ISLAND COUNTY COMMISSIONERS   -  MINUTES OF MEETING

REGULAR SESSION  – MARCH 11, 2002

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on March 11, 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 the following minutes:  February 25, 2002; February 27, 2002; and March 4, 2002.

 

VOUCHERS AND PAYMENT OF BILLS

 

The following vouchers/warrants dated 3/11/02 as presented were approved for payment by unanimous motion of the Board, with the exception of #280105, pulled for further review.

 

         Voucher (War.) #119959-120199………………………………………..$353,797.52.

 

Employee of the Month – February 2002

 

Jennifer Wallace was selected as the Employee of the Month for February.  Jennifer is a Legal Assistant performing paralegal duties in the Prosecutor's Office. Jennifer's positive attitude and willingness to help other employees do business with the Prosecutor's Office has drawn praise and thanks from many departments.

 

Hiring Requests & Personnel Actions

 

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

 

Dept.               PAA #   Description          Position  #          Action                     Eff. Date

Assessor        013/02    Appraiser (3)             106.03         Personnel Action       3/1/02

Health          014/02    Pub Hlth  Nurse III  2404.04 Personnel Action       4/1/02

Health          015/02    Pub Hlth  Nurse III  2404.04 Personnel Action       4/1/02

 

Appointments/Re-appointments to Various Boards and Committees

 

By unanimous motion, the Board reappointed two members and appointed a new member to the Island County Law & Justice Council as follows: 

 

Reappointed: 

         Keith Englund, Camano Island          2 years     Term expires  2/28/2004

         Dick Toft, Oak Harbor                  2 years     Term expires  2/28/2004

 

New Appointment:

         Ian Metz, Camano Island       1 year      Term expires  2/28/2003

 

2001-2003 Program Agreement Budget between Island County and DDD – Contract #0163-03943  

 

By unanimous motion, the Board approved 2001-2003 Program Agreement Budget between Island County and DSHS,  Division of Developmental Disabilities,  Contract #0163-03943, in the total amended amount of $887,941.00 [Amendment amount $66,554.00].  The contract period is from 7/1/01 to 6/30/03, and adds funds for Family Support and Education Project as well as Transition Services.

 

CONTRACT #HS-01-02 WITH COMMUNITY MENTAL HEALTH SERVICES

 

The Board approved, by unanimous motion, Contract #HS-01-02 [RM-HLTH-05-0062] with Community Mental Health Services for the provision  of mental health programs for the period 1/1/2002 to 12/31/2002 in the amount of $66,042.50.

 

DSHS Agreement #0163-1608 Amendment No. 01 – BECCA –

Payment & Billing Revisions    [RM-JUV-01-0080-1]

 

The Board, on unanimous motion, approved DSHS Agreement #0163-1608 Amendment No. 01 – BECCA  as forwarded by Michael Merringer, Director, Island County Juvenile and Family Services,  representing payment and billing revisions  [RM-JUV-01-0080-1].

 

Conveyance Agreement TO ISLAND COUNTY FROM

Waterman FAMILY Living Trust

 

The Board approved, by unanimous motion, Conveyance Agreement #RM-GSA-02-0023 from Waterman Family Living Trust,  for certain property  as described in Exhibit A, property located adjacent to and contiguous with the Saratoga Woods Preserve, a 118-acre park property owned by Grantee and managed subject to a conservation  easement retained by the Whidbey Camano Land Trust.

 

Conveyance Agreement – Trail Easement – Emerson &

Snelling – to Island County

 

By unanimous motion, the Board approved Conveyance Agreement for Trail Easement to Island County from Emerson & Snelling #RM-GSA-02-0020 property described as a portion of Section 29, Township 30 North, range 3 East W.M., Island County, Wa. as described  in Exhibit A, Property.

 

Professional Services Agreement Designs Northwest Architects, Inc. for Four Springs Lake Preserve

 

Lee McFarland, Assistant Director, GSA, presented for approval and signature, Professional Services Agreement #RM-GSA-02-0022 for architect and engineering services for Four Springs Lake Preserve Phase I between Island County and  Design Northwest Architects, Inc.,  in an amount not to exceed $29,765.00.  Funding source is through REET 2 and funding was included in the park development line of this years’ budget.   Starting date is the date contract is signed and project completion is not to exceed 150 days from date of execution of contract.

 

By unanimous motion, the Board approved Professional Services Agreement #RM-GSA-02-0022 for architect and engineering services for Four Springs Lake Preserve Phase I between Island County and  Design Northwest Architects, Inc.

 

Interlocal Cooperative Act Agreement  ICA 2002-133  - Superior Court for ISland County/Administrative  Office of the Courts

 

Interlocal Cooperative Act Agreement  ICA 2002-133 between the Superior Court for Island County and the Administrative  Office of the Courts. [RM-SUPCT-02-0010] in the amount of $39,000 for the period 1/1/02 to 12/31/02  was approved by unanimous motion of the Board.  The purpose of the agreement is to  provide for the AOC granting federal  funds provided under the federal STOP Violence Against Women Act for the purpose of establishing supervised visitation centers and to provide services to victims of domestic violence.

 

Contract with Puget Sound Business Systems, Inc. -Copy Machine with coin-op mechanism for public use

 

The Board approved by unanimous motion a Contract with Puget Sound Business Systems, Inc.  #RM-SUPERIOR-01-0104 for a coin-op copier to be placed in the lobby of the Island County Law and Justice Facility for public use [located in the lobby outside Clerk’s Office].

 

Corrected Liquor License for Application 076141-3E  -

China City Restaurant & Lounge  

 

Having been reviewed and recommended for approval  by the Island County Sheriff, the Board  by unanimous motion approved Corrected Liquor License for Application 076141-3E  for  China City Restaurant & Lounge change of location from   Langley to Freeland which was approved 3/4/02, the correction for the purpose of adding an  applicant, NG, Kwok Yang  to China City L.L.C. 

 

Application for liquor license #08418-3e - Vino Amore

 

Application for Liquor License  #08418-3E by Brian M. Plebanek & Gail L. Liston for Vino Amore located at 1614 E. Main Street, Suite D, Freeland, came to the Board having been reviewed and recommended for approval by the Island County Sheriff, Planning & Community Development Department, and Health Department.   Therefore, the Board by unanimous motion approved new application for liquor license #08418-3E as requested.

 

INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN ISLAND COUNTY, ISLAND COUNTY TREASURER, ISLAND COUNTY AUDITOR , AND THE ISLAND COUNTY WATER CONSERVANCY BOARD

 

Suzanne Sinclair, Island County Auditor, appeared before the Board to present for approval and signature,  Interlocal Cooperation Act Agreement [#RM-AUD-02-0012] between Island County, Island County Treasurer, Island County Auditor, and the Island County Water Conservancy Board.   Bill Attwater, Chairman, Water Conservancy Board, has signed the Agreement.  The agreement spells out provisions under which the Water Conservancy Board will use certain treasury and accounting services the County has agreed to provide.  The agreement will be in effect from its date of adoption in perpetuity  unless earlier terminated, upon written notice at least 90 days in advance of the termination date.

 

By unanimous motion, the Board approved and authorized the Chairman’s signature on  Interlocal Cooperation Act Agreement [#RM-AUD-02-0012] between Island County, Island County Treasurer, Island County Auditor, and the Island County Water Conservancy Board. 

 

2002 Memorandum of Agreement between Washington State University Cooperative Extension and Island County

 

The 2002  Memorandum of Agreement [RM-EXT-00-0103] between Island County and WSU outlining the contribution of funds in support of Cooperative  Extension work in Island County, was presented by Don Meehan, Chair, WSU, Island County, reflecting a small increase over last year.

 

The Board by unanimous  motion, approved and signed Memorandum of  Agreement between Washington State University Cooperative Extension  and Island County, #RM-EXT-00-0103, for a total of $31,780.50.

 

Public Input or Comments

 

Theresa Marie Gandhi, Green Party of Island County, P. O. Box 522, Coupeville, submitted comments to the Board and Public Works Department  in the form of a letter dated March 7, 2002, as input into Island County’s 6-year Transportation Improvement Program 2003-2008, Capital  Improvement program 2003-2008 and the Annual Road Construction Program 2003 year, as noticed in Legal WNT-0896 published in Whidbey News Times 2/23/02.   She referred to a packet of scientific studies she submitted last April as part of the record official comments as scientific evidence that RoundupPro, Oust and Direx have been linked  to several diseases, and she reviewed those with the Board at this time. Ms. Gandhi reviewed again information concerning  endocrine disruptors, the connection between herbicides Island County has used for road maintenance vegetation control  and diseases listed at the end of her letter.  As an attachment to her letter, she  provided a copy of  “A Strange Kettle of Fish Male Chinook Turn Female in Columbia River”.  She pointed out that Chinook Salmon are protected under ESA, and referred to  the Ninth Circuit Court of Appeals case Talent v. Headlands, where herbicides were classed as toxic pollutants.   Her opinion is that Island County’s continued use of toxic pollutants on roadside ditches that drain into shoreline waters exposes county  taxpayers to excessive  risk of liability.  She asked that application of toxic pollutants be stopped in Island County. 

 

Resolution #C-22-02/R-09-02 – Exemption to Competitive Bidding Requirements.- upgrade of  specialized fuel transaction

 

Dick  Snyder, Island County Engineer, requested approval of an exemption  from competitive bidding requirements to contract for an upgrade of specialized fuel transaction system at Bayview and Oak Harbor Road Shops.  This was a topic covered in a recent staff session, and the request  based on the fact that there is only one contractor in the area  authorized to distribute parts, equipment and provide factory service.

 

Commissioner Thorn recalled staff session discussion had included the Board’s desire that there be some documented findings on record supporting the request for exemption.

 

Gary Hess, Public Works Engineer, confirmed that while he had not prepared findings per se’ he did outline rationale for the exemption that serve as findings in a  January, 2002 memorandum to the Board. 

 

By unanimous motion, the Board approved Resolution #C-22-02/R-09-02  In the Matter of An Exemption to Competitive Bidding Requirements, with the proviso that the memorandum from Gary Hess in January this year be appended to the resolution.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF AN EXEMPTION     )        RESOLUTION NO. C-22-02

TO COMPETITIVE BIDDING                           )                            R-09-02

REQUIREMENTS                                 )

 

         WHEREAS,    Funds are available in the Equipment Rental and Replacement budget for replacement of the specialized fuel transaction system at the Bayview and Oak Harbor Road

Maintenance  facilities which have become obsolete;  and

 

         WHEREAS, There is only one Contractor in the area that is authorized to distribute parts, equipment and provide factory service; and

 

         WHEREAS, This Contractor  has provided service and repair for the county’s four fuel transaction systems since 1994 and is familiar with the design of the County’s system; and

 

         WHEREAS, The County‘s fuel transaction systems are critical components of the fuel stations which provide an emergency source of fuel supply to County vehicles and other County emergency responders; and

 

         WHEREAS, RCW 39.04.280 permits and exemption to competitive bidding requirements for purchases that are clearly and legitimately limited to a single source of supply, and purchases involving special facilities or market conditions; and

 

         NOW THEREFORE, BE IT HEREBY RESOLVED that competitive bidding is waived and the Chairman of the Board of Commissioners, acting on behalf of the Board of County Commissioners of Island County, Washington, is authorized to sign a sole source contract for replacement of the fuel transaction systems.

 

         Adopted this 11 day of March, 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

    [Attachment January, 2002, Memorandum from Gary Hess, “Findings”,  placed on file with the Clerk of the Board]

 

Contract/Contract Bond –Upgrade of the Bayview and Oak Harbor Road Shop Fuel Transaction Equipment and Software

 

Having approved Resolution #C-22-02/R-9-02 the Board by unanimous  motion approved Contract [RM-PW-002021] and Contract Bond  for the upgrade of the Bayview and Oak Harbor Road Shop Fuel Transaction Equipment and Software with Northwest Pump & Equipment Company in the amount of  $37,177.82.

 

 Easement between Island County & Puget Sound Energy #SW02-0024 – Power easement – Patmore Pit

 

Based on presentation and recommendation  by Dave Bonvouloir, Solid Waste Manager, the Board approved by unanimous motion,  a  power easement  between Island County and Puget Sound Energy #SW02-0024, Patmore Pit, Parcel #483-5020, Sec. 11, Twp 31N,  Rge 1E.

 

HEARING HELD:   Franchise #30 BY LEE  Enterprises NW, Inc. FOR  sewer distribution system – PORTIONS OF COUNTY RIGHT OF WAY

 

The Chairman opened a  Public Hearing as  advertised at 10:20 a.m.  to consider Franchise #30 by  Lee Enterprises NW, Inc. for a sewer distribution system in, along, under and/or across County road right-of-way known as , Gough Drive and Wagner Road, Camano Island, in Sec. 31, Twp. 31N., Rge. 3E.

 

Mr. Snyder,  having discovered from applicant late last week there needs to be a new set of  drawings that show multiple lines in the franchise rather than one line, recommended the hearing be continued or canceled.  Applicant wants  multiple lines included in the franchise in order to serve additional unnamed parcels to a common drainfield.  The permit issued by Health,  was approved only for one line.   The Board took no action on the Franchise and canceled the hearing.

 

APPEAL HEARING SCHEDULED:  APP 083/02, Gerald Steele for Cameron-Woodard Homeowners Association - Appeal of Hearing Examiner decision regarding PLP 183/00.

 

As recommended by  Phil Bakke, Planning and Community Development Director, the Board by unanimous motion scheduled a closed record hearing  on  April 1, 2002 at 10:45 a.m. on APP 083/02 by  Gerald Steele for Cameron-Woodard Homeowners Association, appealing the  Hearing Examiner’s  decision regarding PLP 183/00 seeking to  reverse the Hearing Examiner’s decision and deny application PLP 183/00. 

 

Budget Workshop

 

Budget  workshop began at  1:30 p.m. The  Budget Director, and a number of  Elected Officials, Appointed Department Heads and staff  attended.   The Commissioners received an e-mail from   Bill Vogler, WSAC, who indicated that if the House budget was adopted public health monies would be extended only  through June 30th; if Senate budget  is adopted Public Health  funding would be through the end of the biennium but other than that, would not do anything in the  criminal justice arena nor give counties any additional taxing authority.  The Chairman noted this left local government in a  very precarious state. While the total figure to cut is 11%, Commissioner McDowell  made the point that it would not be an  11%  for every department, but could be plus or minus for different departments.

 

         1:30 Assessor’s Budget

        

         Presentation by:  Tom Baenen, Assessor;  Anita Foster, Chief Deputy; Gary Bur,    Chief   Appraiser

        

         Hand-out:  4-page hand-out provided  [copy on file] 

         Island County information; Assessor’s duties by statute; Budget track 2000-2002      revenues generated;  expenditures comparable information [year 2000] from  three    other Assessor’s Offices Clallam, Skagit, Kitsap, experiencing rapid growth.

        

No new sources of revenue are available, other than:   banked levy capacity and  raising taxes.  Nothing in  the Assessor’s Office  that is not by statutory provision.  Duties page of the hand-out describes  functions and duties  necessary in the Assessor’s Office and how many people it takes:  21 FTE of which 11.5 are appraisal side.   Assessor’s Office comparisons for year 2000 with Clallam, Skagit and Kitsap counties shows that Island County is the lowest as far as staffing and budget per staff member.  Total  budget for 2002  is  $994,173.00, representing 6.2% Maintenance and Operation [communications constitutes 43% of the M&O total];   93.8% is in S/W/B.  No  possibility of cuts in the M&O portion; should postal rates go up M&O would already be over budget this year.   Cost savings are made where possible, for example, the new residential  appraiser shares a  vehicle with the personal property  appraiser/auditor.

 

An 11% reduction in the Assessor’s budget equates to $109,360.00 and would require a reduction  in force of 2  level 10 positions or  3 level  5 positions,  which would make it impossible to carry out  mandated duties; the first duty to go would be picking up the annual County-wide new construction valuation.  Could look at eliminating 1 position, but that would require shifting  those duties to other positions  which in turn would require  adjustment in S/W/B of those positions, and result in a net savings of 3%.

 

Road levy shift – need a better understanding  about whether or not there can be a road levy shift and an allocation formula, important not to put in  jeopardy RAP/RATA funding for road projects.  Greg Banks will provide his research on that issue to the Board for further information and review. .

 

The Commissioners asked various questions of  Mr. Baenen to gain his perspective about going back to the old valuation schedule wondering if that would save some manpower, but that did not seem viable, in fact, on a 4-year cycle the Assessor  would  have to do ¼ of the county each year as opposed to 1/6th  and stretching out picking up of new construction would be counter productive. Each year 1/6th of the County is done, plus all new construction.  Mr. Baenen responded also to questions and suggestions from audience members.

 

Gary Bur  gave some information about appraisers physically going out to properties  and what was involved in that process; and noted it can  sometimes take as much as 3 or 4 visits to pick up the total construction  value. Appraisers do not  work directly from drawings turned with permit applications because generally 50-60% are not accurate.  Appraisers have to be able to justify the value and be prepared to provide that information should a BOE appeal be made.

 

Other questions and discussion focused on taking advantage of current technology, and contracting services out:  are there portions of the work that can be put out to contract; anyone out there than can  do the work at the quality desired; if so, can a cost savings be identified with that.

 

Mr. Baenen had not specifically asked for quotations for a contract for appraisals on the valuation side, but had looked into it and was aware that the cost was significantly more per parcel than Island County’s cost per parcel because private business adds in a profit.  He does not know of a firm in Washington State that does that type work.   As far as technology, he has not  experienced or seen anything that would save dollars, and does  already  move as rapidly as possible  whenever changes in technology are available.

 

Anita Foster suggested perhaps one savings would be not to do the actual printing of re-val notices; however, it would not save dollars but potentially some amount of staff time.

 

Commissioner  Thorn was interested in a future budget workshop to hear more about actual figures of contracting out the valuation section.

 

         2:30  Law & Justice Group – Report

 

         Presentation by:  Michael Merringer, Director, Juvenile and Family Court        

 

On behalf of the Law & Justice departments, Mr. Merringer presented the Law and Justice Group report.  The group met on two occasions to try and come up with a plan to resolve how to meet an 11% budget cut.  Chairman Shelton was invited to the second session.  It was very  apparent within a short time just how difficult the task would be.  M&O as everyone knows is already inadequate and any cuts would have to be made in staff.  In doing so, however, it would be at the  risk of losing revenues and compromising the ability to meet  mandates.  No  one is at a point they can advocate for cuts that would compromise their  mandates.  Cutting  from one department usually means that other  law and justice agencies must  to take up the slack.

 

Office Mandates.

 

Commissioner Thorn thought it would be very useful for the Board to  see from the Assessor and Law & Justice Departments a list of what they consider to be  mandates under statute, legislature, constitution or agency  -  something they can discuss with  WSAC and./or individual legislators.

 

The Juvenile Department has requirements  that come with grants.

 

The Auditor  has Voter Registration with unfunded notice requirements.

 

The Sheriff  is just trying to provide basic meat and potatoes law enforcement; by the end of the month he will have three people leaving and cannot fill those positions because of the potential layoffs come the first of next year and the fact it takes 7 months’ to go through the academy.  Of utmost concern to him is having an officer alone; it is unsafe, period. 

 

Chairman Shelton’s understanding from the budget process was that employees of Island County  a job through 12/31/02, but there is a potential they may get a pink slip in July advising of layoff come 1/1/03.  This would give those employees a 6 month lead to look for other employment.

 

Future Law & Justice Budget Workshops.

 

Consensus was that future budget workshop sessions set aside for the  Law & Justice Group  be scheduled for individual  Law and Justice  departments and Mr. Merringer agreed to coordinate the schedule and get back to the Board to fill the time slots for those dates available.

 

Meeting adjourned at 3:30 p.m.  The Board will meet next in Regular Session

on March 18, 2002   beginning at 9:30 a.m.

 

                                                                 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