ISLAND
COMMISSIONERS - MINUTES OF MEETING
REGULAR SESSION -
JULY 8, 2002
The Board of Island County
Commissioners (including Diking Improvement District #4) convened in Regular Session July 8, 2002 at 9:30 a.m.
in the Island County Courthouse Annex,
Hearing Room, Coupeville, Wa. Present
were Mike Shelton, Chairman; Wm. L.
McDowell, Member; and William F. Thorn.
MINUTES
OF PREVIOUS MEETINGS
By unanimous motion, the
Board approved and signed the minutes from meetings held on June 24, June 26
and July 1, 2002.
The Board, by unanimous
motion, corrected a typographical error in the June 10, 2002 minutes reporting amount
of bid award (extra number after the comma - $184,0623.35) for four new 2002 Ford
New Holland TN75D with 4 New Mid-Mount Heavy Duty Mowers, to reflect the
correct amount of $184,062.35.
VOUCHERS AND PAYMENT OF BILLS
The Board, by unanimous
motion approved the June, 2002 payroll, and approved for payment the following
vouchers/warrants: #127473-127607…..……….….. $263,805.81.
Hiring Requests &
Personnel Actions
Personnel Action
Authorizations were approved by unanimous motion of the Board as listed below,
after presentation and summary provided by Dick Toft, Human Resource
Director:
Dept. PAA
# Description/Position
# Action Eff. Date
Health 052/02 PHN .85 fte 2406.18 Hour reduction
7/8/02
Health 060/02 Acct
Tech 2427.00 Replacement 7/8/02
Planning 061/02 Pl
Tech II 1601.05
Advance to II 7/8/02
Planning 063/02 Sr
Planner 1709.01 Replacement 7/15/02
Pub Works 059/02 Acct
Asst. 2205.02 Replacement 7/8/02
HEARING HELD: ORDINANCE
#C-34-02 INCREASING RADIO ACCESS
E911 EMERGENCY COMMUNICATION TAX SYSTEM
At 9:45 a.m. as scheduled and
advertised, the Chairman opened a public hearing to take public testimony for
or against proposed Ordinance #C-34-02 which would increase the monthly County
Enhanced 911 Emergency Communication System tax on radio access lines whose place of primary use is Island county
from the current amount of 25 cents to 50 cents. The ordinance clarifies that the tax is to be collected from the
subscriber, effective January 1, 2003.
Tom Shaughnessy, Director,
I-COM, provided copies of hand-outs he
had previously made available to the Commissioners at a recent staff session:
·
Washington
State Phase I Costs and Tax Rates
·
Excerpt
from HB 2595
Washington State Phase I Costs and Tax Rates shows Island County’s
anticipated direct costs as far as 911
wireless He reminded that the annual fee shown as $134,802 reflects
costs incurred now and not the yet-to-be negotiated annual costs with the carriers. The additional 25 cents will raise approximately $65,000 to $70,000. HB
2595 was passed into law, codified as Chapter 341 of the Session Laws of
2002, and amends existing legislation
that allows counties to increase the
wireless excise tax from 25 cents to 50
cents. It also allowed for 20 cents to
be collected by the State. Part of that
legislation states: “Funds generated by the enhanced 911 excise
tax imposed by RCW 82.14B.030(4) shall not be distributed to any county that
has not imposed the maximum county enhanced 911 tax allowed under RCW 82.14B.030(2).” [highlighted in the hand-out]. Should Island County not impose the full tax
allowed, the County will not be allowed to participate in the 20 cents being
collected by the State on the wireless side,
and according to the Attorney
General’s Office, the wire line side. Important to note that ICOM for 2002
alone received back from the State from the 20 cents collected, $70,300 in the
form of a Salary Assistance Grant, and $304,866 for an Operations Grant.
With no others in the audience who indicated a desire to
speak for or against adoption of Ordinance #C-34-02, the public comment portion
of the hearing was closed.
By unanimous motion, the
Board adopted Ordinance #C-34-02 Increasing Radio Access (Wireless) Line
Enhanced 911 Emergency Communication System Tax from 25 cents to 50 cents
effective January 1, 2003.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
ORDINANCE INCREASING RADIO ACCESS (WIRELESS)
LINE ENHANCED 911 EMERGENCY
COMMUNICATION SYSTEM TAX |
|
ORDINANCE NO.
