ISLAND
COUNTY COMMISSIONERS – MINUTES OF MEETING
SPECIAL
SESSION – FEBRUARY 13, 2001
The
Board of Island County Commissioners
met in Special Session on
February 13, 2001, beginning at 9:30 a.m.
in the Island County Courthouse
Annex, Hearing Room, Coupeville, Wa., to conduct a Joint Session of the Board
of Island County Commissioners, Island
County Planing Commission and the Island County Hearing Examiner. Present were the following:
Board of County Commissioners: William F.
Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Member
Planning Commission: Anne
Pringle Dave
Osterberg
Mike
Joselyn George
Crampton
Sheilah
Crider Pat
Churchill
E.
T. Silvers John
Edison
Lynn
Moses
Hearing Examiner: Michael
Bobbink
Staff: Phil
Bakke, Planning & Comm. Dev. Director
Matt
Kukuk, Code Enforcement Officer
Bob
McCaughan, Building Official
Jeff
Tate, Planning Manager
The Planning & Community Development Department
is in the process of rebuilding its web
page focusing on communication with the builders, developers and environmental
groups. Development Information
Bulletins (DIBS) are being prepared and
available on the web site and at the
counter, intended to provide general
information, answer commonly asked questions regarding permits, procedures and
regulations. A “same-day phone call
return policy” is being implemented, as well as working on a building permit tracking system.
Commissioner Shelton reported on a number of issues
before the Legislature. One of the key
issues is the five-year update to the Comprehensive Plan. WSAC [Washington State Association of
Counties] is supporting a bill that would push
the date to 2008, a much more appropriate time for the County
to have some track record with the
existing Comprehensive Plan.
A significant issue is the listing of the salmon and the ESA and resulting requirements of counties to update
Shoreline Master Plans. Island
County has joined 30 other counties and
the Association of Washington Businesses in a lawsuit against the State of
Washington, brought on by the fact that
the legislature has been unwilling to commit any funding to local governments
and the two year timeline. The cost
to Island County to complete the update of the
Shoreline Master Program has been estimated between $900,000 and one million. There is some question
whether the new shoreline rules from DOE take into account Island
County’s existing Shoreline Master Plan and critical areas regulations as they
relate to shorelines. Commissioner Shelton added that the ability of the State
to pay for the Shoreline Master Plan update would be greatly enhanced just by
lengthening the time involved. ESA
is a
federal program. Numerous bills
have been presented relating to stormwater.
Stormwater is a critical issue
with regard to salmon protection, especially in Island County, where ultimately
all stormwater ends up in Puget
Sound.
The State Auditor proposed a bill relating to
executive sessions for local governments, and
proposes that minutes be taken
and the session recorded which defeats the whole purpose of an executive
session. This is an issue that both the Associations of Washington Counties and
Cities are opposed to.
Chairman Thorn commented that Island County had been careful these past several years to take only a minimum increase in property taxes. Island County has basically three major sources of funding for the Current Expense Fund: property tax, sales tax and the interest. A down-turn in interest rates will hurt Island County. He thought that new shoreline rules should be paid for at the state level, which is the primary reason he supports the County’s joining the lawsuit Commissioner Shelton mentioned. He also felt that the new rules should be “stand alone” rules and not part of the Shoreline Management Master Plan because they are inconsistent with the objective of salmon recovery. He acknowledged the decline in salmon in Puget Sound, an indicator species, and whale populations are being affected. The general guidelines are to gain habitat and species, not just to hold the line and prevent further deterioration. He thought it important to consider getting underway in the foreseeable future.
Commissioner McDowell did not believe there was any
way that Island County could accomplish the update of the Shoreline Master Plan
in two years. He agreed with the Chairman that the new shoreline rules should be “stand alone” rules.
Lynn Moses was interested to know about what kind of assurance there might be from the Board that if the legislature provides for a 5 year timeline that the money would be put aside each year to cover the costs.
Commission Shelton hoped that some of the money would come from the State, and if so, would be dedicated funding for that single purpose. And the Chairman indicated that the County would in fact, start budgeting for that.
Presentation: Innovations in Building Permit Processing
and Inspections
Bob
McCaughan, Building Official, gave the following presentation on Innovations in
Building Permit Processing and Inspections:
(Record # 6338)
Ø
Tracking numbers are
assigned at the time of intake. This number becomes the permit number and it
will follow the approved permit through all renewals and reissues.
Ø
Setting up of tax parcel
files and all data entry at the time of submittal prior to the applicant
leaving.
