ISLAND COUNTY
COMMISSIONERS -- MINUTES OF MEETING
REGULAR SESSION -
MARCH 12, 2001
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on March 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: February 26, 2001 Regular
Session; and February 28, 2001, Special Session.
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher (War.) #94641 –
94903. . . . . . . . . . . . . . . . . . . .
$ 233,839.66.
Veterans
Assistance Fund: [emergency financial
assistance to certain eligible veterans;
the names and specific circumstances are maintained confidential].
By unanimous motion the Board accepted the recommendation of the
Veterans Assistance Review Committee and denied Claim #V1-11.
Milinda
Smith District Court
5
Brian
K. Phillips Sheriff/Jail 10
Bob
McCaughan Planning & Comm.
Dev. 5
Acknowledgment
of Recognition: Phil Cohen, Island
County Public Works Department, was
presented with the Soil Stewardship Award for exceptional
dedication and work towards improving
the soils for the betterment of the environment.
Congratulations to Barbara
Ream from the Health Department on her selection as the Employee of the Month for February. Barbara is a department assistant and
regularly deals with citizens requesting information or needing
assistance. She exemplifies courteous
and friendly service and has regularly been singled out for her helpful demeanor.
Hiring
Requests & Personnel Actions
After a brief presentation and review by
Dick Toft, Human Resource Director, the Board by unanimous motion approved PAA
030/01, Maintenance Department, Night Custodian #901.08, New Position,
effective 4/1/01.
RESOLUTION #C-34-01 APPROVING
ANNEXATION-CLINTON WATER DISTRICT
Clinton Water District on 2/21/01 submitted a
certified copy of District
Resolution 01-1 adopted during
their regular meeting of February 8th approving an annexation to that District
for the Board’s review and approval. By letter dated 2/28/01, the Island County
Health Department reported in favor of said annexation setting forth findings
that provisions of RCW
57.02.040(3) (b) and (c) were met. By letter dated Marcy 7, 2001, the Island County Planning and Community
Development Director reported that RCW 57.02.040(3)(a) was met and recommended
approval of the annexation.
By
unanimous motion, the Board adopted
Resolution #C-34- 01 approving the annexation to the Clinton Water District.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF
APPROVING )
THE ANNEXATION TO THE
CLINTON ) RESOLUTION #C-34-01
WATER DISTRICT )
___________________________________ )
WHEREAS,
the Board of Water Commissioners, Clinton Water District, adopted Resolution No. 01-1 on February 8, 2001 at a
Regular Meeting, approving annexation into the Clinton Water District of
certain parcels described on Maps
in Exhibit A to Resolution No.
01-1; and
WHEREAS, the Secretary of the Board
of Water Commissioners, Clinton Water
District, forwarded a certified copy of District Resolution No. 01-1 to
the Island County Board of Commissioners
as required by R.C.W. 57.02.040, on
February 21, 2001; and
WHEREAS,
the proposed annexation was determined
to meet the provisions of RCW 57.02.040
(3) (b) and (c) as outlined in Island County Health Department memorandum dated
February 28, 2001, and provisions of
57.02.040 (3) (a) as outlined in the
Memorandum of March 8, 2001 from the
Island County Planning and Community Development Department.
NOW THEREFORE BE IT RESOLVED, that
the annexation by Clinton Water
District in Resolution No. 01-1 and parcels listed in Exhibit A of that
Resolution, of the parcels listed in Clinton Water District Resolution No. 01-1
Exhibit A, is approved.
APPROVED AND ADOPTED this 12th day of March, 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 01-175
Betty
Kemp, Director, GSA/Risk Management, recommended denial of a Claim for Damages R01-001CD by
Allstate Insurance Company in the
amount of $7,371.70 for reasons outlined in her memorandum to the Board dated
2/23/01.
By
unanimous motion, the Board denied Claim for Damages R01-001CD by Allstate Insurance Company as recommended.
HEALTH CONTRACT APPROVED
By unanimous
motion, the Board approved Contract HS-06-01 [RM-HLTH-99-0105] between Island
County and Sharon Robinson, for continued contract monitoring services of millage funded mental health services,
substance abuse services and developmental disabilities, in an amount not to
exceed $4000.00.