C-34-02 |
WHEREAS, this Board adopted Ordinance No. C-83-94 in 1994
establishing monthly excise taxes on the use of telephone switched access lines
and radio access (wireless) lines to provide financial support for
establishment and operation of the Island County enhanced 911 emergency
telephone dialing system for emergency response; and
WHEREAS, the state and Island County enhanced 911 system
has proven to be a lifesaving service and routing a 911 call to the appropriate
public safety answering point with a display of the caller’s identification and
location should be available for all users of telecommunications services,
regardless of the technology used to make and transmit the 911 call; and
WHEREAS, the 2002 Washington Legislature adopted, and the
Governor signed, House Bill (HB) 2595 that, among other things, ensures
adequate ongoing local funding by allowing, effective January 1, 2003, an
increase in the county monthly 25 cent tax on each radio access line to 50
cents and HB 2595 clarifies that the tax applies to wireless lines whose place
of primary use is within the county; and
WHEREAS, to obtain additional funding from the state, the
county must first adopt all available county taxes to support the enhanced 911
system; and
WHEREAS, it is necessary for the public health, safety
and welfare that the Island County E911 system be adequately funded to
accomplish its purpose by increasing the radio access line tax; NOW, THEREFORE,
IT IS HEREBY ORDAINED that the E911 tax on radio access
lines (wireless lines) be increased from 25 cents per month to 50 cents per
month and other changes be made in chapter 3.30 ICC as set forth on Exhibit “A”
attached hereto. Material stricken
through is deleted and material underlined is added. This ordinance is effective January 1, 2003. The Island County Treasurer shall provide
notice of this tax increase and other provisions of this ordinance to all Radio
Communications Service Companies, as defined in HB 2595, Section 7(6), prior to
November 1, 2002.
Reviewed this 6 day of May, 2002, and set for public hearing
on the 8 day of July 2002 at 9:45 a.m. in the Commissioner’s Hearing Room.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike Shelton, Chairman
Wm. L.
McDowell, Member
Wm. F. Thorn, Member
ATTEST:
Elaine Marlow
Clerk of the Board
Ordinance C-34-02 is adopted this 8 day of July, 2002 following public hearing.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chairman
Wm. L.
McDowell, Member
Wm. F. Thorn, Member
ATTEST:
Elaine Marlow
Clerk of the Board
APPROVED AS TO FORM:
David L. Jamieson, Jr.
Deputy Prosecuting Attorney and
Island County Code Reviser
[Exhibit “A” on file with the Clerk of the Board]
Hazardous Materials
Emergency Preparedness (HMEP Grant)
Hazardous
Materials Emergency Preparedness (HMEP Grant) Contract #EM03-0245 for the
period 10/1/01 to 9/30/02 in the amount of $3,000 was approved by unanimous
motion of the Board [RM-GSA-02-0048]. As indicated by Betty Kemp, Director,
GSA, the 50% staff match was provided by Fire protection District #3 for
participation in and development of a mass casualty exercise held 6/11/02
[in-kind services].
Resolution #C-57-02 Authorizing Grant
Application for Funding ASSISTANCE - DEVELOPMENT OF SARATOGA WOODS PRESERVE FROM
Lee McFarland, Assistant Director, GSA, presented for the
Board’s approval a resolution to authorize
Grant Application for IAC Funding for Saratoga Woods Preserve
Development. The Board previously
approved and signed an agreement providing permission to submit a grant, but
the resolution is a formal requirement as part of the grant package. With respect to Item #4 acknowledging Island
County must support all non-cash
commitments to the local share should they not materialize, Mr. McFarland was
comfortable with based on past experience with the group and donated work thus far and thought it was a non-issue.
By unanimous motion, the
Board approved Resolution #C-57-02 Authorizing Grant Application for IAC
Funding for Saratoga Woods Preserve Development.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF THE BOARD OF ISLAND )
COUNTY COMMISSIONERS AUTHORIZING )
APPLICATION FOR FUNDING ASSISTANCE ) RESOLUTION
NO. C-57-02
FOR THE DEVELOPMENT OF THE SARATOGA )
WOODS PRESERVE FROM THE INTERAGENCY )
COMMITTEE FOR OUTDOOR RECREATION )
A resolution authorizing the
application for funding assistance for a Washington Wildlife & Recreation
Program project to the Interagency Committee for Outdoor Recreation (IAC) as
provided in Chapter 43.98A RCW, Washington Wildlife & Recreation Program.
WHEREAS, the Board of Commissioners of
Island County, Washington has approved a Comprehensive Park and Recreation Plan
for the area that includes the Saratoga Woods Preserve; and
WHEREAS, under the provisions of the
Washington Wildlife & Recreation Program, state and federal funding
assistance has been requested to aid in financing the cost of land and
facilities for local public bodies; and
WHEREAS, the
Board of Commissioners of Island County, Washington considers it in the best
public interest to develop facilities in a portion of the Saratoga Woods
Preserve;
NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners,
Island County, Washington:
1. That the Board of
Commissioners be authorized to make formal application to IAC for funding
assistance.