Ø
Categorizing of permits
at intake for the type of processing. The four categories are OVER THE COUNTER,
QUIK CHECKS, SIMPLE BUILDINGS, and COMPLEX PERMITS. (Focusing on over the
counter permits.)
Ø
Permits now go directly
to the plan review drawer from intake.
Ø
Every effort is to do a
complete plan review prior to sending a letter to the applicant so that the
project has one touch review.
Ø
Permits after plan
review approval are to go back to the initial permit tech that took the project
in and will contact the applicant.
FIELD INSPECTIONS
Ø
Island County is the
only jurisdiction that accepts inspections by e-mail. This is an impressive
approach that allows the applicant to add comments to the form that is accessed
through the Island County web page. This approach allows for clean and almost
mistake free requests for inspections.
Ø
All inspection reports
are now filed on tracking cards for individual projects.
Ø
All previous inspections
are now taken to the filed to avoid mistakes and redundancies in inspections.
This approach has enhanced the speed of inspections allowed for more efficient
use of staff time.
Ø
One individual
responsible for balancing and routing inspections.
Ø
Encouraging contractors
to take advantage of the consultations that we offer to avoid problems before
they happen.
Ø
A new style of permit
cards that guide one through the most common inspections form the beginning of
the project to final inspection.
Ø
Useful tips on the back
of the permit card.
Ø
Builders, designers and
trades people breakfast meetings.
Ø
Notebook of requests for
assistance available to all staff as a resource.
Ø
Web page information.
Ø
E-mail newsletter that
can be sent to different areas of Island County
Mr.
McCaughan commented that the State was considering adopting a new building code which would be a total
material change. Instead of having one building code there would be two: (1) International Building Code; (2) International Residential Code. The state currently uses the Universal
Building Code (UBC). Mr. Bakke is working with Mr. McCaughan to put
together a subcommittee made up of builders and other interested parties to
discuss the impacts the proposed changes will have on the local
constituents.
Jeff
Tate provided an update on the Freeland/Clinton Sub-area Planning process. In January and February of 2000 Freeland and
Clinton finished “Existing Condition Reports” and then began to define specific
land use designations. The Freeland Committee held a community open house and presented the land
use map. Many citizen volunteers came
about as a result of the open house and have been working ever since. The original intention in Freeland was to define issues, land use designations, and
prepare a draft plan. Because of
the desire of the public to participate
in the process, land use
designations were held off in order to
involve the public in defining the issues.
The volunteers started meeting on Wednesday nights to discuss the
issues. With the assistance of the
volunteers a survey was created and
sent to everyone within the Freeland
zip code along with all property owners.
The volunteers, with the assistance of a committee member, began putting together issue papers and came up
with recommendations and
suggestions. This January volunteers and committee members put on a
major community open house. Sewer and storm water contracts have been initiated
to begin work on the infrastructure plans for Freeland. The committee is now defining the land use designations and talking
about goals and policies within each of
those designations. Issue papers are
being finalized and are being presented
to the committee by the volunteers for review.
Staff will summarize those and
incorporate them into the draft plan, work on implementation measures, and a
buildable lands analysis for Freeland.
Clinton
is essentially going through the same process but in a little different order. The Clinton process has not received the
amount of public interest and turnout that Freeland has had to date. Staff drafted a Clinton Sub-Area Plan and
presented it at an open house on
January 9, 2001.
Mr.
Bakke added to note that staff set up a series of six meetings to go over
all the issues and get the committee to make some preliminary judgments about
whether or not there is support in the community for an NMUGA.
From
Commissioner Shelton’s perspective it seemed the economic hub of South Whidbey was going to be Freeland.
Anne Pringle asked for some clarification as to the
status of the volunteers versus actual sub-area committee members. Mr.
Tate confirmed that the
committee made all the decisions; the volunteers were presenting a lot of the issues and doing much of the
groundwork. Mr. Bakke verified that the NMUGA designation
would be by vote of the committee, forwarded to the Planning Commission, and then to the Board of
County Commissioners for a decision.
Commissioner Shelton felt it incumbent on the
Planning Commission and Board to make
the determination as to whether or not Freeland and Clinton become NMUGAs. The
final determination will be up to the public. He felt strongly that
the planning process was being driven by the people of Freeland. The Freeland
Sub-Area Committee has had a lot of public participation and if they recommend
NMUGA status to the Planning Commission and the Board, he truly believed that
it is a community driven decision.
Commissioner
McDowell understood the need for a plan in order for the public to know what they are voting on; however if the public does not want to pay
for a sewer system it would not matter what the Planning Commission or the Board decided.
