BOARD OF ISLAND COUNTY COMMISSIONERS

MINUTES OF MEETING – OCTOBER 7, 2002

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on October 7, 2002 beginning at 9:30 a.m. in the Law & Justice Facility, Department III (Courtroom 3), 101 N.E. 6^th Street, Coupeville, Wa. Mike Shelton, Chairman; Wm. L. McDowell, Member, and William F. Thorn, Member, were present. By unanimous motion, the Board approved and signed the Regular and Special session minutes from September 23, 2002.

VOUCHERS AND PAYMENT OF BILLS

The Board by unanimous motion approved the September 2002 payroll, and the following

vouchers/warrants: Voucher (War.) #150526-150821 . . . . . . . . . . . . . . . . . . . . . .$324,600.92.

Hiring Requests & Personnel Actions

The Board by unanimous motion, approved two personnel action authorizations, as prepared and presented by Dick Toft, Human Resources Director:

Dept. PAA # Description/Position # Action Eff. Date

Sheriff/Jail 081/02 Corrections Officer 4015.22 New Position * 10/18/02

*replaces PAA 4011.03 Corrections Lt. and converts position to Corrections Officer

Public Works 082/02 Mechanic I OH 2237.03 Replacement 10/07/02

REappointments to SUBSTANCE ABUSE ADVISORY BOARD

By unanimous motion, the Board reappointed Diane Watson of Langley and Kathy Habel of Freeland to three year terms through 4/01/05 on the Substance Abuse Advisory Board.

Special Occasion Liquor License #368758 by Island Arts Council

On receipt of recommendations of approval from the Island County Sheriff and the Health Department, the Board by unanimous motion, approved Application for Special Occasion Liquor License #368758 by Island Arts Council, for an event to be held October 12, 2002, at the Bayview Community Hall, located at 5142 Bayview Road, Langley, Wa.

County Designated Mental Health Professional

Pam Reffm, MSW, was approved by unanimous motion of the Board as County Designated Mental Health Professional having met the requirements of RCW 71.24 and WAC 275-57, and as recommended by Jackie Henderson, Island County Human Services Director.

RESOLUTION #C-80-02 PROCLAIMING October 30, 2002 as

Weatherization Day in Island County

As recommended by Tim L. McDonald, Health Services Director, by transmittal memorandum dated October 2, 2002, the Board by unanimous motion approved Resolution #C-80-02 in the matter of Proclaiming the day of October 30, 2002 as Weatherization Day in Island County.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

PROCLAMATION

In the Matter of Proclaiming the }

day of October 30 NATIONAL } RESOLUTION #C- 80-02

WEATHERIZATION DAY }

in Island County }

WHEREAS: October is National Energy Awareness Month, and October 30 is designated as National Weatherization Day; and

WHEREAS: The Opportunity Council, as the designated Community Action Agency, provides the Weatherization Assistance Program in Island County, providing a variety of state and federal resources that ensure that all residents, especially those living at or below the federal poverty level, have the opportunity to live in energy efficient, healthy, safe and comfortable homes; and

WHEREAS: Since 1976 the Weatherization Assistance program in Island County has produced energy cost reductions averaging 25 percent in the winters, in 1,000 homes, benefiting thousands of people, many of whom are elderly, disabled and children; and

WHEREAS: This program not only assists families working toward self-sufficiency, but also contributes more broadly to the improvements and progress of communities by eliminating carbon emissions, stimulating local economies through the purchase of goods and services and stabilizing neighborhoods;

NOW, THEREFORE, BE IT PROCLAIMED BY THE Board of Island County Commissioners the Day of October 30, 2002 as

WEATHERIZATION DAY

in Island County, and urge all citizens to join us in this observance.

SIGNED this 7^th day of October, 2002.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

Mike Shelton, Chairman

William F. Thorn, Member

ATTEST: Wm. L. “Mac” McDowell, Member

Elaine Marlow

Clerk of the Board

Grant Application Authorization to Salmon Recovery Funding Board by MRC for Maylor’s Marsh Nearshore Restoration

With regard to this Grant Application, Chairman Shelton indicated that the Island County Marine Resources Committee (MRC) was interested in submitting a grant application to the Salmon Recovery Funding Board (SRFB). In order to comply with the rules of Island County’s WRAC Committee, the signature of the Board on the application was required first, and because of the time constraints, he signed the application on September 26, 2002, and asked for the Board’s concurrence/ratification at this time.

Commissioner Thorn moved approval/ratification of the Chairman’s signature on the Grant Application Authorization Memorandum to SRFB through Island County WRAC 6 Lead Entity from Island County MRC for the Maylor’s Marsh Nearshore Restoration Project. Motion was seconded by Commissioner McDowell.