Resolution
#C-33 -01 Temporary 2-day closure of Island County Auditor’s Office March 26
and 27
The
public portion of the Island County Auditor’s Office will be moving from its
current quarters in the Courthouse to Main Street Building on March 26 and 27,
and the Auditor requested permission to close the office for those two
days. In a 3/5/01 memo to the
Board, Suzanne Sinclair, Island County
Auditor, explained that licensing and
recording work is done entirely by computer systems that would be
disconnected for the move and closing
would allow better service to the
public by being organized when open again instead of working with makeshift
systems prone to error or loss.
The
Commissioners stressed the importance of publicizing the temporary closure in advance of the
occurrence as well as sending notices to the title companies.
By
unanimous motion the Board adopted Resolution
#C-33-01 in compliance with RCW 36.16.100, to allow a temporary 2-day
closure of the Island County Auditor’s Office on March 26 and 27.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF AUTHORIZING }
A TEMPORARY TWO-DAY CLOSURE OF
ISLAND }
ISLAND COUNTY AUDITOR’S OFFICE } RESOLUTION
#C-33-01
LICENSING,}
RESOLUTION #C- -01
RECORDING
AND ELECTIONS SECTIONS }
_______________________________________}
WHEREAS, the Call for Bids for remodeling/renovation of the Island County
Courthouse project bid
opening is scheduled for April 5, 2001; and
and project scheduled for completion by
December 2001); and
WHEREAS, according to the current
relocation schedule, the public portion of the Island County Auditor’s office, including Licensing, Recording and Elections, will be moving from current
quarters in the Island County Courthouse to the Main Street Building located at 400 N. Main
Street, Coupeville, Wa.; and
WHEREAS, the Island County Auditor has requested permission to close the
office for those two days, Monday, March 26, 2001 and Tuesday, March 27, 2001,
working days when the Office is ordinarily open to the public; and
WHEREAS, the Auditor’s
licensing and recording work is done entirely by computer systems which
will be disconnected for the move, and closing those sections of the office would allow better service to the
public by being organized and open again rather than attempting to work with
makeshift systems prone to error or loss; and
WHEREAS,
RCW 36.16.100 states that “All county and precinct offices shall be kept open
for the transaction of business during
such days and hours as the board of county commissioners shall by
resolution prescribe.”; ; NOW
THEREFORE
BE IT HEREBY RESOLVED that the Board of Island County Commissioners
authorizes closure of the Island County Auditor’s Office Licensing, Recording
and Elections sections during the time
of relocation from the Island County Courthouse to the Main Street Office
Building located at 400 N. Main Street, Coupeville, WA., on March 26 and 27,
2001.
ADOPTED
this 12th ________ day of
March, _______________,
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 01-174
AWARD
OF BID-2 Trailer Mounted Message Signs W/Radar Package
In
accordance with Resolution #C-26-01/R-09-01 [re-bid] Larry Kwarsick, Public
Works Director, presented recommendation to award bid for two Trailer Mounted
Message Signs with Radar Package, to the low bidder, National Barricade, LLC,
in the total amount of $43,431.31.
By
unanimous motion, the Board awarded bid to National Barricade, LLC, in the
total amount of $43,431.31.
After
presentation and review provided by Mr. Kwarsick, the Board by unanimous motion
approved Resolution #C-35 01/R-11-01, an amendment to CRP 96-05, East Camano
Drive, Phase 2, for amounts of appropriation as construction is initiated, for
a total appropriation of $2,210,000.
Resolution
#C-36-01/R-12-01 Approving
Specifications and Authorizing Call for Bids for East Camano Drive, Phase 2
The
Board, on unanimous motion, approved Resolution #C-36- 01/R-12-01 approving
specifica-
tions
and authorizing Call for Bids for East Camano Drive, Phase 2, under CRP 96-05,
Work Order #208.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
IN THE MATTER OF APPROVING PLANS )
& SPECIFICATIONS AND AUTHORIZING ) RESOLUTION NO. C-36-01
CALL FOR BIDS FOR EAST CAMANO DR. ) R-12-01
PHASE 2, CRP 96-05, WORK ORDER )
No. 208 )
WHEREAS, sufficient
funds are available in the Island County Road Fund for construction of East
Camano Drive, Phase 2, NOW, THEREFORE,
BE
IT HEREBY RESOLVED that the Plans and Specifications are approved and the
County Engineer is authorized and
directed to call for bids for furnishing said construction. Bid
Opening is to be the 4th day of April, 2001 at 1:00 P.M. in
Meeting Room 2, Courthouse Annex, Coupeville.
