BOARD OF ISLAND COUNTY COMMISSIONERS MINUTES OF MEETING JANUARY 3, 2005
The Board of Island County Commissioners
(including Diking Improvement District #4) met in Regular Session on January 3, 2005 at 9:30 a.m. in the
Island County Courthouse Annex, Hearing Room, 1 N. E. 6th
Street, Coupeville, Wa. Mike Shelton,
Chairman, Wm. L. McDowell, Member, and
William J. Byrd, Member, were
present.
The meeting began with the Pledge of
Allegiance. Re-elected County
Commissioners Mike Shelton and Wm. L. McDowell were sworn in by Island County
Auditor, Suzanne Sinclair.
By unanimous motion, the Board approved the minutes
from the December 20, 2004 regular meeting and December 22, 2004 special
session.
VOUCHERS
AND PAYMENT OF BILLS
By
unanimous motion, the Board approved the payroll dated December 31, 2004, and
the following vouchers/warrants for 2004 and 2005, with the exception of
Voucher #1401191 to be reviewed with the Health Services Director:
2004 Voucher (War.) #203909-204241 …………………….…
$320,910.01
2005 Voucher
(War.) #203887-203908 ………………………. $162,589.18.
By
unanimous motion, the Board appointed two new members to the following boards:
Northwest Senior Services Board
Gert
Wyse, Camano Island
Term
expires June 30, 2007
Substance Abuse Advisory
Board
James
M. Gervis, Freeland
Term runs until April 1, 2008
Personal Services Contract - Dan
Pedersen
SERVICES FOR MARINE RESOURCES
COMMITTEE (MRC)
Don Meehan, WSU Extension
agent, requested approval to take Dan Pedersen from a county employee position
into a subcontractor status. The proposed contract is well spelled out
and very specific. Proposed effective
date of contract is 1/1/05, and 12/31/04 the last day of Mr.
Pedersen’s employment as a
county employee. Prior to
contract approval, Mr. Meehan requested that the Board approve a waiver of the
bidding process under Island County
Code. The contractor is listed on the Island County Small Works
Roster and has complied with all of the requirements to be on that roster, and
is the only contractor listed providing these kinds of services and is
therefore a sole source contractor.
By unanimous motion, the Board
approved waiver from competitive solicitation as allowed on a case by case
basis under ICC 2.29.030 (B) (12). The Board followed by unanimous motion
approving Contract #RM-EXT-04-0128 in
the amount of $16,900 with Dan Pedersen to perform services for Island County
MRC as Communications Manager, and accepting the resignation of Dan Pedersen as an employee of Island County
effective 12/31/04, verified through Human Resources, and
elimination of the position from Island County’s roster of county employees.
Dispute
Resolution Center Contract
Dispute
Resolution Center of Island County
Contract for Services RM-BOCC-04-0132 between Island County and Volunteers of America Western Washington, Inc.
was approved by unanimous motion of the Board for the period January 1, 2005 - December 3l, 2006, as
forwarded with a recommendation of approval from Betty Kemp, Director, GSA.
Health Contracts Approved
The
Board by unanimous motion approved the following Health Department contracts:
Department of Health
– Consolidated Contract #C13034
RM-HLTH-02-0094 in the amount of $453,771 [2005–06 biennium contract]
Snohomish
Health District Region 3 AIDS Contract
#HD-03-04, Amendment #1
RM-HLTH-99-0014 in the
amount of $69,905 – amendment for the
purpose of redistribution of funding to account/program areas
DSHS
– Medicaid Administrative Match Contract #0063-42385 Amendment #5 RM-HLTH-98-0021, Amendment Amount $250,000.00
to increase contract maximum for Medicaid match for total contract in
the amount of $414,508.57
DSHS
– Medicaid Administrative Match
Contract #0063-42385, Amendment #6
RM-HLTH-98-0021 Amendment Amount
$180,000.00 to increase contract
maximum for Medicaid match.
for total contract in the amount of $594,508.57.
Public Input or CommentS
Lori [McMaster] Hilleary, Langley, brought up
several subjects.
Water front property just south of Lagoon Point. Client, Doug McKenna,
purchased the property in 2000 and continues to have problems building a garage
because the County Planning Department requires 25’ from the property
line. The Prosecuting Attorney told her
client that it is a civil matter and would need to contact his own attorney,
which he has done. The situation seems
at a standstill and she’s concerned about what can be done.
Chairman
Shelton commented that this was an apparent legal conflict now being worked out
by attorneys and for the Commissioners to interject themselves into that
would be inappropriate.
