ISLAND COUNTY COMMISSIONERS – MINUTES OF MEETING

REGULAR SESSION - FEBRUARY 5, 2001

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on February 5, 2001 beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with William F. Thorn, Chairman; Mike Shelton, Member; and Wm. L. McDowell, Member, present.

VOUCHERS AND PAYMENT OF BILLS

The following vouchers/warrants were approved for payment by unanimous motion of the Board:

Voucher (War.) # 92693 – 92944……………………… $ 402,507.29

Diking Improvement District No. 4…………………… $ 1,008.00

DID #4 …………………………………………………..$1,008.00

HEARING HELD: Ordinance #C-01-01 - Disestablishment of Island County Mental Health Services and Substance Abuse Advisory Board and Establishment of Separate Mental Health

Advisory Board and Substance Abuse Advisory Board

As scheduled and advertised, the Board opened a public hearing at 9:45 a.m. to consider proposed Ordinance #C-01-01. The ordinance would disestablish the currently existing Island County Mental Health and Substance Abuse Advisory Board and in its place establish two new separate advisory board: a seven member Mental Health Services Advisory Board and a nine member Substance Abuse Advisory Board.

Jackie Henderson, Island County Human Services Director, explained that the Board of County Commissioners would appoint the members of each new advisory board, and with regard to that matter, would bring the topic up for discussion with the Board during Wednesday’s staff session.

No one in the audience commented either for or against adoption of Ordinance #C-01-01.

The Board, by unanimous motion, adopted Ordinance #C-01-01.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

DISESTABLISHMENT OF

ISLAND )

COUNTY MENTAL HEALTH )

SERVICES AND SUBSTANCE ) ORDINANCE NO. C-01-01

ABUSE ADVISORY BOARD AND )

ESTABLISHMENT OF SEPARATE )

MENTAL HEALTH ADVISORY )

BOARD AND SUBSTANCE ABUSE )

/ADVISORY BOARD )[INSERT C-01-01]

WHEREAS, the combined Island County Mental Health Services and Substance Abuse Advisory Board (Advisory Board) was established by Resolution C-142-92 of this Board; and

WHEREAS, the Advisory Board has recommended that it be divided into two separate and distinct boards to better serve its advisory purposes, one board for mental health services and one board for substance abuse services; and

WHEREAS, to better coordinate the human services programs served by the Advisory Board, the current Advisory Board should be disestablished and two new boards should be established; NOW, THEREFORE,

IT IS HEREBY ORDAINED that the Island County Mental Health Services and Substance Abuse Advisory Board created by Resolution C-142-92 is disestablished, a new Mental Health Services Advisory Board is established as provided in attached Exhibit “A” and a new Substance Abuse Services Advisory Board is established as provided in Attachment “B”. This ordinance shall take effect March 1, 2001.

REVIEWED this 8^th day of January, 2001, and set for public hearing on the 5^th day of February, 2001 at 9:45 a.m. in the Commissioners’ Hearing Room.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William F. Thorn, Chairman

Mike Shelton, Member

Wm. L. McDowell, Member

Attest: Margaret Rosenkranz

BICC 01-016

Ordinance C-01-01 is adopted this 5^th day of February, 2001 following public hearing.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William F. Thorn, Chairman

Mike Shelton, Member

Wm. L. McDowell, 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” and Exhibit “B” on file with the Clerk of the Board]

H

Hiring Requests & Personnel Actions

As presented and explained briefly by Dick Toft, Human Resources Director, the Board by unanimous motion, approved the following personnel actions:

Dept/PAA # Description Action Eff. Date

Health

PAA 0172/01 Pub. Health Nurse .75 fte #2406.17 Personnel Action 2/5/01

Public Works

PAA #018/01 Watershed Proj. Mgr. 1 .75 fte #2266.01 New Position 2/5/01

PAA #021/01 Watershed Proj. Mgr. 1 .,75 fte #2266.03 New Position 2/5/01

PAA #020/01 Watershed Proj. Mgr. 1 .33 fte #2266.02 New Position 2/5/01

PAA #019/.01 Truck Driver 1 Bayview #2242.05 Replacement 2/5/01

Use and Occupancy AgreementS FOR Camano and South Whidbey Family Resource Centers between Island County and Catholic Community Services of Western Washington

As provided under cover memorandum dated January 22, 2001, by Lee McFarland, Assistant Director, GSA, the Board by unanimous motion, approved and signed Family Resource Center South Whidbey Use and Occupancy Agreement #RM-GSA-00-0106 and Family Resource Center Camano Use and Occupancy Agreement #RM-GSA-00-0107 between Island County and Catholic Community Services of Western Washington. Under the County’s Contract Review process, both Agreements were reviewed by Risk Management and the Prosecuting Attorney’s Office.

