ISLAND COUNTY COMMISSIONERS
- MINUTES OF MEETING
REGULAR SESSION –
DECEMBER 22, 2003
The Board of Island County Commissioners (including
Diking Improvement District #4) met in Regular Session on December 22, 2003,
beginning at 1:30 p.m. in the Island
County Courthouse Annex, Hearing Room, 1 N. E. 6th Street,
Coupeville, Wa. The Roundtable scheduled with Island County Elected Officials at 11:30 a.m. was canceled since no agenda
items were forthcoming and due to the
fact that several elected officials were unable to attend.
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 December 15, 2003
meeting.
VOUCHERS
AND PAYMENT OF BILLS
The Board, on unanimous motion, approved the payroll
for retro pay Local 1845, and the
following vouchers/warrants were
approved for payment by unanimous motion of the Board: Voucher (War.) #179902-180189 =
$269,387.02.
Hiring Requests & Personnel Actions
As presented by Dick Toft, Human Resources Director,
the Board by unanimous motion, approved
the following personnel action authorization (s):
Planning 102/03 Director 1700.00 Personnel Action
1/1/04
Prosecutor 103/03 Deputy Pros. Atty
1804.00 New Position 2/1/04
Prosecutor 104/03 Deputy Pros. Atty
1805.00 Personnel Action
2/1/04
Pub.
Works 111/03 Eng Tech III, I/RW 2224.02 New
Position 1/1/04
Pub.
Works 113/03 Truck Dr I 2242.12 Replacement
2/2/04
Pub.
Works 114/03 Acct Tech SW 2217.00 Increase Hrs. to .8 fte 1/1/04
Pub.
Works 116/03 Truck Dr. I 2242.07 Replacement
12/22/03
Clerk 115/03 Dep. Clerk/Collections 503.05
New Position
1/1/04
TODDLER Learning Center Association Developmental
Disabilities-Child Development
Services
Having been reviewed at the November 19th
staff session, the Board by
unanimous motion approved Contract #HS-05-03 Amendment #1 (RM-HLTH-99-0056) with Toddler Learning
Center Association for child developmental services, the amendment
amount $130,121, for new total contract in the amount of $156,498.
Resolution
#C-126-03 Establishing the Saratoga
Passage
and
Admiralty Inlet Marine Stewardship Areas
Gary Wood, Northwest Straits Commission, on behalf
of Island County Marine Resource Committee (MRC), along with
a number of members of the Island County MRC,
was present to support the
Board’s adoption of a resolution establishing the Saratoga Passage and
Admiralty Inlet Marine Stewardship Areas.
Mr. Wood thanked members of the Island County MRC for taking the
initiative in the preparation of the resolution,
noting this action tied in with the
shore steward program and would enable recognition of some of the best
assets of the County without regulating them.
By unanimous motion, the Board adopted Resolution
#C-126-03 in the matter of establishing the Saratoga Passage and Admiralty
Inlet Marine Stewardship Areas.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF ESTABLISHING )
THE THE SARATOGA
PASSAGE AND )
ADMIRALTY
INLET ADMIRALTY
INLET MARINE ) RESOLUTION NO. C-126- 03
STEWARDSHIP AREAS )
WHEREAS, the waters of Island
County which provide
one of the richest marine habitats and most scenic vistas in the US,
and needs
to be identified, recognized and preserved,
WHEREAS, a majority of Island County’s inside waters lie between
its two main populated islands, Whidbey and Camano, and serve as a pathway for marine traffic, both commercial and pleasure craft, as well as many species of migrating fish
and mammals,
WHEREAS, the outside waters
west of Whidbey Island are a major corridor
of commercial marine traffic and an important salmon fishery,
WHEREAS, it is incumbent upon those
citizens of Island County and other persons who use and enjoy this great
natural resource to recognize and respect theseis unique bodiesy of water,
WHEREAS, the Murray-Metcalf
Commission of 1997 set forth specific benchmarks by which to measure
progress in protecting the marine resource, and called upon the Northwest
Straits Commission and Marine Resources Committees to achieve science-based zones
of marine protection, NOW THEREFORE,
BE IT HEREBY RESOLVED by the Board of
Island County Commissioners, to meet
the goals of the Murray-Metcalf Commission to protect the waters, surrounding Island
County from Deception Pass on the north to Possession Point on the
south that lieand
east ofbetween Camano and
Whidbey Islands will be known as the
"Saratoga Passage Marine Stewardship Area," while those waters to the
immediate west of Whidbey Island will be known as the "Admiralty Inlet Marine Stewardship Area".
