ISLAND COUNTY COMMISSIONERS - MINUTES OF
MEETING
REGULAR SESSION -
MARCH 10, 2003
`
The Board of Island County Commissioners, and Diking Improvement District #4, met in Regular Session on March 10, 2003 at 9:30 a.m. in the Law & Justice Facility, Courtroom 3, 101 N.E. 6th Street, Coupeville, Wa. William J. Byrd, Member, and Mike Shelton, Member, were present; Wm. L. McDowell, Chairman, absent. By unanimous motion, the Board approved the minutes from the meeting of March 3, 2003.
VOUCHERS AND PAYMENT OF
BILLS
The following vouchers/warrants were approved for
payment by unanimous motion of the Board:
Voucher (War.) # 160623-160889 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .. . . . $713,481.37.
Veterans Assistance Fund: [emergency
financial assistance to certain eligible
veterans; the names and specific circumstances are maintained
confidential]. As recommended by the Veterans Assistance
Review Committee, the Board by
unanimous motion approved Claim V3-3 in the amount of $878.72.
Resolution
#C-22-03 Appointing a Security Officer
in Order to Comply with the Health
Insurance Portability and Accountability Act known as “HIPAA”
On unanimous motion, the Board approved Resolution #C-22-03 Appointing a Security Officer in Order to
Comply with the Health Insurance
Portability and Accountability Act known as “HIPAA” .
IN THE MATTER OF APPOINTING A
SECURITY OFFICER )
IN ORDER TO COMPLY WITH THE HEALTH
INSURANCE ) RESOLUTION
PORTABILITY AND ACCOUNTABILITY ACT KNOWN
AS “HIPAA” ) C-22-03
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
to provide for improved efficiency and effectiveness of the health care system
by standardizing the format, content, and data elements in electronic health
care transactions; streamlining processes and lowering overall administrative
costs of health care in the United States; and providing for control over the
disclosure of health care information that identifies an individual; and
WHEREAS,
an Island County HIPAA Steering Committee was established by Resolution
C-101-02 on November 25, 2002 to
investigate the requirements of compliance and to make recommendations to the
Board of Island County Commissioners on how Island County may comply with
HIPAA; and
WHEREAS, the HIPAA
Steering Committee has recommended that a single Security Officer be appointed
to establish policy and procedure governing the security of electronic records,
systems and transmissions, as well as the retrievability and preservation of
such records for the duration of their legally required lifespan; and
WHEREAS,
the role of Security Officer is described in the attached description of
duties, and involves some activities that are designated by Washington State
Law (RCW 36.92.080) to be performed exclusively by the
Island County Central Services Department, and others that require cooperation
with HIPAA covered functions, the Island County Health Department as a health
care provider and the Island County Health Care Flexible Benefits Program which
is administered jointly by the Human Services Department and the Auditor’s
Office, and
WHEREAS, the Security
Officer will, by necessity, require the input and cooperation of the HIPAA
covered functions to fully effect the duties assigned, and will take the lead
role and bear responsibility for security compliance under HIPAA, and
WHEREAS,
such appointment must be made by the HIPAA compliance deadline of April 14,
2003, while the HIPAA security compliance deadline was extended by confirmed
application to the U.S. Department of Health and Human Services to October 16,
2003; NOW, THEREFORE,
BE IT HEREBY RESOLVED that the Director of the Island County Central
Service Department is appointed as the Security Officer for Island County’s
HIPAA Compliance.
ADOPTED this 10 day of March, 2003
Board of County Commissioners
Island County, Washington
[absent – Wm. L. McDowell, Chairman]
William J.
Byrd, Member
Attest: Mike Shelton,
Member
Elaine
Marlow, Clerk of the Board
[attachment on
file with the Clerk of the Board
Resolution
#C-23 -03 Appointing Privacy Officials
in order to comply with the Health Insurance Portability and
Accountability Act
On unanimous motion, the Board approved Resolution #C-23-03 Appointing Privacy Officials in order to comply with the
Health Insurance Portability and
Accountability Act [HIPAA].
