BOARD OF ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING -  AUGUST 4, 2003

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session  on August 4,  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.    The meeting began with the Pledge of Allegiance.  By unanimous motion, the Board approved the following minutes:   July 23, 2003 special session and July 28, 2003 regular session.

 

VOUCHERS AND PAYMENT OF BILLS

 

The following vouchers/warrants were approved for payment by unanimous motion of the Board,  with the July 31, 2003 payroll for the pay periods July  1-15, 2003 and July  1-31, 2003:  

Voucher (War.) # 170295-170460  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$436,397.17.

     

COMMITTEE Appointments and/or Re-appointments

 

The Board, by unanimous motion, made the following appointments and re-appointments to various

committees and boards:

 

§         Joan P. Nelson, Clinton, reappointed for a four-year term to the Clinton Ferry Advisory Committee, term expiring August 31, 2007 

 

§         Al Sherman, Coupeville, appointed to refill Position #6 [vacant following  resignation of Kermit Chamberlin]  with the existing term to October 1, 2004.

 

§         Janet Hall , Coupeville, appointed to serve as member at large representing    Central Whidbey  Island on the Solid Waste Advisory Board.

 

CEmetery District One  -  Waiver From Participation  In Local Voters’ Brochure

 

The Board considered a letter from  G. Durward Roberson, Chairman, Island County Cemetery District One,    dated June 30, 2003 forwarded by the Island County Auditor,  advising  that   Cemetery District One voted at the last regular meeting not  to have a write-up/pictures in the Island County Voter’s Pamphlet for the following reasons:

 

1.        The Cemetery District  cannot afford any additional  election costs;

2.        As far as is known at this time, only one person is running for the

                      unpaid position open for election. 

 

Pursuant to provisions of RCW 29.81A.020  the  Board by unanimous motion found that the requirement would create an undue financial hardship for Island  County Cemetery District One, and approved the waiver from  the requirement.

 

Liquor License #083518 Change in  Corporate Officers on application 

 

With no objections received, the Board by unanimous motion approved Liquor License #083518 for a change in Corporate Officers listed on application as  requested by Kent Myers d/b/a Freeland Service Center, 5618 Fish Road, Freeland.

 

Public Input or Comments

 

Kristi O’Donnell,  Greenbank, thanked the Board for writing a letter to the Army  in regard to not building the SBX in Everett.  She was, however,  hopeful more could be done and would support the Board making a  decision to join the  City of Everett and Concerned Citizens Against SBX to not build  the facility in Everett.    She thought so much  scientifically had  not been proven and  believed it would  be detrimental to tourism and marine life.    Island County was not contacted when it should be represented in the due process.

 

Dr. John Hurd, Clinton,  on behalf of Concerned Citizens  Against the SBX (CCA-SBX),  entered concerns and a request to the Board  for the record  in order to  help stop SBX:

 

A.      Anticipate and agree to file suit, if necessary, as have the City of Everett and CCA-SBX appealing any decision to place the SBX in Everett.  Consult with the attorney for Island County about doing so.  This is especially important in light of the lack of due process in these proceedings by the military regarding our country.

 

B.       Since nothing can be litigated that hasn’t been included in an FEIS response letter, it’s critical that the Commissioners address all potential area of future appeal litigation in another official FEIS response letter.  This should be created in conjunction with the Island County Attorney’s office.  It must be received at the address cited below prior to the Aug 14, 2003 FEIS response cut-off date. Areas of concern to be included should be at least the following:

 

1.        Cultural Resources, Noise, Socioeconomics

2.        Air Quality

3.        Air Space

4.   Biologic Resources

 

5.   Hazardous Materials and Hazardous Waste

6.   Health and Safety

7.  Transportation

8.  Utilities

9.  Visual and Aesthetic Impact

10. Due process

 

C.  There is a specific address for responses.  Although the commissioners have sent one short response letter it was not as detailed as it needs to be, or sent to the exact address required for official acknowledgment and inclusion in the record.  The Commissioners must address these concerns with the FEIS to the following exact address:

 

US Army Space and Missile Defense Command

SMDC-EN-V, Mrs. Julia Hudson-Elliot

P. O. Box 1500

Huntsville, AL 35807-3801

 

Dr.  Hurd  commented that the City Attorney  for Everett was  prepared to file suit of appeal of the  FEIS.  He asked that Island County at least consider writing one more letter that addresses the ten areas outlined in his letter. Citizens of Island County have been uniquely wronged and have a unique voice and he thought it appropriate  due process be addressed.

 

Malcom Ferrier, Langley, expressed  concerns about what he sees as a vast  experiment going on with the SBX, firing  out beams of ten gigahertz,  ten billion  vibrations per seconds,  bouncing off the atmosphere.  Most measurements on the effects of the fields have been done by physicists on physical systems and a real  worry in his mind is that experiments have not been done by  biologists on biological  systems,  in particular living cells and developing fetal cells.  This  experiment on human and marine populations  has never been done before and it is a great  unknown.  A similar  experiment at Cape Code some 20 years’ ago showed an  increase in rate of childhood leukemia,  which gives pause for concern. 

