ISLAND COUNTY
COMMISSIONERS - MINUTES OF MEETING
REGULAR SESSION - APRIL 2, 2001
The Board of
Island County Commissioners (including Diking Improvement District #4) met in
Regular Session on April 2, 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.) # 96145 – 96351. . . . . . . . . . . . . . . . . . . for $ 237,540.15.
CONTRACTS/SUPPLEMENTAL
AGREEMENTS APPROVED –
CENTRAL SERVICE
DEPARTMENT
Cathy
Caryl, Central Services Director,
reviewed with the Board three agreements, two with the State Department
of Information Services, and a supplemental
agreement to an existing contract, all three having been appropriately reviewed and approved through the Contract Review Process.
Service Level Agreement between Island County and Washington State Department of Information Services for Intergovernmental Network Services, CSA #8150-0 Supplement # T99-03 at $120.00/mo.
Service Level Agreement between Island County and Washington State Department of Information Services for Internet Access Services at $300.00/mo., CSA #8150-0 Supplement #T00-04.
Supplemental
Agreement No. 3 to Contract #RM-CENT-00-0021 between Island County and TEC
Services, for continuation of the Real Property System Maintenance and Training
Contract for an additional 120 work
hours
By unanimous motion, the Board approved and signed both
contracts with the Washington State Department of Information Services as
presented, along with Supplemental Agreement #3 to the existing contract
with TEC Services as presented.
Hiring Requests
& Personnel Actions
As
presented and summarized by Dick Toft, Director, Human Resources, the Board by
unanimous motion, approved the following Personnel Authorization Actions, both from the Public Works Department:
PAA 033/01
Jr. Civil Eng I/Eng. Tech III #2223.00
Replacement Eff. 4/2/01
PAA
034/01 Acct. Assistant #2205.02 Replacement Eff. 4/16/01.
Resolution
#C-46-01 Adopting the revised Island County Personnel Policies and Procedures
Manual Section 2.01.073(H) Re: Travel Allowance for Commissioners
As
prepared by the Human Resource Department, the Board by unanimous motion
adopted Resolution #C-46-01 Adopting
the revised Island County Personnel Policies and Procedures Manual Section
2.01.073(H) Re: Travel Allowance for Commissioners. This particular change acknowledges that information which is subject to change
periodically can be done by resolution
and avoid major revisions to the issued
Personnel Manual that each employee of the County receives. This particular change in 2.01.017 (H) (Attachment A) relating to Commissioners Travel
Allowance, provides instead of
specifying the actual dollar amount
because it changes periodically, to state instead: “…a lump sum monthly payment as set by
Resolution”.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY WASHINGTON
RESOLUTION ADOPTING THE REVISED }
ISLAND COUNTY PERSONNEL POLICIES} RESOLUTION
C-46-01
AND PROCEDURES MANUAL }
SECTION 2.01.073(H) PROVIDING LUMP }
SUM TRAVEL ALLOWANCE IN LIEU OF }
ACTUAL EXPENSES TO COUNTY }
COMMISSIONERS }
WHEREAS, the Island County
Personnel Policies and Procedures Manual requires periodic updating or
modification to reflect changes in procedures or policy; and
WHEREAS, RCW 42.24.090
provides, in 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, although the guidance
and language offered in the Personnel Policies and Procedures Manual should be
clearly written and understandable it should not be of the nature that would
require the manual to be regularly updated due to the perishability of the
information: and
WHEREAS, information that
changes periodically may be promulgated by means of resolution, thereby
avoiding a major revision to the issued Personnel Manuals held by all Employees
and County Departments: NOW THEREFORE,
BE IT HEREBY RESOLVED, that the Board
of Island County Commissioners hereby adopts the proposed amendment to the
Personnel Policy and Procedures Manual adopted June 6, 1994 and revised
04/01/98 & 06/28/99 will be amended to reflect the change to Section
2.01.073 (H) (Attachment A). Material
stricken through is deleted and material underlined is added.
