ISLAND COUNTY COMMISSIONERS – MINUTES OF MEETING

FEBRUARY 10, 2003

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on February 10, 2003 at   9:30 a.m. in the   Law & Justice Facility, Department III (Courtroom 3), 101 N.E. 6th Street, Coupeville, Wa. Wm. L. McDowell, Chairman, William J. Byrd, Member, and Mike Shelton, Member, were present.   By unanimous motion, the Board approved and signed the minutes from February 3, 2003.

 

VOUCHERS AND PAYMENT OF BILLS

 

By unanimous motion the Board approved the January,  2003 payroll, and the  following vouchers/warrants were approved for payment:     Voucher (War.) # 158899-159105………..$309,246.12.

 

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    016/03      Accounting Asst.  2216.01           Replacement            2/10/03

Public Works    017/03      Laborer I, OH       2244.12           Replacement                       2/10/03

 

EMPLOYEE SERVICE AWARDS

 

            Employee                                Department                             No. of Years

            Christopher Sterba                       Public Works/Road                        10 Years

            Benjamin R. Van Duine               Planning                                      5 Years

Ronald V. Yount                       Central Services                            5 Years      

 

EMPLOYEE OF THE MONTH  -  JANUARY, 2003

 

Mitzi Hall, Assistant Planner in the Planning and Community Development Department, was selected as Employee of the Month for January.  Although Mitzi has been with the  County for less than a year she has   already been singled out by fellow employees and citizens for her courteous service and helpful demeanor

 

JOINT ADMINISTRATION  BOARD (TOURISM)

 

By unanimous motion, the Board appointed Gary Gabelein, Clinton,  to the Joint Administration  Board (Tourism) representing the South Whidbey Chamber of Commerce from the Clinton area.

 

Special Occasion Liquor License Application # 091584

 

Application for Special Occasion Liquor License Application #091584 by Stanwood Chamber of Commerce was approved by unanimous motion of the Board,  based on review and recommendations of approval from the Island  County Sheriff and Health Department.  The Special Occasion will be held on  February 22, 2003, from 6:00 to 9:00 p.m., Camano Senior Center, 606 Arrowhead Road, Camano Island.

 

Resolution #C-08-03  - Cancellation of Uncollectible

Personal Property Taxes

 

By unanimous motion, as submitted by the Island County Treasurer under memorandum dated January 31, 2003, the Board approved Resolution #C-08-03 in the matter of cancellation of uncollectible personal property taxes as of February, 2003.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF CANCELLATION OF UNCOLLECTIBLE PERSONAL; PROPERTY  TAXES AS OF FEBRUARY, 2003

 

                                           

RESOLUTION C- 08 -03

 

WHEREAS, in accordance with RCW 86.56.240, a list of uncollectible personal property taxes, attached  hereto as Exhibit  A, together with the Affidavit of the Treasurer, Linda E. Riffe,  to the Board  of County Commissioners, asserting the taxes are not collectible, has been filed with the county legislative authority.

NOW THEREFORE BE IT HEREBY RESOLVED, that the Board of County Commissioners finds the attached list of uncollectible  personal property  taxes cannot be satisfied and therefore shall be cancelled by the Treasurer. 

ADOPTED this 10  day of February, 2003.

                                                           

                                                            BOARD OF COUNTY COMMISSIONERS

                                                            ISLAND COUNTY, WASHINGTON

                                                           

                                                            Wm. L. McDowell, Chairman

                        William J. Byrd,  Member

Mike Shelton,  Member

                                                           

ATTEST:  Elaine Marlow

Clerk of the Board

 

[note Exhibit A and Affidavit of the Treasurer on  file with the Clerk of the Board]

 

Platt Building Lease Amendment

 

Amendment to Lease Agreement #RM-HLTH—02-0016 between Island County (Island County Health Department ) and Bruce H. Platt, for property located at 31775 SR 20, Suite A-3, Oak Harbor, dated February  11, 2002, was approved by unanimous motion  of the Board as presented and described by Lee McFarland, GSA/Property Management Division.   The Amendment extends the  lease for another year  commencing on February 15, 2003 until February 15, 2004, and  increases the monthly rent to $850.00 per month, a $10.00 per month increase reflecting  utility rate increases.

