ISLAND COUNTY COMMISSIONERS - MINUTES OF MEETING

REGULAR SESSION - JANUARY 7, 2002

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on January 7, 2002, beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with Mike Shelton, Chairman,; Mike Shelton, Chairman, Wm. L. McDowell, Member, and William F. Thorn, Member, present. By unanimous motion, the Board approved and signed the December 24, 2001 minutes of meeting.

VOUCHERS AND PAYMENT OF BILLS

Year 2001 vouchers/warrants [dated 1/7/02 printed 10:25:24], were approved for payment by unanimous motion of the Board: Voucher (War.) # 114,514 – 114,773….. $138,012.95.

Year 2002 vouchers/warrants were approved for payment by unanimous motion of the Board: Voucher (War.) #114,775 -114,787…..$12,401.99.

Veterans Assistance Fund: [emergency financial assistance to certain eligible veterans; the names and specific circumstances are maintained confidential]. As recommended by the Veterans Assistance Review Committee, the Board by unanimous motion denied Veterans Assistance Claims #V1-23 and #V1-24.

Hiring Requests & Personnel Actions

As presented by Dick Toft, Human Resource Director, the Board by unanimous motion, approved the following personnel action authorization:

Dept. PAA Description Position # Action Eff. Date

Assessor #130/01 Appraiser I 1108.04 New Position 1-7-02

Sheriff #001/02 Dep. Officer 4012.03 Replacement 1-7-02

AMENDMENT #4-Consolidated Contract #C08645(4)

Having been approved by the Board of Health on December 17, 2001, the Board by unanimous motion, approved Amendment #4 to Consolidated Contract C08645(4) with the State Department of Health, for amended amount of $436,123.00, bringing the new total to $832,176, which extends the contract for 12 months [RM-HLTH-00-0020].

Intergovernmental Agreement with I-COM - State Enhanced 911 Operation Funds FY 2002

The Board, by unanimous motion, approved and signed Intergovernmental Agreement between Island County and Island County Emergency Services Communication Center (I-COM) for financial assistance for State Enhanced 911 Operational Funds FY 2002 in the amount of $304,866 [RM#BOC-01-0114] under State Military Department Contract EM 03-0087 with the County.

Resolution #C-01-02/R-01-02 – Amending CRP 01-04 Order #129-Seaward Way/Driftwood Way Road Improvements

As recommended by Bill Oakes, Public Works Director, the Board by unanimous motion approved Resolution #C-01-02/R-01-02 which amends County Road Project 01-04, Work Order #129, Seaward Way/Driftwood Way Road Improvements, increasing total amount by approximately $50,000 to cover additional slope stabilization work and some paving.

HEARING HELD: Ordinance #C-172-01/R-63-01 setting One-Year Load Restriction on Glendale Road

As advertised and scheduled, the Chairman opened a public hearing at 10:20 a.m. to consider Ordinance #C-172-01/R-63-01, setting a One-Year Load Restriction on Glendale Road, located in Sec. 1, Twp. 28N, Rge. 3E. Mr. Oakes presented staff recommendation to approve weight restriction on Glendale Road for a period of one year, from Humphrey Road to Holst Road, not to exceed 5 tons, with special permit required for anything over 5 tons.

No comments were made by members of the public at the time of hearing, either for or against the proposed ordinance.

Chairman Shelton supported adoption of the Ordinance after talking with construction folks with respect this action enabling subsurface to settle in and hopefully prevent asphalt cracks, etc.

Dick Snyder, County Engineer, concurred with the Chairman.

The Board, by unanimous motion, adopted Ordinance #C-172-01/R-63-01, setting a One-Year Load Restriction on Glendale Road, located in Sec. 1, Twp. 28N, Rge. 3E.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF SETTING A ONE-YEAR) ORDINANCE C-172-01

LOAD RESTRICTION ON GLENDALE ROAD) R-63-01

__________________________________________) WHEREAS, under the authority of RCW 46.44.080, the Board of County Commissioners may adopt, by ordinance, weight restrictions on public roads within their jurisdiction, whenever said road will be damaged unless the permitted weight of motor trucks or other vehicles are reduced; and

WHEREAS, portions of Glendale Road proposed for a load restriction were recently reconstructed under CRP 97-04; and

WHEREAS, it has been determined by the County Engineer that a portion of Glendale Road, some of which has been recently reconstructed, will be seriously damaged or destroyed unless the permissible weight of vehicles is reduced to five (5) tons maximum for a 9 one-year period; and

WHEREAS, it is in the public’s interest to preserve and prolong the integrity of the roadway surface and stability of the road base, and therefore maintain a safe roadway; and

WHEREAS, regulation of weight restrictions upon County rights-of-way is a function of police power properly exercisable by the Board of County Commissioners; NOW, THEREFORE,

BE IT HEREBY ORDAINED by the Board of County Commissioners of Island County, Washington, as follows:

The maximum authorized vehicular weight on the roads listed in the

attached Exhibit “A” shall be as indicated in said Exhibit.

THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FIFTEEN DAYS FROM And after its passage into law and terminate 1 year thereafter.

REVIEWED this 17 day of December, 2001, and set for public hearing on the 7 day of January, 2002 at 10:20 a.m.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William F. Thorn, Chairman

Mike Shelton, Member

Wm. L. McDowell, Member

ATTEST: Elaine Marlow,

Clerk of the Board

PASSED INTO LAW this 7 day of January, 2002 following public hearing.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

Mike Shelton, Chairman

Wm. L. McDowell, Member

William F. Thorn, Member

ATTEST: Elaine Marlow,

Clerk of the Board

APPROVED AS TO FORM:

David L. Jamieson, Jr.

Deputy Prosecuting Attorney and

Code Revisor BICC 01-810

[Exhibit “A” placed on file with the Clerk of the Board]

Hearing HELD: Ordinance #C-173-01/R-68-01 Regulating Speed

Limit on Glendale Road and Humphrey Road

As scheduled and advertised, a public hearing was held at 10:30 a.m. to consider Ordinance #C-173-01/R-68-01, regulating speed limit on Glendale Road located in Sec. 1, Twp. 28N., Rge. 3E and Humphrey Road, located in Sec. 1, Twp 28N., Rge 3E. and Secs. 25/26, Twp 29N., Rge 3E.

Staff recommendation presented by Mr. Oakes was in support of the Board’s approval of speed limit reduction as proposed on Glendale Road, reducing approximately the last half mile speed limit from 35 mph to 25 mph, and Humphrey Road setting consistent speed limit of 35 mph for the majority of the road, with the last section in the vicinity of Glendale Road being reduced to 25 mph.

On behalf of herself, and WEAN, Langley, Marianne Edain, agreed it was a good thing to reduce the speed limit but thought it a bad thing to have Glendale Road open so this is necessary. She believes it clearly foreseeable there will be damage, noting the further problem of an approved forest practice permit on the top of the hill which will cause pretty severe damage either to Glendale Road or Humphrey Road or both. Her view was that reducing the speed limit seems a sad after the fact bandaide for major decisions that should have been made earlier to protect that area.

Gretchen Vollbrecht, Humphrey Road, Clinton, has a child and noted there were a number of children who lived on the road, who cross to play with one another and wait for the school bus on it; and would like to see the speed limit reduced, and then be enforced. She noted there was a little boy already this year hit as he was waiting for the bus.

Steve Erickson, WEAN, Langley, suggested speed bumps.

With no further testimony from the public, the Board by unanimous motion, adopted Ordinance #C-173-01/R-68-01, an Ordinance of Island County regulating Speed Limit on Glendale Road located in Sec. 1, Twp. 28N., Rge. 3E and Humphrey Road, located in Sec. 1, Twp 28N., Rge 3E. and Secs. 25/26, Twp 29N., Rge 3E.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF REGULATING SPEED )

LIMITS ON HUMPHREY AND GLENDALE )

ROADS AS SHOWN IN ATTACHED EXHIBIT ) ORDINANCE C-173-01

“A” AMENDING ISLAND COUNTY CODE ) R-68-01

TITLE X, CHAPTER 10.01 )

WHEREAS, an engineering and traffic investigation has been made relative to Humphrey Road and Glendale Road by Nichols Consulting Engineers, an engineering consulting firm under contract with Island County to review the need for possible traffic calming measures on Humphrey Road and Glendale Road; and

WHEREAS, the speed limit on a portion of Humphrey Road, from the old Jim John Resort Road to a point 1.47 miles south of Orr Road, is still 50 miles per hour; and

WHEREAS, the speed limit on a portion of Glendale Road rebuilt under CRP 97-04 adjacent to the Plat of Glendale is 35 miles per hour; and

WHEREAS, from review of the information obtained during said engineering and traffic investigation, the 50 miles per hour speed limit on this section of Humphrey Road and the 5 miles per hour speed limit on this section of Glendale Road is greater than is reasonable and safe under the conditions found to exist upon the roads described on the attached Exhibit “A”; and

WHEREAS, the engineering and traffic investigation also revealed the need to adjust the speed on the roads listed on the attached Exhibit “A”; and

WHEREAS, regulation of maximum vehicle speeds and traffic control upon County roads is a function of police power properly exercisable by the Board of County Commissioners; NOW, THEREFORE,

BE IT HEREBY ORDAINED by the Board of County Commissioners of Island County, Washington, as follows:

The maximum speed on the roads listed in the attached Exhibit “A” shall be

as shown in said Exhibit, and the Island County Code is amended to read as

shown on said Exhibit. Underlined material is added to existing County code

and interlineated material is deleted.

THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FIFTEEN DAYS FROM And after its passage into law.

REVIEWED this 17 day of December, 2001, and set for public hearing on the 7 day of January, 2002 at 10:30 a.m.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

William F. Thorn, Chairman

Mike Shelton, Member

Wm. L. McDowell, Member

ATTEST: Elaine Marlow, Clerk of the Board

PASSED INTO LAW this 7 day of January, 2002 following public hearing.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

Mike Shelton, Chairman

Wm. L. McDowell, Member

William F. Thorn, Member

ATTEST: Elaine Marlow,

Clerk of the Board

APPROVED AS TO FORM:

David L. Jamieson, Jr.

Deputy Prosecuting Attorney and Code Reviser BICC 01-811

[Exhibit placed on file with the Clerk of the Board]

HEARING HELD: OPS 337/01, John & Irene Carr – Request change 35.9 acre parcel from Designated Forest to Timber Land current use classification. Parcel #R03225-463-4640, Central Whidbey Island

A Public Hearing was held to consider Open Space application OPS 337/01 by John & Irene Carr, requesting to change a 35.9 acre parcel from Designated Forest to Timber Land current use classification, Parcel #R03225-463-4640, located in Central Whidbey, in the NE ¼ of Section 25, Township 32N, Range 1W.

Island County Planning Staff Report was dated December 3, 2001, prepared by Jeff Tate, and included Proposal, Findings, Analysis, Conclusions and Recommendation. This is a single undeveloped parcel 35.9 acres in size, currently classified in the Designated Forest tax program, originally harvested around the turn of the Century. Applicants submitted a Forest Land Management Plan containing all of the referenced information. The preservation of this parcel in a state of timber land is consistent with criteria in RCW 84.34.04 (a)-(c) and the Island County Comprehensive Plan. Staff recommended approval, subject to the following conditions:

1. All future forest practices activity on the subject property shall be consistent with the submitted Forest Land Management Plan and all Resource Management Recommendations contained in the report shall be followed as a condition of this approval.

2. All future forest practices activity on the subject property shall [be] consistent with Washington Forest Practices Regulations, RCW 76.09 and WAC 222, and all other applicable County, State and Federal regulations.

3. This approval is limited to transfer of the subject parcel from Designated Forest to Open Timber current use. Additional permits and/or approvals will be required for other land use activities including, but not limited to, clearing and grading related to removal of timber.

No one in the audience spoke either for or against the Open Space Application.

By unanimous motion, the Board approved Open Space application OPS 337/01 by John & Irene Carr, requesting to change a 35.9 acre parcel from Designated Forest to Timber Land current use classification, Parcel #R03225-463-4640, located in Central Whidbey, in the NE ¼ of Section 25, Township 32N, Range 1W, as recommended by staff with conditions stated.

HEARING HELD: Ordinance #C-159-01 (PLG-028-01) Adopting Amendments to Chapter 16.19 ICC Land Use Review

As introduced on December 3, 2001 [GMA #7100] and scheduled for hearing this date and time, as advertised, a public hearing was held to consider Ordinance C-159-01 (PLG-028-01) Adopting Amendments to Chapter 16.19 ICC Land Use Review to correct an unintended inconsistency with the provisions of RCW 58.17.033 (1) with regard to the vesting of subdivisions and short subdivisions, to be retroactive to September 29, 1998 when Chapter 16.19 was adopted.

At the time of hearing approximately 20 people were in the audience. [sign-up sheet GMA #7138].

Correspondence received prior to the hearing includes:

§ Fax cover 12-31-01 with letter dated 12-28-01 from Gerald Steel, PE, Attorney-at-law, Seattle Comments for 1-7-02 hearing [GMA #7139]

§ Fax cover 12-28-01 w letter dated 12-28-01 re Public Disclosure request [GMA #7140]

Debra Little, Planning Manager, summarized the proposal as a technical amendment to the County Land Use Review process, Chapter 16.19 Island County Code, to bring the County Code into conformance with State regulations for land divisions, to clarify that a long or short subdivision application is considered vested on the date a complete application is submitted rather than on the date the county sends an acceptance letter. Approval of the proposed amendment will ensure that Island County regulations are consistent with language in State regulations contained in RCW 58.17.

