ISLAND COUNTY
COMMISSIONERS - MINUTES OF MEETING
Regular
and Special Session - October 22, 2001
SPECIAL SESSION
The
Board met in special session beginning
at 9:30 a.m. on October 22, 2001,
in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa.,
with William F. Thorn, Chairman, and
Mike Shelton, Member, and Wm. L.
McDowell, Member, present. The purpose of the special session was to
conduct a Budget Workshop related to the
following budgets for a general review with the Budget Director. Notes taken during Budget Workshop will be
placed on file in the Office of the Board of County Commissioners and the
Budget Director. Next budget workshop
will take place on November 5, 2001 at 1:30 p.m.
REGULAR SESSION
The Regular Meeting of the Board of Island
County Commissioners was held on October 22nd at 11:30 a.m.
for a Roundtable with Elected Officials, followed by other topics at 1:30 p.m. as
outlined on the agenda, including Diking Improvement District
#4. The meeting was held in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa.,
with William F. Thorn, Chairman, and
Mike Shelton, Member, and Wm. L.
McDowell, Member, present.
Roundtable
Meeting with Island County Elected Officials
Attendance:
Elected
Officials: Greg Banks; Mike Hawley; Jane Koetje; Maxine Sauter;
Suzanne Sinclair
Others: Elaine
Marlow; Dick Toft
Public Information
Law. Hand-out: Everett Herald
article 10/21/01 entitled “Agencies routinely violate public information law,
audit find”. Mr. Banks provided copies of the article and information on how
to receive by mail or down-load from the web a manual to assist with compliance with the Public Records Disclosure Act. In light of the article,
Mr. Banks thought it timely to follow up and noted he will plan for his
office to give a brief training session [potentially at a
department head meeting] for elected officials and department heads because it is an area of potential liability
exposure for the County.
2002 County Budget
The
Chairman verified that the Board continued to
look into a number of suggestions in an effort to find the best way to
work through the budget in terms of
revenue deficit. His opinion was that
nothing suggested thus far was “off the table”
and the Board is in the process of trying to make some preliminary decisions.
The Board is looking at finding ways to
stretch things out, such as, for the motor pool to extend the
lifetime of vehicles from 7 to 10
years, with a couple of exceptions, one the Sheriff based on safety factors for
the type of driving necessary.
Commissioner
Shelton added that the Board has taken under review banked levy capacity, but
even at the rate allowed, still would not be an overwhelming amount - $500,000 when looking at a shortfall in
the area of 1-1/4 million dollars.
With
regard to health issues and funding at
the State level in light of recent events, there was some discussion about
whether or not the State would be looking to put additional monies into the
public health system. One of the
things that Chairman Thorn commented about was a scheduled “panel” to take place at the Camano Town Hall meeting scheduled for the evening of November 7th
with such folks as Emergency Services and the Sheriff to review what systems are in place and the considerable ability
we have to deal with some of these
issues. He would like to see such a
meeting occur on Whidbey Island as well.
Meeting
adjourned at Noon. Next Roundtable
scheduled for 11/26/01 @ 11:30 a.m.
MINUTES APPROVED
By
unanimous motion, the Board approved and signed minutes from Regular Session of
October
8, 2001.
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board: Voucher/Warrant #'s:
109429-109689 . . . . . . . . . . . . . .$567,987.67.
Veterans
Assistance Fund: [emergency financial
assistance to certain eligible
veterans; the names and specific circumstances are maintained
confidential]. Claim V1-21, on appeal, as recommended by
the Veterans Assistance Review Committee, was approved by unanimous motion of
the Board in the amount of $324.64.
Staff
Session Schedule for November 2001
The
Board, by unanimous motion, approved the Staff Session Schedule for November
2001 for distribution, outlining the
regular staff sessions to be held on November 7 and 21 beginning at 9:00
a.m.