ADOPTED
this 12th day of
March, 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 01-179
Supplemental
Agreement No. 5 TO PROFESSIONAL SERVICES AGREEMENT #PW-962043, Harding ESE, East Camano Drive, Phase 2
The
Board, by unanimous motion, approved Supplemental Agreement No. 5 to Professional Services Agreement
#PW-962043 with Harding ESE, a subsidiary of Mactec, Inc., to extend time of
agreement to December 31, 2001, East
Camano Drive, Phase 2; CRP 96-05, Work Order 208.
HEARING
SCHEDULED: Franchise Cancellation Sun
Mountain Construction Franchise # 313
As
requested by Mr. Kwarsick and Lew
Legat, County Engineer, the Board by unanimous
motion scheduled a public hearing on April 23, 2001 at 2:20 p.m. to
consider cancellation of Franchise #313
by Sun Mountain Construction. Section
11 of Franchise #313 requires that construction commence within one year from
the effective date of the franchise and work has not yet started.
Resolution
#C-37-01/R-14-01 – ISSUANCE OF $5,000,000 PAR VALUE LIMITED TAX GENERAL
OBLIGATION IMPROVEMENT BONDS 2001
Mr.
Kwarsick presented the first item prepared by Hugh Spitzer, Foster, Pepper
& Shefelman PLLC, bond Counsel, Resolution
#C-37- 01/R-14-01, providing for
the issuance of $5,000,000 par value of Limited Tax General Obligation Improvement Bonds, 2001, of the County for
general County purposes to provide
funds with which to pay a part of the cost of certain renovations and
improvements to the Courthouse and Courthouse
Annex, including Juvenile Court Services of
the County, and for other lawful County purposes, through the issuance
and sale of bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds;
establishing a bond redemption fund;
providing for bond insurance; and
approving the sale and providing for the delivery of the bonds to Banc of
America Securities LLC, of Seattle, Washington [including Bond Purchase
Agreement].
By
unanimous motion the Board approved Resolution
#C-37- 01/R-14-01, providing for
the issuance of $5,000,000 par value of Limited Tax General Obligation Improvement Bonds, 2001.
As
Mr. Kwarsick reported, the next item presented related to the purchase of bond
insurance in order to secure the most
favorable interest rates, from
MBIA. By unanimous motion, the Board
approved and signed the document related to Commitment to issue a financial
guaranty insurance policy with MBIA, Application #2001-001726-01.
Jane
Towery, Principal, Northwest Public Finance, Banc of America Securities LLC,
commented about the bond sale [refer to her letter dated 3/12/01]. She
provided the Board with a chart entitled “Interest Rate Changes Over Past 20 Years,
January 3, 1980 – March 1, 2001”.
The blue line shows the interest
rate trend for tax exempt municipal
bond rates over the last 20
years, indicates that while the County
may not have sold at the lowest point over the last 20 years, the County
certainly chose a time at one of the lowest points in the last twenty
years. The average coupon of the bond
issue was 5.09% based on the fact that the time was 24 years. Island County bond rating was reaffirmed as
A-2 and very favorable comments made on
the prudent financial management of the County.
Mr.
Kwarsick mentioned that based upon bond
counsel’s opinion the County is still able to allocate REET 2 funds to help pay
the debt service. Although there has not been a firm
decision on allocation of REET 1 and 2
funds, he will present a tentative proposed
debt service schedule to the Board at the next staff session.
ISLAND
COUNTY, WASHINGTON
C-37-01
RESOLUTION NO. R-14-01
A
RESOLUTION of the Board of County Commissioners of Island County, Washington, providing for the issuance of $5,000,000
par value of Limited Tax General Obligation Improvement Bonds, 2001, of the
County for general County purposes to provide funds with which to pay a part of
the cost of certain renovations and improvements to the Courthouse and
Courthouse Annex, including Juvenile Court Services of the County, and for
other lawful County purposes, through the issuance and sale of bonds; fixing
the date, form, maturities, interest rates, terms and covenants of the bonds;
establishing a bond redemption fund; providing for bond insurance; and
approving the sale and providing for the delivery of the bonds to Banc of
America Securities LLC, of Seattle, Washington.
