ISLAND COUNTY COMMISSIONERS
- NOVEMBER 25, 2002
Special
Session and Regular Meeting Minutes
The Board met in Special Session on November 25, 2002
beginning at 9:30 a.m., Law
& Justice Facility, 101 NE 6th Street, Dept. 3 (Courtroom 3), Coupeville,
Wa., with Regular Meeting at 1:30 p.m.
canceled, as outlined the Board’s Agenda/Notice of Special Session distributed
November 20th.
The regularly-scheduled Elected
Officials Roundtable was held as usual
at 11:30 a.m. The November 25th schedule change was made in order to
accommodate those who wish to attend the memorial service for Maxine Sauter,
former Island County Treasurer, at the Methodist Church in Oak Harbor at 1:00 p.m.
SPECIAL SESSION
The
Board of Island County Commissioners (including Diking Improvement District #4)
met in Special Session beginning at
9:30 a.m. in the Law & Justice
Facility, Department III (Courtroom 3), 101 N.E. 6th 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 minutes from regular meeting held on November 18, 2002.
VOUCHERS AND PAYMENT OF BILLS
The following
vouchers/warrants were approved for payment by unanimous motion of the
Board:
Voucher (War.) #154313-154602……………………………………………….$352,158.93.
Hiring Requests & Personnel
Actions
As presented by
Dick Toft, Human Resource Director, the Board by unanimous motion, approved the following personnel action
authorization:
Dept.
PAA # Description/Position
# Action Eff. Date
Public Works 090/02
Working Foreman I, OHRS, # 2235.03
Replacement 11/25/02
Resolution #C-101-02 Establishing a
Steering Committee to
Manage Compliance with Health Insurance Portability
& Accountability Act
Resolution
#C-101-02 in the matter of Establishing
a Steering Committee to Manage Compliance with the Health Insurance Portability
and Accountability Act was adopted by
unanimous motion of the Board.
BEFORE THE BOARD OF THE COUNTY
COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
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IN
THE MATTER OF ESTABLISHING A STEERING COMMITTEE TO MANAGE COMPLIANCE WITH THE
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT |
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RESOLUTION C-101-02 |
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Whereas,
the Health Insurance Portability and Accountability Act, Public Law 104-191, (hereinafter
referred to as HIPAA) was enacted on August 21, 1996 by Congress. HIPAA provides for improved efficiency and
effectiveness of the health care system by standardizing the format, content,
and data elements in electronic health care transactions; streamlines processes
and lowers overall administrative costs of health care in the United States;
and provides for control over the disclosure of health care information that
identifies an individual; and
Whereas, HIPAA affects
policies, procedures, contracts, technology, record retention, and employee
training relating to the collection and dissemination of individual health care
information gathered during the course of County business; and
Whereas, the Board of County
Commissioners finds that the most effective means of implementing the
requirements of the Health Insurance/Information Portability and Accountability
Act is to establish a Steering Committee; and
Now, therefore, the Board of
County Commissioners of Island County does resolve as follows:
Section I. Individuals in the following positions are
hereby appointed to the Steering Committee:
a) Health
Services Director or designee
b) Risk
Manager or designee
c) Central
Services Director or designee
d) Prosecuting
Attorney or designee
e) Coroner
or designee
f) Sheriff
or designee
g) Juvenile
Court Services Director or designee
h) Human
Resources or designee
i)
Records and Information Services Manager
(Committee Coordinator)
Section II. The HIPAA Steering Committee is responsible
for managing the process of planning, implementing, arranging for training
concerning, and evaluating compliance with the Health Insurance/Information
Portability and Accountability Act for Island County Government.
Section III. Objectives of the Steering Committee:
A. Gather information about HIPAA, evaluate
applicability, and disseminate this information to appropriate individuals,
agencies within Island County and, after identifying them, any “business
associates” as defined in the Act.
B. Conduct a survey of all Island County government
offices and departments to identify affected records and offices under HIPAA
determine risks, needs, gaps and compliance issues.
C. Make a recommendation to the Board of County
Commissioners regarding Covered Entity Status of Island County government
offices and departments and any “business associates” as defined under the Act.