McMaster Road. Understanding that Ms.
McMaster wrote a letter disputing that the County owned the road and believed
no one yet had proven it is a county road and
Ms. Hilleary advised that an attorney in Seattle would decide that.
The
Chair recalled that the determination
had already made by a previous Board
of County Commissioners some years ago
that McMaster Road was a county road.
Hillside above Saratoga Beach.
Apparently taking it out of open
timber and planning to develop and expressed concern about impacts that would
have on down hill property owners that already have unstable banks and inadequate ditches.
Chairman
advised that it would be appropriate for Ms. Hilleary to provide her comments
at the public hearing scheduled for
today at 10:30 a.m. on OPS 349/0-4 by C&G Timber, Inc.
Resolution
#C-01-05/R-01-05 - Petition to vacate a
portion of County Road right-of-way known as Howard Road and Bayview Road
As
recommended by Bill Oakes, Public Works Director, the Board by unanimous motion
scheduled a public hearing on February 7, 2005 at 10:15 a.m. to consider
Resolution #C-01-05/R-01-05, Petition
to vacate a portion of County Road right-of-way known as Howard Road and Bayview
Road located in Sec. 17, Twp 29N., R
3E, by Petitioner Kelly, Harvey &
Carbone, LLP on behalf of Ed & Marge Gemkow, et.al.
Resolution
#C-02-05/R-02-05 – Petition to vacate a portion of County Road right-of-way
known as Crosby Road
On recommendation of Mr. Oakes, the Board by
unanimous motion scheduled a Public Hearing for February 14, 2005 at 10:15 a.m. to consider Resolution
#C-02-05/R-02-05, Petition to vacate a portion of County Road right-of-way known
as Crosby Road located in Sec. 28, Twp
33N., R 1E, by Petitioners James &
Clarice Taylor.
STORMWATER MITIGATION
AGREEMENTS AND COVENANTS APPROVED
As
presented and recommended for approval by Mr. Oakes, the Board by
unanimous motion approved the following Stormwater Mitigation
Agreements & Covenants:
Stormwater
Mitigation Agreement & Covenants –#RM-PW-0420-129 between Island
County and James Edgar Burningham, Lot
14, Division #1, Bradshaw’s Addition;
Sec. 3, Twp. 29N, R 2E.
Stormwater
Mitigation Agreement & Covenants #RM-PW-0420-136 between Island
County and Phil N. & Julie R. Neri,
Lot 2, Blk 1, Division #1, Plat
of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp. 29N, R 2E.
Stormwater
Mitigation Agreement & Covenants #RM-PW-0420-110 between Island County & Harold L. & Nancy L.
Allmer, Lot 1, Blk 2, Division #9, Plat
of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp 29N, R 2E.
Stormwater
Mitigation Agreement & Covenants #RM-PW-0420-161 between Island
County and High Grade Homes, LLC, Lot
24, Blk 2, Division #6, Plat of Holmes Harbor
Golf & Yacht Club, Sec. 3, Twp 29N,
R 2E.
Stormwater
Mitigation Agreement & Covenants –#RM-PW-0320-158 between Island
County and Julie Julison, Lot 6, Blk 4,
Division #6; Plat of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp 29N, R
2E.
HEARING HELD:
OPEN TIMBER APPLICATIONS
A Public Hearing was held at 10:30 a.m. as advertised, for the purpose of
considering Open Timber
Applications OPS 349/04, C&G Timber,
Inc.; OPS 348/04, C&G Timber, Inc; and OPS 336/04, Glenn & Rebecca
Drumheller. Island County Planning and
Community Development Department through Phil Bakke, Director, and Jeff Tate,
Assistant Director, presented the applications and brief overview of each
application along with staff recommendation.
Open Timber
Applications OPS 349/04, C&G
Timber, Inc.
Proposal is to shift 152.41
acres from the Designated Forest Tax Program to the Timber Land Current Use
Classification on Parcels
R23013-199-1960, R23013-343-1880, R23013-444-2100, R23013-438-1000 and
R23013-492-0410 located on South
Whidbey. The applicant submitted and
the County staff reviewed and approved a forest management plan in conjunction
with the proposal and determined it to be adequate to meet requirements of RCW.
Questions were posed by Lori [McMaster] Hilleary,
Langley, about potential
short-platting, minimum lot size requirements and flexibility that would allow
the property owner to sell parcels for development, and concerns about
potential development and anything that would guarantee folks below would not
be flooded out.