Intergovernmental Agreement between Is. CO. and I-Com

By unanimous motion, the Board approved and signed Intergovernmental Agreement between Island County and Island County Emergency Services Communications Center (I-COM) #RM-BOC-99-0081 pertaining to State Grant Contract #EM10367, representing FY2001 Operations Grant in the amount of $94,438 total state-reimbursable.

Agreement for Professional Services between Island

County and T. B. Enterprises

As submitted by the Island County Treasurer, Maxine Sauter, the Board by unanimous motion approved and signed, Agreement #RM-TREAS-00-25 for Professional Services between Island County and Bernice Bainbridge, d/b/a T. B. Enterprises, with contract amount not to exceed $1500.00 for the year 2001, and with correction of the date stated within the contract from January 22, 2001 to February 5, 2001. Chairman Thorn understood the Treasurer acknowledges this is not additional staff, rather this is a contract for the purpose of reviewing and servicing the property tax system for Island County and training various deputies in the Treasurer’s Office.

Activation Certificate, Reserve Account between

Island County and Pitney Bowes

Submitted for consideration under cover memorandum dated January 23^rd by Diana L. Vaughan, Assistant Director, Central Services Department, the Board reviewed and approved Pitney Works Reserve Account Agreement and Disclosure Statement, Agreement #RM-CENT-01-0010 between Island County Central Services and Pitney Works, and Reserve Action Certificate and Agreement and Disclosure Statement, Agreement #RM-TREAS-01-0011 between the Island County Treasurer and Pitney Works, for the new Paragon II Postage Machine. The reserve account has to be set up for deposits, the money held in this account until such time as it is transferred into the meter.

Resolution #C-123-01 In the Matter of Compliance with Governor’s Energy Supply Alert Order No. 01-02

The Governor issued a Proclamation declaring a state of energy supply alert under Chapters 43.06 and 43.21G RCW on January 26, 2001, finding that vital public services, particularly affordable electric power, are at risk; there exists a situation that threatens to disrupt or diminish the supply of energy to the extent that the public health, safety and welfare may be jeopardized; and that an energy supply alert exists within the State. Along with that proclamation and in compliance with the Governor’s Energy Supply Alert Order No. 01-02 attached to the Proclamation directing local governments to reduce electricity and natural gas use by 10%. In compliance with that proclamation and order, the Board, by unanimous motion, adopted Resolution #C-12-01 In the Matter of Compliance with Governor’s Energy Supply Alert Order No. 01-02.

[INSERT RES. #C-12-01]

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF COMPLIANCE )

WITH GOVERNOR’S ENERGY SUPPLY ) RESOLUTION #C-12-01

ALERT ORDER NO. 01-02 )

WHEREAS, the Governor of the State of Washington issued a Proclamation declaring a state of energy supply alert under Chapters 43.06 and 43.21G RCW on January 26, 2001, finding that vital public services, particularly affordable electric power, are at risk; there exists a situation that threatens to disrupt or diminish the supply of energy to the extent that the public health, safety and welfare may be jeopardized; and that an energy supply alert exists within the State; and

WHEREAS, the Governor’s Energy Supply Alert Order No. 01-02 attached to this Proclamation, directs state and local governments to reduce electricity and natural gas use by 10%; and

WHEREAS, the Governor’s Order further directs counties to implement effective conservation measures both to conserve energy as well as save money; and assign a management team member with the responsibility of implementing the Order.