 

Contract WITH Siemens Control Systems #RM-MAINT-03-0003

 

Contract with  Siemens Control Systems (RM-MAINT-03-0003) in the amount of $20,136 for structured technical support program to implement recommended upgrades,  enhancements and on-going technical support  for the effective utilization and protection of  Island County’s energy management and  control systems for Island County facilities, was approved by unanimous motion of the Board, for a three-year period through December 31, 2005.

 

Claim for damages #RD03-002CD BY  Verizon

 

Claim for Damages #RD03-002CD by Verizon, CMR Claims Department, representing alleged  damage to 50-pair cable November 21, 2002 during a ditch maintenance operation by Island County Road personnel on Camano Island,  was  presented for the Board’s consideration by Betty Kemp, Director, GSA/Risk Management.   Her  review and recommendation was detailed  in a memorandum dated February 3, 2003,  summarized:  

 

·         Claim filed 1/13/03 for an amount of $10,000 although the County received

        a detail of damages only equal to $526.12;

 

·         County personnel confirm cable cut but note that the  cable was just under the surface

      of the bottom of the ditch rather than 36” as required and stated in the Utility Right-of-Way     

      and Franchise Agreement. 

 

The Public Works Department, as well as the Risk Manager, recommended the claim be denied.  The Board concurred with the recommendation of the Public Works Director and Risk Manager and by unanimous motion, denied the claim.

 

In follow-on discussion, the County Engineer, Dick Snyder, confirmed that the cable was buried only about 6” below  the surface of the bottom of the ditch when the requirement is that cable  be buried a minimum of 36”.  As far as any history of this type problem where the cable is not buried the required depth,  he recalled some problems with Verizon primarily on North Whidbey and Camano Island, where  during routine mowing operations there were signs that cable  was barely underneath the grass.

 

Memorandum of Understanding/Membership Agreement for Renewal FOR  Washington State Association  of Counties Retrospective Rating Pool

 

Memorandum of Understanding and Membership Agreement for Renewal with Washington State Association  of Counties Retrospective Rating Pool was approved by unanimous motion of the Board, as presented and recommended by Betty Kemp, who confirmed that the County received considerable  support from the Retro Pool and  WSAC’s administration of the program.

 

Juvenile Services –  Juvenile Accountability Incentive

Block Grant (JAIBG)  Contracts

 

As previously reviewed at a recent staff session, the Board by unanimous motion approved Juvenile Court Services Department   Juvenile Accountability Incentive Block Grant (JAIBG)  Contracts: 

 

RM-JUV-02-0092     9/1/02 – 2/28/03     DSHS Agreement #0263-16457

RM-JUV-02-0095     3/1//03 – 8/31/03    DSHS Agreement #0363-16458.

 

Resolution #C-09-03-EXEMPTION to Competitive Bidding Requirements

 - Jail  Control Room  Air Conditioning Unit

 

 

 

By unanimous motion the Board approved Resolution #C-09-03 in  the Matter of an Exemption to Competitive Bidding Requirements to approve a contract  with  Siemens Building Technologies, Inc.  for Jail  Control Room  Air Conditioning Unit (ACU) replacement..  The exemption was necessary on an emergency basis as allowed under provisions  of RCW 39.04.280 and ICC 2.30A.040.E  due to unanticipated failure of the ACU system, a critical component for the  required safe operation of the jail facility.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF AN EXEMPTION    )   

TO COMPETITIVE BIDDING                              )     RESOLUTION #C- 09-03

REQUIREMENTS____________________)

 

            WHEREAS, funds are available in the Capital Improvements REET 1 (Facilities Maintenance and Repair) budget for emergency replacement of the specialized air conditioning unit (ACU) for the Island County Jail Facility’s control room required due to the recent unexpected failure of the ACU system; and

 