2. That any fund assistance
received be used for the development of the Saratoga Woods Preserve.
3. That Island County
anticipates its share of project funding will be derived from appropriations,
in kind donated labor and donated materials.
4. Island County acknowledges
that they must support all non-cash commitments to the local share should they
not materialize.
5. Island County acknowledges
that any property acquired or facility developed with IAC financial aid must be
placed in use as an outdoor recreation facility or habitat conservation area
and be retained in such use in perpetuity unless otherwise provided and agreed
to by Island County, IAC, and any affected federal agency.
6. That this resolution become
part of a formal application to IAC.
7. That Island County provided
appropriate opportunity for public comment on this application.
ADOPTED
by
Island County of P.O. Box 5000, Coupeville, Washington 98239 at its regular meeting
held this 8 day of July, 2002.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chairman
ATTEST: Wm.
L. McDowell, Member
Elaine Marlow, Clerk of the
Board William F. Thorn, Member
Island County Health Officer
Agreement - #HD-06-02
Island County Health Officer
Agreement #HD-06-02 [RM-HLTH-02-0043]
between Island County and Roger S. Case, M.D., renewing for a two year period,
at $40,000 annually, was approved by unanimous motion of the Board, having been
approved by the Board of Health on
6/17/02.
Consolidated Contract
#C08645(6) - AMENDMENT
By unanimous motion, the
Board approved Amendment #6 to Consolidated Contract #C08645(6), amendment
amount $30,856, bringing the total
contract to $867,557, approved by the Board of Health on 6/17/02
[RM-HLTH-02-0029].
EMPLOYEE SERVICE AWARD
Lance Landquist Public
Works/Road 20
Bid
Award: WHIDBEY ACP Overlays 2002
As recommended by Bill Oakes,
Public Works Director, with bid award
result print out signed
by Dick Snyder, County
Engineer, the Board by unanimous motion
awarded bid for Whidbey ACP Overlays 2002, under CRP 02-06/Work Order 358,
to Krieg Construction in the amount of $438,284.10, the low bid.
WSDOT Local Agency Participation Agreement
LM00129 FOR Signal at
SR 525 & Fish Road: A-OK Storage/Terry Otey)
Local Agency Participation
Agreement LM00129 [Developer mitigation payments for transfer to State] for signal at SR 525 and Fish
Road, reflecting “pass-through money” from A-OK Storage/Terry Otey as a
condition of project development and approval, to Washington State Department
of Transportation in the amount of
$3,069.56 was approved by unanimous motion of the Board.
CONSULTANT AGREEMENTS
APPROVED
By unanimous motion, the
Board approved the following consultant agreements as recommended for approval
by Mr. Oakes:
Consultant
Agreement #PW-022025 with Aziz
Engineering Company, Redmond, Wa.,
for on-call Geostructural Services; contract not to
exceed $100,000;
Consultant
Agreement #PW-022039 with KPG,
Inc., Seattle, for on-call Civil
Engineering services in an amount
not to exceed $150,000;
Consultant
Agreement #PW-022036 with Fakkema and Kingma, Inc., On-Call Civil Engineering
Services, maximum payable amount $150,000.
Resolution #C-58-02 Authorizing Call For Bids FOR UP TO TEN EACH OF TWENTY-CUBIC YARD ROLL-OFF
CONTAINERS AND UP TO SIX EACH OF TWO
CUBIC YARD CONTAINERS TO AND RECEIVE
TRANSPORT RECYCLE
COMMODITIES COLLECTED FROM THE PUBLIC AT SOLID WASTE
COMPLEX AT COUPEVILLE & OAK HARBOR
DROP STATION
Dave Bonvouloir indicated
that the Solid Waste Department was preparing to purchase up to ten roll off
containers and up to six self-dumping lift truck hoppers to be used for
the collection of recyclable materials at the Solid Waste Complex and Oak Harbor
Drop Box Station. In his
memorandum The containers have been used successfully at
the Bayview and Camano drop box stations for several years, and he requested
the Board’s approval for bid call.
