tourism
promotion program should be continued and that the additional lodging tax
should be re-enacted, ratified, approved and confirmed in all respects; NOW, THEREFORE,
IT IS HEREBY ORDAINED that the additional two percent special excise tax
levied on the sale or charge for lodging in Island County adopted by Ordinance
C-154-99, as set forth on Exhibit "A" attached hereto, is re-enacted, ratified, approved and
confirmed in all respects.
Reviewed this 27th day of November,
2000, and set for public hearing on the 11th day of December, 2000
at 9:55 a.m., in the Commissioners’
Hearing Room.
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
Ordinance C-120-00 is adopted this 11th day of December, 2000
following public hearing.
BOARD
OF COUNTY COMMISSIONERS
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
Additional Lodging Excise Tax for Tourism Promotion
3.06A.010 Tax Levy
Pursuant to RCW 67.28.181, there is hereby levied a special excise tax of two percent (2%) on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same.
3.06A.020 Definitions
The definitions of "selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter.
3.06A.030 Relationship to Other
Taxes.
The tax levied in this chapter shall be in addition to any license fee or any other tax imposed or levied under any law or any other ordinance of the county; provided that the rate of tax under ICC 3.06A.010 shall not exceed the lesser of two percent (2%) or a rate that, when combined with all other taxes imposed upon sales of lodging under chapter 67.28 RCW and chapters 36.100, 67.40, 82.08, and 82.14, equals twelve percent (12%).
3.06A.040 Special Fund Created
There is created a special fund with the Island County Treasurer entitled “Special Island County/Cities Joint Tourism Promotion Fund” and all taxes collected under this chapter shall be placed in this special fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as now or hereafter amended.
3.06A.050 Credit for City Tax
There shall be a credit against this county excise tax for the full amount of any city tax imposed pursuant to the authorization of RCW 67.28.181 upon the same taxable event.
3.06A.060 Administration
For the purposes of the tax levied in this chapter:
A. The Department of Revenue is designated as the agent of the county for the purposes of collection and administration of the tax.
B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply to administration and collection of the tax by the Department of Revenue.
C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference.
D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the Department may deem necessary and appropriate.
3.06A.070 Penalty for Violations
It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter. Every person convicted of a violation of any provision of this chapter shall be punished by a fine in a sum not to exceed $1,000.00 or by imprisonment for a term not to exceed ninety days or by both such fine and imprisonment. Each day of violation shall be considered a separate offense.
3.06A.080 Severability
If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.
3.06A.090 Effective Date
This ordinance is effective
December 31, 1999.
On
submittal and recommendation of approval from Lee McFarland, Assistant Director, GAS, the Board by unanimous motion
approved Clinton Commuter Parking Lot Agreement No. GCA 2427 between Island
County and the State of Washington and Washington State Ferries, an agreement
to allow the use of the County’s Dan Porter Park for oveflow ferry
parking.
As
recommended for approval by Mr.
McFarland, the Board by unanimous motion Resolution #C-128-00
authorizing the granting of a restrictive covenant on Parcel #S7395-01-0000C-0,
tract C, First Addition, Plat of Long Beach, as recorded Volume 5, page 2, Book
of Plats, and with that action, then approved and signed the Restrictive
Covenant, the grantee June Iverson-Orth.
The
property had been dedicated for use by the public at the time of plat. It is a near vertical bluff and in order to
allow adjacent property owners 100’ radius to well this declaration of surplus
property and granting of restrictive covenant was brought forward.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
IN THE MATTER OF
GRANTING )
A RESTRICTIVE COVENANT
ON ) RESOLUTION NO.
C-128-00
PARCEL #
S7395-01-0000C-0 )
WHEREAS, Island County owns
property, Lot C, Division 1, Plat of Long Beach, 1st Addition, due to it being dedicated for use by the
public when originally platted; and
WHEREAS, an adjoining property owner
desires to drill a well on their property; and
WHEREAS. the Island Health
Department requires a 100 foot radius pollution free area around any well; and
WHEREAS,
this 100 foot radius includes the County property, the adjoining property owner
requests that the County grant a Restrictive Covenant on subject property; and
WHEREAS,
subject property, labeled Hillside Park on the plat map, is a nearly vertical
bluff and is unusable for park or other public purposes and is therefore
surplus to County needs; and
WHEREAS,
Chapter 2.31.030.(A)(5) allows the Board of Island County Commissioners to
enter into private negotiations for sale of an easement, which is akin to a
restrictive covenant, for at least the minimum price set by the Board; NOW
THEREFORE,
BE
IT HEREBY RESOLVED, that the County property as shown on Exhibit “A” attached
hereto is surplus to County needs; and
BE IT FURTHER RESOLVED, that the requested Restrictive Covenant on
property as shown on Exhibit “A” attached hereto be granted (sold) for the
minimum price as set by the Board and shown on Exhibit “B” also attached
hereto.