D. Select Sub-committee members from offices
and departments as appropriate to the process of compliance with HIPAA.
E. Lead implementation of necessary changes in policies,
procedures, contracts, technology hardware, software and networks, records and
information storage, retention, transfer and destruction, and employee training
to gain compliance with HIPAA.
F.
Create an initial and ongoing HIPAA audit plan
for Island County.
ADOPTED
this 25 day of November, 2002.
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Board of County Commissioners
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Island County, Washington |
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Mike Shelton, Chairman |
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Attest: |
Wm. L. McDowell, Member |
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Elaine Marlow, Clerk of the Board |
William F. Thorn, Member |
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Staff Session Schedule
– December, 2002
The
Board, on unanimous motion, approved
the Staff Session Schedule for December, 2002.
Important to note that the regular first Wednesday staff session on
December 4, 2002 has been canceled, and a
special staff session scheduled for
December 11th. The regularly-scheduled third Wednesday staff session, December 18,
2002, will be held as usual. Both sessions begin at 9:00 a.m. and are held in
Conference Room #116, Courthouse
Administration Building, 1 N.E. 7th
Street, Coupeville, Wa.
Claim for Damages #R02-038CD – Dane
H. Penery
Based
on review and recommendation by Betty Kemp, Director, GSA/Risk Management,
the Board by unanimous motion denied
Claim for Damages #R02-038CD by Dane H. Penery in the amount of $10,000
alleging breech of contract and additional settlement terms.
HEARING SCHEDULED: Ordinance #C-102-02 Amending ICC,
Sections 6.08.090 and 9.40.280 – Add Authorized Dog Off
Leash Areas on North Whidbey Island
On
presentation and overview provided by Lee McFarland, Assistant Director, GSA,
the Board by unanimous motion, scheduled a public hearing to be held on January 6, 2003 at 9:55 a.m. to consider Ordinance #C-102-02 In the Matter of
Amending Island County Code sections 6.08.090
and
9.40.280 to add Authorized Dog Off Leash Areas on North Whidbey Island. As noted, the two dog off-leash areas
are: Oak Harbor Off Leash Area, a
designated area at the East end of Technical Road in Oak Harbor and Clover Valley Off Leash Area, a
designated area adjacent to North Whidbey Parks and Recreation Ballfield
complex.
Substance Abuse Treatment –
Catholic Community
Services Contract #HS-11-01, Amendment
4
The
Board by unanimous motion, approved Amendment 4 to Contract #HS-11-10 with Catholic Community Services for substance
abuse treatment, the amendment in the amount of $6,371.26 for a new total contract amount $558,795.26. The amendment reallocates current funds, increases the dollar amount and
extends the period of performance through the end of the 2001-2003 biennium for
drug court [RM-HLTH-99-0073].
Resolution #C-103-02/R-38-02 – Emergency Load Limitations
on County Roads During Winter
Months
As
presented by Bill Oakes, Public Works Director, the Board by unanimous motion
approved Resolution #C-103-02/R-38-02 Governing Emergency Load Limitations on
County Roads, the Issuance of Special Motor Vehicle Permits to Use on
Weight-Restricted County Roads, and Fixing Penalties for Violations Thereof.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
A RESOLUTION GOVERNING EMERGENCY )
LOAD LIMITATIONS ON COUNTY ROADS, )
THE ISSUANCE OF SPECIAL MOTOR ) C-103-02
VEHICLE PERMITS TO USE ON WEIGHT ) R- 38 -02
RESTRICTED COUNTY ROADS, AND FIXING )
PENALTIES FOR VIOLATIONS THEREOF )
WHEREAS,
pursuant to RCW 46.44.080, Island County may prohibit or
restrict vehicle operations or vehicle weight whenever any county road, by
reason of rain, snow, climatic, or other conditions, will be seriously damaged
or destroyed unless the operation of vehicles thereon is prohibited or
restricted or their permissible weights reduced (such periods hereafter
referred to as “load sensitive periods”);
WHEREAS,
Island County roads are constructed over relatively thin sub-bases, and
sometimes directly over natural soil and roads constructed under aforesaid
conditions are very vulnerable to rapid breakup during freezing and thawing
periods; and
WHEREAS,
reduced weights and speed help prevent the early breakup of roads from
conditions as cited above; and
WHEREAS,
the Board of County Commissioners of Island County, Washington, upon
recommendation of the County Engineer, has deemed it advisable to place certain
restrictions on various county roads during load sensitive periods to protect
such roadways from extensive damage;
NOW,
THEREFORE, pursuant to RCW 46.44.080, BE
IT HEREBY ORDERED by the Board of County Commissioners of Island County,
Washington, THAT the following notice be published once in a newspaper of
general circulation in the County; THAT the wording and intent of same is a
part of this Resolution; and THAT the Island County Engineer is hereby duly
instructed and ordered to execute the action implied therein.