NOW THEREFORE BE IT HEREBY RESOLVED, in accordance with the Governor’s declaration of State of Energy Supply Alert and Order No. 01-02, the Board of Island County Commissioners directs:

· Full compliance with the Governor’s Order No. 01-02 by Island County Elected Officials, Department Heads and all County employees

· The appointment of a Management Team to consist of Paul Messner, Maintenance Director, and Cathy Caryl, Central Services Director, responsible for implementing the Order, and that Island County Elected Officials and Appointed Department Heads have a responsibility to support the management team in identifying and implementing electric energy savings.

BE IT FURTHER RESOLVED that this Resolution will remain in effect for the duration of the Governor’s Order and any extensions thereof, and when the Governor’s Order is canceled it will remain the responsibility of all County employees to conserve wherever possible both for preservation of resources and for reducing the costs of County operations, etc. Further, the Board calls on all Island County residents to participate and do whatever they can in conservation of energy, particularly electric energy, during this period.

ADOPTED by unanimous motion in open public session on February 5, 2001.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William F. Thorn, Chairman

Mike Shelton, Member

Wm. L. McDowell, Member

ATTEST: Margaret Rosenkranz,

Clerk of the Board

BICC 01-092

2% Hotel-Motel Lodging Tax – Tourism Promotion,

2001 Program Year Contracts

Per the Island County Public Facilities fund 2% Hotel-Motel Lodging Tax – Tourism Promotion 2001 Program Year Projects and Activities approved by the Board on December 11, 2000, the Board, by unanimous motion, approved and signed six agency contracts for approved projects: [remainder to follow at subsequent meetings]

Camano Island Chamber of Commerce, Visitor Information Center Staffing $ 5,600

Cascade Loop Association, “The Cascade loop Travel Guide” marketing program 600

Greater Oak Harbor Chamber of Commerce, Tourism Marketing program 11,500

Island District EDC, Off-season Tourism Marketing program 10,000

Langley South Whidbey Chamber of Commerce, Tourism Marketing and

fulfilmentfulfillment program – visitor information center 11,000

Whidbey Arts Foundation, Oak Harbor Dixieland Jazz Festival 1,200

Approval of County-designated Mental Health Professional

Having received verification from Jackie Henderson, Island County Human Services Director, that Troy H. Husband and Sandra Whitcutt meet requirements of RCW 71.24 and WAC 275-57 and are eligible to be appointed to serve as County Designated Mental Health Professionals, the Board by unanimous motion appointed both those individuals as County Designated Mental Health Professionals, with designation to cease upon notification of termination by the County Commissioners or upon termination of employment with the Community Mental Health Agency.

HEARING HELD: Franchise #165(1)R, Sierra Vista ASSN. - renewal of an existing water distribution system, CAMANO Island

As advertised, the Board opened a public hearing beginning at 10:20 a.m. on Franchise Application #165(1)R by Sierra Vista Association, a renewal of an existing water distribution system located in County Roads known as East Camano Dr., Karen Way, Viewmont Place, Newell Road, Janet Avenue, Sierra Park Lane; NE ¼ Sec 10, Twp, 30N, Rge 3E, Camano Island.

A recommendation of approval was provided as outlined by Lew Legat, County Engineer, in his Memorandum to the Board dated December 21, 2000, after his review of the application. All departments requested to comment on the application have responded with no objections to the renewal.

Other than the Public Works Director and County Engineer, no one was present in the audience to comment either for or against the Franchise Application renewal.

By unanimous motion, the Board approved Franchise Application #165(1)R by Sierra Vista Association.

PUBLIC HEARING SCHEDULED: ORDINANCE #C-13 -01 (PLG-003-01)

IN THE MATTER OF AMENDING THE LANGLEY JOINT PLANNING

AREA AND

URBAN GROWTH AREA BOUNDARIES

Phil Bakke, Planning and Community Development Director Director, along with Jeff Tate, Planning Manager, introduced proposed Ordinance #C-13-01 (PLG-003-01) in the matter of Amending the Langley Joint Planning Area and Urban Growth Area Boundaries, for purposes of scheduling a public hearing [GMA record #6286______].

By unanimous motion, the Board scheduled a public hearing to consider Ordinance #C-13-01 (PLG-003-01) in the matter of Amending the Langley Joint Planning Area and Urban Growth Area Boundaries on February 26, 2001 at 2:45 p.m.

