Board of Island County Commissioners Minutes of Meeting February 2, 2004

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on  February 2,  2004, at 9:30 a.m. in the   Island County Courthouse Annex, Hearing Room, 1 N. E. 6th Street, Coupeville, Wa.    William J. Byrd,  Chairman, Mike Shelton, Member, and Wm. L. McDowell,  Member,  were present.    The meeting began with the Pledge of Allegiance.  By unanimous motion, the Board approved the minutes from

previous meetings January 26, 2004 and January 28, 2004.

 

VOUCHERS AND PAYMENT OF BILLS

 

By unanimous  motion, the Board approved the  January 30, 2004 payroll, and the following vouchers/warrants:    Voucher (War.) #182745 – 182997 . . . . . . . .  . . . . . . . . . $651,667.56.

 

Hiring Requests & Personnel Actions

 

As presented by Dick Toft, Human Resources Director, the Board by unanimous motion,  approved the following personnel action authorization:     

 

Dept.               PAA      Description                Position  #       Action                                Eff. Date

Juvenile Court   #003/04   Prob. Counselor      1402.07            Increase hrs. from       2/2/04

                                                                                                                 .75 to .85 FTE

 

Resolution #C-09-04 Cancellation of UncollectIble Personal Property Taxes as of February 2004

 

Linda Riffe, Island County Treasurer, presented for the Board’s review and adoption a resolution for the annual cancellation of uncollectible personalty taxes [RCW84.56.240], along with the Treasurer’s affidavit that all diligent efforts were made to collect the delinquent taxes due on the accounts listed on Exhibit A, the list of uncollectible personal property taxes.

 

By unanimous motion, the Board approved  Resolution #C-09-04 Cancellation of Uncollectible Personal  Property Taxes as of February, 2004. [Resolution #C-09-04 on file with the Clerk of the Board]

 

Claim for Damages #R03-035 CD BY Otega

 

Claim for Damages #R03-035 CD  by Cruz A. Ortega in the amount of  $1,001.16 was approved by unanimous motion of the Board,  as recommended by Betty Kemp, Director, GSA/Risk Management.  Incident occurred December 11, 2003 when an  Island County operated vehicle struck claimant’s vehicle in the rear end causing the damage.

 

Department of Ecology (CPG) Coordinated Prevention Grant Contract #G0400185   [RM-HLTH-98-0015]

 

 

By unanimous motion, the Board Approved  Department of Ecology (CPG) Coordinated

Prevention Grant Contract #G0400185 in the amount of  $99,000, approved by the Board of Health on January 12, 2004 [RM-HLTH-98-0015].

 

Contracts for Tourism Promotion funded by Island County 2% Hotel-Motel Fund

 

Contracts for Island County 2% Hotel-Motel Tax Tourism Promotion, Public Facilities Fund for the  2004 program year for the following projects and activities approved 12/8/03 were approved and signed on unanimous motion of the Board: 

 

·         -Island County Historical Marker Committee for Island County Historical Marker Brochure $2,300

·         -Island County Farmers' Market Coalition for Promotion of Whidbey Farmers' Markets $600

·         -Meerkerk Rhododendron Gardens, Inc. for Media Packet to advertise 25th Anniversary of     

          Meerkerk   Rhododendron Gardens $2,500

[contracts remaining will be presented for approval 2/9/04]

 

 Special Occasion Liquor LicenseS APPROVED

 

After review and recommendations of approval  by the appropriate County Departments, the

Board by unanimous motion approved the following Applications for Special Occasion Liquor Licenses:

 

·         #092668   W.I.S.E. Music  -   Special Occasion to be held February 14, 2004 from 6:00

                    p.m. to 2:00 a.m.  Deer Lagoon Grange Hall #846, located at 5142 Bayview Road, Langley,

                     Wa.

 

·         #092672   Whidbey Island Waldorf School   -   Special Occasion to be held March 13, 2004

                    from 5:00 p.m. to 11:00 p.m.,  Chinook Conference & Retreat Center located at Old Pietilla

                    Road, Clinton, Wa.