By unanimous motion, the
Board approved Resolution #C-58-02 In the Matter of Authorizing Call For Bids
for up to two each of twenty-cubic yard roll-off containers and up to six each
of two cubic yard containers to and receive transport recycle commodities
collected from the public at the Solid Waste Complex at Coupeville and the Oak
Harbor Drop Station.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF AUTHORIZING
CALL FOR BIDS
Call for Bids: Up to ten each of twenty- }
cubic yard toll-off [sic]containers and up }
to six each of two cubic yard
containers to }
and receive transport recycle
commodities }
RESOLUTION NO. C-58-02
collected from the public at
the Solid }
Waste Complex at Coupeville and
the }
Oak Harbor Drop Station }
WHEREAS,
recycling is a priority above waste disposal
in the approved Island County Comprehensive Solid Waste Management
Plan, and
WHEREAS,
the Solid Waste Complex at Coupeville and the Oak Harbor Drop Box Station are
under contract to provide roll-off containers for the collection and transfer
of recyclable materials collected from the public; and
WHEREAS,
funds are available in the Solid Waste Fund for the purchase of roll-off and
self-dumping hoppers,
NOW, THEREFORE, BE IT HEREBY RESOLVED that the attached General Provisions Specifications and Bid Proposal is approved as written and that
the Director of Public Works and/or the Solid Waste Manager is authorized and directed to solicit competitive bids to
provide island County with said containers.
ADOPTED this 8 day of July, 2002.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chair
Wm.
L. McDowell, Member
William
F. Thorn, Member
Elaine Marlow, Clerk of the
Board
(Attachment, General Provisions
Specifications and Bid Proposal
placed on file with the Clerk of the Board; bids due Friday, July 26, 2002 @
2:30 p.m., County Auditor’s Office]
Consultant Selection: SCS ENGINEERS, FOR Hydrogeologic Field Characterization, Groundwater Monitoring
Network
Enhancement, Landfill Gas Investigation
and CDL
Landfill Closure Design and Permitting
As recommended by the Public
Works Director, and Solid Waste Manager, the
Board by unanimous motion approved selection of consultant, SCS Engineers for Hydrogeologic Field Characterization,
Groundwater Monitoring Network Enhancement, Landfill Gas Investigation and CDL
Landfill Closure Design and Permitting.
The next step will be for staff to
prepare and present for the Board’s approval the formal contract with
that firm, once approved through the County’s Contract Review Process.
HEARING HELD: Open Unopened County RIGHT-OF-WAY
known as Cheryl Ann Drive, CAMANO island
At 10:20 a.m. a Public
Hearing was held to consider
application to open unopened County right-of-way by Royce and Sharon
Carlson, a request for private
construction of unopened County
right-of-way known as Cheryl Ann
Drive located in Sec. 11, Twp. 31N, Rge. 2E., UPC02-026, Camano Island.
The Public Works Director and
County Engineer recommended approval of the application to perform work in
County Road right-of-way, with the following conditions.
Roadway to be constructed in
compliance with attached drawing to a width of 30 feet. Roadway to be graded,
sloped and crowned to assure proper
drainage.
Applicant to be responsible for
construction and maintenance of the portion of Cheryl Ann Drive being opened
and any drainage ditches within this portion of Cheryl Ann Drive right-of-way.
Roadway must be inspected and approved
by the County Engineer or his representative after completion.
Vincent Jackels, W. Camano
Hill Road, having three parcels adjoining
this property, was interested to
know the purpose of the request for access and any plans for development of the
approximate 60 acres, and he thought
the applicant should be present at this hearing. His main concern was that if the property is
developed he would like to have a
greenbelt around his property.
Dennis Burkholder, 669 West Camano Drive, had some concern
because the letter advising of this hearing did not state where the hearing was
to be held so there could be others who are affected but not here because of
having been unable to locate this hearing room. His concerns were that the road already received heavy traffic
from existing homes; when people pick up and drop off kids at the school the
entrance of Cheryl Ann Drive is often blocked.
He believed that down the road there would also be some environmental problems because Camano Island is an island environment.
The geohydrology is such that
when pumping the water supply draws down, and there is already evidence of salt water intrusion on Camano
Island.
Mr. Oakes explained the
proposal was only to open the unopened County right of way known as Cheryl Ann
Drive which would give access to three
platted lots, each about 20 acres. He
has no idea as to development possibilities or plans. There are three different owners; this is akin to a property
owner wanting a driveway to get to a County Road.
While Chairman Shelton
understood the concerns, he explained that
in order to open an unopened right of way, the County must conduct a
public hearing; because the County conducts
a public hearing does not mean applicants are required to attend. The only consideration at this hearing is
whether or not to open an unopened county right of way. The proper place to address other concerns and issues would be at the development phase,
should that occur. The owners
have a right to request access if there is a piece of unopened county right of
way that would access their property.
The proposal before the Board would not approve any development of the
property.