 

Curtis Leonard, Langley,  because  of the nature of the situation and deadline for decision, commented on the groups’ desire to  meet with the County Attorney.  They originally wanted an opportunity for more time on the Board’s August 11th agenda  but now felt that would be too late, and first want to talk  to the County Attorney and then possibly  a special session of the Board in the next few days to pass a resolution  that the scoping process be restarted and involve Island County.

 

Commissioner Shelton  believed  the FEIS process was flawed and public input insufficient, especially noting that an  ad in a Seattle newspaper clearly was not adequate on an issue affecting  Snohomish and Island counties.  He was hopeful  the Army would recognize the community’s resistance to this location and choose a locale not as  densely  populated.  He pointed out that the County  Prosecuting Attorney is a separately elected official and he suggested the folks contact him  directly.   The person he believed messages should be sent to about this issue is  Congressman Rick Larsen, along with the  two Senators representing this area, in that at some point in time the influence brought  to bear on the Federal government is far better  addressed through those offices than  a local board of commissioners. Clearly the City of  Everett is  prepared to try and prevent locating the SBX at Everett and he  felt certain  there would be ample opportunity for Island County  to be a part of that process through briefs and so forth.

 

Commissioner Byrd noted that the Commissioners were on record in the letter sent to the Department of Defense, Missile Defense Agency [July 21, 2003]  which was also forwarded to the address Dr.  Hurd and Ms. O’Donnell indicated. [another copy will be directed to the address].

 

Chairman McDowell reiterated Commissioner Shelton’s comments about contacting the Prosecutor, a separately elected County official and ask to meet with him.

 

HEARING HELD -  Cancellation of Franchise #33 - sewer distribution line - J. Gordon  Sparks - Plats of Bakerview Terrace and Utsalady Point Tracts

 

A Public Hearing was  held at  10:20 a.m. as advertised to consider  cancellation of Franchise #33 by J. Gordon  Sparks for sewer distribution line in the  Plats of Bakerview Terrace and Utsalady Point Tracts, located in sections  13/24, Twp 32N., R 2E.  Bill Oakes, Public Works Director, reported in favor of cancellation of the franchise.  The request was initiated by Mr. Sparks who no longer needs the franchise. 

 

At the time of hearing, no one in the audience spoke for or against said request to cancel.  By unanimous motion, the Board canceled Franchise #33 by J. Gordon Sparks for sewer distribution line in the  Plats of Bakerview Terrace and Utsalady Point Tracts, located in sections  13/24, Twp 32N., R 2E. 

 

Resolution #C-75-03/R-23-03 - Adoption of Island County’s Six-Year Transportation Improvement Program for the years 2004-2009

 

As presented, the Board by unanimous motion approved Resolution #C-75-03/R-23-03  in the matter of  Adoption of Island County’s Six-Year Transportation Improvement Program for the years 2004-2009.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

 

IN THE MATTER OF ADOPTION OF             )

ISLAND COUNTY’S SIX-YEAR                       )               RESOLUTION NO.

TRANSPORTATION IMPROVEMENT           )                      C-75-03

PROGRAM FOR THE YEARS 2004-2009         )                       R-23-03

 

                WHEREAS, the County Engineer,  in accordance with RCW 36.70A.070, 36.81.121 and  WAC 136-14-040,  has submitted his recommended plan for construction of roads for the years  2004 through 2009; and

 

                WHEREAS, the Board certified that a priority array of the County Arterial System was prepared by the County Engineer and available during the preparation of this program; and

 

                WHEREAS, the Island County Planning Commission has reviewed this program and found it in compliance with the Island  County Comprehensive Plan;

 

                NOW, THEREFORE, BE IT HEREBY RESOLVED by the Island County Board of Commissioners that the Six-Year Transportation Improvement Program for 2004 through 2009, as submitted this date, is hereby adopted.

 

                ADOPTED this 4th day of August, 2003.

 

                                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                                ISLAND COUNTY, WASHINGTON

                                                                                                                Wm. L. McDowell, Chairman

                                                                                                                William J. Byrd, Member

                                                                                                                Mike Shelton, Member

 

Attest: Ellen K. Meyer, Deputy

Clerk of the Board

(attached Transportation Improvement Program on file with the Clerk of the Board)

 

Resolution #C-76-03/R-30-03  Closing Island County’s Completed County Road Projects and Miscellaneous Projects

 

By unanimous motion the Board approved Resolution #C-76-03/R-30-03 in the matter  of Closing Island County’s Completed County Road Projects and Miscellaneous Projects, as presented by the Public Works Director.     

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF CLOSING          )           

ISLAND COUNTY'S COMPLETED)                 RESOLUTION NO.    C- 76-03

COUNTY ROAD PROJECTS AND )                                                           R-30-03

MISC. PROJECTS                                   )

                                               

                WHEREAS, R.C.W. 36.77.070 requires the publication of the true and complete costs, and a brief description of all County Road Projects where the day labor, either estimated or actual cost, exceeds twenty-five hundred dollars.  NOW, THEREFORE,

 

                BE IT HEREBY RESOLVED that the following County Road Projects and the total costs as shown on the attached sheets are hereby approved and those C.R.P.'s with day labor in excess of $2,500 be published in the local newspaper.