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF APPOINTING PRIVACY
)
OFFICIALS IN ORDER TO COMPLY WITH )
THE HEALTH INSURANCE PORTABILITY ) RESOLUTION No. C-23-03
AND ACCOUNTABILITY ACT )
__________________________________________)
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
to provide for improved efficiency and effectiveness of the health care system
by standardizing the format, content, and data elements in electronic health
care transactions; streamlining processes and lowering overall administrative
costs of health care in the United States; and providing for control over the
disclosure of health care information that identifies an individual; and
WHEREAS, an Island County HIPAA Steering Committee was
established by Resolution C-101-02 on November 25, 2002 to investigate the
requirements of compliance and to make recommendations to the Board of Island
County Commissioners on how Island County may comply with HIPAA; and
WHEREAS,
HIPAA requires that a HIPAA privacy official, as well as a contact official to
receive complaints and provide additional information, be designated to be
responsible for the development and implementation of the privacy policies and
procedures, training and record keeping; and
WHEREAS,
the HIPAA Steering Committee has recommended that the HIPAA privacy/contact
official for the covered function of the Island County Health Department be the
Island County Health Services Director and that the HIPAA privacy/contact
official for the covered function of the Island County Health Care Flexible
Benefits Plan be the Island County Human Resources Director; NOW,
THEREFORE,
BE IT
HEREBY RESOLVED that the Island County Health Director is appointed as
the HIPAA privacy/contact official for the Island County Health Department
health care provider services and that the Island County Human Resources
Director is appointed as the HIPAA privacy/contact official for the Island
County Health Care Flexible Benefits Plan.
Each official is separately responsible for the development and
implementation of the HIPAA privacy policies and procedures within each
program, receipt and handling of complaints and requests for additional
information, training and keeping of records under HIPAA.
DATED
this 10 day of March, 2003.
BOARD OF
COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
[absent - Wm. L.
McDowell, Chairman]
William
J. Byrd, Member
Mike
Shelton, Member
ATTEST:
Elaine
Marlow
Clerk
of the Board
Resolution
#C 24-03 Declaring Island County a
Hybrid Agency Under the Health Insurance Portability And Accountability Act
On
unanimous motion, the Board approved Resolution #C-24-03 Declaring Island County a Hybrid Agency
Under the Health Insurance Portability And Accountability Act [HIPAA].
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF DECLARING ISLAND
COUNTY A HYBRID AGENCY UNDER THE
HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT RESOLUTION C-24-03
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 to provide for improved efficiency and
effectiveness of the health care system by standardizing the format, content, and
data elements in electronic health care transactions; streamlining processes
and lowering overall administrative costs of health care in the United States;
and providing for control over the disclosure of health care information that
identifies an individual; and
WHEREAS,
an Island County HIPAA Steering Committee was established by Resolution
C-101-02 on November 25, 2002 to investigate the requirements of compliance and
to make recommendations to the Board of Island County Commissioners on how Island
County may comply with HIPAA; and
WHEREAS,
the HIPAA Steering Committee has determined that Island County is a “hybrid
agency” as described in HIPAA, a single legal entity whose business activities
include both HIPAA covered and non-covered functions; and
WHEREAS,
after review of the functions in county offices by the HIPAA Steering
Committee, it has been determined that the Island County health care
components covered under HIPAA that
need to comply with it are two (2) in number:
1.
The Island County Health
Department as a health care provider either through direct services provided by
employees or through third-party contractors; and
2.
The Island County Health
Care Flexible Benefits Plan for Island County employees (Under Section 125 of
the Internal Revenue Code) which is a “small health plan” covered by
HIPAA; NOW, THEREFORE,
The Board of County Commissioners of Island County
declares that Island County is a “hybrid agency” under HIPAA, with the two
covered health care components as identified above.
DATED this 10
day of March, 2003.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
[absent - Wm. L.