Under discussion, Commissioner McDowell explained his concerns about the project, somewhat answered in that a feasibility study will be done. The project includes up to 60,000 tons of glacial wash sand and gravel material and his concern is that the material not migrate to the Oak Harbor dock or pier area.

Commissioner Thorn had expressed similar concerns to staff. When the proposal comes back for the Board’s acceptance of the grant and contract approval, he wanted to see some precedent in other locations or something attesting to the fact that the material would reasonably stay where placed and was for the purposes intended and would not do harm.

Recognizing the Board will have an opportunity for review, discussion and acceptance of grant and grant contract, and on the basis that staff schedule this to come before the Board at staff session, Commissioner McDowell supported approval of the Chairman’s signature 9/26/02 on the application.

Motion, as made and seconded, carried unanimously.

Don Meehan, Chair, WSU Cooperative Extension, explained the primary concern was to do no harm, and harm in his mind was economic harm as well as any inconvenience for other uses in that area, and would not move forward if there were any indication of some other harm.

Gary Woods, Intertidal Consulting, noted the Navy’s interest in the fact that what is there now is dredge material, a failed bulkhead, and what material is there is extremely fine and constantly is eroding away and filling up the marina. The 60,000 ton figure is a maximum amount available if needed; an amount set when considering both sides at the same time. What is contemplated is to have heavier material than is there now and make it more stable, not less. The lower planks of the old wooden bulkhead have not totally rotted and interfere with tidal flow. There are 30 beach replenishment projects in Puget Sound. There is about a five year period the SRFB allows for the money to be spent once the grant has been approved.

Quit Claim Deed – Camano Island Realty

The Board by unanimous motion approved a Quit Claim Deed from Camano Island Realty to Island County for East Camano/Cross Island Road project under Work Order #279, in the total amount of $200.00, Parcel S6590-00-00010-0 Plat of Evergreen Acres Division 1, Lot 10 [sign relinquishment agreement], as presented and recommended for approval by Bill Oakes, Public Works Director.

RENEWAL OF Adopt-a-Road Litter Agreements

By unanimous motion the Board approved the renewal of two Adopt-a-Road Litter Agreements as follows:

Greenbank Garden Club, Smugglers Cove Road from South Whidbey State Park to 3376 Smugglers Cove Road

Arndt, Kwarsick & McNeil, Maxwelton Road from Intersection of Langley/Maxwelton Roads to one mile south.

Resolution #C-81-02/R-35-02 Approving Plans & Specifications & Authorizing Call for Bids For Courthouse Expansion and Improvement Project, Phase 3C, ANNEX Remodel

Resolution #C-81-02/R-35-02 was approved by unanimous motion of the Board, in the matter of approving Plans & Specifications and Authorizing Call for Bids For Courthouse Expansion and Improvement Project, Phase 3C, Island County Annex Remodel, Work Order #303.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF APPROVING PLANS }

& SPECIFICATIONS AND AUTHORIZING } RESOLUTION C-81-02

CALL FOR BIDS FOR COURTHOUSE } R-35-02

EXPANSION AND IMPROVEMENT }

PROJECT, PHASE 3C: ISLAND COUNTY }

ANNEX REMODEL WORK ORDER NO. 303 }

WHEREAS, sufficient funds are available in the Construction and Acquisition Fund and the Courthouse Expansion Fund for the above project, NOW, THEREFORE,

BE IT HEREBY RESOLVED that the Plans and Specifications are approved and the Public Works Director is authorized and directed to call for bids for the Island County Courthouse Expansion and Improvement Project, Phase 3C: Annex Remodel. Bid Opening is to be on October 24, 2002, at 1:05 p.m. in Meeting Room 101, Island County Courthouse, 1 N. E. 6^th Street, Coupeville, Washington.

ADOPTED this 7^th day of October, 2002.

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

Memorandum of Understanding BETWEEN COMMUNITY MENTAL HEALTH SERVICES, COMPASS HEALTH AND ISLAND COUNTY

Memorandum of Understanding (RM-PW-022072) between Community Mental Health Services, Compass Health and Island County was presented by Mr. Oakes, with recommendation of approval. This relates to building a new facility to house Community Mental Health, and would be a County-owned accessible building CMHS will lease. The agreement commits funds from CMHS and Compass Health.

As the Deputy Prosecuting Attorney pointed out, Commissioner McDowell noted that the Agreement protects the County if there are overruns only to the extent that Community Mental Health Services and Compass Health have funds to repay the County.