Carolyn Cliff, Attorney, Langley, representing Swan Enterprises, Inc., submitted a copy of her

Outline of Remarks for 1/7/02 hearing on Ordinance C-159-01 regarding Island County Vesting of Short and Long Subdivision, including attachments: State law requiring that subdivision application vest to the zoning in effect at the time that a fully complete application is submitted; and ICC 16.06.090.F) by Carolyn Cliff, Attorney for Swan Enterprises, Inc. [GMA #7141].

Wayne Tippery, President, Swan Enterprises, Inc., was present in the audience at the time of hearing. Ms. Cliff confirmed that Swan is asking that the Board adopt the amendment and to adopt the amendment as it was proposed by the Island County Planning Department without changes requested by Gerald Steel representing Cameron Woodard Homeowners Association, for reasons stated in her submitted outline for the record. She agreed that language of the development regulations should be changed.

Steve Erickson, WEAN, Langley, made the point that Keith Dearborn, the County’s consultant, was paid over a million dollars, and recalled Mr. Dearborn having said that if something was ruled illegal or there was a problem, he would fix it at no charge; therefore, Mr. Erickson suggested the County send the bill to Mr. Dearborn for the time involved. He thought too that probably the bill for legal fees for Ms. Cliff and for Gerald Steel should be sent to Mr. Dearborn.

David L. Jamieson, Jr. Chief Civil Deputy Prosecuting Attorney, pointed out the problem with the ordinance was identified some time ago; he had informed the Planning Department when preparing a “clean-up” of other ordinances that it would be a good idea to add this. This is nothing new that came up as a result of Swan Enterprise, Inc., application. The State Constitution gives the authority to counties to make local ordinances so long as they are not in conflict with general laws of the State, citing explanation contained in Washington Supreme Court in Weeden v. San Juan County. The issue of whether a county can lawfully adopt an ordinance that would delay vesting of a subdivision or short subdivision was addressed in a case Adams v. Thurston County, in 70 Wa. Appellant 471. In that case, the Court of Appeals clearly said that Thurston County’s ordinance delaying vesting was invalid because there is a general state law stating that when short subdivisions or subdivisions are filed, when a complete application, those applications must be considered under the zoning and other land use ordinances in effect on the date that the application is filed, not later. The proposal before the Board today would bring the County ordinance into compliance with state law.

Commissioner Thorn believed the relevant language here was what constitutes a complete application which may or may not occur on the date the paperwork is turned in.

By unanimous motion, the Board adopted Ordinance #C-159-01/PLG-028-01 in the matter of adopting Amendments to Chapter 16.19 ICC Land Use Review. [GMA #7142]

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF ADOPTING )

AMENDMENTS TO CHAPTER 16.19 ) ORDINANCE C-159-01

ICC, LAND USE REVIEW ) PLG-028-01

)

WHEREAS, Chapter 16.06 ICC, the Island County Land Division Ordinance, was adopted in 1998 to govern land divisions in Island County and was expressly intended to implement Chapter 58.17 RCW; and

WHEREAS, Chapter 16.19 ICC, the Land Use Review Process, was substantially amended, also in 1998, to implement changes to the land use permit review process to comply with the 1995 Regulatory Reform Act (HB 1724); and

WHEREAS, the provisions of Chapter 16.19 ICC as amended regarding vesting can be construed to conflict with the provisions of RCW 58.17.033(1) with regard to the vesting of subdivision and short subdivision applications; and

WHEREAS, Island County did not intend to create any inconsistency between the provisions of Chapter 16.19 ICC and those of RCW 58.17.033(1) with regard to the vesting of subdivision and short subdivision applications, and Island County has processed such applications in conformity with the provisions of RCW 58.17.033(1) since Chapter 16.19 ICC was amended; and

WHEREAS, the provisions of Chapter 16.19 ICC as amended regarding vesting can be clarified to avoid an inconsistency with RCW 58.17.033(1); and

WHEREAS, such a clarification is remedial in nature and should therefore be expressly made retroactive to the effective date of the amendments to Chapter 16.19 ICC, so that the clarification applies to all subdivision and short subdivision applications submitted to Island County on or after that date; and

WHEREAS, pursuant to WAC 197-11-600, the County SEPA official has determined that the proposed changes to Chapter 16.19 ICC are not likely to have significant adverse environmental impacts that were not considered in the environmental documents prepared for the Comprehensive Plan and Development Regulations; NOW, THEREFORE,

IT IS HEREBY ORDAINED that the Board of Island County Commissioners hereby adopts the proposed amendment to Chapter 16.19 ICC attached hereto as Exhibit A, to be effective prospectively and, with respect to subdivision and short subdivision applications submitted on or after September 29, 1998, retroactively. Material stricken through is deleted and material underlined is added.