ADOPTED: March 12, 2001
This document prepared by:
Foster Pepper & Shefelman PLLC
1111 Third, Suite 3400
Seattle, Washington 98101
(206) 447-4400
ISLAND
COUNTY, WASHINGTON
RESOLUTION NO. R-14-01
A RESOLUTION of the
Board of County Commissioners of Island County, Washington, providing
for the issuance of $5,000,000 par value of Limited Tax General Obligation
Improvement Bonds, 2001, of the County for general County purposes to provide
funds with which to pay the cost of certain renovations and improvements to the
Courthouse and Courthouse Annex, including Juvenile Court Services of the
County, and for other lawful County purposes, through the issuance and sale of
bonds; fixing the date, form, maturities, interest rates, terms and covenants
of the bonds; establishing a bond redemption fund and a renovation fund;
providing for bond insurance; and approving the sale and providing for the
delivery of the bonds to Banc of America Securities LLC, of Seattle,
Washington.
WHEREAS, Island County, Washington
(the “County”) is in need of funds to renovate and furnish the existing
Courthouse and Courthouse Annex, including the administrative offices of
Juvenile Court Services, improvements to parking, adjacent streets, and the
Courthouse Campus (the “Project”), all having been originated and authorized in
the 1992 Capital Improvement Program approved by Resolution PLG-011-92 on
February 24, 1992, which authorized the County to renovate, improve, construct,
acquire other County Courthouse facilities, stormwater facilities, and open
space and recreation property and other purposes as identified in the Capital
Improvement Program, as amended from time to time, and for other lawful
purposes, the total estimated cost of which, including the costs of issuance
and sale of bonds for such purposes, is $5,000,000; and
WHEREAS, in Resolution No. C-19-92,
adopted March 23, 1992, the County committed revenues of two real estate excise
taxes to finance projects identified in the County’s 1992 Capital Improvement
Program; and
WHEREAS,
the MBIA Insurance
Corporation of Armonk, New York (“Bond Insurer”), has made a commitment to
issue an insurance policy (the “Municipal Bond Insurance Policy”) insuring the
payment when due of the principal of and interest on the Bonds as provided
therein, and the Board of County Commissioners of the County deems that the
purchase of the Municipal Bond Insurance Policy is in the best interest of the
County; and
WHEREAS, Banc of America Securities
LLC, Seattle, Washington, has offered to purchase the Bonds under the terms and
conditions hereinafter set forth in the form of a bond purchase contract; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF ISLAND COUNTY, WASHINGTON, as follows:
Section 1. Authorization of Bonds. The County shall borrow money on the credit
of the County and issue negotiable limited tax general obligation bonds
evidencing that aggregate indebtedness in the amount of $5,000,000 for general
County purposes to provide funds with which to pay the cost of the Project
through the issuance and sale of such Bonds.
The general indebtedness to be incurred shall be within the limit of up
to one and one-half percent (1½%) of the value of the taxable property within
the County permitted for general municipal purposes without a vote of the
qualified voters therein.
Section 2. Description of Bonds. The bonds authorized to be issued by Section
1 shall be called Limited Tax General Obligation Improvement Bonds, 2001 (the
“Bonds”) of the County; shall be in the aggregate principal amount of
$5,000,000; shall be dated March 1, 2001; shall be in the denomination of
$5,000 or any integral multiple thereof within a single maturity; shall be
numbered separately in the manner and with any additional designation as the
Bond Registrar (collectively, the fiscal agent and co-fiscal agent of the State
of Washington) deems necessary for purposes of identification; and shall bear
interest (computed on the basis of a 360-day year of twelve 30-day months),
payable semiannually on each June 1 and December 1, commencing December 1,
2001, to the maturity or earlier redemption of the Bonds. The Bonds shall mature on December 1 in
years and amounts and bear interest at the rates per annum as follows:
|
Maturity |
|
Interest |
|
2011 |
$
15,000 |
4.500% |
|
2012 |
25,000 |
4.600 |
|
2013 |
40,000 |
4.700 |
|
2014 |
50,000 |
4.800 |
|
2015 |
55,000 |
4.900 |
|
2016 |
75,000 |
4.950 |
|
2017 |
100,000 |
4.950 |
|
2018 |
540,000 |
5.000 |
|
2019 |
580,000 |
5.050 |
|
2020 |
620,000 |
5.100 |
|
2021 |
665,000 |
5.100 |
|
2022 |
715,000 |
5.125 |
|
2023 |
760,000 |
5.150 |
|
2024 |
760,000 |
5.150 |
The
life of the capital facilities to be financed with the proceeds of the Bonds
exceeds the term of the Bonds.