            WHEREAS, there is only one Contractor in the area authorized to distribute parts, equipment and provide factory service and said Contractor has provided service and repair for Island County’s heating and cooling systems since 1988 and is familiar with the design of the County’s system; and

 

            WHEREAS, the Island County Jail control room air conditioning unit is a critical component of the required safe operations of the Island County Jail Facility; and

 

             WHEREAS, the purpose of the air conditioning unit is to control the temperature of the inmate monitoring equipment, including the computers and cameras that monitor inmate movements; and

 

            WHEREAS, the failure of the Jail cameras, computers and related control systems places the  Jail personnel at risk and  potential  danger; and 

 

            WHEREAS, the failure of the air conditioning unit is an unforeseen circumstance beyond the control of the county that presents a real, immediate threat to the proper performance of essential county functions unless it is immediately replaced; and

 

            WHEREAS, RCW 39.04.280 permits an exemption to competitive bidding requirements for public works purchases in emergency situations, and ICC 2.30A.040.E provides for emergency purchases or contracts for purchases following adoption of a resolution declaring an emergency by the Board of County Commissioners, 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 contract in the amount of $11,810.00 plus tax for replacement of the Jail control room air conditioning unit with Siemens Building Technologies, Inc. based upon the foregoing factual basis for emergency.

 

            Adopted this 10th  day of February, 2003

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

 

                                                                        Wm. L. McDowell, Chairman

                                                                              William J. Byrd, Member

  Mike Shelton, Member

                                                                       

ATTEST:    Elaine Marlow

                   Clerk of the Board

 

Contract #RM-MAINT-03-0004 -  Siemens Building Technologies, Inc. 

for Jail  Control Room  ACU Replacement

 

Following approval of Resolution #C-09-03, Contract #RM-MAINT-03-0004 with   Siemens Building Technologies, Inc.  for Jail  Control Room  ACU replacement was approved by unanimous motion of the Board, in the amount of $11,810.00 (without sales tax).

 

RESOLUTION #C-10-03 - Island County Support for a TEA-21 Reauthorization Bill High Priority Transportation Project- extend Skagit River Bridges to protect rail and highway transportation corridors during a flood

 

 

In response to a letter dated February 3, 2003, from the  Skagit County Board of Commissioners requesting  support  from the Board of Island County Commissioners for federal transportation  funding to extend the bridges between Mt. Vernon and Burlington for flood protection, the Board by unanimous motion adopted Resolution #C-10-03  Island County Support for a TEA-21 Reauthorization Bill High Priority Transportation Project  to extend Skagit River Bridges to protect rail and highway  transportation corridors during a flood.   

 

BEFORE THE BOARD OF ISLAND COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

 

In the Matter of Island County Support for a            )

TEA-21 Reauthorization Bill High Priority                )

Transportation Project to Extend Skagit River         )     RESOLUTION #C-10-03

Bridges to Protect Rail and Highway                             )

Transportation Corridors During a Flood                    )

______________________________________________)

 

Whereas, the U. S. Army Corps of Engineers, Skagit County, the Washington State Department of Ecology, Burlington Northern Railroad, Cities, Towns, Tribes, and Special Purpose Districts inside and outside of Skagit County have formed a partnership to study feasibility of various flood solutions for the Skagit River Valley; and

 

WHEREAS, the study includes a sophisticated flood model which predicts devastating floods will occur in the Skagit Valley, causing flood damage calculated at an annualized cost of $43 million per year; and

 

WHEREAS, the flood model shows a major cause of random and uncontrolled flooding in the Skagit Valley will be due to the constriction in the river as it passes between Mt. Vernon and Burlington which is also the location of two highway bridges and a railroad bridge (the “three-bridge corridor”); and

 

WHEREAS, these three bridges link both rail and highway transportation systems essential to commerce and emergency response in the region, the state, and internationally; and

 

WHEREAS, economic studies conducted to determine the best infrastructure improvements needed for flood protection in the Skagit Valley show that widening these bridges and setting back their adjacent levees is the most cost effective work that can be performed, protecting $727 million of property and keeping vital transportation routes open; and