APPOINTMENTS/REAPPOINTMENTS
TO BOARDS, COMMITTEES, COMMISSIONS
Island County Board of Health
The Board of County Commissioners received today a
letter from Peter Borden, President, Board of Commissioners, Whidbey General Hospital, advising that the Board of Commissioners of Whidbey Island
Public Hospital District recommend that
Barbara Saugen be appointed to the Island County Board of Health to fill the
position formerly filled by Holy Schoenknecht. The process is as outlined in Island County Ordinance #C-132-99
adopted on November 8, 1999. Ms.
Schoenknecht resigned from the position for personal reasons in a letter received
October 10, 2001.
By unanimous motion, the Board appointed Barbara Saugen
to represent the Board of Commissioners for Whidbey Island Public Hospital
District on the Island County Board of Health to fill the position formerly held by Holly Schoenknecht.
Policy Board for
Transportation Safety Project – SR 20 – Sharpes Corner to SR 536
A letter was
received from Paul Johnson regarding
formation of a Policy Board for the transportation safety project - SR
20 Sharpes Corner to SR 536, advising about the restructuring of the project and
inviting a delegate from the Board of Island County Commissioners to sit
on the policy board. By unanimous
motion, Commissioner McDowell was appointed to serve on the Policy Board
representing the Board of Island County Commissioners.
The
following Personnel Authorization Actions were approved by unanimous motion of
the Board, after briefing by Dick Toft, Human Resource Director:
Dept. PAA # Description/Position No. Action Eff. Date
Juvenile Ct. 108/01 Vol.
Pro Asst.CASA #1905.00 Replacement 11/12/01
Superior Ct. 109/01
CH Facilitator .2 fte #2009.00 Replacement 10/29/01
Central Ser. 110/01
Tele Specialist #707.00 Repl/Pers.
Action 11/13/01
Central Ser. 111/01
Microcpr Supt. Tech
#712.00 New Position 10/22/01
[new position 712; cancel position
#708]
PAA
#112/01, for Chief Deputy Auditor, Position
#201.00 was presented and discussed.
While the Commissioners agreed on the proposed personnel action that the employee be paid at the base rate
as opposed to entry level, there was some discussion as far as effective date. The Auditor’s request was that the effective
date be September 1, 2001. Commissioners Thorn and Shelton agreed. Commissioner McDowell was concerned about doing that since typically the action is effective the date
approved.
On
motion of Commissioner Shelton,
seconded by Commissioner Thorn, the Board by majority vote approved PAA 112/01
with an effective date of September 1, 2001; Commissioner McDowell
opposed.
RESOLUTION #C-129-01
SUPPORTING THE 2001 UNITED WAY
DRIVE WITHIN ISLAND
COUNTY
Dick
Toft presented for the Board’s action proposed Resolution #C-129-01, supporting
the 2001 United Way Drive within Island County, typically an action taken
annually this time of year.
Chairman
Thorn sits on the United Way Board and
is aware that with events of September
11th and subsequent events,
many dollars have been directed to the East Coast and concern has been raised
locally that sufficient dollars remain to deal with local concerns and
problems. He stressed the importance of
supporting local folks as well and the
need for everyone to pitch in locally.
By
unanimous motion, the Board approved Resolution #C-129-01 supporting the 2001
United Way Drive within Island County and designating the period of October 22nd
to November 9th as the Island County United Way Fund Drive.
BEFORE
THE BOARD OF COUNTY
COMMISSIONERS
ISLAND COUNTY, WASHINGTON
IN THE MATTER OF SUPPORTING ]
WHEREAS, United
Way of Island County is a major
contributor of funds providing support to organizations serving community needs
for infants, youth, adults, seniors, and those with physical; and mental health
problems;
WHEREAS, many
of these programs are proactive and address issues before they become
County wide problems, it is in the County’s best interest to provide active
support to United Way;
WHEREAS, United Way returns 92% of funds collected
directly back into programs that meet the needs and serve the citizens of Island County;
WHEREAS, all employees of Island County are
encouraged to remember citizens of the County who find themselves in a time of
need and who will benefit from our generosity;
WHEREAS,
it is requested that each department identify an individual to be the
department’s 2001 coordinator who can answer questions and provide
assistance in the conduct of this year’s
drive;
BE IT RESOLVED, that the Board of County Commissioners designates the period
of October 22nd to November 9th, 2001 as the Island
County United Way Fund drive.