 

Amendment #1 to (#RM- PW0320-101)  - Department of Ecology Grant Agreement #G0000207  Watershed Implementation Actions Project

 

Amendment #1 (RM- PW0320-101) between  Island County and the Department of Ecology,

Grant Agreement #G0000207,  Watershed Implementation Actions Project, a restructuring of tasks with no change to the scope of work or contract amount, was approved by unanimous motion of the Board.

 

Supplemental Agreement #1  - Snohomish Conservation District -  Camano Watershed Stewardship Program-DOE CCCWF Grant #G0000207 [RM-PW-0320-101]

 

 

Supplemental Agreement #1 between Island County and  Snohomish Conservation District

for  Camano Watershed Stewardship Program, DOE CCCWF Grant #G0000207, Watershed Implementation under  Work Order #351 in the amount of  $10,000, was approved by unanimous motion of the Board.

 

Public Input or Comments

 

Rufus Rose, Clinton,  commented from a briefing  he attended Thursday on  scenic byways regarding corridor management plans in accordance with Federal Highway Administration guidelines for Scenic Byways  [25-member  Steering Committee, consisting of Whidbey Island residents working with consultant].  A sample survey had been handed out at the meeting and those present asked to fill out and return.  There was no place on the survey for identification and therefore concern  that a person could fill out the survey numerous times and it could be viewed  as representing “the public” when in fact it would be junk science.  He asked the consultant for a list of attendees at the briefing and was told they were unsure whether  he could have a copy or not, but  would look into it.  From notes he took at the briefing, Mr. Rose relayed staff comments from that meeting:

 

-          State and Federal Grants are available if a  “plan” is adopted 

-          "the whole Island  is within the scope of planning."

-          Island County Transit is heavily involved.

-          cited the Las Vegas strip an  example of a Byway.

-          Byways are 'vision driven,' and are 'non-regulatory.'

-          our  "corridor is a community park."

-          A goal is to get as many visitors out of their cars and into buses as possible.

 

He has some concern that over time this  kind of study seems to work its way into law, and  thought the Board would be very interested to monitor the progress  and perhaps provide guidance. 

 

Commissioner McDowell recalled that the Board was  concerned and a year ago made it clear to the State Department of Transportation that  the result would not be  regulatory at least for Island County. He attended a portion of a meeting in Oak Harbor where the lady making the presentation  stated up front   that it was a non-regulatory project.

 

Commissioner Shelton thought Mr. Rose brought up a  viable concern, that  even though Island County stated this will be a   non-regulatory for  Island County,  there is always the potential when accepting Federal funding that  strings are attached that could result in  Federal regulations.  

 

The Commissioners agreed Mr. Rose’s message was good:  make sure you don’t implement regulations as a result of a grant.

 

 

HEARING HELD:   (continued from 12/22/03 & 1/26/04) - PBR 390/03, Whidbey Institute - Application for Classification as Open Space under the Public Benefit Rating System

 

As scheduled for hearing, continued from 12/22/03 & 1/26/04,   at 10:30 a.m. a public hearing was  held to consider  PBR 390/03, 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 on South Whidbey Island, Wa.

 

Phil Bakke, Planning & Community Development Director, advised the Board that since January 26th , legal assistance was received from the Prosecutor’s  Office suggesting that the application  could be approved subject to conditions in the notice of approval or denial of application,  as well as additional  conditions:

 

1.       That the easement holder,  Whidbey Camano Land Trust, indicate in writing its

                    approval  of Whidbey Institute’s decision to open the trail system to the general public.

 

            2.   In addition to the sign mentioned in condition #5, that Whidbey Institute give advertised

                    public notice of the classification decision and resulting public trail access.

 

Based on request from Doug Kelly, attorney representing Whidbey Institute,  Mr. Bakke asked that the hearing be continued for several weeks.

 

Commissioner McDowell did note his preference that with regard to additional condition #2, public notice be on an annual basis, published both in the North Whidbey and South Whidbey newspapers, with  full description rather than just a parcel number.

