ISLAND COUNTY COMMISSIONERS
MINUTES OF MEETING
REGULAR SESSION -
FEBRUARY 12, 2001
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on February 12, 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. By unanimous motion,
the Board approved and signed the following minutes:
January 22, 2001 Regular Session
January 26, 2001 Special Session
February 5, 2001
Regular Session
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher (War.) # 93032 – 93308…………………………….. $ 395,367.84.
Veterans
Assistance Fund: [emergency financial
assistance to certain eligible
veterans; the names and specific circumstances are maintained
confidential]. By
unanimous motion, Claim #V1-7 was denied in accordance with the
recommendation of the Veterans Assistance Review Committee.
Employee
Service Awards
Susie Walkwitz Clerk 5
Jeff Tate Planning 5
Ryan Neighbors Public Works 10
Marvin Messer Public Works 10
EMPLOYEE OF THE MONTH - JANUARY, 2001
Congratulations to Jeff Tate, Planning
Manager, from the Planning Department on his selection as the Employee of the Month for January.
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:
PAA No. Description
Position No. Action Eff. Date
PAA 022/01 Dep. Pros. Att-Dist Ct. #1805.00 Replacement 3/6/01
PAA 023/01 4-H Program Coord. #1201.00 Replacement 3/15/01
PAA 024/01 SW Attendant Sup. #226200 Personnel Action 2/12/01
PAA 025/01 Env. Health Spec. #2407.02 Replacement 3/1/01
2% Hotel-Motel Lodging Tax – Tourism Promotion, 2001
Program Year Contracts
By
unanimous motion, the Board approved and signed the remaining 2% Hotel-Motel Lodging Tax – Tourism
Promotion, 2001 Program Year Contracts in accordance with the Island County
Public
Facilities fund 2% Hotel-Motel Lodging
Tax awards for 2001 Program Year
Projects and Activities approved December 11, 2000:
Central
Whidbey Chamber of Commerce, Tourism
Promotion $ 5,000
Central
Whidbey Chamber of Commerce, Tourism Marketing/Fulfillment program 5,000
Coupeville
Arts Center, Fall Comp Catalog of Workshops 2,500
Freeland
Chamber of Commerce, brochure 1,000
Freeland Chamber of Commerce,
Visitor Center operation 4,600
public
hearing scheduled: Resolution #C-15-01
Establishing the Community Mental Health Facility Fund
By
unanimous motion, the Board scheduled a public hearing on February 26, 2001 at
1:45 p.m. for the purpose of considering
Resolution #C-15-01 Establishing
the Community Mental Health Facility Fund for collection of these funds and set
a budget for the 2001 year in the amount of $750,000.00.
Resolution
#C-16-01 Transferring Funds within various Budgets and Funds FOR Year End 2000
As
prepared and presented by the Budget Director, the Board by unanimous motion
approved Resolution #C-16-01 in the matter of
Transferring Funds within various Budgets and Funds for End of Year
2000.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
In
the Matter of Transferring Funds Within the 2000 Island )
County
Current Expense Fund Budgets, Alcoholism & Sub- )
Stance Abuse Fund Budget, Auditor’s O
& M Fund Budget, )
Construction
& Acquisition Fund Budget, Courthouse )
Expansion
Fund Budget, Conservation Futures Fund )
Budget,
Law & Justice Fund Budget, Drug Seizure Fund ) Resolution # C-
16 -01
Budget,
Equipment Rental & Revolving Fund Budget, )
Family
Resource Center-Camano Fund Budget, )
Family Resource Center-Camano Fund Budget, )
Family
Resource Center-Oak Harbor Fund
Budget, )
Harbor
Fund Budget, Family Resource Center-South )
Whidbey
Fund Budget, Mental Health Fund Budget, Public )
Works
Fund Budget and Treasurer’s M & O Fund Budget )
WHEREAS, all funds and department budgets are adopted
and fixed by the Board of County Commissioners for each fiscal year, with
expenditures listed in three general categories; Salary, Wages & Benefits,
Maintenance & Operation and Capital Outlay, and
WHEREAS, it is permissible to transfer between these
categories only by resolution of the Board, and
WHEREAS, various departments have requested transfers
of funds between portions of their budgets, and
WHEREAS, it is necessary to transfer between these
categories in order to cover for unexpected or heretofore unknown expenditures
in one category from other budget category excesses, or from budgeted
reserves, NOW THEREFORE
BE IT RESOLVED,
that funds will be transferred in the 2000 Fund Budgets per the attached
Exhibit A.
