BOARD OF
ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING APRIL 21, 2003
The Board of Island County Commissioners (including
Diking Improvement District #4) met in Regular Session on April 21, 2003 beginning 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. The meeting
began with the Pledge of Allegiance. By
unanimous motion the Board approved the minutes from the April 14, 2003 meeting.
VOUCHERS
AND PAYMENT OF BILLS
The following vouchers/warrants were approved for
payment by unanimous motion of the Board, along with approval of the April 15,
2003 payroll for the pay period covering March
16 through 31, 2003: Voucher (War.) #163790-163916 …………………………………………$159,554.21.
Hiring Requests & Personnel Actions
As presented by Dick Toft, Human Resources Director,
Director, the Board by unanimous motion,
approved the following personnel action authorizations:
Dept. PAA # Description/Position # Action Eff. Date
Treasurer 039/03
Chief Dpt Treas./Acct Mgr. #2110
Replacement 5/1/03
Treasurer 045/03
Deputy Treasurer .4 fte
#2103 Personnel 4/21/03
Sheriff 044/03 Deputized Officer #2014.20 Replacement 6/16/03
Special Occasion Liquor License-South Whidbey Shrine
Club
Having received recommendations of approval from the
Sheriff and Health Department, the Board by unanimous motion approved Special Occasion Liquor License #071076 by South
Whidbey Shrine Club for July 19, 2003, 8:00 p.m. to 10:00 p.m. at the South
Whidbey Masonic Center, 2812 E. Grimm Road, Langley.
Contract
#E03-079 Between Washington State Military
Department
and Island County
As presented and explained by Betty Kemp, Director,
GSA, previously discussed at staff session, the Board by unanimous motion
approved Contract #E03-079 between Washington State Military Department and
Island County in the amount of $3,000 [RM-GSA-03-0019] regarding Hazardous Material Emergency Plan.
Resolution
#C-40-03 TEMPORARY CLOSURE-Maple Grove
Boat Ramp
GSA Director Kemp presented a proposed resolution
which if adopted would authorize temporary closure of Maple Grove Boat Ramp, Camano Island. She explained the request and answered questions
from the Board. Public Works Department
contract
construction work begins soon on Maple Grove Road and the road will be
closed to public travel beginning May
19 when the contractor begins construction.
The County Engineer has
indicated that the contractor will use
the parking lot for the boat ramp for a construction phasing and material
stockpiling which will severely
restrict access to the boat ramp. It is
a safety issue and more a matter
related to the boat trailers and parking than the actual boat ramp itself.
By unanimous motion, the Board
adopted Resolution #C-40-03 authorizing temporary closure of Maple Grove
Boat Ramp.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF TEMPORARY )
CLOSURE OF THE MAPLE GROVE ) RESOLUTION NO. C-40-03
BOAT RAMP ON CAMANO )
ISLAND LOCATED
IN SEC. 23 )
TWP. 32N., RGE.
2E., W.M. )
WHEREAS, RCW 47.48.010 authorizes local governments to restrict
vehicular traffic whenever the condition of such road is dangerous to the
traveling public; and
WHEREAS, CRP 00-02(A) has been approved and an advertisement is
being published for a contract to construct improvements including segments of
road reconstruction along Maple Grove Road and Boat Ramp Road; and
WHEREAS, the road reconstruction requires the closure of Maple
Grove Road reconstruction project area from May 19, 2003, through July 3, 2003,
and weekdays from July 7, 2003, through August 1, 2003; and
WHEREAS, a like notice of such closure shall be posted in a
conspicuous place at each end of the portion of Maple Grove Road to be
temporarily closed; and
WHEREAS, the closure of County roads for safety reasons is a
function of police power properly exerciseable by the Board of County
Commissioners; and
WHEREAS, Resolution C-34-03 signed on April 7, 2003 authorized
closure of subject road; and
WHEREAS, safety reasons and proximity to the construction area also
dictate the necessity to close the Maple Grove Boat Ramp for the same period;
NOW, THEREFORE,
BE IT HEREBY RESOLVED by the Board of Island County Commissioners
that the Maple Grove Boat Ramp shall be closed for the period stated above.