McDowell, Chairman]
William
J. Byrd, Member
Mike
Shelton, Member
ATTEST:
Elaine
Marlow
Clerk
of the Board
Letter of Intent-Accept
Transfer of CARP LAKE Property to Island County Under the Trust Land Transfer
Program
By unanimous motion the Board approved and
authorized signature on a Letter of Intent to accept transfer of the Carp Lake Property located on Camano
Island, to Island County under the Trust Land Transfer Program. Island County has been identified as a
potential recipient under the Trust Land Transfer Program appropriation for the
fiscal period 2001-2003. The property
to be transferred is currently owned by the State of Washington acting by and
through the Department of Natural Resources.
The project has been tentatively scheduled for consideration at the June 3, 2003 Board of Natural Resources meeting.
Letter of
Intent to Accept Transfer of Goss lake Property
to Island County Under the Trust Land
By unanimous motion, the Board approved and authorized signature on a Letter of Intent to accept the transfer of property to Island County under the Trust Land Transfer Program for Goss Lake Property located on Whidbey Island. Island County has been identified as a potential recipient under the Trust Land Transfer Program appropriation for the fiscal period 2001-2003. The property to be transferred is currently owned by the State of Washington acting by and through the Department of Natural Resources. The project has been tentatively scheduled for consideration at the June 3, 2003 Board of Natural Resources meeting.
Hiring
Requests & Personnel Actions
As presented by Dick Toft, Human Resource Director,
the Board by unanimous motion approved the following personnel action
authorizations:
Dept.
PAA # Description /Position #
Action Eff.
Date
Central Services 028/03 Programmer/Analyst
Temp 711.01 New Position/temp to
12/31/02 3/10/03
Assessor 029/03 Appraiser (3) 106.06 New Position/personnel action 3/15/03
Public Works 030/03 Facilities
Constr. Insp. 900.01 New
Position/temp/part time 3/10/03
Auditor Angela
McDowell 5
Clerk Mary
Kaye Weller 5
Shannon McDonnell was selected as Employee of the Month for
February. Shannon has been with the County as a Public Health Nurse for
the past five years during which time she has been responsible for instituting
numerous new programs.
By unanimous motion the Board appointed Marvin
“Pete” Adkins, Camano Island, to the Law &
Justice Council of Island County, representing Commissioner
District #3, term expiring February
28, 2005.
Resolution #C-25-03 Reauthorizing And Increasing
Certain Petty Cash, Change, And Revolving Funds
By unanimous motion the Board approved Resolution
#C-25-03 Reauthorizing and increasing certain Petty Cash, Change and Revolving
Funds [outlined in Exhibit A].
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN
THE MATTER OF AUTHORIZING AND RESOLUTION
C-25-03
INCREASING
CERTAIN PETTY CASH, CHANGE,
AND
REVOLVING FUNDS WITHIN ISLAND COUNTY
WHEREAS, the Island County Board of County
Commissioners has, by resolutions duly adopted, established petty cash funds,
change funds, and revolving funds for Funds and Departments under its
jurisdiction over a period of many years, and
WHEREAS, the adoption of C- 114 - 01 by the Board of
Commissioners on Aug 27, 2001 established Policies and Procedures with respect
to Petty Cash Funds, and
WHEREAS, the Island County Auditor’s Office has
reviewed the Change Fund as shown on Exhibit A and recommends each fund be
authorized as shown, NOW THEREFORE
BE IT HEREBY RESOLVED, that the
fund shown on Exhibit A be authorized as shown.
ADOPTED this 10
day of March, 2003.
