ISLAND COUNTY COMMISSIONERS -
MINUTES OF MEETING
REGULAR SESSION -
JANUARY 14, 2002
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Regular Session on January 14, 2002, beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa.,
with Mike Shelton, Chairman, Wm. L. McDowell, Member, and William F. Thorn, Member, present. By unanimous motion, the Board approved and
signed minutes from special sessions
held on January 3 and January 4, 2002.
VOUCHERS AND PAYMENT OF BILLS
The
following vouchers/warrants were approved for payment by unanimous motion of
the Board:
2002 Voucher (War.) #
114901-114939…………………. $158,305.81
2001 Voucher (War.) # 114943 –115206………………… $439,785.61
Hiring Requests
& Personnel Actions
As
presented by Dick Toft, Human Resource Director, the Board by unanimous motion,
approved the following personnel action authorization: Public Works Department PAA #022/02 Laborer I Position #2245.06, replacement,
effective 1/28/02.
EMPLOYEE
AWARDS PRESENTATION
EMPLOYEE SERVICE AWARDS
Loann
Gulick Auditor 25
Eileen
King . Auditor 15
Steve
Timm Sheriff
15
Brian
Weaver Solid Waste 15
Mike
Andriesen, Working Foreman, Camano
Road shop
SPECIAL RECOGNITION
Dick
Snyder Island County
Engineer
Doug
Holburt Island County Public
Works Department
Melinda
Buchholz Island County Planning
& Community Development Department
Sue
Higman Island County Planning
& Community Development Department
Carol
Benson Island County
Planning & Community Development Department
VETERAN’S ASSISTANCE ADVISORY COMMITTEE - REAPPOINTMENTS
By unanimous
motion, the Board made the following reappointments to the Veteran’s Assistance
Advisory Committee, for terms expiring January 2, 2004:
James
K. Johnston, Oak Harbor, Member At
Large representing North Whidbey
Bill
Cornell, Oak Harbor, Member At Large representing Veterans Organizations.
Coordinated
Prevention Grant Contract #G0200176
ISLAND COUNTY HEALTH DEPARTMENT AND
DEPARTMENT OF ECOLOGY
Having
been approved by the Board of Health on January 7, 2002, the Board by unanimous
motion approved and authorized the
Chairman’s signature on Coordinated
Prevention Grant, Contract #G0200176 in
the amount of $100,000 supporting
Solid Waste enforcement efforts and review of solid waste handling facilities,
for the period January 1, 2002 to December 31, 2003. [RM-HLTH-98-0015]
Liquor license
assumption Arirang Garden
Based
on recommendations of approval received from the Island County Sheriff and
Health Department, the Board by
unanimous motion approved Assumption of
Liquor License for Arirang Garden,
Goldie Road, Oak Harbor, License
078046-3E, by JK Arirang, Inc.
Resolution #C-03 -02/R-02-02 – Initiating CRP 02-01 - Moore Road
As described and recommended for approval
by Bill Oakes, Public Works Director, and Dick
Snyder, County Engineer, the Board by unanimous motion, approved Resolution #C-03-02/
/R-02-02 initiating County Road Project
02-01, Work Order #158, Moore Road on
Camano
Island [aka English Boom Road] related to
the upper parking lot, for a total CRP appropriation
of $17,900.00.
CONTRACT
AND CONTRACT BOND ACCEPTED FROM CORAL CONSTRUCTION 2001 Guardrail Project-Whidbey and Camano
Per
bid award made at a prior meeting to Coral Construction, the Board by unanimous
motion now approved and signed the
Contract and Contract Bond with that firm for the 2001 Guardrail Project on
Whidbey and Camano Islands under
CRP 01-06, Work Order #86, in the amount of
$22,020.00.
Coordinated
Prevention Grant Contract #G0200163
Island County Solid
Waste and Department of Ecology
As
recommended by the Public Works Director, the
Board by unanimous motion approved Coordinated Prevention Grant, Contract #G0200163 between Island County Solid Waste and
Department of Ecology with regard to
disposal of household hazardous waste, for the period of two years to December
31, 2003, a total cost of $288,404 (State share - $216,303, County share -
$72,101) [RM-SW-01-0113].
Hearing
Held: Franchise #58R, Scenic Heights
Water Association, Inc.; renewal FOR
existing water distribution system
A
Public Hearing was held as advertised at 10:20 a.m. to consider the renewal of Franchise #58R by Scenic Heights Water Association, Inc. for
their existing water distribution
system in the Plat of Scenic Heights, Division No. 1,2 & 3, Sec. 14, Twp.