These marine areas will enjoy all of the protections that are already in
place to safe guard the waters, marine
life, plant life and surrounding shores and beaches and should be the focus of
additional educational efforts to encourage greater care and understanding by
citizens and visitors.
ADOPTED this 22nd day of
December, 2003.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
WM. L. MCDOWELL, CHAIRMAN
ATTEST: WILLIAM J. BYRD, MEMBER
ELAINE MARLOW MIKE
SHELTON, MEMBER
HEARING HELD: Ordinance #
C-117-03 Amending the Provisions of Chapter 10.06 ICC Regarding Impoundment of
Vehicles
At 1:45 p.m. as advertised and scheduled, the
Chairman opened a Public Hearing for the purpose of considering Ordinance
#C-117-03 in the matter of amending
provisions of Island County Code,
Chapter 10.06 regarding impoundment of
vehicles.
David L. Jamieson, Jr., Deputy Prosecuting Attorney,
worked with Sheriff Hawley in preparing some amendments to
Chapter 10.06 ICC dealing with impound
of vehicles driven by suspended or
revoked drivers, a result legislation adopted this year, State Substitute House Bill 1074. The Ordinance clarifies the law that
provides for impoundment when police stop someone driving while
suspended, and provides for the following:
1.
If
a commercial vehicle is driven by
someone suspended and who is not the owner of the vehicle, the police are
required to first use all diligent good faith efforts to
contact the owner of the vehicle to see if someone else can pick up the vehicle
before impoundment.
2.
When
a vehicle is driven by someone with suspended or revoked license, and is
not a commercial vehicle but owned by another person, the police can allow that
vehicle be released early from the
impound if the owner has not
received a prior release under
that subsection.
The law was adopted in 1998 and the State Legislature made findings that about a quarter
million drivers in the state have
suspended or revoked licenses yet 195,000 actually continue to drive. The percent of accidents among suspended
or revoked drivers is much higher than the rest of the driving
populous, and many of those cited do not appear in court even when charged and it is a public safety
issue. In terms of Island County
History, District Court records show that for those driving with suspended or revoked licenses, actual citations issued by the Sheriff’s
Office decreased markedly since the
ordinance was first passed; overall 42-43% decrease in the number of driving
while suspended or revoked between 1998 and 2002.
At
the time Chairman McDowell called for public comment on Ordinance #C-117-03, no one indicated a desire to
speak either for or against the matter.
Moved by Commissioner Shelton, seconded by
Commissioner Byrd, Ordinance #C-117-03 in the matter of amending provisions of Island County Code, Chapter 10.06 regarding impoundment of vehicles was
adopted by unanimous motion.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
|
IN THE MATTER OF AMENDING
THE PROVISIONS OF CHAPTER 10.06 ICC REGARDING IMPOUNDMENT OF VEHICLES |
|
ORDINANCE NO. C- 117 -03 |
WHEREAS, the 2003 State Legislature, by Substitute House Bill
1074, chapter 177 of the 2003 Laws, made changes to chapter 46.55 RCW regarding
the circumstances under which vehicles driven by suspended or revoked drivers
can be impounded and released from impound;
WHEREAS, amendments to chapter 10.06 of the Island County
Code, Traffic Regulations (Model Traffic Ordinance), are necessary to conform
county regulations to the changes made by state law; and
WHEREAS, this ordinance is necessary to protect the health,
safety and welfare of the citizens of Island County; NOW, THEREFORE,
IT IS HEREBY ORDAINED that Island County Code sections 10.06.060, 10.06.070
and 10.06.080 are amended as set forth on Exhibit “A” attached hereto. Material lined through is deleted and
material underlined is added.