Board of County Commissioners
Island
County Washington
[absent
- Wm. L. McDowell, Chairman]
William J. Byrd, Member
Mike
Shelton, Member
ATTEST:
Elaine
Marlow, Clerk of the Board [Exhibit A on file with the Clerk of the
Board]
Public Input or Comments
Dominique Emerson, President, Whidbey Animals’ Improvement Foundation (WAIF), who has contracted with the County for the animal shelter contract since 1997, pointed out that County support of the shelter allows for maintenance of dogs for a 5-day period as required by Island County Ordinance and WAIF assumes ownership and care for dogs beyond the 5-day period. WAIF owns and provides all care relating to cats. The adoption rate for WAIF animals is over 90%. She submitted to the Commissioners the WAIF Annual Report 2002, highlighting some of the following statistics [full copy on file with the Clerk of the Board] :
§
In 2002, WAIF took in :
464 dogs and 47 puppies ; 310 cats and 218 kittens
§
WAIF fosters out animals that are injured or very young;
§
WAIF spays and neuters
feral cats brought in and returns them
to the wild;
§
WAIF sponsors PAL coupons [Prevent-A-Litter] to help pay some
of the cost of spay/neuter surgeries for owners who require financial
assistance;
§
Provides one time per year, family assistance with
expenses of some veterinary costs to needy pet owners;
§
Works with CADA to
provide housing for dogs and cats up to
2 weeks until the pets can be placed in
foster home or go back to their families;
§
WAIF outfitted a van as a mobile cat adoption making trips to
various locations on South Whidbey, and WAIF also operates a cat adoption center in Oak Harbor;
§
Publishes a newsletter three times a year;
§
WAIF operates a thrift
center in Oak Harbor and on South Whidbey, providing visibility and vital
funding for WAIF operations; the thrift stores are highly successful.
On behalf of Island County, the Commissioners expressed appreciation to WAIF for all of the wonderful service provided for the people of the County and the pets of Island County. They acknowledged there would be no way that local government could come anywhere close to what WAIF does, and very much valued the relationship between Island County and WAIF. WAIF takes a potentially huge problem and turns it into asset, a win-win situation for everyone.
By unanimous motion, as recommended by Bill Oakes, Public Works Director, the Board approved
the renewal of two Adopt-A-Road Litter Control Program Agreements: :
§
Swantown Neighbors,
Swantown Road from West Beach Road/Crosby Road to Wieldraayer Road
§
Whidbey Audubon Society;
West Beach Road from its intersection with Hastie Lake Road; one mile north and
one mile south from intersection point.
Bid Award FOR Camano Island Pavement Repair
By
unanimous motion the Board awarded bid for Camano Island Pavement Repair under Work Order #171, to Rinker Materials West,
the low bidder, in the amount of $70,104.00.
Certification
of Road Fund Expenditures for Fish Passage Barrier Removal for
2002–Certification for County Road Administration Board
The Board, on unanimous motion, approved Certification of Road Fund Expenditures for
Fish Passage Barrier Removal for 2002,
Certification for County Road Administration Board, as prepared and
presented by Mr. Oakes, certifying there were no expenditures for fish passage barrier removal outside County right-of-way for budget year 2002.
Resolution
#C-26 -03/R-06-03 – APPROVING Specifications
& AuthorizING
Call for
Bids for One 2003 Brush Chipper
The Board, by unanimous motion, approved Resolution #C-26-03/R-06-03 in the matter of approving
Specifications and Authorizing Call for Bids for One (1) 2003 Brush Chipper.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
IN THE MATTER
OF APPROVING }
SPECIFICATIONS
& AUTHORIZING } RESOLUTION #C-26-03
CALL FOR BIDS
FOR: }
WHEREAS, sufficient
funds are available in the ROAD/E.R.& R. FUND for the purchase of:
One (1) or More New
2003 Brush Chipper
NOW, THEREFORE, BE IT HEREBY RESOLVED that Attachment A,
Specifications, is approved as written, and the County Engineer is authorized
and directed to call for bids for furnishing Island County with said supplies; BID OPENING to be the 8th day of April,
2003 at 10:15 a.m., in Meeting Room #131, Law & Justice Building, located
at 101 N.E. 6th Street, Coupeville, Washington.