EXECUTIVE SESSION

The Board met in Executive Session, as allowed under R.C.W. 42.30.110 (1) (i), beginning at 11:00 a.m. in the office of the County Commissioners, 502 N. Main Street, Coupeville, to

discuss with legal counsel pending litigation. The Chairman announced that the session would last approximately one half hour and he did not expect any announcement later during open public session.

PUBLIC MEETING - consider management strategies to protect plant species identified by the Board of Commissioners

The Board opened a Public Meeting at 1:30 p.m. as scheduled, having been continued from the Public Hearing held on January 22, 2001, to consider management strategies needed to protect those plant species identified by the Board of Commissioners. On January 22^nd public testimony was taken and concluded. At this time, since changes were being brought forward today, Chairman Thorn announced that even though the Board stated that public testimony had been concluded after the hearing held on January 22, 2001, the Board would in fact take public testimony today after Staff presentation.

Attendance:

Staff: Phil Bakke; Jeff Tate

Public: Approximately 15 [Attendance Sheet GMA #6287________]

Hand-outs Provided:

February 2, 2001 memorandum to the Board from Jeff Tate regarding History

of Grasser’s Hill and the Blue Flag Iris GMA record #6289________

Proposed Ordinance [revised since 1-22-01 hearing] PLG-003-01

GMA doc. #__________6288

Staff Presentation

Jeff Tate recalled that at the January 22^nd hearing a number of issues had been raised and at the Board had continued the o hearing to this public meeting, to allow an opportunity for further review and to answer various questions that had been raised. Grasser’s Hill property owners with Blue Flag Iris on their property had expressed concerns over the County adopting an ordinance pertaining to the Blue Flag Iris in light of things they were already doing on their properties to protect the iris. These property owners were interested in receiving suggestions about management to ensure continuation of the Blue Flag Iris, but were concerned with the way the proposed ordinance read, particularly because that for any proposed activity this would require an added burden of submitting a Biological Site Assessment and/or Habitat Management Plan. Another issue was whether the Blue Flag Iris was native to Grasser’s Hill.

Based on testimony at that hearing staff was asked to look into the history of the Blue Flag Iris on Gasser’s Hill. Mr. Tate contacted some property owners who had a long-standing history of Grasser’s Hill [either owning property on Grasser’s Hill, having worked on the property or having relatives on Grasser’s Hill] and his February 2^nd Memo contains that information in detail. In summary:

Resident #1. Does not live on Grasser’s Hill but worked the land for a number

of years as a farm hand in the 1950’s; was told by the farmer who leased the

land that the Blue Flag Iris was brought to Grasser’s Hill.

Resident #2. Family member of the people who settled Grasser’s Hill but

did not have much information to offer and could not recall whether the plant

was native or not.

Resident #3. An 85 year old resident remembered as far back as 10 years old

remembering the Iris (1925).

Resident #4. Stated the Iris was native to Grasser’s Hill. Relayed details of his

knowledge as well as from his ancestors, and stated that his mother used to go

through the fields in the 1890’s and pick the flower.

Staff on February 1^st met with the Grasser’s Hill property owners, Rob Harbour, Manager, Ebey’s National and Don Meehan, Extension Agent, WSU, to come up with a voluntary management plan for Grasser’s Hill, and discussions focused on what kind of options would work for the participants as well as the County, and the Blue Flag Iris. After hearing the property owners explain the steps they were already taking to protect the Blue Flag Iris and control invasive weeds, it was evident to staff that property owners were already taking some measures to protection the plant and overall, valued the plants and wanted to keep the plants there. There was no effort on the part of the property owners to eradicate the species by any of their actions. Some of the property owners have allowed people to gather seeds for propagation elsewhere, and had done some transplanting, as well as mowing to control the hedge rows that are a threat to the Blue Flag Iris. There is concern on the part of the property owners about additional County regulations because they already come under County regulations, Historic Reserve and the scenic easements placed on their property. As an alternative to another County regulation, consensus of the property owners [all but one or two were present at the meeting] was that restrictions, language, or some type of management plan be worked into the existing scenic easement with National Parks Service.

Mr. Tate pointed out that the proposed ordinance presented today had been revised since the last hearing and he referred to Exhibit A, Page A-1, 17.02.110.C. #8, which states:

Lan