ADOPTED
this 22nd day of October, 2001.
BOARD
OF COUNTY COMMISSIONERS
ISLAND COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
Wm.
L. McDowell, Chairman
ATTEST:
Elaine Marlow
Clerk of the Board BICC
01-696
HEARING
SCHEDULED: ORDINANCE #C-130-01 –
ORDINANCE REDESIGNATING HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY
Betty
Kemp, Director, GSA, recommended the Board schedule a public hearing to consider
an ordinance to redesignate the command
agency for hazardous materials incidents in the unincorporated areas of Island County from Island County Emergency
Services Department to the Washington State Patrol. The ordinance was accompanied by her cover memorandum dated
October 15, 2001, and an October 10, 2001 memorandum from David L. Jamieson, Jr., Chief Civil Deputy
Prosecuting Attorney.
By
unanimous motion, the Board scheduled Ordinance #C-130-01 for public hearing on
November 26, 2001, at 1:45 p.m.
Claim
for Damages R-01-022CD – Christopher A. Garden
Claim
for Damages R-01-022CD received by
Christopher A. Garden on September
28, 2001, alleging demotion without cause, violation of due process and
invasion of privacy. Betty Kemp
presented her recommendation under
cover memorandum dated October 8, 2001, concurring with the Sheriff that
the claim be denied based on previous conclusions reached with the assistance
of legal representation for claimant, and the Sheriff’s Office.
By
unanimous motion, the Board approved the recommendation of the Risk Manager and
denied Claim for Damages R-01-022CD by Christopher A. Garden.
Washington State Digital Copier Contract #05899-
Blackburn Office Equipment
Under State Purchasing Contract for Digital Copiers, Contract #05899, the Board by unanimous motion approved the
Contract for a new copier for the
Island County Clerk’s Office c/o Blackburn
Office Equipment,
#RM-CENT-01-0098, in the amount of $12,282.66.
Libby
Beach Improvement Contract
As
a follow-on to the award of bid by the
Board on September 24, 2001, for Libby Beach Improvement to Lyrch and
Associates, Mt. Vernon, in the amount of
$160,987.95, Ms. Kemp now presented for approval the Contract and
Performance Bond with that firm, #RM-GSA-01-0099.
The
Board by unanimous motion approved the
Contract and Performance Bond, with
Lyrch and Associates #RM-GSA-01-0099 in the amount of $160,987.95.
Contract
#HS-06-01 AMENDMENT (1) FOR Contract
Monitoring Services WITH Sharon M. Robinson
Contract
Monitoring Services with Sharon M. Robinson, Contract # HS-06-01(1), in the
amended amount of $1,200, for a new total contract amount of $5,200, was approved by unanimous motion of the Board [RM-HLTH-99-0105], for
the period 1/1/01 to 12/31/01.
FReeland Sewer Project - Notice of intent to solicit
list of
qualified applicants for professional engineering
services
Phillip Bakke, Director, Island County Planning &
Community Development Department, by way of memorandum dated this date, asked
for approval to advertise to establish the slit of applicants for request for
proposal for the Freeland Sewer Project.
His memorandum pointed out that the request for proposal
is a two step process for professional engineering services; first to develop
alternatives to provide sewer service
for the greater Freeland area; second to choose a preferred alternative to
develop and complete a wastewater facilities plan to accommodate sewer service
needs for the greater Freeland area in conjunction with the ongoing Freeland
Non-Municipal Urban Growth Area Study.
The work is to satisfy and be consistent with the
Ecology guidelines and WAC 173-240 and Federal requirements for a wastewater
facilities plan (CFR 35.917). If
approved, the Department will immediately commence advertising for the purpose
of establishing a list of qualified applicants prior to the call for bids RCW
39.80.
By unanimous motion, the Board concurred with the
request and approved advertising to establish the list of applicants.