Reviewed this 3 day of December, 2001 and set for public hearing at 10:45 a.m. on the 7 day of January, 2002.

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 –01-777

APPROVED and ADOPTED this 7 day of January, 2002.

BOARD OF COUNTY COMMISSIONERS OF

ISLAND COUNTY, WASHINGTON

Mike Shelton, Chairman

Wm. L. McDowell, Member

William F. Thorn, Member

ATTEST: Elaine Marlow

Clerk of the Board

APPROVED AS TO FORM:

David L. Jamieson, Jr.

Deputy Prosecuting Attorney

& Island County Code Reviser [Exhibit placed on file with the Clerk of the Board]

HEARINGS HELD: Annual Comp Plan Amendments

Attendance Sheet entered as GMA record #7138. All ordinances were reviewed in Public Hearings before the Island County Planning Commission in June and July, 2001.

Ordinance C-162-01 (PLG-022-01) Amending the Island County Zoning Ordinance Chapter 17.03 ICC to Incorporate Site Coverage Variance Standards

A Public Hearing was held on Ordinance #C-162-01 (PLG-022-01) Amending the Island County Zoning Ordinance Chapter 17.03 ICC to Incorporate Site Coverage Variance Standards As introduced on December 3, 2001 [GMA #7103] and scheduled for hearing this date and time, as advertised. Prior to the Hearing, the following correspondence was received for the record:

§ 1/3/02 Letter from Steve Erickson, WEAN, comments on variance amendment #7145

§ 1/3/02 e-mail from Steve Erickson, WEAN, to Whatsnext RE variance amendment #7146

§ 1/3/02 e-mail from Drew Kampion RE impervious surface standards #7147

§ 1/4/02 e-mail from Duane Fulgham RE impervious surfaces #7148

§ 1/5/02 e-mail from Michael Seraphinoff - RE impervious surfaces #7149

§ 1/5/02 e-mail from Sarah Birger RE impervious surface rules #7150

§ 1/6/02 e-mail from Dean Enell RE impervious surfaces #7151

Jeff Tate, Comprehensive Plan Manager, gave the staff presentation and recommendation, and included a brief history:

1998 BOCC adopted Comp Plan and implementing development regulations, within which were a series of site coverage ratios, a broad term including three ratios: building coverage on lots; impervious surface coverage on lots; and open space coverage on lots. The matrix adopted in 1998 shows maximum percent allowed in each of those categories within different uses and zones. Since 1998 a number of requests for variation of those have been received. Staff presented to the Planning Commission for 2001 annual review a proposed variance process to allow variation of the ratios. Existing language allows for the variation of site coverage ratios and that the County may consider requests to vary or adapt strict application of any of the provisions listed, and parking, signage and site coverage requirements can be varied.

Seven standards in subsection D are the variance requirements to be met, one of which is that the variance must be to provide reasonable use of the parcel. Staff has found it difficult to make that finding for site coverage ratios and prepared an amendment to provide guidance on how to review that. The amendment would not allow something that is not already allowed in the code, rather creates perimeters and guidance for staff to implement it. He noted too that in some ways, creating the perimeters will be more restrictive and creates sideboards. The proposed amendment separates existing and new uses. “Existing Uses” refers to existing uses that no longer conform to what the zoning ordinance may allow now, either in the sense that the use is no longer permitted or that that use no longer conforms to a specific land use standard. The proposed amendment is consistent with the intent of the code which allows expansion of existing uses that no longer conform to specific land use standards.

The amendment contains a clause to state that open space requirements cannot be varied, only building coverage and impervious surface standards. It is something of a performance sort of review.

Commissioner Thorn referred to Section .210.D.3.a)(i) second sentence that states that “Existing Uses shall be allowed to exceed site coverage ratios …” noting that the word shall should be changed to may since it is a permissive thing that is being created. It makes sense in giving staff some criteria by which to judge these requests as they come in and to allow sideboards to be used to limit the degree to which this is applied. Mr. Tate agreed with that suggested change.