BOARD OF ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING - APRIL 19, 2004

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on  April 19, 2004  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 the April 12, 2004  meeting.

 

VOUCHERS AND PAYMENT OF BILLS

 

The Board by unanimous motion approved the April 15, 2004 payroll, along with approval of the following   vouchers/warrants:    Voucher (War.)  #187284 to 187515 . . . . .$ 251838.62.

 

Hiring Requests & Personnel Actions

 

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

 

Dept.               PAA #   Description                    Position  #          Action     Eff. Date

Auditor            033/04   Voter Regis. Deputy          207.00           Replacement         4/19/04

Prosecutor       034/04    Paralegal/Legal Secy. II   1808.00          Personnel Action  5/1/04

                                                                                                 [grant funded] 

Public Works  035/04    SW Attend. .4 fte              2249.06          Replacement         4/19/04

Public Works  036/04    Wtr.shed Proj. Mgr. .5 fte 2266.07          New Position        4/19/04

               [grant funded]

APPOINTMENT TO  SNO-ISLE REGIONAL LIBRARY BOARD

 

The Board by unanimous motion appointed Jacquelyn M. DeFazio of Camano Island to serve as one of two Island  County representatives on the Sno-Isle Regional Library Board  to fill the vacancy left on resignation of Denise Depont,  for an exiting term to run until January 1, 2009. 

 

TRANSFER OF ISLAND TRANSIT  SURPLUS VANS TO ISLAND COUNTY

 

In accordance with discussion during the Board’s Staff Session with GSA April 7,  Betty Kemp, GSA Director, brought forward  the request for approval by Island County to accept  two surplus vans from Island  Transit at zero cost to the County,  for acceptance into the county’s motor pool program and to provide  for provision of community service programs.  Description  of the vehicles and license numbers are as stated in Ms. Kemp’s memorandum recommending acceptance  dated April 16, 2004.

 

The Board, by unanimous motion, accepted the  two surplus vans from Island  Transit as recommended.

 

Trailhead at Scenic Heights – Conservation Future  Funds

 

As explained in a memorandum dated April 16, 2004, Ms. Kemp requested permission to voucher for $60,000 from Conservation Futures Fund  to be delivered to the  City of Oak Harbor for the Oak Harbor Trailhead at Scenic Heights.  The  Real Estate Purchase and Sales 

 

 

Agreement for the project has been completed.  The project was approved for the 2003 Conservation Futures Projects cycle July 21, 2003.

 

By unanimous motion, the Board authorized a voucher for $60,000 be prepared from Conservation Futures Funds for the Scenic Heights  trailhead for approval on April 26, 2004.

 

HEARING HELD:   Resolution #C-29-04 Amending the 2003 Island County Budget

 

At 9:50 a.m. as scheduled and advertised, the Board opened a Public Hearing  to consider Resolution #C-29-04 Amending the 2003 Island County Budget.  Elaine Marlow, Budget Director,  in summary noted this 2003 budget resolution results in  expenditures matching the  budget.  All expenditures as detailed in Exhibit A were approved by the Board, and basically are housekeeping in nature.

 

At the time the Chair opened the hearing for comments, no one spoke either for or against Resolution #C-29-04.

 

By unanimous motion, the Board approved Resolution #C-29-04 Amending the 2003 Island County Budget. [Resolution on file with the Clerk of the Board]

 

Review Monthly Financial Reports from Auditor & Treasurer

 

Auditor

 

Anne LaCour, Chief Deputy Auditor, presented the Auditor’s written financial report  for the  period  ending March 31, 2004.  Percent to budget this point in the year is 25%, and the report indicates  revenues and expenditures pretty much in line with last year at this time.  Only note of interest is that the  total for special fund expenditures is lower than the norm due to  community health paying back a loan from Solid Waste.

 

Treasurer

 

Mark Heistad, Chief Deputy Treasurer, submitted the Treasurer’s written report for the same period.  The 25 % mark is more than reached revenue wise  in most categories; nothing unusual to report.   This month the office will make more adjustments with data software and try to do some compensating tax distributions.