ADOPTED
this 2nd day of
April, 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 01-222 [Attachment on file with the Clerk of the Board]
LIQUOR LICENSE APPROVALS
Based on
recommendations of approval from the Sheriff and the Health Department, the
Board by unanimous motion, approved forwarding recommendations of approval to
the Washington State Liquor Control Board for the following applications:
·
Assumption of Liquor License #353383-3G,
Huntington Corner Grocery, Camano Island
·
Application for Special Occasion Liquor License
#071076 by South Whidbey Shrine Club
Award of Bid for
County Legal Newspaper per R.C.W. 36.72.075
Suzanne
Sinclair, Island County Auditor, provided
the Clerk of the Board with the only bid received by the deadline for
submission of bids for the County Legal Newspaper, which was from The Whidbey
Newspaper Group, providing three
options:
Option A
Whidbey
News Times bid for selection of an official county legal newspaper
In-
County circulation: 8835
$11.00
per column inch for first insertion; $9.35 per column inch each consecutive
insertion
Option B
Whidbey News Times & South Whidbey Record combined - official county legal newspaper
In
County circulation: 14,387
$21.50
per column inch for first insertion; $18.40 per column inch each consecutive
issue
Option C
South
Whidbey Record Rates as separate buy:
In
county circulation: 5552
$10.50
per column inch for first insertion; $9.05 per column inch each consecutive
issue.
By
unanimous motion, the Board awarded bid to
Whidbey News Times as the
official county legal newspaper, and as
has been the past practice, for times when
there are specific geographical
issues, to use supplemental
advertising in either the South Whidbey
Record, Stanwood-Camano News or Coupeville Examiner, where
appropriate.
APPOINTMENTS NAMED TO ISLAND COUNTY TECHNOLOGY COMMITTEE
In
accordance with the adoption of Resolution #C-44-01 on March 26, 2001, the Board, by unanimous motion, named the following to serve on the Island
County Technology Committee:
Bill
Thorn County
Commissioner
Tom
Baenen Assessor
Suzanne
Sinclair Auditor
Cathy
Caryl Central Services
Phil
Bakke Planning & Community Development
Greg
Banks Prosecuting
Attorney
Linda
Lee Martens Health Department
Richard
Renouard Treasurer’s Office.
One
open slot remains, a person to represent the Public Works Department, and the
Board will
seek
a recommendation from Larry Kwarsick
and make an appointment next week.
PUBLIC INPUT
No
one attended to provide public input at the 10:00 a.m. time period set aside
for that purpose. However, Chairman Thorn noted for the record receipt of a letter
dated 3/28/01 from William H. Evans, asking that the County consider amending
Ordnance #C-68-98, Chapter 9.60 Public Disturbance Noise Control, by adding that “noise generated by man-made
wind operated noise making devices
shall be confined to the premises from
which it originates.”.
Adopt-A-Road
Litter Control Program Agreement
Renewal-
Thomas G. Mayes
The Board, by
unanimous motion, approved the renewal of Adopt-A-Road Litter Control Program
Agreement with Thomas G. Mayes for Cross Island Road from West Camano Drive to
Ridge Road, Camano Island.
HEARING
HELD: INTERIM ORDINANCE #C-38-01 (PLG-007-01) Amending ICC 17.02.107 to comply with the Order of the Western
Washington Growth Management Hearings Board relating to the Critical areas
Exemption for Existing and On-Going Agriculture
A Public Hearing was held at 10:45 a.m. as scheduled and
advertised, to consider Interim
Ordinance C-38-01 (PLG-007-01) Amending
ICC 17.02.107 to comply with the Order of the Western Washington Growth
Management Hearings Board relating to the Critical areas Exemption for Existing
and On-Going Agriculture, having been introduced on March 12, 2001 [GMA #6348].
Attendance:
Staff: Phil Bakke, Director, Planning
& Community Development
Public/Press: None
Mr. Bakke
reviewed for the Board briefly
the history of continuation of the interim regulation relating to the
critical areas exemption for existing and on going agriculture: Ordinance #C-77-99; #C-152-99; #C-28-00; C-90-00; Ordinance
#C-90-00 expires April 4, 2001. He reminded that RCW 36.70A.390 authorizes the
County to renew interim regulations for
one or more six-month periods so long as a public hearing is held and findings
of fact made prior to each renewal.
Proposed Ordinance #C-38-01 if adopted would renew the interim
regulations for another six month
period or until #C-151-99 Superior Court approval [Island County v. Western
Washington Growth Management Hearings Board, Superior Court #00-2-00757-9]
whichever comes first. Attached as
Exhibit B are the required Findings and
Legislative Intent.
There
were no public comments either for or against proposed Ordinance #C-38-01.