ADOPTED this 21 day of April,
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
Resolution
#C-41-03/R-15-03 Approving Plans &
Specifications and Authorizing Call for Bids for North Camano Drive & Arrowhead Road Intersection Improvements,
CRP 02-02
Resolution
#C-41-03/R-15-03 In the matter of Approving Plans & Specifications and
Authorizing Call for Bids for North Camano Drive and Arrowhead Road
Intersection Improvements, CRP 02-02, Work Order 172 was approved by unanimous motion of the Board as presented by
Bill Oakes, Public Works Director.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN
THE MATTER OF APPROVING PLANS &)
SPECIFICATIONS
AND AUTHORIZING ) RESOLUTION
NO. C-41-03
CALL
FOR BIDS FOR NORTH CAMANO DR) R-15-03
AND
ARROWHEAD RD. INTERSECTION )
IMPROVEMENTS,
CRP 02-02, WO NO. 172 )
WHEREAS, sufficient funds are
available in the Island County Road Fund for construction of North Camano Drive
and Arrowhead Road intersection improvements, NOW THEREFORE,
BE IT HEREBY RESOLVED that the
Plans and Specifications are approved and the County Engineer is authorized and
directed to call for bids for furnishing said construction. Bid
Opening is to be the 15th day of May, 2003 at 12:00 P.M. in Room
101, County Administration Building, 1 NE 7th Street, Coupeville,
Washington.
APPROVED this 21st
day of April, 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/Contract
Bond/Retainage Bond – 2003 Camano Island
Pavement
Repairs - Rinker Materials West
LLC
By unanimous motion, in accordance with award of bid
at a previous meeting, the Board approved and signed the Contract, Contract
Bond and Retainage Bond for the 2003 Camano Island pavement repairs, under Work Order 171, with Rinker Materials West LLC dba Rinker Materials, in the
amount of $70,104.
Resolution
#C-42-03/SW-01-03 – Authorizing Procurement of General Services for recycle
services for Whidbey Island
By
unanimous motion the Board approved
Resolution #C-42-03/SW-01-03 In the Matter of Authorizing Procurement of
General Services for recycle services including transportation and processing
of recyclables collected at county-owned
recycle stations and recycle parks on
Whidbey Island; public schools on Whidbey Island and Island County
offices on Whidbey Island.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
PROCUREMENT
OF GENERAL SERVICES }
RESOLUTION NO. C - 42 - 03
Recycle
Services: Transportation and } RESOLUTION NO. SW - 01 - 03
processing
of recyclables collected at }
county-owned
recycle stations and recycle }
parks
on Whidbey Island, public Schools }
on
Whidbey Island, and Island County }
offices
on Whidbey Island. }
WHEREAS, recycling is a priority above waste disposal in the
approved Island County Comprehensive Solid Waste Management Plan, and
WHEREAS, recycle opportunities are required at conveniently
locations per RCW 70.95.090(7)(b)(i), and
WHEREAS, funds are available in the Solid Waste FUND for the
transportation and processing of recyclables collected at Island County Solid
Waste facilities, and
WHEREAS, the current contract for said services expires June
30th, 2003,
_____________________________________________________________________
NOW THEREFORE, BE IT HEREBY RESOLVED that the attached Terms & Conditions and Scope of
Work is approved as written and that Director of Public Works and/or the Solid
Waste Manager is authorized and directed to solicit competitive proposals to
provide Island County with said services.
ADOPTED this
21 day of April, 2003
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm. L. McDowell, Chair
William J. Byrd, Member
Mike
Shelton, Member
ATTEST:
Elaine
Marlow, Clerk of the Board
PUBLIC
HEARING HELD – FRANCHISE RENEWALS
A Public Hearing was held at 10:20 a.m. for the
purpose of considering two franchise renewals:
Franchise #102(R) renewal of existing water distribution
system by Driftwood Heights Association, Plat of Driftwood Heights Divisions 1, 2, 3 and 4, Sections 7/18, Twp
31N., R 3E., Camano Island;
Franchise #110(R)
renewal of existing water distribution system by Sunny Hill Water Co., Inc., Plat of Sunny
Hill, Division #1, Sec. 35, Twp 32N., R 2E, Camano Island.
Mr. Oakes
reported in favor of the Board’s approval of both franchise renewals. All
departments requested to comment responded with no objection to either
proposal, and the Prosecuting
Attorney’s office reviewed and approved the documents as to form, and documents were also reviewed
and approved by Risk Management. Staff
review was provided in letters dated
March 24 and March 25 to the Board from the County Engineer.