 

New application for Liquor License # 086245041-3C  -  Deception Pass Enterprises, Inc. -  Lams Golf Links

 

Based on a letter from the Planning and Community Development Department dated April 16, 2004 indicating that applicant has opted to hold off on obtaining the license until later in the year when he can provide further information  to the County and State, the Board  pulled the item from the agenda.   

 

Public Input or Comments

 

Lori Hilleary, Clinton, had two concerns:

 

·         Speed Limit concerns in the vicinity of Saratoga Beach, a plat about 2-1/2 miles long adjoining with Saratoga Road.  Where   Saratoga Road meets  East Harbor Road, the

speed  limit is  25 mph, then goes to 35 mph  a short distance, and to  50 mph through a highly dense  residential area.  At the end of the plat is a good size turn and three  driveways.  Her suggestion was that the speed limit be 35 mph and that  once around the corner leaving the plat, the limit be 50 mph.

 

·        Type 5 Stream setback.  Having done some  research on the Internet and looking at different counties trying to find justification for 50’ setbacks for non-bearing fish streams, found none.  Why when all  other counties have a 25’ setback does Island County require 50 feet?

 

Commissioner Shelton in response to the concern about speed limits, observed that particular stretch of road was one the County fairly recently reviewed and performed a speed study, and on Saratoga Road extended the  35 mph from the hairpin corner to the start of  Saratoga Road some distance from that corner where Baby Island and Saratoga roads come together. East Harbor Road is a main county arterial and the County tries as much as possible to make those a

speed which  allows people to travel safely, recognizing it is one of the more  heavily used roads and therefore left the remainder at  50 mph.   He pointed out that the Public Works Director was in the audience and would  take Ms. Hilleary’s  comments under advisement.

 

With regard to the  25’ setback, Commissioner Shelton noted  that issue was  part of the County’s Comp Plan that was appealed.   The Growth Management Hearings Board reversed the County’s decision on 25’ setbacks; Superior Court agreed with the County for a 25’ setback; and the Court of Appeals reversed Superior Court’s decision and required a  50’ setback. Island County filed a motion of reconsideration to the Court of Appeals.

 

Commissioner McDowell added to note that the issue is out of the County’s hands and with the court system.  Starting in  2005 the County will reopen the  Comp Plan and that will provide an opportunity for Ms. Hilleary to  become involved with the process, starting at the Planning Commission level.

 

Chairman Byrd suggested Ms. Hilleary contact the AG folks in Skagit County, having evidence showing that  buffers established really are not all that meaningful and in fact in some cases, found that  bringing livestock down to a stream is beneficial.

 

Leslie Mills, WAIF Executive Director, presented the WAIF (Whidbey Animals’ Improvement Foundation)  2003 Annual Report.  The County contracts with WAIF to provide for a five-day care period for dogs.  WAIF does that and so much more.  Highlights from the Report:

 

·         461 dogs came to the shelter; 142 were returned to owners; 94% of incoming stray dogs    

      found new homes.

 

·         550 cats were brought to the shelter; adoption rate was 97%.   160 cats suffered from upper     

      respiratory illness, a 29% drop over 2002

 

·         WAIF animals spent 3,173 hours in foster care; 53 families received crisis care assistance

 

 

·         Volunteers logged over 6,000 hours; over 800 donors provided financial support

 

·         Retail operations  made a net profit $115,429.

 

·         Site selections are being considered for construction of a new shelter, probably 4-5 year

      timeframe

 

Commissioner Shelton observed that  WAIF  certainly was an outstanding organization that handled  a problem he did not know how it would be handled otherwise, and expressed the Board’s gratitude for WAIF and all its good work.