ADOPTED this 12th day of February,
2001.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William F. Thorn, Chairman
Wm. L. McDowell, Member
Mike Shelton,
Member
ATTEST: Margaret Rosenkranz, Clerk of the Board
BICC 01-108
[Exhibit A on file with the Clerk of the
Board]
Resolution
#C-17-01 Cancellation of Uncollectible Personal Property Taxes as of February,
2001
As
forwarded by the Island County Treasurer, Commissioner McDowell moved adoption
of Resolution #C-17-01, in the matter of
Cancellation of Uncollectible Personal Property Taxes as of February,
2001. Motion was seconded by
Commissioner Shelton.
On
further review and discussion, the Board
asked that the Treasurer provide information in her attachment to show the
actual dollar amount for each proposed
personal property write-off.
Motion tabled until February 26,
2001 meeting.
Claim for Damages
#R00-039CD by Julia L. Hodson
Betty
Kemp, Director, GSA/Risk Management, presented Claim for Damages #R00-039CD by
Julia L. Hodson, in the amount of $6,959.4, accompanied by Memorandum dated
February 8, 2001, detailing her recommendation of denial of the claim. Claimant in this case was not acting
as
a Guardian ad litem through the County’s volunteer program, rather was appointed
by the Court in accordance with
RCW 11.88.090, and professional individuals in this type of a situation are
usually paid from guardianship
funds. A lawsuit was instituted by a
relative that the guardian ad litem
represented, and in the process, the
claimant incurred substantial attorney bills and submitted a Claim for
Damages to the County.
The
Board agreed with the assessment and recommendation of Ms. Kemp and by
unanimous motion denied Claim for Damages #R00-039CD.
Emergency
Services Contracts Approved
On behalf of GSA/Emergency Services, the Board, by unanimous motion, approved and signed the following contracts
with the Washington State Military Department:
A)
EM 01-0344 Department of Justice (DOJ) Needs and Capability Survey $3500.00
B)
EM 01-0370 Terrorism Consequence Management Preparedness $5,000.00
C)
EM 01-0413 Hazardous Materials Emergency
Preparedness $3000.00
Supplemental Agreement
#2 – Real Property Taxation System Maintenance and Training
As submitted and recommended for approval by Cathy
Caryl, Director, Central Services Department, the Board by unanimous motion,
approved and signed Supplemental
Agreement #2 with TEC Services for Real
Property Taxation System Maintenance and
Training #RM-CENT-01-0016
extending term of contract for another two months, in the amount of $11,450.00 .
Response to Whidbey Camano Land Trust regarding a
potential donation of land to create a new county open space park
The Board, by unanimous motion, authorized and signed
the following response to the Whidbey Camano Land Trust’s Written Proposal of
February 6, 2001, regarding a potential
donation of land to create a new county open space park:
“This letter serves to
confirm and clarify the Island County Board of Commissioner’s response to the
Whidbey Camano Land Trust’s (WCLT) written proposal of February 6, 2001,
regarding a potential donation of land to create a new county open space park.
1. Island County is prepared to gratefully
accept a donation of either 38 acres or 120 acres as described in this
proposal, subject to a conservation easement retained by WCLT.
2. Island County is prepared to commit Fifty
Two Thousand Dollars ($52,000) of wetland mitigation funds (Road Funds) toward
this project and to make this funding available in advance of the proposed
transfer of the property to Island County.
A separate agreement will address the details of this transfer and
reiterate that Island County wetland mitigation funds may not be put at
risk in this proposed transaction.
3. Regarding the terms of the conservation
easement to be retained by WCLT, it is Island County’s understanding that the
intent is to keep the property in its scenic and natural condition as of the
date the conservation easement is granted to WCLT and to allow only primitive
improvements (trails, gravel parking area, informational kiosk, restroom
facilities) unless otherwise approved in writing by the WCLT. Likewise the removal of trees and vegetation
shall require the written consent of the WCLT. However, in the event certain
trees are determined to pose a threat to public safety, these trees may be
removed under the supervision of the WCLT. Use of the property shall be
restricted to non-motorized passive recreation such as hiking, picnicking,
environmental education etc. Under no
circumstances shall organized sports such as baseball, soccer, tennis, etc., be
considered as passive recreational
activity and no improvements to facilitate same shall be permitted without the
written consent of WCLT.