ADOPTED this
10 day of March, 2003.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
[absent -
William L. McDowell, Chairman]
William
J. Byrd, Member
Mike Shelton, Member
ATTEST:
Elaine Marlow, Clerk of the
Board
[Attachment A on file
with the Clerk of the Board]
Resolution
#C-27--03/R-07-03 – ApprovING
Specifications & AUTHORIZING
Call for Bids for Two 2003 Dump Truck
Cab & Chassis without Hoist/Dump Box
By unanimous motion, the Board approved Resolution
#C-27--03/R-07-03 in the matter of approving
Specifications and Authorizing
Call for Bids for Two (2) 2003 Dump Truck Cab & Chassis without
Hoist & Dump Box.
BEFORE THE BOARD OF COUNTY
COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF APPROVING }
SPECIFICATIONS & AUTHORIZING } RESOLUTION #C-27-03
CALL FOR BIDS FOR: Two
(2) New 2003 }
WHEREAS, sufficient funds are available
in the ROAD/E.R.& R. FUND for the purchase of:
Two (2) or More New 2003
Dump Truck Cab & Chassis
3-Axle, Set-Back Front
Axles; Without Hoist & Dump Box
Dump Boxes will be
purchased off State Contract
NOW, THEREFORE, BE IT HEREBY RESOLVED that Attachment A,
Specifications, is approved as written, and the County Engineer is authorized
and directed to call for bids for furnishing Island County with said supplies; BID OPENING to be the 8th day of April,
2003 at 10:00 a.m., in Meeting Room #131, Law & Justice Building, located
at 101 N.E. 6th Street, Coupeville, Washington.
ADOPTED this
10 day of March, 2003.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
[absent -
William L. McDowell, Chairman]
William
J. Byrd, Member
Mike Shelton, Member
ATTEST:
Elaine Marlow, Clerk of the
Board
[Attachment A on
file with the Clerk of the Board ]
Local Agency
Agreement Supplement # 1 – Washington State Department of Transportation -
Madrona Way Reconstruction
The Board by unanimous motion approved for
signature, once final figures are
confirmed by Washington State Department of Transportation, the Local Agency Agreement Supplement #1 between Washington State Department of
Transportation and Island County, for
Madrona Way Reconstruction under CRP
02-11, Work Order #35
[RM-PW0320-35].
Hearing
Held: Franchise #7R Renewal OF
existing water distribution system; Holmes Harbor Water Co., Inc.,
Holmes Harbor Estates, Div. #1
At 10:20 a.m. as advertised the Board held a public
hearing to consider renewing Franchise
#7R, an existing water distribution
system submitted by Holmes Harbor Water Co., Inc., located in the Plat of Holmes Harbor Estates, Division #1, situated in
Section 4, Township 30N., Range 2E, W.M., Island County, Wa.
Bill Oakes reported in favor of said franchise
renewal as outlined in recommendation from the Island County Engineer in memorandum dated February 10, 2003.
At the time of public hearing no one in the audience indicated a desire to speak
either for or against the franchise renewal.
By unanimous motion, the Board approved franchise
renewal Franchise #7R for an existing water distribution system
submitted by Holmes Harbor Water Co., Inc., located in the Plat of Holmes Harbor Estates, Division #1, situated in
Section 4, Township 30N., Range 2E, W.M., Island County, Wa.
Petition
to Vacate portion of County Road right-of-way
located in the
Plat of Bush Point - road end
By unanimous motion, the Board referred to the
County Engineer for review and
recommendation, a Petition to vacate a portion of County Road right-of-way
located in the Plat of Bush Point, a
road end extending from Spyglass Drive Northwesterly between the South line
of Block 4 and the East line of Block
5, Lot 1 in the Plat of Bush Point,
submitted by the Island County Parks Department on request of the Port
District of South Whidbey
There being no further business to come before the Board, meeting
adjourned at 10:25 a.m.
The next meeting will be held on March 17, 2003 beginning at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
ISLAND COUNTY, WASHINGTON
[absent-Wm. L. McDowell,
Chairman]
_____________________________
William J. Byrd, Member
_____________________________
Mike Shelton, Member
ATTEST:
____________________________
Elaine Marlow, Clerk of the Board