At the time of hearing, no one in the audience spoke
either for or against either franchise renewal.
The Board by unanimous motion approved Franchise
#102(R) renewal of existing water
distribution system by Driftwood Heights Association in the Plat of Driftwood
Heights Divisions 1, 2, 3 and 4, Secs 7/18, Twp 31N., R 3E., Camano Island
and Franchise #110(R) renewal of
existing water distribution system by Sunny Hill Water Co., Inc., in the
Plat of Sunny Hill, Division #1, Sec.
35, Twp 32N., R 2E, Camano Island.
PUBLIC
HEARING HELD: Application to open Unopened County Right-of-Way - access road
parallel and adjacent to Cornet Bay Road, Plat of Charlesworth View
Tracts.
A Public Hearing was held at 10:25 a.m. to
consider Application to open unopened
County right-of-way, an access road
running parallel and adjacent to Cornet
Bay Road in the Plat of Charlesworth
View Tracts, Sec. 36, Twp 34N., R 1E, North Whidbey Island. Applicant desires to build an access road
for a driveway on County right-of-way. Mr. Oakes confirmed staff recommendation
of approval, noting permit conditions for working in the County R/W that
would be attached to permit approval.
At
the time of hearing Bert Yosting, property owner along the road, indicated he
did not object to the proposed
application, but had some questions
about process, who would build the road and would the applicant or county pay
for same.
Mr. Oakes confirmed it is at the applicant’s
expense; standards are identified that
the applicant must adhere to in order to open the road, and includes that the roadway be constructed
to a width of 14 feet; roadway to be graded, sloped and crowned assure proper
drainage and has to be inspected and approved by the County.
By unanimous motion, the Board approved Application to open unopened County
right-of-way, an access road
running parallel and adjacent to Cornet
Bay Road in the Plat of Charlesworth
View Tracts, Sec. 36, Twp 34N., R 1E, North Whidbey Island.
Appeal
046/03 Jane Seymour - Written Decision - Appeal of Hearing Examiner Decision on
PLA 025/98 Bonaci Type III Decision
On March 24, 2003 the Board held a closed
record appeal on Appeal #046/03 by Jane
Seymour, appealing the Hearing Examiner’s decision on PLA 025/98 by Paul,
Gordon, Alan and Robert Bonaci; the vote
of individual Commissioners with a brief statement from each as to the basis for the decision was
given on April 14, 2003.
Phil Bakke, Director, Planning and Community Development, and Jeff Tate, Assistant Director, Planning and community Development, were present, and following the Board’s direction last week, Mr. Tate prepared and presented for the Board’s signature today File No. APP 046/03, Appeal Decision, in the matter of an Appeal of the Island County Hearing Examiner’s Decision in PLA 025/98, Bonaci.
Commissioner Shelton moved that the Board approve and sign the Appeal Decision in the matter of an Appeal of the Island County Hearing Examiner’s Decision in PLA 025/98, Bonaci, as presented. Motion, seconded by Commissioner Byrd, carried unanimously.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF AN )
APPEAL OF THE
ISLAND ) FILE NO. APP
046/03
COUNTY HEARING ) APPEAL DECISION
EXAMINER’S DECISION IN )
PLA 025/98, BONACI )
On February 24, 1998 Island County Planning and
Community Development accepted Plat Alteration (PLA) 025/98 which proposes
alteration of the property lines of five platted parcels in the subdivision of
Saratoga Beach Division #1 and one contiguous unplatted parcel. As a result of the plat alteration, portions
of the unplatted parcel would be combined with Lots 10 – 14 of Saratoga Beach
Division #1 thereby eliminating the unplatted parcel altogether. This action would cause the outer plat
boundary of Saratoga Beach Division #1 to expand, thereby adding land area to
the plat, however, the overall number of residential lots would remain the
same.
When Saratoga Beach Division #1 was approved a number
of easements were established for the purposes of accommodating roads, access
and utilities that would serve all of the parcels in the plat. In conjunction with the movement of the
parcel boundaries a number of those easements would also have to be modified in
order to ensure that each of the resulting parcels would continue to have
adequate vehicular access and dedicated areas for the placement of utility
lines.