NOTICE
IS HEREBY DULY GIVEN, that, under the authority of Chapter 36.75.270 and
46.44.080, Revised Code of Washington, all Island County roads subject to
damage during periods when inclement natural forces are at work, will be closed
to all vehicles exceeding the gross weight indicated for each tire size shown
in the following tables (when said roads are posted in accordance with Item 5
below), WITH THE EXCLUSION of passenger vehicles including sedans, station
wagons and pickup vehicles not licensed for tonnage, school buses, emergency
vehicles, garbage trucks, and trucks transporting perishable commodities, home
heating oil, propane, other fuel and buses other than school buses necessary to
the health and welfare of local
residents. (However, under the provision of this
notice, in no case shall the gross load exceed the gross loads as set forth in
R.C.W. 46.44
(Same
as Washington State Department of Transportation Emergency
Load
Restrictions, WAC 468-38-080)
Conventional Tires Tubeless or Special Tires with .5 Marking
Tire Size Gross Load Each Tire Tire Size Gross Load Each Tire
7.00 1800 lbs. 8-22.5 2250 lbs.
7.50 2250 lbs. 9-22.5 2800 lbs.
8.25 2800 lbs. 10-22.5 3400 lbs.
9.00 3400 lbs. 11-22.5 4000 lbs.
10.00 4000 lbs. 11-24.5 4000 lbs.
11.00 4500 lbs. 12-22.5 4500 lbs.
12.00 or over 4500 lbs. 12-24.5 or over 4500 lbs.
(Same
as Washington State Department of Transportation Emergency
Load
Restrictions, WAC 468-38-080)
When a rapid surface
thawing over a fully frozen road base occurs (i.e., warm rain over frozen
ground, or rapidly melting snow), the Emergency Load Restrictions as cited
below shall be immediately imposed as directed by the Island County Engineer.
Conventional
Tires Tubeless or Special Tires with .5 Marking
Tire Size Gross Load Each Tire Tire Size Gross Load Each Tire
7.00 1800 lbs. 8-22.5 1800 lbs.
7.50 1800 lbs. 9-22.5 1900 lbs.
8.25 1900 lbs. 10-22.5 2250 lbs.
9.00 2250 lbs. 11-22.5 2750 lbs.
10.00 2750 lbs. 11-24.5 2750 lbs.
11.00 or over 3000 lbs. 12-22.5 or over 3000 lbs.
1)
High pressure pneumatic tires shall have the
same rating as set forth in the above tables.
2)
No allowance shall be made for any second rear
axle that is suspended from the frame of a vehicle independent of the regular
driving axle, and commonly known as a “Rigid Trail Axle”.
3)
The load distribution on any vehicle shall be
such that it will not load the tires on said axle in excess of the prescribed
load set forth in this order; provided that a truck, truck tractor, passenger
bus or school bus having conventional 10.00 x 20 tires, or larger, may carry a
maximum load of 10,000 lbs. on the front axle over any county highway placed
under Regular Winter Load Restrictions.
4)
Should there be evidence that any truck
supplying motive power for any type of trailer is inadequate to handle with
safety the specific maximum load for such trailer, the load on the trailer
shall be reduced sufficiently to allow said truck and trailer to operate with
safety. Any loading in excess of the
specified maximum load will be considered a violation of this order.