Section 3. Registration and Transfer of Bonds. The Bonds shall be issued only in registered
form as to both principal and interest and shall be recorded on books or
records maintained by the Bond Registrar (the “Bond Register”). The Bond Register shall contain the name and
mailing address of the owner of each Bond and the principal amount and number
of each of the Bonds held by each owner.
Bonds surrendered to the Bond
Registrar may be exchanged for Bonds in any authorized denomination of an equal
aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in
the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without
cost to the owner or transferee. The
Bond Registrar shall not be obligated to exchange or transfer any Bond during
the 15 days preceding any principal payment or redemption date.
The Bonds initially shall be registered in the
name of Cede & Co., as the nominee of The Depository Trust Company, New
York, New York (“DTC”). The Bonds so
registered shall be held in fully immobilized form by DTC as depository in
accordance with the provisions of a Blanket Issuer Letter of Representations with
DTC substantially in the form on file with the County Treasurer and by this
reference made a part hereof (as it
may be amended from time to time, the
“Letter of Representations”). To
induce DTC to accept the Bonds as eligible for deposit at DTC, the County
approves the Letter of Representations.
The County Treasurer is authorized and directed to execute and deliver
the Letter of Representations, on behalf of the County, to DTC on or before the
date of delivery of the Bonds to the purchaser thereof and the payment
therefor, with such changes as the Treasurer deems to be in the best interests
of the County, and his execution and delivery of the Letter of Representations
shall evidence irrevocably the approval of the Letter of Representations by the
County. Neither the County nor the Bond Registrar shall have any responsibility
or obligation to DTC participants or the persons for whom they act as nominees
with respect to the Bonds regarding accuracy of any records maintained by DTC
or DTC participants of any amount in respect of principal of or interest on the
Bonds, or any notice which is permitted or required to be given to registered
owners hereunder (except such notice as is required to be given by the Bond
Registrar to DTC).
For so long as any Bonds are held in
fully immobilized form, DTC or its successor depository shall be deemed to be
the registered owner for all purposes hereunder and all references to
registered owners, bondowners, bondholders or the like shall mean DTC or its
nominees and shall not mean the owners of any beneficial interests in the
Bonds. Registered ownership of such
Bonds, or any portions thereof, may not thereafter be transferred except: (i)
to any successor of DTC or its nominee, if that successor shall be qualified
under any applicable laws to provide the services proposed to be provided by
it; (ii) to any substitute depository appointed by the County or such
substitute depository’s successor; or (iii) to any person if the Bonds are no
longer held in immobilized form.
Upon the resignation of DTC or its
successor (or any substitute depository or its successor) from its functions as
depository, or a determination by the County that it no longer wishes to
continue the system of book entry transfers through DTC or its successor (or
any substitute depository or its successor), the County may appoint a
substitute depository. Any such
substitute depository shall be qualified under any applicable laws to provide
the services proposed to be provided by it.
If (i) DTC or its successor (or
substitute depository or its successor) resigns from its functions as
depository, and no substitute depository can be obtained, or (ii) the County
determines that the Bonds are to be in certificated form, the ownership of
Bonds may be transferred to any person as provided herein and the Bonds no
longer shall be held in fully immobilized form.
Section 4. Payment of Bonds. Both principal of and interest on the Bonds
shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by
checks or drafts of the Bond Registrar mailed on the interest payment date to
the registered owners at the addresses appearing on the Bond Register on the
record date, the 15th day of the month preceding the interest payment
date. Principal of the Bonds shall be
payable upon presentation and surrender of the Bonds by the registered owners
at either of the principal offices of the Bond Registrar at the option of the
owners. Notwithstanding the foregoing,
as long as the Bonds are registered in the name of DTC or its nominee, payment
of principal of and interest on the Bonds shall be made in the manner set forth
in the Letter of Representations.
Section 5. Optional Redemption and Open Market
Purchase of Bonds. Bonds maturing
in the year 2011 shall be issued without the right or option of the County to
redeem those Bonds prior to their stated maturity date. The County reserves the right and option to
redeem the Bonds maturing on or after December 1, 2012, prior to their
stated maturity dates at any time on or after December 1, 2011, as a whole or
in part (within one or more maturities selected by the County and randomly
within a maturity in such manner as the Bond Registrar shall determine), at par
plus accrued interest to the date fixed for redemption.