Greg Seymour, Christi Seymour, Brenda Seymour, Haley
Seymour and the Seymour Family Trust, through their attorney Jane Seymour
objected to the approval of the Bonaci plat alteration before the Island County
Hearing Examiner. On January 24, 2003,
after considering the record before him, evidence presented at the public
hearing of September 19, 2002, November 21, 2002 and January 16, 2003, the
Hearing Examiner granted approval of the Bonaci plat alteration with
conditions. On February 7, 2003 Jane
Seymour, on behalf of the above mentioned objectors, appealed the Hearing
Examiner’s decision to the Board of Island County Commissioners.
The parties to the appeal are: (1) the landowners and
applicants for the plat alteration, Gordon Bonaci, Paul Bonaci, Alan Bonaci and
Robert Bonaci, 5025 25th Ave. N.E. #106, Seattle, WA 98105, and (2)
Jane Seymour et al, P.O. Box 1240, Freeland, WA 98249.
As the appellant, Jane Seymour et al, has the burden
of establishing that the Hearing Examiner’s decision was not supported by
substantial evidence or that he made an error of law.
On March 24, 2003 the Board of Island County
Commissioners conducted a closed record review of the Hearing Examiner’s
record, including a review of the eight items raised in Jane Seymour’s basis of
appeal. Arguments were presented from
both parties as well as Planning and Community Development staff. The record of this appeal includes the entire
record that was before the Hearing Examiner including the materials and
information in the application file, the Island County staff report, the
Hearing Examiner’s decision, applicable state and local law, the appellant’s
notice, and the parties’ statements of the appeal.
Having reviewed the record
and independently reviewed applicable laws and ordinances and having heard
arguments from all parties, the Board of Island County Commissioners finds that
Jane Seymour, et al did not establish grounds for reversing the Hearing
Examiner’s decision. The following
findings and conclusions address each of the items raised in the appellants
basis of appeal:
1.
Kevin
Court, the short, 60 foot wide, loop county road in the plat of Saratoga Beach
Division #1 currently serves Lots 10 through 14, the 5 platted parcels that are
part of this plat alteration. Baby
Island Way currently serves the unplatted parcel that is adjacent to the plat
of Saratoga Beach Division #1. The
unplatted parcel has two existing single family residences located upon it
which are served by Baby Island Way. As
a result of this plat alteration, Baby Island Way will continue to serve the
two existing single family residences, however, they will now be located on
separate parcels. There is no change in
the number of single family residences that are served by Baby Island Way due
to approval of this plat alteration.
There is a net reduction in the number of houses that will be served off
of Kevin Court as well as the overall level of traffic. The Hearing Examiner correctly concluded
that the plat alteration serves the overall public interest and protects the
public health and welfare.
2.
The
appellant alleges that the applicant submitted fraudulent documentation
demonstrating that appropriate provisions have been made for on-site
septic. There is no evidence of
fraud. The applicant was approved for
on-site septic to serve the two existing residences when the previous site plan
review (SPR 036/96) was approved in 1993.
The applicant provided copies of the septic information during the plat
alteration process. The applicant
requested those septic materials from the Health Department who provided him
with a receipt for the copying charge along with the information. This information was then provided with the
application. Whether a septic permit
was incorrectly issued or not for a previously approved and constructed house
does not impact the validity of a plat alteration. If there are issues around the septic systems and reserve
drainfields, and the appellant suggests that there is evidence of fraud, these
issues are not appropriate in this venue, rather they should be handled through
the Health Department and not as a result of this action.
3.
The
appellants testified that the applicants had removed timber and conducted
grading without permits required by the Island County Code. All clearing and grading was conducted with
full knowledge and approval by Island County.
Statements were provided indicating that the applicant had violated the eagle
management plan, however, no evidence was provided that substantiates this
allegation. There was no willful
violation by the applicant regarding the timber removal or dirt movement.
4.
The
appellant states that the Hearing Examiner erred in glossing over the fact that
a shoreline development permit should have been required for this action by
declaring that only short subdivisions are exempt from SEPA. The determination of whether or not a
development is exempt from a shoreline development permit is not contained in
the SEPA exemptions of WAC 197-11-800 as cited by the appellant, rather they
are listed in the Shoreline Management Act, Chapter 173-27 WAC. Furthermore, a plat alteration that proposes
adjustment of property lines does not in and of itself trigger the requirement
for a shoreline development permit. The
appellant incorrectly refers to this proposal as a land division. If this project had been a long or short plat
it is likely that a shoreline development would have been required. Other actions in relation to the development
may trigger a shoreline development permit such as drainage improvements that
are required as a condition of plat alteration approval.