Chairman Shelton thought it significant that the MOU contains the signature of the CEO, Jess C. Jamieson, of Compass Health, which is a substantial organization. Their approval is required on any change order; therefore should there be overruns those should be on a pre-determined basis.

By unanimous motion the Board approved the MOU between Community Mental Health Services, Compass Health and Island County in the matter of establishing limitations on County responsibility for funding. Motion, seconded by Commissioner McDowell, carried unanimously.

BID AWARD AND CONTRACT FOR BIOSOLIDS AGREEMENT

As recommended by Mr. Oakes, and Dave Bonvouloir, Solid Waste Manager, the Board awarded bid for Biosolids Agreement to the low bidder, Pacific Pumping Inc., Lynden, in the amount of $7,000.00 plus State Sales Tax. Following that action, the Board by unanimous motion, approved the Contract for Biosolids Agreement with Pacific Pumping, Inc., $7,000.00 + SST (RM-SW-02-0069).

HEARING HELD: ORDINANCE #C-76-02 PLG-019-02 concerning technical amendments to the Island County Comprehensive Plan Future

Land Use Plan Map and the Island County Zoning Atlas

A Public Hearing was held at 10:30 a.m. as scheduled and advertised on Ordinance #C-76-02 PLG-019-02 In the matter of an ordinance concerning technical amendments to the Island County Comprehensive Plan Future Land Use Plan Map and the Island County Zoning Atlas [as introduced on 9/9/02 as GMA #7284]. No members from the public attended, other than Rick Levin, Whidbey News Times.

Phil Bakke, Director, and Jeff Tate, Assistant Director, Planning and Community Development Department, made the presentation to the Board, and were available to respond to any questions or comments there might be. This was described as a routine ordinance consisting of technical corrections to the zoning ordinance found as a result of staff review or called to the attention of staff by property owners.

Mr. Tate’s September 4^th memorandum to the Board explained the various corrections to the Zoning Atlas:

Attached is a set of maps for your review as technical corrections to the Zoning Atlas. Please refer to the following list of map numbers and associated explanations of why these changes are being considered.

Map #497 – R23120-216-2021 and R23120-157-1620 corresponding Boundary Line Adjustment 135/02. Change the zoning boundary concurrent with the processing of BLA 135/02 so that the shift in property lines occurs simultaneously with the shift in zone boundary. Upon approval of the zoning boundary line correction and the boundary line adjustment the Assessor’s Office will prepare an updated map which is currently unavailable. When the updated map is available the Planning Department will correct the zoning boundary line change consistent with that which is indicated on the map included with BLA 135/02 and included with this ordinance as an exhibit.

Map #142 and #144 – R13219-251-3370 and R13219-286-3570 corresponding Boundary Line Adjustment 212/02. Change the zoning boundary concurrent with the processing of BLA 212/02 so that the shift in property lines occurs simultaneously with the shift in zone boundary. Upon approval of the zoning boundary line correction and the boundary line adjustment the Assessor’s Office will prepare an updated map which is currently unavailable. When the updated map is available the Planning Department will correct the zoning boundary line change consistent with that which is indicated on the map included with BLA 212/02 and included with this ordinance as an exhibit.

Map #602 – Parcels associated with PLA 519/97 located in the southwest portion of this map within the Dugualla Bay Heights plat and RAID. Plat Alteration 519/97 adjusted the parcel lines between 9 platted lots and a single unplatted lot in a manner that modified the outer plat boundary. The Dugualla Bay Heights RAID boundary was drawn consistent with the plat boundary which means that once the plat boundary changed all nine of the platted lots were split zoned. This correction will modify the RAID boundary so that it is consistent with the modified plat boundary.

Map #506 – Parcel R23124-334-1180 is proposed to be changed from Rural to Rural Agriculture. The property owner has requested that this parcel be changed to Rural Agriculture so that it is consistent with the remaining parcels that are in his ownership and that are contiguous to the subject 10 acre lot.

He called the Board’s attention to Map 497, Map #142 and #144 and the issue with BLAs and property line dispute and zoning boundary line; the Board is not taking any action on the BLA; it is just for cross reference.

No one in the audience spoke either for or against the Ordinance.

By unanimous motion, the Board adopted Ordinance #C-76-02 PLG-019-02 In the matter of an ordinance concerning technical amendments to the Island County Comprehensive Plan Future Land Use Plan Map and the Island County Zoning Atlas (GMA #7285 as adopted).

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF AN ORDINANCE CONCERNING TECHNICAL AMENDMENTS TO THE ISLAND COUNTY COMPREHENSIVE PLAN FUTURE LAND USE PLAN MAP AND THE ISLAND COUNTY ZONING ATLAS.