Reviewed this 24 day of
November, 2003, and set for public hearing on the 22 day of December, 2003 at 1:45 p.m. in the Commissioner’s Hearing
Room.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm. L. McDowell, Chairman
ATTEST: Elaine Marlow William
J. Byrd, Member
Clerk
of the Board Mike
Shelton, Member
Ordinance C-117 -03 is adopted
this 22 day of December, 2003 following public hearing.
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm.
L. McDowell, Chairman
William
J. Byrd, Member
ATTEST:
Elaine Marlow Mike
Shelton, Member
Clerk
of the Board
APPROVED AS TO FORM:
David
L. Jamieson, Jr.
Deputy
Prosecuting Attorney and
Island County Code Reviser [Exhibit “A” on file with the Clerk of the Board]
COMMITTEE
APPOINTMENTS
The
Board, by unanimous motion made the following appointments:
New
Appointment: Lori Matteson Re-appointment: Henry Powers
Term
Expires: 06/30/09 Term Expires: 01/02/08
STAFF
SESSION SCHEDULE – JANUARY, 2004
The January, 2004, Staff Session Schedule was
approved by the Board for distribution, showing the two regular staff sessions, January 7 and January 21, both
beginning at 9:00 a.m.
RESOLUTION #C-127-03 IN THE MATTER OF ESTABLISHING
SALARIES FOR NON-BARGAINING UNIT EMPLOYEES (EXCLUDING ELECTED OFFICIALS) FOR
2004
The
Board adopted by unanimous motion Resolution #C-127-03 in the matter of
establishing salaries for non-bargaining unit employees (excluding Elected Officials) for 2004.
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF ESTABLISHING )
SALARIES FOR NON-BARGAINING UNIT )
EMPLOYEES (EXCLUDING ELECTED )
RESOLUTION #C- 127 -03
OFFICIALS) FOR 2004 )
WHEREAS, the Board of
Island County Commissioners finds that it is in the public interest to make
provisions for the 2004 salaries for department heads and all non-bargaining
unit employees (excluding Elected Officials); and
WHEREAS, it is in the public
interest to maintain morale and compensation equity among county employees
both represented and non-represented; NOW
THEREFORE,
BE IT RESOLVED, that the
above identified personnel shall be granted a cost of living adjustment equal
to 2.0% of base salaries and will be paid according to the attached pay grid
tables in Exhibit A effective January 1, 2004.
Additionally, longevity steps 6 through 9 have been modified as shown on
Exhibit A; and
BE IT FURTHER RESOLVED, that department heads and all other non-bargaining
unit employees (excluding Elected Officials) may be granted additional
compensation adjustments during calendar year 2004, if approved by the Board of
County Commissioners.
ADOPTED this 22 day of December, 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
[Exhibit A on file with the Clerk of the Board]
HEARING
SCHEDULED: Resolution #C-128-03
Amending
the 2003 Island County Budget
By unanimous motion, the Board scheduled a Public
Hearing to consider Resolution #C-128 -03 Amending the 2003 Island County
Budget, hearing set for January 26,
2004 at 1:50 p.m.
Resolution #C-129-03 Adopting the Island County
Comprehensive Emergency Management Plan (Unincorporated Island County)
Dave Halloran, DES, Deputy Director, presented for
approval the Island County
Comprehensive Emergency Management Plan (Unincorporated Island County), a topic
of review with the Board at the December 17th Staff Session. Approvals received from departments and
agencies, and approval with comments from some of the departments and agencies
participating, and comments incorporated in this document.
By unanimous motion, the Board approved Resolution
#C-129-03 adopting the Island County Comprehensive Emergency Management Plan
(Unincorporated Island County).
BEFORE THE
BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF ADOPTING THE )
ISLAND COUNTY COMPREHENSIVE
) RESOLUTION NO.
C-129-03
EMERGENCY MANAGEMENT PLAN )
UNINCORPORATED ISLAND COUNTY )
WHEREAS, this plan is a revision
of the county’s emergency plans made in response to the heightened awareness,
realities, and consequences of natural and technological hazards faced by the
State of Washington and Island County.