Commissioner
McDowell moved approval of Interim Ordinance #C-38-01 (PLG-007-01) Amending ICC 17.02.107 to
comply with the Order of the Western Washington Growth Management Hearings
Board relating to the Critical areas Exemption for Existing and On-Going
Agriculture. Motion, seconded by
Commissioner Shelton, carried unanimously.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN
THE MATTER OF AMENDING ICC 17.02.107 TO COMPLY WITH THE ORDER OF THE WESTERN
WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD RELATING TO THE CRITICAL AREAS
EXEMPTION FOR EXISTING AND ON-GOING AGRICULTURE |
))))))) |
ORDINANCE
C-38 -01 PLG-007-01 |
WHEREAS,
various parties filed petitions with the Western Washington Growth Management
Hearings Board (“Western Board”) to review Island County’s adopted GMA Comprehensive
Plan (“Comp Plan”) and Development Regulations; and
WHEREAS,
the Western Board entered its Final Decision and Order on June 2, 1999; and
WHEREAS,
the Western Board found prospectively the Critical Areas Exemption for Existing
and Ongoing Agriculture invalid if interim regulations were not adopted by
August 10, 1999, and therefore replacement regulations are needed to govern
land use in the County; and
WHEREAS,
in 1998, the County completed environmental review under Chapter 43.21C RCW
(SEPA) on its Comp Plan and Development Regulations including Critical Area
Exemptions; 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 the exemption for existing
and on-going agriculture, needed on an interim basis to comply with the Order
of the Western 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 renew interim regulations for one or
more six-month periods so long as a public hearing is held and findings of fact
are made prior to each renewal; and
WHEREAS,
through Ordinance C-77-99, Island County adopted interim regulations limiting
the exemption for existing and on-going agricultural activities to lands that
are zoned CA; and
WHEREAS,
by the terms of C-77-99, these regulations remained in effect for six (6)
months; and
WHEREAS,
through Ordinance C-152-99, Island County adopted a four (4) month extension to
C-77-99; and
WHEREAS,
through Ordinance C-28-00, Island County adopted an additional six (6) month
extension to C-77-99 expiring on October 5, 2000; and
WHEREAS,
through Ordinance C-90-00 adopted on October 4, 2000, Island County adopted
an additional six (6) month extension to C-77-99 expiring on April 4, 2001; and
WHEREAS,
on November 17, 2000, the Growth Board determined that the application of the
agricultural exemption to existing and ongoing activities within the Rural
Agriculture Zone as well as the Commercial Agriculture Zone is compliant with
the GMA and that application of the exemption to the same activities within the
Rural Zone is not GMA compliant; and
WHEREAS,
Island County filed a court appeal of the Board’s decision disapproving the
agricultural exemption as it relates to lands designated Rural in Island
County v. Western Washington Growth Management Hearings Board, Island
County Superior Court No. 00-2-00757-9, but it is necessary that an interim
ordinance be reenacted to avoid a determination of invalidity during the
pendency of the lawsuit; NOW, THEREFORE,
BE
IT 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 amendment to ICC 17.02.107.E. attached
hereto as Exhibit A establishing interim regulations relating to the exemption
of existing and ongoing agricultural activities from critical area regulations
and the Findings and Legislative Intent attached hereto as Exhibit B. Material underlined is added.
BE IT FURTHER ORDAINED that this
amendment to the existing and ongoing agriculture exemption shall go into
effect on the date of adoption and shall remain in effect until Court approval
of the existing and ongoing agriculture exemption as it was adopted in
Ordinance C-151-99 or six (6) months, whichever is earlier. Should the Court not issue a decision
approving the existing and ongoing agriculture exemption as contained in
Ordinance C-151-99 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.
Reviewed this 12th day of March, 2001 and
set for public hearing at 10:45 AM on the 2nd day of April, 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 01-190
APPROVED AND ADOPTED this 2nd day of
April, 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
& Island County Code Reviser
[Exhibits A and B
placed on file with the Clerk of the Board]
[GMA
#6467]
There being no further business to come before the Board at this time, the meeting adjourned at 10:50 a.m.,
to meet next in Regular Session on
April 9, 2001, beginning at 9:30 a.m.
BOARD
OF COUNTY COMMISSIONERS
______________________________
William F. Thorn, Chairman
_____________________________
Wm. L. McDowell, Member
_____________________________
Mike Shelton, Member
ATTEST:
_________________________
Margaret
Rosenkranz, Clerk of the Board