) ) ORDINANCE C-76-02 ) PLG-019-02 ) )

WHEREAS, on September 28 and 29, 1998, the Board adopted the County’s GMA Comprehensive Plan and Development Regulations; and

WHEREAS, by Ordinance C-123-98, the Board also adopted Chapter 17.03 ICC as Island County’s official Zoning Code to implement its GMA Comprehensive Plan with the Zoning Atlas as the Official Zoning Map of Island County; and

WHEREAS, certain technical amendments to the Future Land Use Plan Map and the Zoning Atlas have been identified to ensure that the zoning designations are consistent with the County Wide Planning Policies.

NOW, THEREFORE, IT IS HEREBY ORDAINED that the Board of Island County Commissioners hereby adopts certain technical amendments attached hereto as Exhibit A to the Island County Zoning Atlas (Exhibit C to Ordinance C-123-98).

Reviewed this 9 day of September, 2002 and set for public hearing at 10:30 a.m. on the 7 day of October, 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 AND ADOPTED this 7 day of October, 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

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

Budget Workshop

The Board met in Budget Workshop at 1:00 p.m., County Administration Building, Conference Room #116, Coupeville, Wa, to review and discuss the Public Works Department budgets. All

Commissioners were present, as was Elaine Marlow, Budget Director.

Handout: Proposed 2003 Public Works Department Budgets 10/7/02

Presentation by: Bill Oakes, Public Works Director

Staff Attending: Dick Snyder, Gwen Maxfield, Jack Taylor, Randy Brackett, George

Anne Sherry, Colleen Jokinen; Angie McDowell

Bill Oakes reviewed what the Department had done this summer, and what had changed since May, and the presentation basically the same as presented earlier in the year. The 2003 budget proposal is to fund Public Works from the funds directly supported resulting in the Current Expense fund not making the $28,326 contribution to the Public Works Fund.

Public Works:

· Camano Trail - underway

· Courthouse Annex Remodel – specifications and call for bids authorized today

· Community Mental Health Facility – MOU signed today

· Freeland Sewer Study – re-started and negotiated the contracts

Storm Water - emphasize project delivery [pumps and pipe work].

Staff is aware of the new State stormwater rules; primarily affects larger projects and all state and federal-funded projects. When exact impacts are known, will meet with Fakkema & Kingma for their analysis as far as what the actual engineering impacts are. It is not Mr. Oakes plan to blankly adopt the State’s manual; many of the things in the State manual Island County is already doing. All impacts will be discussed with the Board along with existing alternatives for what is already being done.

Solid Waste

· County-WSDOT property swap. WSDOT has moved off the site which leaves it open for the County to use for better access to scale facility at the Coupeville transfer site. Looking for alternative designs for the access.

· Rate Study [due next year]

· Groundwater Study – on-going

From a Risk Pool meeting last week, the Chair learned that insurance was available, not so unreasonably priced, to insure against environmental liabilities for open or closed landfills. His thought was to review the purchase of that type insurance thus freeing up a substantial amount of money dedicated in the reserve for Solid Waste.

Commissioner McDowell noted that the North end recycling center was extremely small and not very user-friendly, and inquired about any plans for relocation. He commented that perhaps sometime in the future the City of Oak Harbor may be amenable to leasing Oak Harbor recycling center at a nominal cost to have the County run that.

As Ms. Maxfield advised, the volume there had increased over the past couple of years, and staff is looking at the need for open hours, but had not yet looked at another site. Mr. Oakes agreed that the site was very small and that the Department could look into that.

Roads

Nothing budget-wise significantly changed from what was presented in May. Budget reflects on-going maintenance and operation. Aggressive Road program at $7.6 million in 2003 based on delivery of several projects shown on Budget Workshop Book Page 182 in today’s handout [the Annual Road Construction Program]. Lehman Road project relates to drainage improvement at the south end close to the intersection with East Camano.

· New Camano Shop – open house tomorrow

At some point there needs to be a decision about the shop building and pole building. Ultimately the plan is to demolish those as this is the site for a new annex; it is a matter of when. Used now for storage and perhaps could be some interim use by Parks once Road equipment has been moved out.

· Event-planning – partnership with City, Towns and State, etc. on various events

· LIDAR Light Detection And Ranging

Partnering with Kitsap, NASA, USGS. Benefit for staff use for stormwater planning and engineering as well as the consultant community. Current USGS maps are 30’ contours; this is plus or minus 8”. Will be on the Internet on the University of Washington server eventually.