Resolution
#C-131-01/R-58-01 Approving Plans &
Specifications and Authorizing Call for
bids for 2001 Guardrail
Projects,
Whidbey
& Camano Island - CRP 01-06
Resolution
#C-13101/R-58-01 Approving Plans &
Specifications and Authorizing Call for
bids for 2001 Guardrail
Projects, Whidbey & Camano Island; CRP 01-06, was approved by unanimous
motion of the Board, as presented and recommended for approval by Bill Oakes,
Public Works Director.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
& SPECIFICATIONS AND AUTHORIZING )
RESOLUTION C-131 -01
CALL FOR BIDS FOR 2001 GUARDRAIL ) R- 58 -01
PROJECTS-WHIDBEY & CAMANO )
ISLANDS, CRP 01-06, WO 86
)
WHEREAS,
sufficient funds are available in the Island County Road Fund for 2001
Guardrail Projects-Whidbey & Camano Island; NOW, THEREFORE,
BE IT
HEREBY RESOLVED that the Plans and Specifications are
approved and that the County Engineer
is authorized and directed to call for bids for furnishing said
construction. Bid Opening is to be the
9th day of November, 2001 at 11:30 a.m., Meeting Room 2, located in
the Courthouse Annex, Coupeville, Washington.
ADOPTED
this 22nd day of October, 2001.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
William
F. Thorn, Chairman
Mike
Shelton, Member
William
L. McDowell, Member
PROPOSED
Resolution Adopting Revisions to Island County Real Property Right-of-Way
Procedures
Proposed
Resolution /R-59-01 Adopting Revisions to Island County Real Property
Right-of-Way Procedures was pulled from the agenda by Mr. Oakes, for further work and discussion.
Contract/Contract
Bond With Island CONSTRUCTION Site & Utilities, Inc. For Seaward Way Road
Repairs #CRP 01-04
As
submitted by Mr. Oakes with a recommendation of approval in accordance with prior award of bid, the
Board by unanimous motion approved the Contract and accepted the Contract Bond
for Seaward Way Road Repairs under CRP
01-04, Work Order 129, with Island
Construction Site & Utilities, Inc. in the amount of $299,984.30
Agreement
Fulfillment Statement #PW-012101-East Camano Drive, Phase 2, fence & drainfield relocation -
Brian & Lynne Kegley
Mr.
Oakes recommended approval of Agreement
Fulfillment Statement #PW-012101, for
East Camano Drive, Phase 2, under
CRP 96-05, W.O. #208, fence and
drainfield relocation, by Brian &
Lynne Kegley, Parcel #510-0980, located
in Sec. 7, Twp 1N., R 3E. Conditions of
the Fence and Drainfield Relocation Agreement dated 2/2/01 [Auditor’s File
#20026276] have been fulfilled.
Based
on that recommendation, the Board by unanimous motion, approved Agreement
Fulfillment Statement #PW-012101, for
East Camano Drive, Phase 2, under
CRP 96-05, W.O. #208, fence and
drainfield relocation, by Brian &
Lynne Kegley, as presented.
Supplemental
Agreement # 6 – PW-962043, Harding Lawson
Associates,
Inc.
The
Board, by unanimous motion, approved Supplemental Agreement # 6 , #PW-962043 to
Professional Services Agreement with Harding Lawson Associates, Inc., for East
Camano Drive, Phase 2, under CRP96-05,
W.O. 208, adding $65,000 to the scope of
work for contract administration and construction inspection of the project, as
recommended by the Public Works Director.
Supplemental
Agreement #1 – ON-CALL MATERIALS ENGINEERING & COMPACTION TESTING FOR
MISCELLANEOUS PROJECTS –
AGREEMENT
#PW-0020-26
By
unanimous motion, based on the recommendation
of the Public Works Director, the Board approved Supplemental Agreement #1 to Contract
#PW-0020-26 [RM-PW-012112] with Materials Testing & Consulting, Inc.,
revising scope of work by $63,500.00, and extending completion date for work
associated with Camano Road Maintenance Facility to 11/1/02.