Consistent
with the goals and objectives of the County’s Wetland Mitigation program,
on-site wetlands and their associated
buffers may be enhanced/restored by Island County. That portion of the 38
acres lying easterly of Saratoga Road is currently occupied, in part, by
the abandoned County Road and
functioning surface water outfall system.
We have attempted to stabilize the shoreline slope through the placement of riprap upon and at
the toe of the slope and also by the control of drainage. Island County reserves the right to
maintain these features and to take whatever action may be necessary in the future to protect the
function of the road and outfall system.
If it is determined to be
necessary to relocate Saratoga Road in the future, Island County
similarly reserves such a right.
4. As
discussed on February 7, 2001, Island County will make its best effort, based
on available funding, to manage the
property and make primitive public use improvements (gravel parking area, gates, trash cans, information kiosk,
restroom facility). These improvements
shall be in accordance with the terms
of the WCLT conservation easement described above and shall be consistent with
a management plan to be cooperatively drafted by representatives of WCLT,
Island County and others. Moreover, it is Island County’s
understanding that a Friends of Saratoga organization will be created to assist
in raising funds for improvements and to organize volunteer efforts related to
the property.
5. To the extent Island County is awarded
Interagency for Outdoor Recreation (IAC) acquisition funds under a waiver of
retroactivity, Island County may only act in a lawful manner with respect to using these funds to acquire additional
lands adjacent to the property.
On behalf of the
Island County Board of Commissioners, we want to take this opportunity to
thank you for your February 6,
2001 proposal and wish you success in closing this exciting project. “
Consultant
Agreement - for Negotiation Services
As
presented by Lew Legat, County Engineer, the Board by unanimous motion approved
Consultant Agreement #RM-PW-002028B between Island County and
Certified Land Services Corporation for Rights-of-Way and Property Acquisition
Negotiation Services, in an amount not
to exceed $55,000.
WSDOT
Turnback Agreement TB 1-0147 – SR 525, Lake
Hancock
vicinity to Donahey Road
The
Board, by unanimous motion, approved Washington State Department of Transportation (WSDOT) Turnback Agreement #TB 1-0147 associated
with the SR525 Cameron Road to SR 20
WSDOT project 0L2742, R/W plan title SR 525 Lake Hancock vicinity to Donahey
Road. The State is expected to call for
bids in April for this project, located
directly north of Greenbank.
Once the State completes the project, the right of way will be turned
back to the County.
Resolution
#C-18-01(R-05-01) – Approving county road quit claim deed to WSDOT TO COMPLY
WITH HIGHWAY PROJECT AND BENEFITS DERIVED
BY
TRANSFER FOR WIDENING AND CONSTRUCTION OF ROAD
AND APPROVAL/SIGNATURE OF QUIT CLAIM DEED
The Board approved, by unanimous motion,
Resolution #C-18-01(R-05-01) approving County Road Quit Claim Deed to WSDOT [per Turnback Agreement #TB
1-0147] to comply with highway project
and benefits derived by transfer
for widening and construction of road
(portions of Ellwood Drive, Puget Drive,
Graymayre Road, Cox Street, Douglas Avenue, Ledgewood Beach Road, Hocker
Street, Donahey Road and portions of an undesignated street. By further motion adopted unanimously, the
Board approved and signed the Quit Claim Deed to WSDOT.