5.
The
appellant asserts that the Hearing Examiner incorrectly agrees with the characterization
of this application as a plat alteration due to the fact that the project
extends beyond the limits of the existing plat. Island County Code and State law both allow for the adjustment of
property lines between platted lots, unplatted lots or both. ICC 16.06.040 defines a Boundary Line
Adjustment as the adjustment of boundary lines between platted or unplatted
lots or both. RCW 58.17.040(6) states
that the provisions of this chapter shall not apply to a division for the
purpose of alteration by adjusting boundary lines, between platted or unplatted
lots or both. State and county law
clearly indicate that adjustments between a platted and unplatted lots may be
done without the necessity of considering this type of action as a new
subdivision. However, ICC 16.06.040
defines an alteration as any change in easements or changes to the conditions
of approval of the original plat. PLA
025/98 proposes changes to existing easements that were recorded with the original
plat which is why this proposal must be considered as a plat alteration. However, if no changes to the easements were
needed this project would have been a simple boundary line adjustment between
platted and unplatted lots. There is no
state or county requirement which limits an alteration to only parcels that are
contained within the plat.
6.
The
appellant states that the Hearing Examiner erred in relying on RCW 58.17.215 to
support the conclusions that the application is a plat alteration despite the
addition of land outside the plat and asserts that the proposal constitutes a
form of subdivision. As stated in the
above finding, there is no state or county law that states that adjusting
boundary lines between a platted and unplatted lot such that additional land is
brought into the plat. To the contrary,
state and county law clearly indicate that boundary line adjustments may be
done between platted and unplatted lots.
RCW 58.17.215 does not limit alteration of a subdivision exclusively to
property within a subdivision. No state
or county law has been cited which states that the mere addition of new land to
the plat constitutes a new subdivision.
7.
The
appellant argues that a subdivision of land is subject to the environmental
provisions of chapter 58.17 RCW unless it meets one of the exceptions to that
chapter which include boundary line adjustments or plat alterations. Given that the Hearing Examiner was correct
in determining that the application was appropriately reviewed and considered
as a plat alteration rather than as a new subdivision the appellants issues
related to SEPA are not valid.
8.
Pursuant
to RCW 36.70B.120 requires that there must be a consolidated review process in
place in order to evaluate project permits from more than one category. The County has adopted a consolidated permit
review process. Consistent with RCW
36.70B.120 the County has adopted a consolidated review process which is found
under ICC 16.19.130. Both RCW
36.70B.120 and ICC 16.19.130 state that the applicant may elect the
consolidated permit review process.
Furthermore, it is not always possible to know at the outset of a
proposal what permits will be required.
During review of this project it was determined that drainage
improvements were needed in order to approve the alteration. The drainage improvements will require a
shoreline development permit. When the
application was turned in it was not known that drainage improvements would be
necessary. As a result, prior to
submitting final plat alteration approval the applicant will be required to
complete the drainage improvements, including the shoreline development permit
that will be required.
The decision of the Island
County Hearing Examiner to grant conditional approval of the Bonaci plat
alteration, PLA 025/98, is affirmed.
ADOPTED this 21 day of April, 2003
BOARD
OF COUNTY COMMISSIONERS
Wm. L. McDowell, Chairman
William J. Byrd, Member
Mike Shelton, Member
ATTEST:
Elaine Marlow, Clerk of the Board
Suzanne Sinclair, Island County Auditor,
submitted to the Board her written financial report for the period ending March
31, 2003. Narrative provided with
respect to notes on revenues, included:
$5,000 had been received as a donation to WSU; delinquent taxes the County received distribution 1996-2002 in the amount of $125,280.42.
With respect to Expenditures questions for review
and follow-up back to the Board were:
§
Telecommunications. Reason for
38% at the end of March
§
Treasurer. Looking at the 4-year average why so high:
30% now compared to a 4-year
average 25%.
Treasurer’s report not available.
There being no further business to come before the Board at this time, the meeting adjourned at 10:40
a.m. The next regular meeting will be
held on April 28, 2003 beginning at 11:30 a.m. with an Elected Officials
roundtable, and other 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