Release
of Bonds 76-0120-11876-97-1 & No. 76-0120-14500-98-0 for Brentwood DIVISIONS #1 and #2, and
ACCEPTANCE OF Bond
#400SC8198
Divisions No. 1, 2, & 3 - Krieg Construction, Inc.
As
presented by Mr. Oakes, further detailed in a
Memorandum dated 10/18/01 from Dick Snyder, County Engineer, the Board by unanimous motion, approved the
release of bonds #76-0120-
11876-97-1 and #76-0120-14500-98-0 from Krieg
Construction, Inc. for Brentwood
Divisions #1 and #2, in the amount of
$120,000.00 and $334,606.25 respectively, and accepted Bond #400SC8198 from Krieg Construction, Inc., for Brentwood
Divisions No. 1, 2, & 3 for
completion of project requirements in the amount of $127,484.38.
HEARING
HELD: Franchise #105(R), Livingston Bay
Heights Water Company renewal of
existing water distribution system
At
2:20 p.m. as advertised, Chairman Thorn opened a Public Hearing to
consider Franchise #105(R), Livingston
Bay Heights Water Company, renewal of
existing water distribution system in the
Plat of Livingston Bay Heights,
located in Section 32, Twp.
32N., Rge 3E, Camano Island. Mr. Oakes
summarized that: the Company has no
plans for expansion of current system; all departments requested to comment
responded with no objection; Prosecuting Attorney’s office reviewed and
approved the documents as to form, and
reviewed and approved by Risk Management.
At the time of hearing, no one was present in the audience to comment
either for or against said franchise renewal.
The
Board, by unanimous motion, approved
Franchise #105(R), Livingston Bay Heights Water Company, renewal of existing water distribution
system in the Plat of Livingston Bay
Heights, located in Section 32, Twp. 32N., Rge 3E, Camano Island.
HEARING
HELD: Franchise #54(R), Lone Lake
Shores Community Association renewal of existing water distribution system
A
Public Hearing was held as advertised beginning at 2:25 p.m. for the purpose of
considering
renewal
of Franchise #54(R), Lone Lake Shores
Community Association, for their
existing water distribution system in the Plat of Lone Lake Shores, located in Sec 8, Twp. 29N., Rge 3E.
As Mr. Oakes noted, outlined in
memorandum dated 9/21/01, there are no plans for expansion of the current water
system; all departments requested to comment responded with no objection;
Prosecuting Attorney’s office reviewed and approved the documents as to form,
and reviewed and approved by Risk Management.
At
the time of hearing, no one was present in the audience to comment either for
or against Franchise renewal.
By
unanimous motion, the Board approved
Franchise #54(R), Lone Lake Shores Community Association, for existing water distribution system in the Plat of Lone Lake Shores, located in Sec 8, Twp. 29N., Rge 3E.
FEMA
Hazard Mitigation Grant Application
Dick
Snyder asked that the Board approve the FEMA Hazard Mitigation Grant
Application for submittal to Washington
State Military Department Emergency
Management Division and authorize the Chairman’s signature once
application finalized in light of October 31st submittal deadline
and the fact there is no Board meeting on October 29th. A copy of the grant application form and details were briefly reviewed with the
Board, and Mr. Snyder noted this
application was for funds to assist with new road connection between Houston
and Race Road to provide alternate
detour in event of major highway
closure. Once the application is
submitted, he hoped the County would know by February whether or note they were successful in obtaining the grant. Potentially 1-1/2 million dollars is
available and the local match would be about 10%.
By
unanimous motion, the Board approved grant application submittal along the
lines discussed today, and authorized the
Chairman to sign the application
once completed.
Central/South
Whidbey Nonpoint Pollution Prevention Action Plan
A
resolution was proposed for the purpose of setting a public hearing on the
Central/South Whidbey Nonpoint Pollution Prevention Action Plan. Under discussion, the Commissioners and Mr.
Oakes agreed, particularly in light of
#3 under Executive Summary, that the cart was in front of the horse, and
the item pulled from the agenda at this
time.
WSDOT - Island County(Patmore) Land Exchange
The topic of Washington
State Department of
Transportation (WSDOT) Island County (Patmore) Land Exchange was presented
by Dave Bonvouloir, Solid Waste Manager, for review and discussion of the WSDOT proposal letter dated October 17,
2001 to re-bid the scaled back project.