WHEREAS, the plan provides definition and coordination
of departmental responsibilities to prepare for, respond to, and recover from
emergencies and disasters. The plan is
written to comply with applicable federal and state regulations and Island
County Code Title 9.24A, and
WHEREAS, this document is an all-hazards plan,
intended for use in any emergency beyond the control or capability of ordinary
departmental response. One of the
primary objectives of the CEMP is to ensure the most effective use of all
county resources during emergency operations, and
NOW THEREFORE, BE IT RESOLVED, that this plan replaces
all previous versions of the Island County Comprehensive Emergency Plan with
use effected immediately. All plans
produced prior to this date will be discarded.
|
DATED this |
22 |
Day of |
December |
, 2003. |
BOARD OF COUNTY COMMISSIONERS
ISLAND
COUNTY, WASHINGTON
Wm.
L. McDowell
Mike Shelton, Member
William
J. Byrd, Member
ATTEST: Elaine Marlow
Clerk
of the Board
[Island County
Comprehensive Emergency Management plan on file with the Clerk of the Board]
Agreement
to Assignment of Contract to
PHD
No. 1 Skagit Valley Hospital
Agreement to Assignment of Contract to PHD No. 1
Skagit Valley Hospital (RM-GSA-03-0076)
was approved by unanimous motion of the Board, to provide for the continuation
of services performed at the Camano
Family Resource Center, the assignment comes as a result from the break-up of
two hospital districts.
Public Input or Comments
Rufus Rose, Clinton resident, mentioned he spoke
with Mike Shelton concerning no further action dump sites, a topic he brought
up at the last Board meeting. He
spoke today with Doug Kelly and Mike
Barenburg, and asked for a meeting the second week in January with members of the Health Department and at
least one commissioner. His suspicion
was that this issue may be prolonged
and therefore prudent to bring in the
State Department of Ecology. He
suspects there is a lot of thinking that has to be done, and possibly
considering either making changes or recommending changes at the State level, pursuing changes and seeing to it
that the operation goes smoothly.
Malcom Ferrier,
Langley, explained that from material he received the vehicle ordinance
made a lot of other points mostly about land use standards Junk and
auto wrecking and definition of vehicles on people’s lands that a deemed to be unsightly.
Marianne Edain, WEAN, Langley, indicated it was
their doing and misunderstanding that
caused people to attend this meeting
and send e-mails. WEAN inquired through a third party as to what was
intended with the impoundment ordinance
and they reported back that it was in fact the proposed amendments concerning
junk vehicles. However, she thought it
needed stressing again that the junk vehicle ordinance as proposed attempts to
legislate aesthetics which is not an appropriate activity for county commissioners and as written is very distinctly arbitrary and capricious and therefore very open to lawsuits and a
great deal unhappiness on part of all parties and asked that the Commissioners
examine it very carefully.
Chairman McDowell explained that Ordinance #C-117-03,
the subject of the Public Hearing today was
an ordinance requested by the Sheriff to meet State law having to do
with impoundment of cars because of
driving with suspended or revoked licenses.
The "junk car" ordinance developed by the Planning & Community
Development Department, a proposed Comprehensive Plan Amendment CPA
190-03/PLG-030-03, adoption of standards
that regulate outdoor storage of junk and junk vehicles, has not yet
been scheduled for public hearing before the Board. Comments and e-mails will be placed on file and made a part of
the record when that ordinance does come before the Board.
Resolution #C-130-03/R-44-03 – Purchasing Hilfiker Company Steepened
Slope Stabilization Construction Materials as Sole Source Items
As presented and recommended for approval by Dick
Snyder, County Engineer, the Board by unanimous motion adopted Resolution
#C-130-03/R-44-03 in the matter of
purchasing Hilfiker Company Steepened
Slope Stabilization Construction Materials as Sole Source Items.