· Vegetation Management

Purchased 4 shoulder mowers = $184,000; 4 mower heads = $28,000. Department is tracking the costs and continues to look for alternatives. Mower life between 5 – 7 years; may be looking at turning mowing implements over and keeping the tractors [example: replaced 2 mowing implements and kept 2 tractors this year].

Commissioner Thorn recalled that at least two different organizations in the community offered help on natural plants and other things possible to help reduce costs, and he asked Mr. Oakes to follow up on those offers.

· Chip Seal

Overall the cost of chip seal is ½ the cost of maintenance overlay. Department uses Polymer oil 100%, and are using ice abatement chips on specific roads as necessary. Chip seals last about 7 years +/- and a maintenance overlay probably 10 years +/-.

Commissioner McDowell recalled discussion last year about day labor in-house versus contract overlays and understood at that time that Public Works was instructed that 2003 would be the first year of the commitment to scale back on day labor and do more contracted work.

Mr. Oakes made note that the Department at bare minimum has a crew about a week and one-half for paving; to go below that would mean losing his goal of maintaining expertise in-house. Island County has a fairly unique maintenance paving, 1” +/- of Class G. At his direction aggregate crews were formed from all the crews on Whidbey Island who paved in all three districts. This year the Whidbey Island per shop day labor amount was 30% distributed among the three shops and 70% by contract. County wide, contracted out was 80%.

Commissioner Thorn did not believe that a hard and fast rule on a percentage split between day labor and contract work was necessarily appropriate, especially with budget constraints and declining funds over time. He suggested the possibility that Public Works consider a bid of its own on a job and look at it from the perspective of whether or not the County can beat a contract price; if it saves money overall he thought it entirely defensible.

The Chairman made the observation that the County was able to do the work cheaper because of not having to factor in a profit and one could argue about how the County calculates its costs to pave a mile of road as opposed to a private contractor. After talking to folks from Lakeside he was not sure he was even supportive of a 1” overlay.

Mr. Oakes’ opinion was that a 1” overlay was appropriate in places, but agreed he would have to look at whether to do it everywhere, and did point out there are some 1” overlays that have lasted 20 years on some of the low volume roads. For arterial roads he agreed with the need to look very closely at whether that 1” was appropriate.

Chairman Shelton requested the Department get rid of the big paver and get the small paver which had been rented and much more effective for the pre-levels; do all pre-levels and seal coats, but all overlays be contracted out. Commissioner McDowell agreed 100% with the Chairman.

Commissioner Thorn thought it would be a huge mistake to degrade in-house capability.

Mr. Oakes acknowledged the direction of the Board today and agreed to look at what equipment profile would be needed to comply with that direction, and thought there was a life cycle cost analysis to be done to make sure what the most cost effective way is to go.

· Paths & Trails

Cedars Trail

Major capital expenditure next year is construction of Cedars Trail. New direction was to go along Maxwelton Road rather than cross country. There had been some funds spent on the design to go cross country but no right of way acquired. Routing the trail along Maxwelton Road will require some right of way acquisition and Mr. Oakes wants to meet with residents early on. Discussions so far with granting agency is that the County can move the location of the trail and still comply; should the trail concept be abandoned completely then funds will have to be returned.

West Beach Trail

Department position on West Beach is that there is someplace between no shoulders, and shoulders and no trails; the proposal is not etched in stone to have a 6’ wide separated trail. Mr. Oakes wants the opportunity to talk with property owners and discuss what the 6’ shoulder looks like and how an infiltration system can be engineered that will reduce or eliminate the open ponds. If there can be one shoulder 8’ to 10’ and the other 6’ for transportation purposes, He was not so sure that residents would be opposed to that. Perhaps a 6’ paved with 3’ gravel, and maybe just a wide shoulder, that all can be discussed with the residents. It was not 100% clear to him that everyone was opposed to the trail, and thought there might be some kind of compromise.

Commissioner McDowell commented that the separated trail and ponds was of concern to the residents. Tentatively he agreed to meet with the concerned residents the evening of October 16^th, and suggested to Mr. Oakes the possibility of trying to get that scheduled a little earlier, 4:30 or 5:00 p.m., to come at the end of the Staff Session meeting at the Courthouse so all three Commissioners can attend and hear the concerns and suggestions of the residents, along with staff. Staff tentatively set up to meet with residents on October 22^nd and this would be in addition to that meeting. This will allow prior to budget finalization those two meetings to occur and get a feel for what will or will not occur; if there will be no trail, his direction was that it be taken off the program completely and out of the budget.

There being no further business to come before the Board at this time, the meeting adjourned at 2:00 p.m. The next regular meeting is scheduled for October 14, 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