ADOPTED
this 11th day of December,
2000.
ISLAND
COUNTY, WASHINGTON
Wm.
L. McDowell, Chairman
William
F. Thorn, Member
Mike
Shelton, Member
ATTEST:
Margaret Rosenkranz
Clerk
of the Board BICC 00-711
[Exhibit A and Exhibit B
on file with the Clerk of the Board]
Resolution
#C-129-00 Establishing Salaries for Non-Bargaining Unit Employees (Excluding
Elected Officials) for 2001
By
unanimous motion, the Board approved Resolution #C-129-00 Establishing Salaries
for Non-Bargaining Unit Employees (Excluding Elected Officials) for 2001.
|
IN
THE MATTER OF ESTABLISHING |
) |
|
|
SALARIES
FOR NON-BARGAINING UNIT |
) |
RESOLUTION C-129-00 |
|
EMPLOYEES
(EXCLUDING ELECTED |
) |
|
|
OFFICIALS)
FOR 2001 |
) |
|
WHEREAS,
the Board of Island County Commissioners finds that it is in the public
interest to make provisions for the 2001 salaries for department heads and all
non-bargaining unit employees (excluding Elected Officials) within the following
Island County Funds, to wit:
Current Expense,
Public Works, Road, Public Health Pooling,
Insurance Reserve, Solid Waste and Law & Justice.
WHEREAS, it is in the public interest to maintain
morale and compensation equity among county employees both represented and
non-represented; NOW, THEREFORE,
BE IT RESOLVED,
that the above listed shall be granted a cost of living adjustment equal to
3.0% of base salaries effective January 1, 2001; and
BE IT FURTHER RESOLVED, that department heads and all other
non-bargaining unit employees (excluding Elected Officials) may be granted
additional compensation adjustments during calendar year 2001, if approved by
the Board of County Commissioners.
ADOPTED this
11th day of December, 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 00-712 |
|
|
Resolution
#C-130-00 Amending Personnel Policies and Procedures Manual Section 2.01.073(H)
Providing Lump Sum Travel Allowance in
Lieu
of Actual Expenses to County Commissioners
By
unanimous motion, the Board adopted Resolution #C-130-00 amending the Personnel
Policies & Procedures Manual, Section 2.01.073(H) to provide for lump sum
travel allowance in lieu of actual expenses to County Commissioners from
$443.00 per month to $600 per month
effective 1/1/01.
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
POLICIES AND PROCEDURES
MANUAL )
SECTION 2.01.073(H)
PROVIDING LUMP SUM )
Resolution NO. C-130-00
WHEREAS, RCW 42.24.090 provides, in pertinent part, that counties may prescribe by resolution the amounts to be paid officers or employees thereof, as reimbursement to such officers or employees, in lieu of actual expenses incurred for travel expenses; and
WHEREAS, Island County Personnel Policies and Procedures Manual section 2.01.073(H), adopted by Resolution C-44-94, carried forward the amount of reimbursement for travel allowance in lieu of actual expenses paid to County Commissioners for their use of their privately owned vehicles for County business at the rate of $443.00 per month as first established by Resolution C-19-87F in 1987; and
WHEREAS, the Board of County Commissioners has determined that the existing rate of reimbursement is inadequate to cover the actual costs for private vehicle travel considering inflation of expenses since the existing amount was established in 1987 and that an appropriate rate of reimbursement should be $600.00 per month; and
WHEREAS, reimbursement of County Commissioners for use of their private vehicles for County business in the amount of $600.00 per month would be less costly to the County than providing County Commissioners with county owned automobiles for official travel; NOW, THEREFORE,
BE IT HEREBY RESOLVED that, effective January 1, 2001, Island County Personnel Policies and Procedures Manual section 2.01.073(H), adopted as part of Resolution C-44-94, June 6, 1994, be amended to read as follows:
H. Travel
Allowance – Any member of the Board of County Commissioners of Island County,
Washington, may elect to receive in lieu of actual expenses incurred for use of
his/her private vehicle for County business conducted within the County, and in
lieu of the use of a County car, a lump sum payment in the amount of four-hundred-forty-three
dollars ($443.00) six hundred dollars ($600.00) monthly. Additionally, reimbursement for County
business conducted outside the County may be applied for in the prescribed
manner, provided such claim shall be duly certified by the County Commissioner
submitting such claim on forms and in the manner prescribed by the Division of
Municipal Corporations in the office of the State Auditor, in accordance with
Section 2.01.075.