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND
COUNTY, WASHINGTON
IN THE MATTER OF PURCHASING )
HILFIKER COMPANY STEEPENED ) RESOLUTION NO. C- 130-03
SLOPE STABILIZATION ) R-
44 -03
CONSTRUCTION
MATERIALS AS )
SOLE SOURCE
ITEMS )
WHEREAS, Island County has signed a Standard Consulting Agreement
with Aziz Engineering company, specializing in geo-technical engineering;
and
WHEREAS, the above referenced consultant has specified soil nailing
for steepened slope stabilization and mechanically structured earth welded wire
walls for shoulder reinforcement requiring specific construction materials; and
WHEREAS, the County has existing Hilfiker walls in several
locations and wishes to maintain a common maintenance and parts pool for the
Hilfiker structure; and
WHEREAS, the Washington State Department of Transportation
recognizes the Hilfiker system as the only pre-approved wire wall system in the
State of Washington; and
WHEREAS, Island County Public Works has evaluated Hilfiker
Retaining Wall products and determined that the purpose is clearly and
legitimately limited to a single source of supply as they are uniquely suited
to solving geo-technical slope stability problems at a cost to Island County significantly
less than any other comparable products available; and
WHEREAS, ICC 2.30A.010(A)(9) and RCW 39.04.280 permit a waiver from
competitive bidding for materials that can only be obtained from a single
source of supply. NOW THEREFORE,
BE
IT HEREBY RESOLVED that the purchase
of steepened slope stabilization and shoulder reinforcement construction
materials from the Hilfiker Retaining Walls is approved.
ADOPTED this 22 day of December, 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
Supplemental
Agreement #1 TO PW-0220-81(A)- KCM, Inc., dba Tetra Tech/KCM, Inc. - Freeland
Planning Area Comprehensive Sewage Plan
The Board by unanimous motion approved Supplemental Agreement No. 1 to
PW-0220-81(A) between Island County and KCM, Inc., d/b/a Tetra Tech/KCM, Inc.
for the Freeland Planning Area–Comprehensive
Sewage Plan under work order 120 extending completion date to December 31,
2004.
Supplemental
Agreement #1 to PW-0120-09(A) - Atelier PS
FOR Cedars Trail Design Services
By unanimous motion the Board approved Supplemental
Agreement #1 to PW-0120-09(A) between
Island County and Atelier PS for the
Cedars Trail Design Services under work order 223 changing project title
to Maxwelton Trail Design Services and
completion date extended to December 31, 2004.
Contract
Amendment #1 AND Contract Extension #SW-03-0073 - Maribeth Crandell Crowe dba
Crandell Crowe Education Services
By unanimous motion the Board approved Contract
Amendment No. 1 and Contract Extension for Contract #SW-03-0073
between Island County and Maribeth Crandell Crowe d/b/a Crandell Crowe
Education Services, extending completion date to December 31, 2005.
Supplemental
Agreement #2 - PW-012055(B) - University of Washington-Crescent Harbor Salt
Marsh & Salmon Habitat Restoration
Supplemental Agreement #2 to #PW-012055(B) between Island County and the University of
Washington for Crescent Harbor Salt
Marsh & Salmon Habitat Restoration, Work Order #175, extending completion
date to December 31, 2004 was approved
by unanimous motion of the Board as presented by Gwen Maxfield, Assistant
Public Works Director.
Amendment #1 – PW-0320-101 - Department of Ecology
Pulled from today’s agenda.
Resolution In the Matter of Establishment of Camano
Watershed
Management Committee
Pulled
from today’s agenda.
HEARING
HELD: PBRS 390/03, Dave Anderson for Whidbey Institute -
Application for Classification as Open Space under the
Public Benefit Rating System
PBRS 390/03 by
Dave Anderson for Whidbey Institute, an application for classification
as Open Space under the Public Benefit Rating System on Assessor’s Parcel Nos.
R32922-106-2800, R32922-064-3430, S7303-00-0000J-0, R32927-492-1650,
R32927-450-1670 and R32927-409-2010, located at 6449 and 6390 Old Pietilla Road
off Campbell Road, South Whidbey. Dave
Anderson was in attendance at the time of hearing in support of approval of
PBRS 390/03.
