BOARD OF ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING-AUGUST 2, 2004

 

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on  August 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 the July 26, 2004  meeting.

 

VOUCHERS AND PAYMENT OF BILLS

 

The payroll dated July 30, 2004 as well as the following vouchers/warrants were approved for payment by unanimous motion of the Board:      Voucher (War.) #194988 -  195210 . . . . . . . . .$313,648.67. 

 

Hiring Requests & Personnel Actions

 

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

 

Dept.               PAA #   Description                    Position  #    Action                   Eff. Date

GSA                  068/04   Risk Adm Asst .8 fte      1508.00       Replacement     8/2/04   

GSA                069/04   DES Deputy Director      1305.00       Replacement     10/1/04

GSA                  070/04   GSA/Park Tech              1505.02       Replacement      9/13/04

Public Works  066/04   SW Opera. Super.           1716.00       Replacement      9/1/04

  

Re-appointment to Noxious Weed Control Board

 

By unanimous motion, the Board reappointed Wilbert Stipe, Greenbank, to the Noxious Weed Control

Board, representing  District III for a term to July 6, 2008.

 

HEALTH CONTRACTS APPROVED

 

Having had an opportunity to review and discuss health contracts  with the Health Services Director at a previous staff session, the Board by unanimous motion approved the following:

 

§         Health-Consolidated Contract #C08679, Amendment #11  (RM-HLTH-02-0094)

Amendment amount of  $10,114; new  total contract $1,017,980

       to fund the  water recreational beach monitoring and posting project                                                                               

§         DSHS-WorkFirst  Contract #0463-53024 (RM-HLTH-02-0062), a fee for service

      contract  to continue  services to families with children with special needs            

 

§         DSHS-Working Capital Advance  Contract #0463-54558 (RM-HLTH-03-0066)

for working capital/advance funds to alleviate cash flow problems associated with

       time lags between payment of county services              

 

§         ACS Image Solutions-Digitizing Project  Contract #HD-06-04 (RM-HLTH-04-0064)

in the amount of $13,500 - scanning & digitizing of Environmental Health on-site records.             

 

 

 

 

                  Public Input or Comments

 

Lori Hilleary, Langley, Kim McMaster, Freeland, Bonnie Pemberton, Freeland, attended the meeting to relay concerns about the status of the ownership of McMaster Road.

                                                                                            

Ms. Hilleary addressed the Board, having previously  called the Board’s attention to this  issue during  public input portion of the July 26, July 19 and July 12, 2004 Board meetings.  She was now in receipt of a letter  dated July 21, 2004 from Bill Oakes, Public Works, Director and Dick Snyder, County Engineer entitled “McMaster Road  Status”.    She submitted a packet of information, current and historical, containing various information related to McMaster Road ownership   [packet  placed on file with the Clerk of the Board]  to back up her contention that  McMaster Road has been and is now a private road.  She  came  to the dais and displaying a  map to show the  Commissioners a short plat proposed in  1984 by Collins with regard to  McMaster Road and parcels along that road -  a private road, 8’ wide,  built by her great grandfather Duncan McMaster.  Ms. Hilleary indicated that the  Collins short plat was denied until 1987; the question of ownership of the road all came about as a result of the short plat approval, which she believes should never have been approved.  She disagreed  that  by prescription the County could claim the road.  As far as initiating a road vacation action, her question would be:  “ how can the County vacate something it does not own?”.

 

Ms. Pemberton expressed concern, observing a  problem that was created by the County yet the property owners being asked to take it to court for resolution;  and concerned too that  the length of the county road keeps growing, now showing it will come across fifteen feet of her land.  She asked for some clarification about the right of prescription on property  the County can take over.

 

Commissioner Shelton was aware there are various    prescription roads in the county – roads that are built on property that the County owns by prescription, not by deed.  He, along with Chairman Byrd, recognized this to be a  convoluted  situation, suggesting perhaps the need for a court ruling on the status of McMaster Road.   Commissioner  McDowell suggested to Ms. Hilleary the need that she   put in writing in a clear statement what it is she wants the Commissioners to do and the Board can then review the request. 

 

Ms. Pemberton’s question was more of a legal question  and Commissioner McDowell committed to the County  obtaining an answer, and scheduled a meeting to occur after today’s Board meeting, that  he would attend with Ms. Hilleary, Ms. McMaster and Ms. Pemberton,  the Public Works Director and County Engineer, to  work through some of the issues and hopefully answer questions about what county prescription means.

 

PUBLIC HEARINGS:  FRANCHISE APPLICATIONS

 

At 10:20 a.m. as advertised, a Public Hearing was held for the purpose of considering three franchise applications:

 

·         Franchise # 122R – PW-0320-59; Island County & Livingston Bay Community Association; Franchise for renewal of existing water distribution system; Plat of Livingston Bay, Division No. 1; Sec. 28/29, Twp 32N., Rge 3E.

 

 

 

 

·         Franchise #325 – PW-0420-92; Island County and Mossy Rock Water Association; Franchise for new water distribution system; East Harbor Road; Sec. 35/36, Twp 30N, R 2E.

 

·         Franchise #326 – PW-0420-83; Island County & Jeremiah & Shannon O’Leary; Transfer of franchise for existing sewer distribution system; Holmes View Drive; Plat of Saratoga Beach, Div. No. 5, Sec. 23, Twp 30N, R 2E.

 

Bill Oakes, Public Works Director, provided the departmental  report and recommendation of approval for all three franchise applications, as outlined in memorandums  to the Board from the County Engineer. 

 

The President, Secretary-Treasurer and a Board  Trustee of the Livingston Bay Community Association were present in support of approving the franchise application.   The only inquiry was the length of franchise, to which  Mr. Oakes responded was twenty-five years.

 

No other comments were made either for or against any of the three franchise  applications.

 

By unanimous  motion the Board approved Franchise #122R by  Livingston Bay Community Association; Franchise  #325 by  Mossy Rock Water Association; and Franchise   #326 by Jeremiah & Shannon O’Leary.

 

CONSTRUCTION EASEMENT AND QUIT CLAIM DEED APPROVED – BAYVIEW

ROAD CRP 98-17 - Marjorie A. Robinson, Janice E. Vaughan, and Arthur J. & Dorothy Burke

 

As presented and recommended by Mr. Oakes, the Board approved the following Construction Easement and Quit Claim Deed associated with Bayview Road Project, CRP 98-17:

 

§         Construction Easement #PW-0420-55 - Marjorie A. Robinson, Janice E. Vaughan and

      Arthur J. & Dorothy Burke,  Parcel 064-1740, Sec. 5, Twp. 29N, R 3E.  [mutual benefit    

      construction easement to reconstruct access after construction]

 

§         Quit Claim Deed - Marjorie A. Robinson, Janice E. Vaughan, and Arthur J. & Dorothy Burke in the amount of  $2,920.00 for land, Parcel 064-1740, Sec. 5, Twp 29N., R 3E.   [additional right of way for Bayview Road].

 

Amendment 4 - #SW-06-04 -  SCS Engineers

 

The Board approved by unanimous motion  Amendment  #4, Agreement #SW-06-04 between  Island County and SCS Engineers for Hydrogeologic Field Characterization and Groundwater Monitoring Network Enhancement, Landfill Gas Investigation, to change the scope of work to include pre-bid   construction services;  construction oversight; startup of the gas control system additions and upgrades;

adding drainage improvements to landfill gas system upgrade bidding documents, with an increase in contract amount by $45,234.00.

 

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 of the Board will be on  August 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