WSDOT is amending the design and
agreed to split the dollar difference with Solid Waste to commit to a
maximum additional amount of about
$63,000. Mr. Bonvouloir spoke in
favor of the proposal, the project critical to Solid Waste and the future of
the facility from a traffic and
interior circulation perspective and the issue with respect to
groundwater. The proposed agreement is
as follows:
“We
have reviewed your proposal letter of October 17th, 2001 and agree
with your proposal to re-bid the scaled back project. With the intent that should the bid again exceed the $289,968
limit, the County and WSDOT will have the option of again rejecting all bids or
agreeing to award the contact. If the
decision is to award, the additional budget increase needed to award will be
split 50%-50% between WSDOT and the County. This alternative funding is allowed
by section 4.3 of our interlocal agreement GCA 3011."
The Board, after discussion and review with Mr.
Bonvouloir, authorized the Chairman’s signature on the letter to be signed by
Bill Oakes to Washington State
Department of Transportation agreeing with the proposal to re-bid the scaled
back project.
Resolution #C-132-01 (PLG-019-01) Amending boundaries of
Lake Grove Water System Service Area
Jeff Tate presented for the Board’s approval Resolution
#C-132-01 (PLG-019-01) Amending boundaries of Lake Grove Water System Service
Area, Camano Island. A property owner
was included in the service area and the water purveyor and the property owner
want that parcel removed from the service area because it is already served by
a private well. Mr. Tate was in favor
of the Board’s approval.
By unanimous motion the Board approved al Resolution
#C-132-01 (PLG-019-01) Amending boundaries of Lake Grove Water System Service
Area.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN THE MATTER OF AMENDING THE SERVICE AREA FOR
THE LAKE GROVE WATER SYSTEM AND INCORPORATING THE AMENDED SERVICE AREA INTO
THE COORDINATED WATER SYSTEM PLAN. |
) ) RESOLUTION C-132-01 )
PLG-019-01 ) ) ) |
WHEREAS,
parcel S7067-00-00006-0, located in the plat of Grove Lake, is currently
located within the Lake Grove Water Association service area boundary, as
identified in Exhibit A; and
WHEREAS,
parcel S7067-00-00006-0, located in the plat of Grove Lake is currently
developed with a single family residence that is being served by a private
well; and
WHEREAS,
there is no further development potential on parcel S7067-00-00006-0 and the property owner and Lake Grove Water
Association desire to modify the service area boundary to
remove said parcel; and
WHEREAS,
the Lake Grove Water Association plan
and service area have been reviewed for consistency with the Island County
Comprehensive Plan, the Island County Coordinated Water System Plan, and other
applicable State and local codes and regulations; and
WHEREAS,
pursuant to WAC 197-11-800(4)(b) appropriations of 2,250 gallons per minute or
less of ground water are exempt from SEPA review; and
WHEREAS,
the Lake Grove Water System has been appropriated ground water withdrawal at a
rate of 15 gallons per minute which exempts this system from SEPA review; NOW, THEREFORE,
BE
IT RESOLVED by the Board of Island County Commissioners
that the service area of the Lake Grove Water System, attached hereto as
Exhibit C, is hereby incorporated into the Island County Coordinated Water
System Plan.
APPROVED AND ADOPTED this
22nd day of October,
2001.
BOARD OF COUNTY COMMISSIONERS OF
ISLAND COUNTY, WASHINGTON
William F. Thorn,
Chairman
Mike Shelton, Member
Wm. L. McDowell,
Member
ATTEST:
Elaine Marlow
Clerk of the Board BICC
01-706
[Exhibit A – on file with
the Clerk of the Board ]
HEARING
HELD: ORDINANCE #C-117-01 Establishing
Outdoor
Burning
Permit & Enforcement Program
A
Public Hearing, as advertised and scheduled, was held at 2:55 p.m. on Ordinance
#C-117-01 Establishing Outdoor Burning Permit and Enforcement Program, under
the Washington State Clean Air Act, Chapter 70.94 RCW.