 

WHEREAS, it is vitally important to Island County and the region to keep essential rail and highway transportation  infrastructure operating in the event of a flood in the Skagit River Basin; and

 

WHEREAS, preliminary design and environmental studies are already underway for extending the bridges in the three-bridge corridor which will decrease lead time necessary for project construction; and

 

WHEREAS, this year Congress will consider reauthorization of the Six-Year Federal Transportation Act; and

 

WHEREAS, Island  County supports extending the bridges in the three-bridge corridor to keep vital transportation infrastructure open, thereby benefiting the regional and international providing flood protection to the citizens of the Skagit Valley; NOW THEREFORE,

 

BE IT RESOLVED that the Board of Island County Commissioners on behalf of Island County, Washington,  hereby request  that a high priority  project to extend bridges in the three-bridge corridor be included as a line item authorization in the next Federal Transportation Act.

 

APPROVED AND ADOPTED in open public session this   10th day  of February, 2003. 

 

BOARD OF COUNTY COMMISSIONERS

                                                            ISLAND COUNTY, WASHINGTON

 

Wm. L. McDowell,   Chairman

                        William J. Byrd, Member

                                                Mike Shelton,   Member

 

ATTEST:   Elaine Marlow, Clerk of the Board

 

Escrow Agreement for the Coupeville Mental Health Facility

 

As submitted from the Public Works Director, Bill Oakes, the Board by unanimous motion,       

approved and signed Escrow Agreement for J and L Builders, the contractor awarded the bid for the   Coupeville Mental Health Facility, under PWP 03-01, Work Order #204.

 

Petition to  Vacate County Road Right-of-Way BY  Richard & Julie Shallow, et.aL -  portion of Barnum Road

 

By unanimous motion, the Board forwarded to the County Engineer for review and recommendation back to the Board,  a Petition to  Vacate County Road Right-of-Way by  Richard & Julie Shallow, et.al., for a  portion of Barnum Road located in Section 6, Township 31N, Range 3E,  Camano Island.

 

Petition to Vacate County Road Right-of- Way BY Dale Boose,

FOR A  portion of Saratoga Road

 

By unanimous motion,  the Board forwarded to the County Engineer for review and recommendation back to the Board, a Petition to Vacate County Road Right-of- Way  by  Dale Boose, for a  portion of Saratoga Road located in  Section 29, Township 30N., Range 3E.; Whidbey Island.

 

ADOPT A ROAD LITTER CONTROL PROGRAM  AGREEMENTS

 

By unanimous motion, the Board approved the renewal of  Adopt-A-Road Litter Control Program Agreements with: 

 

·         Ace/Duce Association, Naval Hospital,  NAS Whidbey for  Heller Road from Clover Valley Road to Crosby Road

 

·         The Coupeville Examiner, from  Madrona Way from Good Beach to Coupeville Town limits (between Sherman Road and Vine Street).

 

HEARING HELD: Franchise #103 – Sewer and stormwater distribution system, Peter M. Morton,  Plat of Saratoga

 

A Public Hearing was held at 10:20 a.m. as advertised, for the purpose of considering new Franchise application #103 for sewer and stormwater distribution system by  Peter M. Morton in the  Plat of Saratoga, Sec. 19, Twp 30N., Rge 3E., South Whidbey.    Mr. Oakes reported in favor of approving the Franchise  based on staff review as reported in the County Engineer’s letter of January 13, 2003. 

 

Peter M.  Morton, applicant, explained that in  order to  most responsively handle storm water on his site he  arranged for an easement to pump the water off site and eliminate any hydraulic  load to the hillside above Bell’s Beach.  In order to do that, it was necessary to run the  water drain pipe in County right of way.   He already  had an easement to run the septic system in County right of way through another easement obtained when he purchased the property because the property did not perc.  With that amount of utility work, the  County Engineer determined a franchise was required.

 

No one else commented for or against approval of the franchise.