 

                NUMBER                              WORK ORDER NO.                                          NAME

                CRP 96-13                                              137                                        East Camano Drive, Phase 1

                CRP 98-03                                              220                                        Brighton Beach Road

                CRP 98-05                                              36                                           Kettles Trail

                CRP 98-06                                              127                                          Woodland Beach Road

                CRP 98-09                                              117                                          Possession Road Slide Repair

                CRP 98-10                                              167                                          Edgecliff Road Slide Repair

                CRP 98-11                                              124                                          Ferrydock Road Slide Repair

                CRP 98-13                                              187                                          Madrona Way @ Sherman Road

                CRP 98-14                                              239                                          Wilkes Gary Heights Drainage

                CRP 98-16                                              260                                          Goss Lake Overflow Pipe

                CRP 99-01                                              103                                          Wilkenson Road Closure

                CRP 99-02                                              86                                           West Beach Road Guardrail

                CRP 99-03                                              274                                          ACP Overlays – Whidbey 1999

                CRP 99-04                                              275                                          ACP Overlays – Camano 1999

                PWP 01-97                                             211                                          Camano Water System

                PWP 04-98                                             267                                          Coupeville Shop Fuel Facility

                PWP 05-98                                             32                                           Camano Shop Fuel Facility

                PWP 01-99                                             57                                           Terry’s Corner Beautification

                                                               

                NOW BE IT FURTHER RESOLVED that the projects on the attached sheets are completed and therefore are closed to all charges as of   July 9, 2003    .

 

                APPROVED this 4th day of August, 2003.

 

                                                                                                BOARD OF COUNTY COMMISSIONERS

 

                                                                                                ISLAND COUNTY, WASHINGTON

                                                                                                Wm. L. McDowell, Chairman

                                                                                                William J. Byrd, Member

                                                                                                Mike Shelton, Member

ATTEST:  Ellen K. Meyer, Deputy

      Clerk of the Board

                                                [attachment placed on file with the Clerk of the Board]

 

Resolution #C-77-03/R-31-03  Adoption of Island County’s Six-Year Capital Improvement Program.

 

The Board approved by unanimous motion, Resolution #C-77-03/R-31-03 in the matter of adoption of Island County’s Six-Year Capital Improvement Program.

 

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ISLAND COUNTY, WASHINGTON

 

IN THE MATTER OF ADOPTION OF             )

ISLAND COUNTY’S SIX-YEAR                       )               RESOLUTION NO.

CAPITAL IMPROVEMENT PROGRAM         )                      C-77-03

FOR THE YEARS 2004-2009                              )                       R-31-03

 

                WHEREAS, the Public Works Director, in accordance with RCW 36.70A.070(3) and WAC 365-195-315, has submitted his recommended plan for capital expenditures for 2004 through 2009; and

 

                WHEREAS, the Island County Planning Commission has reviewed this program and found it in compliance with the Island  County Comprehensive Plan;

 

                NOW, THEREFORE, BE IT HEREBY RESOLVED by the Island County Board of Commissioners that the Six-Year Capital Improvement Program for 2004 through 2009, as submitted this date, is hereby adopted.

 

                ADOPTED this 4th day of August, 2003.

 

                                                                                                                BOARD OF COUNTY COMMISSIONERS

                                                                                                                ISLAND COUNTY, WASHINGTON

                                                                                                                Wm. L. McDowell, Chairman

                                                                                                                William J. Byrd, Member

                                                                                                                Mike Shelton, Member

 

Attest:  /Ellen K. Meyer, Deputy

Clerk of the Board

[Capital Improvement Program attached to Resolution #C-77-03 is on file with the  Clerk of the Board]

 

Stormwater Mitigation Agreement & COVENANTS – Mike C. & Jennifer Wilson Lot 6, Block 4, Holmes Harbor Golf & Country Club Division # 9

 

Stormwater Mitigation Agreement and Covenants # PW0230-75 between Island County and    Mike C. & Jennifer Wilson,  Lot 6, Block 4, Holmes Harbor Golf & Country Club,  Division #9 was approved by unanimous motion of the Board as presented by Mr. Oakes.

 

Executive Session

 

Chairman McDowell announced that the Board would meet in Executive Session at 11:00 a.m. under provisions of   R.C.W. 42.30.110 (1) (i) to discuss with legal counsel potential litigation, held in Conference Room #218 Courthouse Administration Building.   No announcement was made on conclusion of the session, which lasted  one-half hour.

 

There being no further business to come before the Board at this  time, the meeting adjourned on conclusion of Executive Session at 11:30 a.m.  The  next regular meeting of the Board is scheduled for August 11,  2003, at   9:30 a.m.

 

                                             BOARD OF COUNTY COMMISSIONERS

                                             ISLAND COUNTY, WASHINGTON

                                                      [absent when signed  Wm. L. McDowell,   Chairman ]

      William J. Byrd, Member

                  Mike Shelton,   Member

ATTEST:    Elaine Marlow, Clerk of the Board