Jeff Tate, Assistant Planning Director, presented the Staff Report for PBRS
Application for open space land classification OPS #390/03 by Whidbey Institute, submitting Findings, Conclusions and Recommendation
[copy on file] recommending conditional approval with annual review. Whidbey Institute has a series of parcels that total 63.37 acres and request
approval of 55.31 acres of that site to be included in PBRS. The portion
excluded is the developed portion (Waldorf School and Whidbey Institute
Center). The remaining acreage is open where there are trails and some of the
high priority open space resource categories established in PBRS for which they qualify. After having reviewed the application,
points were awarded under PBRS categories, and awarded the Super Bonus category
for having property with at least one high priority resource and which allows unlimited public access or limited public access (due to resource
sensitively) and which conveys a
qualifying conservation, historic or trail easement in perpetuity would be
automatically eligible for the maximum tax reduction (35 points or a 90% reduction). Recommendation is that Open Space Application OPS #390/03 submitted
by the Whidbey Institute, receive the maximum 90% tax reduction for 55.31 acres
of a 63.37 acre site, and be approved subject to conditions cited in the Staff
Report.
Addressing
questions and concerns from the Commissioners about public access and
the easement, Keeva Kroll, Planner,
Planning & Community Development Department, indicated there is
a conservation easement with Whidbey
Camano Land Trust setting the trail and the open space features in perpetuity; the easement is on the entire
parcel for the open space and features
being preserved, more than just
specifying trails, but the trails are part of the easement as well. Mr. Tate stated that the high priority resource was related to a
significant fish and wildlife habitat, a category A wetland on site. Whether
the stream connects with Maxwelton Creek Ms. Kroll did not know, but she confirmed existence of a stream system with the associated wetland;
this is related to wildlife and not fish, not quite certain
about fish being sighted at that area.
As Mr. Tate explained, the basic premise was if they allow unlimited access to the property, and have at least
one significant high priority resource and are
willing to convey part of the
property into a conservation easement they qualify for the super bonus
category. As far as how the general
public will know about the trail system, Whidbey Institute is a well-known
organization with advertised seminars,
and signs at the trailhead. Although the trailhead does not intersect a County road Pietilla Road comes off Campbell Road
and there is a sign to Whidbey Institute, but nothing about the actual
trail posted at the county road.
In response to questions from the Commissioners
about whether or not there is some way
for the public to legally get to the trailhead, Dave Anderson confirmed that there is a parking lot; the road going
in to Whidbey Institute is available for the public to come in and park and use
the trailhead; Whidbey Institute encourages that.
Rufus Rose, Clinton, who lives next door to the property, posed some
questions about administration of
the PBRS program and how the program was working.
Mr. Tate explained that when staff reviewed an application an on-site is
performed to look at the resources
shown by the applicant and also review the conservation easement. On
a monitoring basis the code requires that an annual affidavit be submitted by the applicant demonstrating they are
still using the property under the PBRS conditions. Staff does not go out on site every year, Ms.
Kroll clarified that it is the
same organization, Chinook, who changed name to Whidbey Institute. As far as administration she noted there
were few applications, only 4 or 5 since 1998.
As far as questions about the easement, Mr.
Rose did not know what was
intended. The trails are very easy to see once found. Public notice on Campbell Road that there is a public trail is a
significant point and he encouraged that the Board require that as a condition of approval. There is no parking on Campbell Road and
people have to go into the property
where there is an abundance parking inside but not sure it is a part of
the 55.31 acres in the application.
Chairman McDowell commented that the easement
did not necessarily need to be a surveyed easement but he
did think of easements which state
“in perpetuity” as being
very clear it is for such and such a piece of property and not that some organization intends to do something in the future.
Given the discussion Mr. Tate thought it appropriate
to require some form of notification by posting a sign indicating that the trails are open to public use.
Hearing no further comments from the public, the
Chairman closed the public comment portion.
The Chairman recessed the hearing for five minutes
to review the easement. Reconvening,
Chairman McDowell read from paragraph 7 of the easement under access:
“No
right of access by the general public to any portion of the property is conveyed by this easement. It is the intention of Chinook however to grant permission for
access to its neighbors and friends for their use and enjoyment if such use is not inconsistent with the
purpose of this easement and if it does not interfere with the mission and
quiet enjoyment of Chinook.”.