 

By unanimous motion, the Board approved Franchise application #103 for sewer and stormwater distribution system by  Peter M. Morton in the  Plat of Saratoga, Sec. 19, Twp 30N., Rge 3E., South Whidbey. 

 

Resolution #C-11-03/PLG-002-03    repealing Chapter 3.12, Petty Cash Fund, and Chapter 3.16, Planning Commission and Building Department Trust Fund, Island County Code (ICC)

 

As prepared and forwarded by Phil Bakke, Planning & Community Development Director, the Board by unanimous motion approved Resolution #C-11-03/PLG-002-03  In the matter of repealing Chapter 3.12, Petty Cash Fund, and Chapter 3.16, Planning Commission and Building Department Trust Fund, Island County Code (ICC).

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

IN THE MATTER OF REPEALING CHAPTER 3.12, PETTY CASH FUND, AND CHAPTER 3.16, PLANNING COMMISSION AND BUILDING DEPARTMENT TRUST FUND, ISLAND COUNTY CODE (ICC)

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RESOLUTION C- 11-03

PLG-002-03

 

 

WHEREAS, Chapter 3.12 Petty Cash Fund Established, ICC was established by Resolution 540 on April 29, 1973; and

 

WHEREAS, Chapter 3.16 Planning Commission and Building Department Trust Fund, ICC was established by Resolution 531 on March 18, 1968; and

 

 

WHEREAS, neither Chapter nor the provision for which they were established are currently in use by the respective Planning Commission or Building Department; and

 

WHEREAS, funds for Planning Commission and Building Department expenses and refunds are taken from the account designated for the Planning and Community Development Department; and

 

WHEREAS, the County desires to delete the chapters from the official Island County Code book;  NOW, THEREFORE,

 

IT IS HEREBY RESOLVED that Resolution 540, April 29, 1973 and Resolution 531, March 18, 1968, Chapter 3.12 ICC and Chapter 3.16 ICC, are repealed.

 

ADOPTED this 10 day of February, 2003.

 

                                                            BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

 

                                                Wm. L. McDowell, Chairman

                                                William J. Byrd, Member

                                                                        Mike Shelton, Member

ATTEST:  Elaine Marlow

Clerk of the Board

 

APPROVED AS TO FORM:           

David L. Jamieson, Jr.                                      

Deputy Prosecuting Attorney

& Island County Code Reviser

 

EXECUTIVE SESSION

 

Chairman McDowell recessed the Board of Island County Commissioners Meeting at  10:35 a.m., announcing that the Board would reconvene at 2:30 p.m. in Executive Session.

 

The Board reconvened at 2:30 p.m. as planned to meet in Executive Session as  allowed under RCW 42.30.110 (1) (g) to evaluate qualifications of applicants for public employment,  in  the Office of the Island County  Commissioners, Courthouse Administration Building, 1 N. E. 7th Street, Coupeville, Wa.  The Chairman anticipated that the session would last  several hours and that an announcement  would be made in  open public session on conclusion of the session, at that location.

 

FACILITIES MAINTENANCE DIRECTOR SELECTED

 

On conclusion of the Executive Session, the Board reconvened to announce the candidate selected for the position of Facility Maintenance Director was  Dan Sherk, effective upon acceptance of the position.

 

There being no further business to come before the Board at this  time, the meeting adjourned at 4:30 p.m.   The next regular meeting of the Board will be on February 24, 2003, beginning at 11:30 a.m. with an Elected officials Roundtable, and regular agenda items beginning at 1:30 p.m.

 

                                                            BOARD OF COUNTY COMMISSIONERS

                                                                        ISLAND COUNTY, WASHINGTON

 

 

                                                                                    ______________________________

                                                                                    Wm. L. McDowell,   Chairman

 

                                                                                                                                                                                                                                                _____________________________

                                                            William J. Byrd, Member

 

 

                                                                        _____________________________

                                                                        Mike Shelton,   Member

 

 

ATTEST: 

 

 

__________________­­­­­___________

Elaine Marlow, Clerk of the Board