Betty
Kemp summarized that Northwest Air Pollution Authority [NWAPA] will no longer
be handling the outdoor burning permit program, and because of that, Island
County in conjunction with Skagit County,
entered into a Memorandum of Agreement to assume responsibility for issuing and enforcing outdoor burning permits and
regulations for residential burning, land clearing burning, storm and flood
debris burning and recreational fires. Proposed also today once the ordinance is
adopted, is a fee schedule for burning permits in unincorporated Island
County.
Rob
Harbour, Manager, Ebey’s Landing National Historic Reserve, raised a concern
having to do with prescribed burns for the management of rare and endangered
species or plant communities. He called
NWAPA and Puget Sound Clean Air and was unable to get what he felt was a clear
answer about how this Ordinance might affect that. The more he looked into it he thought the State Law was what
needed to be changed as opposed to County Ordinance. With that in mind, he was curious about the intent of the
ordinance is to prohibit a prescribed
burn that might be done to encourage the growth of Wild Iris or Golden Indian Paintbrush or some other threatened or endangered
species. Mr. Harbour concurred with that.
Under Ordinance #C-117-01, prohibited burns are listed and permitted
burns and hoped that adoption of this ordinance did not inadvertently prohibit
a burn that should be allowed in the future, and if so, the Board then be open
to amending this ordinance. He did take note of the footnote at the
bottom of Page 3 includes “…rare and endangered plant regeneration fires and any other type of outdoor burning
not covered by this chapter, contact the Northwest Air Pollution Authority”.
Chairman
Thorn stated that the Ordinance being
silent on that subject was out of
ignorance and was not something he recalled brought up in any discussions with
staff or NWAPA. At the very least it
could be considered land clearing
burning and proceed accordingly.
He did not know of any reason why the County would prohibit that.
Commissioner
Shelton was aware of controlled burns in Eastern Washington to encourage the
growth grasses and it is something
tightly regulated by the Department of
Ecology, and so he thought in those types of burns Mr. Harbour referred to
would probably not rest with this Board or ordinance but more likely with the
Department of Ecology. He did not think the Board with this
ordinance intended in any way to outlaw
such burns.
Chairman
Thorn agreed that was not his intent.
The definition of land clearing burning states it is “outdoor burning of
trees, stumps, shrubbery, or other natural vegetation from land clearing
projects (i.e. projects that clear the land surface so it can be developed,
used for a different purpose, or left unused)." and he thought the type of burn Mr. Harbour was concerned about
would qualify under that category.
Commissioner
McDowell believed that kind of burn was allowed now; the bigger problem will be
when unincorporated Island County
population reaches over 50,000.
There
were no further comments from members of the public and the public comment on
the Ordinance was closed.
Commissioner
McDowell brought up that on page 5, under Penalties, item C, the language
provides that Civil infractions of this ordinance are Class 1 infractions carrying a $250 penalty and he suggested
that should be amended to say “…up to a $250 penalty” because for some period
of time focus will be an education process for the public rather than
penalties.
Chairman Thorn
was uncomfortable with having that
flexibility built in, which he thought
from an auditor’s point of view too open to fraud; it is the principle and the way the auditors would look at it when left as optional.
Fire
Warden Fred Wefer who has been working with the program in Whatcom County confirmed that provisions
in Whatcom County give the ability to charge the full penalty for someone who habitually offender versus
someone who is a first time offender working closely with NWAPA. Typically they are out to educate people to
start with.
And
Commissioner McDowell made the point that
NWAPA has based the amount of penalty on the severity of the offense and
number of offenses in making a determination on amount of fine.
The
Board by unanimous motion adopted Ordinance #C-117-01 Establishing Outdoor
Burning Permit and Enforcement Program under the Washington Clean Air Act,
Chapter 70.94 RCW, with change on page 5 , under Penalties, item C, to add “up to” in front of the word a, so that section reads: Civil
infractions of this ordinance
are Class 1 infractions carrying up to a $250 penalty…”.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON