BOARD OF COUNTY
COMMISSIONERS - MINUTES
OF MEETING
SPECIAL SESSION
The Board met in Special
Session on March 25, 2002, beginning at 9:30 a.m., Island
County Courthouse Annex Hearing Room, Coupeville, Wa. The purpose of the
special session was to conduct a Budget Workshop to review the 2003 Public Defender
Budget.
Budget
Workshop: Public Defense
Presentation by: Betty Kemp
Hand-out: Memorandum dated March 25, 2002
Memorandum
gave details and information about the
public defender budget, number of cases filed and the number of those that were
conflicted. Proposes at least looking
into the possibility of a new contract
for those cases conflicted. Will need
some assistance from Prosecutor, Judge
or prior Public Defense Administrator
to analyze the trend and types of cases
expected. Year 2002 contract
for Public Defense is $337,026, with
contract effective until 12/31/02.
Conflict cases amounted to $176,300 for 2001. Criminal Justice money allocated for public defense administration is $42,843 spent on S/W/B.
Suggestions
discussed included negotiating a second
public defense contract to handle conflicts; hiring an attorney to do
conflict work; have two prime public
defender contractors instead of one [and take care of some of the conflict work
by having two separate public defender firms].
Also discussed was the possibility of doing less screening of applicants for public defense, and possible
reduction in hours effective January, 2003, for the current full time employee
beginning 2003 [for example, 3 days’
versus 5 days’ a week].
Follow-up: Ms. Kemp will review and report back
on: (1) possibility of two
prime contractors and how to balance those; (2) possibility of a contract
for conflicted cases as opposed to splitting cases 50/50% and perhaps see if
something can be put together before mid year; (3) potential to reduce hours for administrative position
beginning 2003.
Special
Session adjourned at 10:10 a.m.
REGULAR SESSION
The Regular Meeting of the Board of Island
County Commissioners was convened at 11:30 a.m. on March 25, 2002, 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. Mike Shelton, Chairman; Wm. L. McDowell,
Member, and William F. Thorn, Member, were present.
Roundtable
Meeting with Island County Elected Officials
Attendance:
Elected Officials: Tom Baenen;
Greg Banks; Mike Hawley; Jane Koetje; Maxine Sauter; Suzanne Sinclair
Department Heads: Elaine Marlow; Dick Toft
Others: Rick
Levin, Dick Shepard
Mr.
Banks had no agenda items from Elected Officials for today’s roundtable. Participants discussed what the frequency
of future roundtables should be i.e.:
monthly basis; bi-monthly, or
quarterly. Everyone agreed the
roundtable should not be eliminated.
Since there was no other built-in procedure for contact between the
Elected Officials, from a citizens’ standpoint, Mr. Shepard thought it was
important to have the meetings continue on some basis, not necessarily monthly.
Consensus. As
Chairman of the Elected
Officials, Mr. Banks will poll the
group before Noon the Wednesday prior
to the fourth Monday meeting; if no
agenda items have been identified the
Roundtable will be shown as canceled on that Monday’s meeting agenda.
Meeting
Adjourned 11:40 a.m. Next
regularly-scheduled roundtable 4/22/02 @ 11:30 a.m.
MINUTES APPROVED
By
unanimous motion, the Board approved and signed the minutes from March 18,
2002.
VOUCHERS AND PAYMENT OF BILLS
The
following vouchers/warrants were approved for payment by unanimous motion of
the Board, along with the February, 2002 payroll:
Voucher (War.) # 121014
– 121193…………………. $663,158.82.
Veterans
Assistance Fund:
[emergency financial assistance to certain eligible veterans; the names and specific circumstances are maintained
confidential]. The Board, by unanimous motion, approved Claim V2-4 as recommended by the Veterans Assistance
Review Committee in the amount of $1,302.51, with the remainder of the claim
denied.
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
Health
018/02 Pub. Hlth Nurse .25
fte 2406.15 Reduce Hours 4/03/01
Health 019/02 Pub. Hlth Nurse 1.0
fte 2406.18 Increase Hours 4/01/02
Planning 020/02 Plan Tech II 1602.03 Reclass 3/25/02
Planning 021/02 Plan Tech II 1602.04 Replaces #1712
3/25/02
Pub.
Works 012/02 PW Asst.Dir/Util Mgr. 2501.01 New Position*
3/25/02
*Assistant County Engineer position becomes deactivate
Staff Session
Schedule – April, 2002
Staff
Session schedule for April, 2002, approved by the Board by unanimous motion, to
be distributed to outline the regular staff sessions for April 3 and 17, beginning at 9:00 a.m.
REPORT FROM CLINTON AND KEYSTONE FERRY ADVISORY COMMITTEES
Julia Hodson, Chair, Keystone Ferry Advisory committee,
and Jack Leengran, Chair, Clinton Ferry Advisory Committee, were present to
give their annual report to the Commissioners
on ferry-related matters and their
service on the Committees.
Keystone Ferry
Advisory Committee.
Ms. Hodson
reported the single most
important issue with the Keystone Ferry was there is now a significant group of commuters coming from
the peninsula who work at NAS Whidbey and there are some transportation
scheduling problems. The Ferry
Advisory Committee, together with Island Transit, are working with Washington State Ferries regarding the
scheduling issue to see if it is possible to start the first ferry earlier than
7:00 a.m. from Port Townsend in order
to meet the 8:00 a.m. work start time of the commuters. The boat ties up at night at the Port
Townsend dock; the Legislature determines
how many hours a day ferries run.
The Clinton committee is working on a program to
sell ferry system passes in four stores on the South end, viewed as
a business-builder for the stores and
a real time saver at the toll booth. Mr.
Leengran provided a copy of an informational item from Washington State
Department of Transportation “Clinton Construction Continues”; completion date
is June of 2003, and the project is moving along well. Open house held about ferry fare rate increase, attended by about 19; interesting reactions; most everyone seemed to accept the fact there
will be an increase. This County’s
fares are probably the lowest in the
system. Summer schedule begins June
15. Summer fare increases would be for
example: $80.00 coupon book for 20
rides would increase to $88.00. Car
and Driver $5.00 now, will increase to $5.50.
Health Contracts Approved
By unanimous motion, the Board approved the following two Health Department contracts:
§
County Program Agreement – DSHS Agreement #23952 Amendment – Alternative Response System
RM-HLTH-00-0049, the amendment amount
$6,326.00 bringing total contract to $28,166.00 and extending contract by 6 months 1-1-02
- 6-30-02.
§ Hepatitis B Vaccinations-State of
Washington DDD Contract No.
0163-06780 Fee for Service $45.00 per
vaccination
Public Input
Theresa
Gandhi, The Green Party, Coupeville, Wa. appeared before the Board to talk about the County’s use of herbicides
for road side vegetation maintenance.
She confirmed that at the April 1st Board meeting when the
topic comes up under the Public Works agenda, numbers of people will attend,
and she wanted to be sure that people representing various organizations would be able to address the Board on the issue: The Green Party, WINS, and WEAN.
The
Commissioners suggested that each
group be encouraged to appoint a
spokesperson to address the Board on
what they think is important
for the Board to hear, and preference would be new information not
already provided – any other insights
that have not been presented inasmuch
as there has been a plethora of
information on this subject at this point.
Supplemental
Agreement #4 – Transportation Planning &
Engineering -East Camano Drive/Cross Island Road; Arrowhead RD.
As
presented and recommended for approval by Bill Oakes, Public Works Director,
the Board by unanimous motion approved Supplemental Agreement No. 4 #PW0220-23
with Transportation Planning & Engineering (PW9920-39 approved on 10/18/99)
for East Camano Drive/Cross Island
Road/Arrowhead Road, under CRP 99-07,
WO # 279, in the amount of $86,800 including Constructability Review,
Construction surveying Assistance and Construction Inspection.
Bid Award – 2002
Whidbey Island Pavement Repair
As
recommended by Bill Oakes, the Board by unanimous motion awarded bid for the
2002 Whidbey Island Pavement Repairs, under
Work Order No. 100, to Jenkins
Inc, low bidder, in the amount of
$65,420.00.
Adopt-A-Road
Litter Control Program Agreement –
Boon
Road Residents
By
unanimous motion, the Board approved a new Adopt-A-Road Litter Control Program
Agreement with Boon Road Residents for participation in the program by picking
up litter within Boon Road from Ft.
Nugent Road to SR 20.
Annual
Certification for Calendar Year 2001
(WAC 136-04)
Annual
Certification for Calendar Year 2001 Washington State County Road
Administration Board is due by April 1, 2002, and has been almost completed, final numbers anticipated by the end of
the day or tomorrow. County Engineer
Dick Snyder confirmed that Island County’s actual expenditure for day labor was
well under the legal limits County’s
day labor limit for 2001, and
asked that the Board approve the Certification authorizing the Chairman’s
signature on completion of the final document.
By
unanimous motion, the Board approved and authorized the Chairman’s signature on
the Annual Certification for Calendar
Year 2001 to the County Road Administration Board.
DNR
ALEA Grant Agreement – Glendale Stream Acquisition Project
Presented
with a recommendation of approval was ALEA (Aquatic Lands Enhancement Account)
Agreement for the Glendale Stream Acquisition Project, ALEA Project No.
AL-01-09, extending through June 30, 2003,
for the purpose of acquiring 0.1 acres of waterfront property at
the outlet of Glendale Stream, a 50/50%
match with DNR. Mr. Snyder confirmed
that the grant had been based on an
actual appraisal that was done in 2000, and allowed a 3% factor because of the time between
appraisal and actual acquisition and the owner
of the property was reasonably comfortable with the appraisal in 2000
although there were no actual negotiations with them.
Resolution
#C-55-00/R-28-00 signed on June 26, 2000, approving submittal of the grant
application for ALEA funding stipulates that the County’s 50% share will come
form Road Funds and Mr. Oakes confirmed
that use of Road Funds was appropriate due to:
(1) access easement to Glendale downstream from the Road to the Sound;
and (2) as a possible non-motorized access to the beach.
The
Board by unanimous motion approved and signed ALEA (Aquatic Lands Enhancement
Account) Agreement for the Glendale Stream Acquisition Project, ALEA Project
No. AL-01-09 as presented. [GMA no.
_________].
HEARING HELD:
Ordinance #C-21-02 (PLG-001-02)
Amending ICC 17.02.107 to comply with the Order of the Western Washington
Growth Management Hearings Board relating to the Critical Areas Exemption for
Existing and On-Going Agriculture
A Public Hearing was held, as advertised and scheduled,
for the purpose of considering
Ordinance #C-21-02 (PLG-001-02)
Amending ICC 17.02.107 to comply with the Order of the Western Washington
Growth Management Hearings Board relating to the Critical Areas Exemption for
Existing and On-Going Agriculture [introduced on 3/4/02 entered as GMA #7178].
Staff Phil Bakke, Planning & Community
Development Director
Public: Rick Levin, Whidbey News Times
Mr. Bakke made the explanation the proposed ordinance
was necessary to remain in compliance with the Western Washington Growth Management Hearings Board, and
continues for six months the interim regulation as allowed under RCW
36.70A.390 with regard to limiting the exemption for existing and
on-going agricultural activities to lands that are zoned Commercial
Agriculture. Superior Court Case
#00-2-00757-9 Island County v. Westerns Washington Growth Management Hearings Board regarding this matter is
scheduled for June, 2002, but this continue is necessary in order to avoid a
determination of invalidity pending the lawsuit.
No comments were made by members of the public. By unanimous motion, the Board adopted Ordinance #C-21-02 (PLG-001-02) Amending ICC 17.02.107 to comply with the Order of
the Western Washington Growth Management Hearings Board relating to the
Critical Areas Exemption for Existing and On-Going Agriculture. [GMA # __________]
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF
ISLAND COUNTY, WASHINGTON
|
IN THE MATTER
OF AMENDING ICC 17.02.107 TO COMPLY WITH THE ORDER OF THE WESTERN WASHINGTON
GROWTH MANAGEMENT HEARINGS BOARD RELATING TO THE CRITICAL AREAS EXEMPTION FOR
EXISTING AND ON-GOING AGRICULTURE |
))))))) |
ORDINANCE C-
21-02 PLG-001-02 |
WHEREAS, various parties filed
petitions with the Western Washington Growth Management Hearings Board (Western
Board) to review Island County’s adopted GMA Comprehensive Plan (Comp Plan) and
Development Regulations; and
WHEREAS, the Western Board entered its
Final Decision and Order on June 2, 1999; and
WHEREAS, the Western Board found
prospectively the Critical Areas Exemption for Existing and Ongoing Agriculture
invalid if interim regulations were not adopted by August 10, 1999, and
therefore replacement regulations are needed to govern land use in the County;
and
WHEREAS, in 1998, the County completed
environmental review under Chapter 43.21C RCW (SEPA) on its Comp Plan and
Development Regulations including Critical Areas Exemptions; and
WHEREAS,
pursuant to WAC 197-11-600, the County SEPA official has determined that the
proposed changes to Chapter 17.02 ICC relating to the exemption for existing
and on-going agriculture, needed on an interim basis to comply with the Order
of the Western Board, were not likely to have significant adverse environmental
impacts that were not considered in the environmental documents prepared for
the Comp Plan and Development Regulations; and
WHEREAS, RCW 36.70A.390 authorizes the
County to renew interim regulations for one or more six-month periods so long
as a public hearing is held and findings of fact are made prior to each
renewal; and
WHEREAS, through Ordinance C-77-99,
Island County adopted interim regulations limiting the exemption for existing
and on-going agricultural activities to lands that are zoned Commercial
Agriculture; and
WHEREAS, through Ordinances C-152-99,
C-28-00, and C-90-00 Island County adopted consecutive extensions to C-77-99;
and
WHEREAS, on November 17, 2000, the Growth Board
determined that the application of the agriculture exemption to existing and
ongoing activities within the Rural Agriculture zone as well as the Commercial
Agriculture zone complied with the GMA and that application of the exemption to
the same activities within the Rural zone did not comply with the GMA; and
WHEREAS, on April 2, 2001, through Ordinance
C-38-01, Island County adopted an interim ordinance that incorporated the
Growth Board’s ruling that found the use of the agricultural exemption in the
Commercial Agriculture and Rural Agriculture zones complied with the goals and
requirements of the GMA; and
WHEREAS, on September 10, 2001, through
Ordinance C-112-01, Island County adopted a six month extension to Ordinance
C-38-01, expiring on April 2, 2002; and
WHEREAS, Island County filed a court appeal of
the Board’s decision disapproving the agricultural exemption as it relates to
lands designated Rural in Island County v. Western Washington Growth
Management Hearings Board, Island County Superior Court No. 00-2-00757-9,
but it is necessary that an interim ordinance be reenacted to avoid a
determination of invalidity during the pendency of the lawsuit; NOW, THEREFORE,
BE IT HEREBY ORDAINED in order to
comply with the June 2, 1999 Final Decision and Order of the Western Washington
Growth Management Hearings Board and the subsequent November 17, 2000
Compliance Hearing Order, the Board of Island County Commissioners hereby
adopts the amendment to ICC 17.02.107.E. attached hereto as Exhibit A
establishing interim regulations relating to the exemption of existing and
ongoing agriculture from critical area regulations and the Findings and
Legislative Intent attached hereto as Exhibit B. Material underlined is added.
BE IT FURTHER ORDAINED that this
amendment to the existing and ongoing agriculture exemption shall go into
effect on April 2, 2002 and shall remain in effect until Court approval of the
existing and ongoing agriculture exemption as it was adopted in Ordinance C-151-99 or six (6) months, whichever is
earlier. Should the Court not issue a decision approving the existing and
ongoing agriculture exemption as contained in Ordinance C-151-99 within six (6)
months from the date of enactment of this interim amendment, then the Board
hereby declares its intent to reenact this interim amendment so that it remains
in full force during the pendency of the lawsuit or until a determination is
made whether any other permanent regulations are necessary.
Reviewed this 4 day of March, 2002 and
set for public hearing at 2:35 p.m. on the 25 day of March, 2002.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
[absent - Mike Shelton, Chairman]
Wm. L. McDowell, Member
William F. Thorn, Member
ATTEST:
Elaine Marlow
Clerk of the Board
APPROVED AND ADOPTED this 25 day of
March, 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
& Island County Code Reviser
[Exhibits A & B on File with the Clerk
of the Board]
Contract renewal FOR HEARING EXAMINER SERVICES
Contract RM-PLAN-02-0025 for renewal of two year
contract with Michael Bobbink to provide
professional services as Hearing Examiner, pulled from today’s agenda,
awaiting signature of Mr. Bobbink.
No further business was scheduled to come
before the Board and the meeting adjourned
at 2:40 p.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