This implied to him this is not an easement for the public, and he asked that the Board consider a continuation
until Planning staff have an opportunity to research the easement.
Commissioner Shelton moved to continue the public
hearing until January 12, 2004 at 10:30
a.m. Motion, seconded by Commissioner
Byrd, carried unanimously
HEARING
HELD: Ordinance #C-122-03 (PLG-029-03)
An Ordinance concerning Technical Amendments to the Island County Comprehensive
Plan Future Land Use Plan Map and the Island County Zoning Atlas
A Public Hearing was held at 2:30 p.m. as scheduled and advertised for
the purpose of considering Ordinance #C-122-03 (PLG-029-03) An Ordinance
concerning Technical Amendments to the Island County Comprehensive Plan Future
Land Use Plan Map and the Island County Zoning Atlas, directly following the prior hearing.
Mr. Tate characterized the amendments as regular
technical corrections to the zoning atlas.
Three exhibits were included with the ordinance:
A.
What the current zoning maps look like.
B.
Memorandum from Mr. Tate to
the Board explaining each of the technical corrections.
C. What the maps would look like if
the three amendments are adopted.
Map 311 is a
technical correction to change a parcel from current Rural Residential to Rural
Center for a 4,000 sq. ft. lot which is
contiguous to part of Nichols Brothers Boat facility and has been since
at least 1990. When the zoning maps
were done the parcel was so small it was missed. This is a technical correction and the parcel met criteria for
Rural Center zoning when it was created
in 1998 and continues to meet the criteria.
Map 796.
Being done in conjunction with
BLA submitted to the county and will require staff’s administrative approval of
BLA 407/03. It is a BLA and zoning boundary change that would make the zone boundary
between Commercial AG and Rural run
along a creek. This is seen as a way of avoiding having to
deal with proposals to cross creeks in
order to get reasonable use of the property and actually results in the Commercial
AG portion increasing from 29.22 to
30.33 acres.
Map #880. Being done in conjunction with BLA submitted to the county and will require
staff’s administrative approval of BLA
413/03. Currently the two parcels are zoned Rural and Rural Residential. The property zoned Rural Residential would
be expanded in size in order to provide a buildable area on that lot, seen as a good thing because now it is a small
platted lot heavily constrained with
critical areas.
No one in the audience spoke either for or against
the proposed Ordinance and public comment period closed.
By unanimous motion, the Board adopted Ordinance
#C-122-03 (PLG-029-03) An Ordinance concerning Technical Amendments to the
Island County Comprehensive Plan Future Land Use Plan Map and the Island County
Zoning Atlas. [GMA #7431]
BEFORE
THE BOARD OF COUNTY COMMISSIONERS
OF ISLAND COUNTY, WASHINGTON
|
IN THE MATTER OF AN
ORDINANCE CONCERNING TECHNICAL AMENDMENTS TO THE ISLAND COUNTY COMPREHENSIVE
PLAN FUTURE LAND USE PLAN MAP AND THE ISLAND COUNTY ZONING ATLAS. |
) ) ORDINANCE C- 122-03 ) PLG-029-03 ) ) |
WHEREAS, on September 28 and 29, 1998, the Board adopted the
County’s GMA Comprehensive Plan and Development Regulations; and
WHEREAS, by Ordinance C-123-98, the Board also adopted
Chapter 17.03 ICC as Island County’s official Zoning Code to implement its GMA
Comprehensive Plan with the Zoning Atlas as the Official Zoning Map of Island
County the specific pages of which are attached hereto as Exhibit A; and
WHEREAS, certain technical amendments to the Future Land Use
Plan Map and the Zoning Atlas have been identified to ensure that the zoning
designations are consistent with the County Wide Planning Policies which are
described in a memo attached hereto as Exhibit B.
NOW, THEREFORE, IT IS HEREBY ORDAINED that the Board of Island County Commissioners hereby
adopts certain technical amendments attached hereto as Exhibit C to the Island
County Zoning Atlas (Exhibit C to Ordinance C-123-98).
Reviewed this
1st day of December, 2003
and set for public hearing at 2:30 p.m. on the 22 day of December, 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 AND ADOPTED this 22 day of December,
2003.