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
COUNTY ROAD QUITCLAIM DEED TO )
WSDOT TO COMPLY WITH HIGHWAY ) RESOLUTION C-18 -01
PROJECT AND BENEFITS DERIVED BY ) R-05-01
TRANSFER FOR WIDENING AND )
CONSTRUCTION OF ROAD
)
WHEREAS,
WSDOT has been coordinating with Island County for/in the widening of SR 525
with various improvements thereto, all for the benefit of the motoring public,
and in particular for the residents of Island County; AND a Quitclaim Deed to
WSDOT is required to clear title to portions of Ellwood Drive, Puget Drive,
Graymayre Road, Cox Street, Douglas Avenue, Ledgewood Beach Road, Hocker
Street, Donahey Road and portions of an undesignated street and all county road
right of way within the highway project limits of SR 525, Lake Hancock vicinity
to Donahey Rd.; with portions of said roads and streets to be turned back by
WSDOT to said Island County after completion of said project; and
WHEREAS,
Island County holds title to those portions of said roads and streets needed by
AND to be transferred to WSDOT for the widening and construction of said
highway project. And, after
construction, WSDOT will be responsible for any and all maintenance of said
portions needed for the project, NOW THEREFORE,
BE IT HEREBY RESOLVED,
that the Quitclaim Deed for transfer of portions of Ellwood Drive, Puget Drive,
Graymayre Road, Cox Street, Douglas Avenue, Ledgewood Beach Road, Hocker
Street, Donahey Road and county road right of way within the aforesaid project
limits is approved and that the undersigned County Commissioners are authorized
to sign, have notarized, and return said Quitclaim Deed to WSDOT, together with
a signed copy of this Resolution.
ADOPTED this
12th day of February, 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 01-114
BID
AWARD-Mechanized-filing system for Law & Justice Facility
The
Board approved recommendation of award of bid as presented by the County Engineer
and awarded bid, by unanimous motion, to
TAB Northwest, Federal Way, Wa., in the amount of $24,279.49, including
sales tax, for a mechanized filing
system for Law & Justice Facility.
Site
Plan Review SPR 158/97 by JPA
Enterprises, LLC - WindeRmere Real
Estate office in Freeland
Scott
Johns, Associate Planner, presented for final approval, Site Plan Review SPR
158/97, by JPA Enterprises, LLC, for the Windermere Real Estate Office,
Freeland, Wa., on Assessor Parcel #R22911-017-1240, in the SW ¼ of the SW ¼ of Section 11, Township 29 North, Range 2
East, W.M. As outlined in Mr. Johns’ Memo of
February 2, 2001, the SPR was
granted conditional preliminary approval on August 18, 1997. Staff reviewed the application for final
approval and determined all conditions of preliminary approval were met, and
that the site plan conforms to requirements established prior to December 1,
1998 in ICC 16.15. Staff therefore
recommend final SPR approval.
By
unanimous motion, the Board approved
final Site Plan Review SPR
158/97, by JPA Enterprises, LLC, Windermere Real Estate Office, Freeland,
Wa., as presented.
[Decision Document signed
and placed on file]
HEARING SCHEDULED:
Ordinance #C-19-01 (PLG-001-01)
In the matter of adopting Substantive Amendments to the Island County
Shoreline Master Program, Chapter 16.21 ICC, and Chapter 17.05 ICC
Phil Bakke, Planning and Community Development Director, and Jeff Tate, Planning Manager, introduced
proposed Ordinance PLG-001-01) In the matter of adopting Substantive Amendments
to the Island County Shoreline Master Program, Chapter 16.21 ICC, and Chapter
17.05 ICC, and recommended the Board
schedule the matter for public hearing.
Under cover memorandum dated February 7, 2001, Mr. Tate provided
Substantive Amendments to the Shoreline
Master Plan [GMA record #6292].
By unanimous
motion the Board scheduled a public
hearing to consider Ordinance
#C-19-01 (PLG-001-01) In the matter of
adopting Substantive Amendments to the Island County Shoreline Master Program,
Chapter 16.21 ICC, and Chapter 17.05 ICC,
on March 12, 2001 @ 1:30 p.m. [Ordinance #C-19-01 PLG-001-01 as
introduced and set for hearing, GMA #6291].
HEARING SCHEDULED:
Ordinance #C-20-01 (PLG-005-01)
Concerning Technical Amendments to the Island County Comprehensive
Plan Future Land Use Plan Map & Island County Zoning Atlas
As introduced by Mr. Bakke and Mr. Tate and recommended
for subsequent public hearing, the
Board by unanimous motion scheduled
Ordinance #C-20-01 (PLG-005-01) Concerning Technical Amendments to the
Island County Comprehensive Plan Future Land Use Plan Map and the Island County
Zoning Atlas for public hearing on
March 5, 2001 at 10:45 a.m. [Ordinance #C-20-01 PLG-005-01 as
introduced and set for hearing, GMA #6293].