 

Commissioner McDowell moved to continue the public hearing  until February 23, 2004 at 2:30 p.m.

Motion was seconded by Commissioner Shelton.

 

Mr. Rose reflected on comments from his conversation with the  Assessor, in summary, understanding that the  deferred tax in the State of Washington is equal to the annual budget of the State of Washington. Island County apparently is  looking into not only the PBRS tax program but other tax deferred programs to confirm compliance with conditions.  Over a period  of a year the Assessor’s Office  spent approximately half-time  recovering $400,000 of revenue  that was not collected because people in the tax deferred programs did not meet the criteria.  He thought it would be appropriate to have the Assessor’s input at the time of application as far as meeting criteria, in PBRS, Open Space, Open AG, Open Timber, and senior citizen exemptions. He complimented  the Board  on the very thorough review of this application under the PBRS system.

 

For clarification, Commissioner McDowell noted that at the time an application is approved, eligibility is confirmed.  He thought what the Assessor was saying was that  over  time some participants in the program (s) may  fall out of the category i.e. exceed the income  at a later time.  The only program the

Board controls is the  PBRS program.  The Open Space Program and  senior citizen tax exemption, are

 

State  programs. 

 

The Commissioners gave further information to note that while  it may be said that it would create an extra $400,000 it really did not.  It could  have some affect at least  initially because as people who  have been in a reduced tax program for some amount of time go out of that program and back into the normal tax structure, have to pay the last seven years’ of back taxes, and those  one-time dollars  would be distributed among the various taxing districts. The  important thing is that the  Board should be as eager as possible to do this because it distributes the remaining tax load to other taxpayers in a fair and just way.

 

Motion, as made and seconded, carried unanimously.

 

Resolution #C-10-04  (PLG-001-04)  Incorporating the Service Area for the Buena Vista Community Club into the Island County Coordinated Water System Plan

 

On Mr. Bakke’s presentation and recommendation of approval, the Board by unanimous  motion approved  Resolution #C-10 -04  (PLG-001-04) Incorporating the Service Area for the Buena Vista Community Club, Camano Island,  into the Island County Coordinated Water System Plan.  As noted by Mr. Bakke, this is a  SEPA- exempt proposal.

[Resolution #C-10-04/PLG-001-04 on file with the Clerk of the Board]

 

Resolution #C-1104  (PLG-004-04) - Annexing Parcels R23034-101-0670, R23034-

059-0670, and Bradshaws Addition into the Current Water System Service Area of the Harbor Hills Water System

 

The Board by unanimous motion approved Resolution #C-11-04  (PLG-004-04) In the Matter of Annexing Parcels R23034-101-0670, R23034-059-0670, and Bradshaws Addition into the Current Water System Service Area of the Harbor Hills Water System, Whidbey Island, as presented and recommended for approval by Mr. Bakke.  The three additional parcels are shown on Exhibit A.

[Resolution #C-11-04/PLG-004-04 on file with the Clerk of the Board]

 

EXECUTIVE SESSION

 

Chairman Byrd announced that the Board  would be meeting in Executive Session today at 11:30 a.m. as  allowed under provisions of R.C.W. 42.30.110 (1) (i) to discuss with legal counsel  potential litigation.  The session was held in the  Conference Room #218, Courthouse Administration Building, and expected to last for approximately 30 minutes, with no announcement afterwards. 

 

There being no further business to come before the Board, on conclusion of Executive Session, the meeting adjourned at Noon.   The next regular meeting of the Board will be on February 9,  2004, at   9:30 a.m.

 

 

 

 

 

                                             BOARD OF COUNTY COMMISSIONERS

                                             ISLAND COUNTY, WASHINGTON

 

 

                                                 ______________________________

                                                 William J. Byrd,     Chairman

                                                                              

                                                                                                                                                                        _____________________________

                                                Mike Shelton,  Member

 

 

                                                _____________________________

                                                Wm. L. McDowell,   Member

 

 

 

 

ATTEST:    ____________­­­­­___________

       Elaine Marlow,

       Clerk of the Board