5)
Island County roads shall be subject to closure
during the effective dates stated below; said closure to be identified by
continuous or intermittent posting at such locations upon each road as may be
necessary by the Island County Engineer, as conditions require, to protect and
maintain the same during each period.
6)
Speed limit is 30 miles per hour for all trucks
or buses except emergency vehicles, school buses, and passenger carrying
vehicles as described above.
SPECIAL PERMITS
Special permits may be
issued by the County Engineer, or his representative, for loads in excess of
allowable loads stated above, by the following method:
1)
Any application shall apply in person to the
County Engineer’s office or
Road
Shop Supervisor’s office for the applicable district during normal business
hours. The applicant must be the
vehicle operator, owner, or other responsible party.
2)
A permit will be issued only when the applicant
has provided all necessary
Information.
3)
The following will be considered in evaluating
the permit application:
a.
number and frequency of trips requested,
b.
other permits granted for the same route,
c.
availability of alternate routes,
d.
climatic conditions,
e.
degree of overload over restricted load limits,
and
f.
current road surface condition.
4)
If a permit is issued, it must be carried in the
vehicle while traveling a County
road
on which weight restrictions have been imposed.
PENALTY
Any
person violating any emergency load limitation on a County road during a load
sensitive period shall be in violation of this Resolution. A violation of this Resolution shall
constitute a traffic infraction under the provisions of RCW 46.44.105, and RCW
46.44.080, subjecting the violator to the monetary penalties provided in RCW
46.44 and RCW 46.61.
ACTION FOR DAMAGES
Any
person operating a motor vehicle upon, across, over any County road in
violation of any provision of this Resolution shall be liable under RCW 46.44.110
and RCW 46.44.120 for any damage caused to such County road as the result of
such violation.
SEVERABILITY
If any provision of
this Resolution or its application to any person or circumstance is held
invalid, the remainder of the Resolution or the application of the provision to
other persons or circumstances shall not be affected.
THIS
ORDER SHALL BECOME effective and be in full force on or after the date of
adoption through the 30th day of April 2003, and the foregoing
regulations will be rigidly enforced.
ADOPTED
this 25 day of November, 2002.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Mike
Shelton, Chairman
Wm.
L. McDowell, Member
Resolution #C-104-02/R-39-02 –
Annual Road Construction
Program for year 2003 and proposed
ER&R Fund
Equipment Purchases 2003
Resolution
#C-104-02/R-39-02 In The Matter of Approving Annual Road Construction Program for year 2003 and proposed
ER&R Fund Equipment Purchases 2003, was approved by unanimous motion of the
Board, as presented by Bill Oakes, having been a topic of discussion at a
previous staff session.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER OF ADOPTION OF )
THE ANNUAL ROAD CONSTRUCTION) RESOLUTION C-104-02
PROGRAM FOR THE YEAR 2003 ) R-39-02
WHEREAS,
it is required by RCW 36.81.130 that the Annual Road Construction Program be
adopted prior to the Annual Budget; and
WHEREAS,
the Six-Year Transportation Improvement Program was adopted
at public hearing as required by law on June 24, 2002; and
WHEREAS, the
Board of County Commissioners has reviewed the work accomplished under the
current Six-Year Program to determine current needs in order to revise and
extend the comprehensive road program; NOW,
THEREFORE,
BE
IT HEREBY RESOLVED that the attached list of projects as
selected from the aforementioned Six-year Transportation Improvement Program with
2003 Proposed Equipment Purchases by ER&R Fund be adopted.
PASSED
BY UNANIMOUS VOTE AND ADOPTED this 25th day of November, 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
Lease Agreement #PW0220-78 - Washington State Department of
Transportation and Island County FOR Operation
and Maintenance of Kettles Trail
The
Board approved by unanimous motion Lease Agreement #PW0220-78 [State Numbers
AA1-11238/IC 1-15-06040] between Island County and the State of Washington
Department of Transportation, for leasing State right-of-way to operate and
maintain a trail segment as part of the Ebey’s Landing National Historic
Reserve Trail system/Island County Community Trails Project (Kettle’s
Trail). As indicated by Mr. Oakes, this
is a 10 year lease, and upon expiration of the initial term, may be renewed for
two additional ten year periods.