Material lined through is being deleted and material underlined is being added.
ADOPTED this 11th day of December, 2000.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm. L. “Mac” McDowell, Chairman
William F. Thorn, Member
ATTEST: Mike Shelton, Member
Margaret Rosenkranz
Clerk of the Board
The
Board, by unanimous motion, approved the following Health Department contracts:
·
Consolidated Contract Amendment, Department of
Health, C08611(5), $7,897
·
Contract, HD-14-00, Whidbey General Hospital,
Medicaid Outreach, $7,834
Award
of Projects and Activities Funded by Island County Public Facilities Fund 2%
Hotel-Motel Lodging Tax – Tourism Promotion 2001 Program Year
Based
upon the recommendation of the Hotel/Motel 2% Committee, the Board by unanimous
motion, awarded Projects and Activities
Funded by Island County Public Facilities Fund 2% Hotel-Motel Lodging Tax –
Tourism Promotion 2001 Program Year, in the total amount of $58,000.
ISLAND COUNTY PUBLIC FACILITIES FUND
2% HOTEL-MOTEL LODGING TAX – TOURISM
PROMOTION
2001 PROGRAM YEAR
PROJECTS & ACTIVITIES FUNDED BY 2%
TAX REVENUES
ORGANIZATION AMOUNT
CAMANO ISLAND CHAMBER
OF COMMERCE $ 5,600
Visitor
Information Center – staffing
CASCADE LOOP
ASSOCIATION 600
“The
Cascade Loop Travel Guide” – Marketing Program
CENTRAL WHIDBEY
CHAMBER OF COMMERCE 5,000
Tourism
Promotion, Production and Distribution of Printed Materials
CENTRAL WHIDBEY
CHAMBER OF COMMERCE 5,000
Tourism
Marketing & Fulfillment Program – Visitor Information Center
COUPEVILLE ARTS CENTER 2,500
Coupeville
Arts Center Fall Comprehensive Catalog of Workshops
FREELAND CHAMBER OF
COMMERCE 1,000
Freeland
Information Brochure – promotion
FREELAND CHAMBER OF
COMMERCE 4,600
Freeland
Visitor Information Center – annual operations
GREATER OAK HARBOR
CHAMBER OF COMMERCE 11,500
Tourism
Marketing Program of Island County
ISLAND DISTRICT
ECONOMIC DEVELOPMENT COUNCIL 10,000
Off-Season
Tourism Marketing Program – distribution activity
LANGLEY SOUTH WHIDBEY
CHAMBER OF COMMERCE 11,000
Tourism
Marketing and Fulfillment Program – Visitor Information Center
WHIDBEY ARTS
FOUNDATION 1,200
Oak Harbor Dixieland Jazz Festival
_______
T O T A L $58,000
APPROVED By BOARD OF ISLAND COUNTY COMMISSIONERS
DATE: December 11, 2000
Wm.
L. “Mac” McDowell, Chairman
William
F. Thorn, Member
Mike
Shelton, Member
ATTEST:
MARGARET ROSENKRANZ
CLERK OF THE BOARD
BICC 00-716
The
Chairman formally made an announcement
as a result of the Board’s
Executive Session held on
November 30, 2000: the Board has agreed
to go to Superior Court on those issues remanded by the Western Washington
Hearings Board recently.
Commissioner
Shelton recalled there were three remand issues, the primary one in the Board’s
opinion the extension of the AG BMPs to the rural zone. He believed very strongly that was a
critically important part of the County’s overall Comprehensive Plan. There was no other singular issue that had
more public input than AG BMPs. It was his opinion that public opinion was
overwhelmingly in support of extension of those BMPs to the rural zone. The record clearly shows that AG BMPs along
with setbacks for Type 5 streams and Category B wetlands public support.
Commissioner
Thorn echoed Commissioner Shelton’s comments on AG BMPs. He believed what the Hearings Board failed
to consider was all of the recommendations and changes that
were
made as a package as opposed to looking at them individually. When taken as a package he felt the County
had a consensus on the part of the community with very limited exception to
that, reasonable compromise that met everyone’s needs. The County had strong support from both
property rights members and from the environmental community in addition to
Board members’ own thinking about it.
Chairman McDowell’s comments involved the ability for existing farmers to continue somewhat in their way of past practices. Not allow the extension to all