 

AWARD OF BID FOR Terry’s Corner Park & Ride

 

Bill Oakes, Public Works Director, presented the matter of awarding bid for  Terry’s Corner Park & Ride, under  CRP 01-03, Work Order 289, to Jenkins, Inc. in the amount of $531,467.60, the low bid.  Mr. Oakes advised the Board that the Agreement between the Washington  State Department of Transportation (WSDOT) and Drainage  District #5 (DD #5) had not been signed, the Regional Administrator for WSDOT expects to have the signed agreement this afternoon or in the morning; the agreement has been approved by the State  Attorney General’s office.  His request was that the Board approve and authorize the Chairman’s signature on the bid award once the County receives a signed copy of the agreement between WSDOT and DD#5.

 

Commissioner McDowell moved to authorize the Chairman’s signature on the  bid award for Terry’s Corner Park & Ride, under  CRP 01-03, Work Order 289, to Jenkins, Inc. in the amount of $531,467.60  once the County receives a signed agreement between the  WSDOT and Drainage District #5.  Motion was  seconded by Commissioner Shelton.

           

Under discussion, in response to a question from Rufus Rose, South Whidbey, as to whether the property was zoned commercial, Commissioner Shelton stated that the property was zoned appropriately for this parking lot. 

 

Mr. Rose commented that whenever the County allows removal from potential commercial use property, there should be an off-setting addition of commercially-zoned property.    A parking lot generates no revenue, and had it been used for commercial purposes, would generate significant revenue.  Since the spirit of the Comp Plan and GMA is to keep that kind of thing in balance, Mr. Rose urged that the Board consider  some mechanism so that whenever commercially zoned property is taken out of potential commercial use, to return the same volume of property contiguous to that area.

 

Motion, as made and seconded, carried unanimously.

 

Supplemental Agreement No. 4 – PW-0120-20 - Fakkema & Kingma -  Bogue Pit Operations & Reclamation Plan

 

Based on recommendation of the Public Works Director, the Board by unanimous motion approved  Supplemental Agreement No. 4,  PW-0120-20 between  Island County and Fakkema

 

 

 

& Kingma for the Bogue Pit Operations & Reclamation Plan, extending completion date to  March 31, 2006.

 

Quit Claim Deed – Island County & Maria Eugenia Gargari Nochlin; Maple Grove Road

 

Quit Claim Deed on behalf of Island County was accepted and approved from Maria Eugenia Gargari Nochlin by unanimous motion of the Board, relating to  Maple Grove Road, Parcel R23223-433-3280; Sec. 23, Twp 32N., R 2E., Work Order  #296, with compensation in the amount of $8,300.00.

 

Ordinance #C-16-04 (Supplement) – Findings of Fact Justifying

Adoption of Interim Ordinance C-16-04, PLG-007-04, Thunder Ridge

Division No. 2, Critical Drainage Area Designation

 

Following unanimous  motion of the Board during Special Session held on Tuesday, April 13, 2004 on Camano Island, repealing the Interim Official Control designating Division  2 of the Plat of   Thunder Ridge as a Critical Drainage Area,  the Board at this time,  as presented by Bill Oakes, Public Works Director, unanimously voted to acknowledge receipt of signed Drainage agreement dated April 1, 2004   between Crosswind Landings, Inc.  and TR Camano, Inc. Further, on presentation by Mr. Oakes, the Board by unanimous  motion approved  Ordinance #C-16-04 (Supplement) – Findings of Fact Justifying Adoption of  Interim Ordinance C-16-04, PLG-007-04, Thunder Ridge Division No. 2, Critical Drainage Area Designation.      [Ordinance #C-16-04 (Supplement) along with copy of the signed Drainage Agreement, placed on file with the Clerk of the Board]

 

SPECIAL SESSION - APRIL 20, 2004

 

The Board will meet in  Special Session  on April 20, 2004, from 7:00 p.m. to 8:30 p.m. at the   Coupeville Middle School Performing Arts Center, 501 S. Main Street, Coupeville, to review hunting and shooting concerns on Whidbey Island.

 

With no  further business before the Board at this time, the  meeting adjourned at 10:22 a.m.   The next regular meeting of the Board will be on April 26, 2004 at 11:00 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