Mr. Bakke
said the sewer study would help determine where the initial sewer service area
is going to be. The Freeland Water District and the Holmes Harbor Sewer
District are intending to draw a ULID boundary.
Dave Osterberg inquired as to whether the County
planned to provide alternatives, and if
so, would one alternative be “no
action” . Mr. Bakke confirmed that alternatives would be
provided.
Commissioner Shelton said that with regard to those in Freeland who want to remain a mixed
use RAID and somehow have the benefits of local control, he is
supportive of local control, but pointed out that a RAID has a different
designation in this County than a NMUGA and to somehow continue to receive the
attention of the County to the extent
currently being devoted probably would not happen if Freeland remains a RAID.
When using the entire zip code for Freeland Ms.
Pringle thought was like saying those who live on Bayview Road and in part of Useless Bay should determine what
happens in the Clinton area because they have a Clinton post office address.
She felt the focus of efforts should be on those who live within the proposed
boundary of the NMUGA, and not allow those who live within the entire Freeland zip code to participate in the NMUGA
decision.
Mr. Bakke
acknowledged that people are
participating in the Freeland planning process who are well outside the zip
code; the decision on the issue of sewers will be made by those who are impacted. Mr. Tate believed it
was important to include everyone
within the zip code, even further out
because the designation of Freeland as a NMUGA is a regional issue. Designating
Freeland as a NMUGA is meant to help protect the rural character of all of
South Whidbey.
Mr. Bobbink
pointed the importance of public participation
during the early stages of the process. By the time something comes before the Hearing Examiner public
input is really not very important.
The Hearing Examiner’s job is to
apply the regulations as they have been drafted and to approve or disapprove an
application based on the legislative decisions already made.
George Crampton inquired about the cost of the
stormwater and sewer studies. He did
not understand why the residents of Oak
Harbor should have to pay for improvements in Freeland. Mr. Bakke answered that the stormwater plan was being paid for out of County funds, and will
be reimbursed when a sewer district is formed. The cost for each study is
roughly $118,000.00. Thus far, the County has received $20,000.00 in planning
grants.
Summary:
Compliance Status – Island County
(Record # 6337)
Mr. Bakke
reported on one of the pending items on the compliance list was now before the
Board of County Commissioners, Order
No. 13, Species and Habitat, which he hoped would be completed next month. If so the County will request a determination of
compliance from the GMHB.
Four items on the compliance list would be decided
in Superior Court. Order No. 5, Rural Densities, (Appeal filed by WEAN); Order
No. 10, BMP Manual, (Appeal filed by Island County to apply BMP’s to Rural
Zoned Farms); Order No. 14, Category B Wetlands, (Appeal filed by Island County
to uphold 25” setback to all zones except Rural); Order No. 15, Type 5 Streams,
(Appeal filed by Island County to uphold 25’ non-wetland tributary stream
setbacks to all zones except Rural).
All the remaining items are in full compliance.
Ms. Pringle mentioned that a member of the public indicated receipt of a letter from the County advising that their property
contained sensitive plant species, and that person questioned how the County knew there were sensitive plants on her
property without going onto her property.
Commissioner McDowell explained that the County had
been supplied by WEAN maps identifying sites; from that County staff drew a 300’
radius around those sites and sent letters to everyone within that
radius.
Mr.
Churchill objected to the fact that a study on sensitive plant species
has never been done on Camano Island.
Chairman Thorn explained that the proposal had been
brought forward by WEAN, a private group on Whidbey Island. If a
private group proposed the same thing on Camano Island the County would be
obliged to respond.
Michael
Bobbink reported that his work load
had changed somewhat due to the fact that more of the routine
matters were now being handled
administratively. A majority of his
work load deals with appeals, which
seem to be more contentious and time consuming. He has seen very little unanticipated problems arising from the
redraft of the ordinance. His job is to implement policy decisions so that
people are treated the same in similar circumstances; he stays out of the political arena. He felt that most people appreciated the professionalism
exhibited by everyone involved in the hearing examiner process.
2001 Annual Review Docket
ANNUAL REVIEW DOCKET (Record #6336)
Jeff
Tate outlined the items on the 2001 docket,
the first 7 proposed by staff, the last item from a private landowner.
1.
Enforcement provisions
of 11.01 & 11.02 ICC
2.
17.03.180 ICC, School
Standards
3.
Review 17.03.180
Institutional uses Standards
4.
Forest Practice
Standards
5.
Review Rural Zone
standards as they apply to small existing lots
6.
Develop variance
criteria for height
7.
17.03.180, Fire Station
Standards
8.
Au Sable – Rezone to
special review district
Meeting adjourned at 11:40 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