32N., R 1E.
Mr. Oakes advised the Board that on review of
the proposal staff confirmed there are
no plans for expansion of the current system. As noted in the 12/17/01
Memo from the County Engineer,
all departments requested to comment responded with no objections to the
proposal. The Prosecuting Attorney’s
Office reviewed and approved the documents as to form and the document also has
been approved by Risk Management.
When
the Chairman called for public
comments, no one in the audience
expressed a desire to speak either for or against said renewal of the
franchise.
By
unanimous motion, the Board approved renewal of Franchise #58R by Scenic Heights Water Association, Inc.
, existing water distribution system in
the Plat of Scenic Heights, Division No. 1,2 & 3, Sec. 14, Twp. 32N., R 1E.
HEARING
HELD: Franchise #107R, Campo Hacienda
Community Association, renewal for
existing water distribution system
A
Public Hearing was held as advertised at 10:25 a.m. to consider the renewal of Franchise #107R, Campo Hacienda
Community Association’s renewal of
existing water distribution system in the Plat of Campo Hacienda, Division No. 1, Sec. 1, Twp 33N., Rge 1E.
Mr. Oakes
confirmed staff recommendation of approval, confirming this Association
had no plans for expansion of the current system. The County Engineer in his memorandum of 12/17/01
reported that all departments
requested to comment responded with no objections to the proposal. The Prosecuting Attorney’s Office reviewed
and approved the documents as to form and the document also has been approved
by Risk Management.
When
the Chairman called for public
comments, no one in the audience
expressed a desire to speak either for or against said renewal of the
franchise.
By
unanimous motion, the Board approved renewal of Franchise #107R, Campo Hacienda
Community Association’s renewal of
existing water distribution system in the Plat of Campo Hacienda, Division No. 1, Sec. 1, Twp 33N., Rge 1E.
HEARING HELD: ORDINANCE
#C-175-01/PLG-033-01 Interim amendment of ICC 17.02.110 to comply with the
Invalidity Order of the Western Washington Growth Management Hearings Board
regarding Type 5 Stream Buffers
As
introduced on December 17, 2001 [GMA #7112] and scheduled
for hearing this date and
time, as advertised, a public hearing was held at 10:45 a.m. to consider Ordinance #C-175-
01/PLG-033-01 in the matter
of
an Interim amendment of ICC 17.02.110 to comply with the
Invalidity
Order of the Western Washington Growth Management Hearings Board regarding
Type
5 Stream Buffers.
The
Ordinance was presented by Phil Bakke, Planning and Community Development
Director,
with respect to changing the Type 5 Stream Buffer
for non-rural lands from 25’ to 50’ as
required
by
the Growth Management Hearing’s Board.
At the time of hearing no one from the public attended
to either comment for or against the proposed ordinance.
The
Board, by unanimous motion, adopted Ordinance
#C-175-01/PLG-033-01 in the matter of
an
Interim amendment of ICC 17.02.110 to comply with the Invalidity Order of the
Western
Washington
Growth Management Hearings Board regarding Type 5 Stream Buffers. [GMA
#7160]
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN THE MATTER
OF INTERIM AMENDMENT OF ICC 17.02.110 TO COMPLY WITH THE INVALIDITY ORDER OF
THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD REGARDING TYPE 5
STREAM BUFFERS |
) ) ORDINANCE C- 175 –01 ) PLG-033-01 ) ) ) ) |
WHEREAS, various parties filed petitions with
the Western Washington Growth Management Hearings Board (“Board”) to review
Island County’s adopted GMA Comprehensive Plan (“Comp Plan”) and Development
Regulations; and
WHEREAS, the Board entered its Final Decision
and Order on June 2, 1999; and
WHEREAS, the Board found the Type 5 Stream
Buffer provisions of Island County’s Critical Areas Regulations (Chapter 17.02
ICC) invalid and therefore replacement regulations are needed to govern land
use in the County; and
WHEREAS, on April 10, 2000 the Board of Island
County Commissioners adopted Ordinance C-03-00 which increased the stream
buffer from 25 to 50 feet for all Type 5 streams that are tributary to a salmon
bearing stream and for all Type 5 streams in the Rural zone, but retained the
buffer at 25 feet for all other Type 5 streams; and
WHEREAS, on November 17, 2000 the Board ordered
that in order to remove its previous finding of invalidity the County must make
its 50-foot buffer requirement applicable to all Type 5 streams throughout
unincorporated Island County within 90 days of the Order or the Board would
recommend that the Governor impose sanctions on Island County; and
WHEREAS, Island County filed a court appeal of
the Board’s decision disapproving the Type 5 Stream buffers established in
Ordinance C-03-00 in Island County v. Western Washington Growth Management
Hearings Board, Island County Superior Court No. 00-2-00757-9, but it was
necessary that an interim ordinance be adopted to lift the finding of
invalidity during the pendency of the lawsuit and to avoid a recommendation of
sanctions to the Governor; and
WHEREAS,
pursuant to WAC 197-11-600, the County SEPA official determined that the
proposed changes to Chapter 17.02 ICC relating to Type 5 Stream Buffers, needed
on an interim basis to comply with the Order of the Growth Board, were not
likely to have significant adverse environmental impacts that were not
considered in the environmental documents prepared for the Comprehensive Plan
and Development Regulations; and
WHEREAS, interim amendments to the Type 5 Stream
Buffers were adopted and put into effect by Ordinance C-21-01 and readopted by
Ordinance C-92-01 which expires on February 12, 2002; and
WHEREAS, the Board has declared its intention to
renew the interim amendments to remain in full force during the pendency of the
lawsuit or until a determination is made whether any other permanent
regulations are necessary; and
WHEREAS, since as of today’s date no decision of
the Court has been issued, the Board intends to renew the interim ordinance to
be effective on February 12, 2002; NOW,
THEREFORE,
IT IS 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 makes the findings of fact, attached
hereto as Exhibit A, and renews the amendments to Chapter 17.02, attached
hereto as Exhibit B, relating to Type 5 Stream Buffers. Material stricken through is deleted and
material underlined is added.
BE IT FURTHER ORDAINED that the amendments to the Type 5 Stream
Buffers shall go into effect on February 12, 2002, and shall remain in effect
until Court approval of the Type 5 stream buffer provisions of Ordinance
C-03-00. Should the Court not issue a decision approving the Type 5 stream
buffer provisions of Ordinance C-03-00 within six (6) months from February 12,
2002, the effective date of renewal of this interim amendment, then the Board
hereby declares its intent to renew 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.
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 BICC
01-813
Approved and adopted this 14 day of January, 2002.
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 & Code
Reviser
[Exhibit A placed on file with the Clerk of
the Board]
HEARING HELD: Island County /
Oak Harbor Interlocal Agreement to jointly establish and implement policies and
procedures
governing the unincorporated portions of the Urban Growth Area and Joint
Planning Area of Oak Harbor
As introduced on
December 24, 2001 [GMA #7121]
and scheduled for hearing this
date, the Chairman opened a public hearing to consider Island County/Oak Harbor
Interlocal Agreement to jointly establish and implement policies and procedures
governing the unincorporated portions of the Urban Growth Area and Joint
Planning Area of Oak Harbor.
Mr. Bakke noted
that the first ten pages actually was
the Interlocal Agreement itself, the remaining attachments deal with codes already adopted and other codes
that will need to be adopted. If the Board adopts the Interlocal Agreement
today, within 120 days it is hoped that code changes agreed to be considered
will have been completed by the County
and City; following that, a meeting to put the document into full
effect. This agreement provides a
great deal of flexibility for the
Enterprise Zone [Oak Harbor Road and Goldie Road areas].
Commissioner McDowell was pleased with the
agreement, most significant and
perhaps unique to Island County, is having worked out an agreement with the
City that results in the same standards and one set of rules for the City and
County in the Enterprise Zone. Several
weeks’ ago when the City held a public hearing, all testimony given was positive and the Council unanimous for
approval.
Commissioner Thorn thought it particularly important to
have this set up for this area, noting that
if Oak Harbor is ever going to diversify business space this is one of
the key areas to do so.
Chairman Shelton agreed that the Agreement was a good
and important product. Although the
County has been criticized in the past
for some aspects of GMA planning, he
pointed out that one of the things
Island County has done that most counties have not managed to do is to maintain
a good viable working relationship between the County, Cities and Town, and the
process has been a positive one which he thought would hold in good stead for years to come.
At the time of hearing no one from the public attended
to either comment for or against the approving the County/City Interlocal
Agreement.
By unanimous motion,
the Board approved the Island County/Oak Harbor Interlocal Agreement to
jointly establish and implement policies and procedures governing the
unincorporated portions of the Urban Growth Area and Joint Planning Area of Oak
Harbor [GMA #7161].
There
being no further business to come before the Board at this time, the meeting adjourned at 10:55
a.m. The Board will meet next in
Regular Session on January 28,
2002, beginning at 11:30 a.m.
Monday, January 21, 2002, is a holiday
observing Martin Luther King, Jr. Day.
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