Annex Remodel Project Bid Award:
Public Works recommends award to second lowest bidder, Hanson Brothers,
Inc., and rejecting low bid by Ebenal
General, Inc.
The
recommendation of Public Works Department for the Courthouse Annex Remodel
Project Bid Award to be made to the
second lowest bidder, Hanson Brothers, Inc., and rejection of the low
bid from Ebenal General, Inc., was presented by Mr. Oakes.
Chairman
Shelton first advised that the Board had been handed a document a few minutes before the meeting
began, a Temporary Restraining Order, signed by Superior Court in Skagit County
indicating that the Board could not
sign a contract, and the Chairman asked for comments from the County’s
Chief Civil Deputy Prosecuting Attorney, in that regard.
David
L. Jamieson, Jr., Chief Civil Deputy Prosecuting Attorney, reported that he had
been on the phone earlier this morning with Attorney Frank Chmelik, Bellingham, who represents Ebenal General, Inc.
and some others. From his conversation
and from reading the Temporary Restraining Order, it does not restrict the
Board from determining who to award the bid to for the Courthouse remodel
project, but Ebenal will take issue if the Board awards a contract to anyone other than Ebenal, and in that case,
the Board is enjoined, at least
temporarily, from entering into a
contract with anyone other than Ebenal.
Bill
Oakes handed out for the Board’s review and proposed action, a Resolution in the matter of awarding the bid
for the Courthouse Annex Remodel Project, with Findings of Fact outlining the
basis on which Public Works’ made its recommendation to award bid to the second
lowest bidder. Based on background reference check, he confirmed recommendation that the bid not be
awarded to the lowest bidder, Ebenal General, Inc., but instead be made to the
second lowest bidder, Hanson Brothers,
for the base bid and alternates 1, 2,
3c, 4, 7, 9, 10a, 10b and 10c, and trench safety systems, including sales tax, in the total amount of $2,968,503.00.
Scott
Maresh, Attorney, Chmelik Sitkin & Davis, P.S., Attorneys, Bellingham, Wa.,
representing Ebenal General, Inc., Blyth Heating & Plumbing, and Sound
Electric and a taxpayer in Island
County, identified himself as the person who delivered this morning the
Temporary Restraining Order. He advised
that bids were opened on October 31, 2002, and in the subsequent weeks his
client and the two subcontractors he represents sought information from the
Public Works Department and the Architect on the status of the contract award. None
of his clients received any
information, although in the
contracting community, rumors were rampant the bid would go
to
Hanson Brothers instead of Ebenal General. His concern was that Ebenal General did not get an opportunity
to respond to any potential concerns there might be. His clients were not aware of this meeting until they contacted
Public Works Friday afternoon, and it was not until over the weekend through an
Internet search they saw an agenda for
today’s meeting which indicated that the
Public Works’ recommendation was that Ebenal not be given the award.
A period of 14 days is requested in order to sort this out, and that if
there are any issues, they have an opportunity to respond to those issues.
Sound Electric as a taxpayer in
Island County has concern that instead of the award being made to the low
bidder, that it will go to a higher bidder without at least some consideration.
Mr.
Oakes was out of the County last week, but was aware that the Assistant Public
Works Director talked to Ebenal last week.
Mr. Oakes had not received any
calls from any of these companies.
Commissioner
Thorn moved that the Board approve Resolution
#C-105-02 in the matter of Awarding the bid for the Courthouse Annex
Remodel Project to Hanson Brothers, Inc. the lowest responsible bidder, for the base bid and alternates 1, 2, 3c, 4, 7, 9, 10a, 10b and 10c, and
trench safety systems, including sales
tax, in the total amount of
$2,968,503.00. Motion, seconded by
Commissioner McDowell, carried unanimously.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
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IN THE MATTER OF AWA |