Denise Lloyd, resident with
her husband at 711 Cheryl Ann Drive,
submitted for the record a letter opposed to opening Cheryl Ann Drive
to access the 60 acres behind their home.
She provided copies of
information that came from Mr. Carlson and his attorney, Cole & Cole in
Stanwood, a copy of the Quit Claim Deed in 1967 [Auditor’s record #20440]
showing the 60’ strip dedicated to the public, and an area map [diagram] which
she observed tentatively planned an easement road almost to Camano Hill Road
accessing not only the Carlson property but the rest of the Sandburg property . She provided 7 color photographs of the
property in question, including trees that would be removed from Cheryl Ann
Drive and pasture behind; where the proposed
road would go if opened on Cheryl Ann Drive; the pasture at the end of
Cheryl Ann Drive; and two additional photos of Cheryl Ann Drive. She was aware that Mr. Carlson could access the
property from somewhere else, but did not plan to.
Mrs. Lloyd turned in a letter from a neighbor who also
resides on Cheryl Ann Drive,
Margaret A. O’Connor, who is
also opposed to opening up the street end for a road, concerned that it would
lead to the development of the properties behind the road end.
Commissioner Thorn
commented that he was supportive of the proposed opening of the unopened
County right of way, public property;
the County is not aware of any
development plans at this point; and noted that the owners have a right to access to their property; it is a County
road and conditions of the application as to construction and maintenance are
clear.
Commissioner McDowell did not
see at this stage that the County should deny access to anyone’s property. If there are concerns about potential
development, those concerns need to be addressed at the public comment period
for that development proposal; however, a single family home would not be open
to public comment period but a building permit would have to be obtained from
the County.
By unanimous motion, the
Board approved the request to open a
section of unopened County right of way
referred to in the application, subject to the conditions associated with that.
HEARING RESCHEDULED: OPS #442/01
Zimmerman/ Raymond
Due to incorrect date for
hearing indicated in legal ad, the public hearing originally scheduled today at
10:30 a.m. on OPS 442/01 Mary Zimmerman & Steven & Joann Raymond was
rescheduled by Board action last week to July 15, 2002 at 10:30 a.m.
HEARING HELD: ORDINANCE #C-50-02
Ordinance Establishing Rural
County Sales and Use Tax To Finance Public
Facilities
A Public Hearing was held to
receive public comments for or against adoption of Ordinance #C-50-02, an Ordinance Establishing Rural County
Sales and Use Tax To Finance Public Facilities. The proposed ordinance would add an 8/100ths (0.08) of one
percent sales and use tax to be used exclusively for the purpose of financing
public facilities. The additional tax will not increase the amount of overall
sales and use tax paid by taxpayers, as the 0.08 percent tax amount will be a
credit against the sales and use tax that otherwise would be retained by the
state.
Only one person was in the
audience at the time of hearing, and did not speak either for or against
adoption of the Ordinance.
By unanimous motion, the
Board adopted Ordinance #C-50-02, an Ordinance Establishing Rural
County Sales and Use Tax to Finance Public Facilities.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
ORDINANCE ESTABLISHING RURAL
COUNTY SALES AND USE TAX TO FINANCE PUBLIC FACILITIES |
|
ORDINANCE
NO. C-50-02 |
WHEREAS, the 2002 Legislature passed and the Governor
signed Senate Bill 5082 amending the definition of “rural county” to include a
county smaller than 250 square miles for the purposes of adoption of a sales
and use tax of up to 0.08 percent to finance public facilities under RCW
82.14.370; and
WHEREAS, Island County meets the amended definition
criteria of being a county smaller than 250 square miles; and
WHEREAS, addition of the 0.08 percent sales tax will not
increase the actual sales tax burden because the new tax will be a credit
toward that same amount of tax that otherwise would be sent to the State; and
WHEREAS, use of 0.08 percent of the sales and use tax
will provide funding for public facilities that will promote county economic
growth; NOW, THEREFORE,
IT IS HEREBY ORDAINED that Island County adopts a 0.08
sales and use tax as set forth on Exhibit “A” attached hereto.
Reviewed this 17
day of June, 2002, and set for public hearing on the 8 day of July 2002
at 10:35 a.m. in the Commissioner’s Hearing Room.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chairman
ATTEST: Wm. L. McDowell, Member
Elaine Marlow Wm. F.
Thorn, Member
Clerk of the Board
Ordinance C-50-02 is adopted this 8 day of July, 2002 following public hearing.
BOARD
OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chairman
Wm. L.
McDowell, Member
Wm. F. Thorn, Member
ATTEST: Elaine
Marlow,
Clerk of the Board