Memorandum dated 2/8/01 from Jeff Tate regarding technical
corrections to the zoning atlas
accompanied
the proposed ordinance [GMA #6294].
INTERIM MEASURE ADOPTED: ORDINANCE #c-21-01 AND FUTURE HEARING SCHEDULED: Ordinance #C-21-01 (PLG-006-01) ICC 17.02.110 to comply with the
Invalidity Order of the Western Washington Growth management Hearings Board
regarding Type 5 Stream Buffers
The Board, by unanimous motion as an interim emergency
measure adopted Ordinance #C-21-01
(PLG-006-01) in the matter of ICC 17.02.110 to comply with
the Invalidity Order of the Western
Washington Growth management Hearings Board regarding Type 5 Stream
Buffers, and as required scheduled a subsequent public hearing on the matter for March 19, 2001 at 10:45
a.m. [GMA record #6295]
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN THE MATTER OF INTERIM AMENDMENT OF ICC
17.02.110 TO COMPLY WITH THE INVALIDITY ORDER OF THE WESTERN WASHINGTON
GROWTH MANAGEMENT HEARINGS BOARD REGARDING TYPE 5 STREAM BUFFERS |
) )
ORDINANCE C-21-01 )
PLG-006-01 ) ) ) ) |
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
WHEREAS, the Board found the Type 5 Stream
Buffer provisions of Island County’s Critical Areas Regulations (Chapter 17.02
ICC) invalid and therefore replacement regulations are needed to govern land
use in the County; and
WHEREAS, on April 10, 2000 the Board of Island
County Commissioners adopted Ordinance C-03-00 which increased the stream
buffer from 25 to 50 feet for all Type 5 streams that are tributary to a salmon
bearing stream and for all Type 5 streams in the Rural zone, but retained the
buffer at 25 feet for all other Type 5 streams; and
WHEREAS, on November 17, 2000 the Board ordered
that in order to remove its previous finding of invalidity the County must make
its 50-foot buffer requirement applicable to all Type 5 streams throughout
unincorporated Island County within 90 days of the Order or the Board would
recommend that the Governor impose sanctions on Island County; and
WHEREAS,
pursuant to WAC 197-11-600, the County SEPA official has determined that the
proposed changes to Chapter 17.02 ICC relating to Type 5 Stream Buffers, needed
on an interim basis to comply with the Order of the Growth Board, 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, RCW 36.70A.390 authorizes the County to
adopt interim regulations without a prior public hearing so long as a public
hearing is held within 60 days after adoption and findings of fact justifying
the action after the public hearing are then adopted; NOW, THEREFORE,
IT
IS HEREBY ORDAINED in
order to comply with the June 2, 1999 Final Decision and Order of the Western
Washington Growth Management Hearings Board and the subsequent November 17,
2000 Compliance Hearing Order, the Board of Island County Commissioners hereby
adopts the amendments to Chapter 17.02, attached hereto as Exhibit A, relating
to Type 5 Stream Buffers. Material
stricken through is deleted and material underlined is added.
BE
IT FURTHER ORDAINED that
the amendments to the Type 5 Stream Buffers shall go into effect on February
12, 2001 and shall remain in effect until Court approval of the Type 5 stream
buffer provisions of Ordinance C-03-00.
Should the Court not issue a decision approving the Type 5 stream buffer
provisions of Ordinance C-03-00 within six (6) months from the date of
enactment of this interim amendment, then the Board hereby declares its intent
to reenact this interim amendment so that it remains in full force during the
pendency of the lawsuit or until a determination is made whether any other
permanent regulations are necessary.
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 01-120
APPROVED AS TO FORM:
David
L. Jamieson, Jr.
Deputy Prosecuting Attorney & Code
Reviser
[Exhibit A on file with the Clerk
of the Board]
Executive Session
The Board met in Executive Session from 11:30 a.m. -
1:00 p.m as allowed under RCW 42.30.140
(4) (a).
There being no further business to come before the Board at this time, the meeting adjourned at 1:00 p.m., on completion of executive session. The Board will meet next in Special Session on February 13, 2001, beginning at 9:30 a.m.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
________________________________
William F. Thorn, Chairman
________________________________
Wm. L. McDowell, Member
________________________________
Mike Shelton, Member
ATTEST:
_______________________________
Margaret
Rosenkranz, Clerk of the Board