Mr. Tate explained that zoning prescribes how the parcel can be divided and what the
minimum lot size is. There are
different minimum lot size requirements in order to be in the tax program, but
it is zoning that controls how small
the parcels can be. There is no link
between the tax program and the zoning.
In this case the property is zoned Rural Forest and has a ten acre minimum lot size. Zoning will
remain Rural Forest ten acre and this OPS application is not a precursor to a
request for different zoning
category. There is a totally separate
set of criteria for a zone change which would require a separate public hearing. In his experience, he has yet to
see this type application approved where someone came in and asked for a
zone change afterwards. The tax program consists of a different set of
criteria with a specific forest management program on management of the land. Anyone in a tax program can remove one acre of land from the program and develop a
home site through a separate request
and would be required to pay back taxes on that one acre. If someone were to buy a ten acre piece
or the current owner wanted to develop
a 10 acre piece or as many ten acre pieces as possible each one of those would
require a Class Four forest practice permit as well as a clearing and grading permit from the
County. One of the clearing and grading
permit standards requires that host
development rate of runoff not exceed
the pre-development rate of runoff. The
clearing and grading process triggers a
public notice and public process, a separate decision that can be appealed.
Jim Adsley, 3280 Saratoga
Road, noted that the property had been clearcut about two years’ ago and a
1500’ improved road, to him a signal of future development. He was curious that there had been no public
notice on this proposal and assumed it was some kind of precursor to another
step, and inquired about the change in tax status on taxes.
Right now the property is in
Deferred Forest, a deferred tax program, and Mr. Tate explained that
because the property is retained
in forestry the owner receives a
reduced tax. Should the property go
into Open Timber the tax actually would not
fluctuate much, and continue at
least until the owner wants to develop the property. It is someone who may buy the property
and want to remove at least an acre of
land who would then have to pay full taxes on that one acre. The tax program and the shifting between tax
programs is noticed under law in a different way than a short plat or clearing
and grading permit. Mr. Tate confirmed
staff review and approved a forest management plan for this site as required by State of Washington
Department of Revenue laws, and staff recommendation is approval of the
application.
By unanimous motion the
Board approved Open Timber Application
OPS 349/04, C&G Timber, Inc. to
shift 152.41 acres from the Designated Forest Tax Program to the Timber
Land current use classification, on
Parcels R23013-199-1960, R23013-343-1880, R23013-444-2100,
R23013-438-1000 and R23013-492-0410 located on
South Whidbey.
OPS 348/04, C&G
Timber, Inc.
OPS 348/04 by C&G Timber, Inc. is a proposal to shift 145.77 acres from Designated Forest Tax Program to Timber Land current use classification on Parcels R23119-197-4810, R23119-234-3820, R23119-395-3410, R23119-352-4950 and R23119-432-4440 located in Central Whidbey. Mr. Tate confirmed staff had reviewed and approved a Forest Management Plan for the property and staff recommends approval of the application.
At the time the Chairman called for public comments, no one in the audience commented either for or against OPS 348/04.
By unanimous motion the Board approved OPS 348/04 by C&G Timber, Inc. to shift 145.77 acres from Designated Forest Tax Program to Timber Land current use classification on Parcels R23119-197-4810, R23119-234-3820, R23119-395-3410, R23119-352-4950 and R23119-432-4440 located in Central Whidbey.
OPS 336/04, Glenn &
Rebecca Drumheller.
OPS 336/04, Glenn &
Rebecca Drumheller is a proposal to shift 19.9 acres from Designated Forest Tax
Program to Timber Land current use classification on Parcel No. R23129-335-1000
located in Central Whidbey. Mr. Tate
confirmed staff had reviewed and approved a Forest Management Plan for the property
and staff recommends approval of the application.
Again when
the Chairman called for public comments, no one in the audience spoke either
for or against OPS 336/04.
By unanimous
motion the Board approved OPS 336/04 by Glenn & Rebecca Drumheller to shift 19.9 acres from Designated Forest
Tax Program to Timber Land current use classification on Parcel No.
R23129-335-1000 located on Central
Whidbey.
Final
Long Plat PLP 118/04, Holmes Harbor Community Partners, LLC. Final approval of
Katydid Court Cottages
As
submitted with a recommendation of approval by Mr. Bakke and Mr. Tate, the
Board by unanimous motion gave approval for Final Long Plat PLP 118/04 by
Holmes Harbor Community Partners, LLC, final
approval of Katydid Court Cottages, a long plat consisting of 9 lots on
7.67 acres in the Rural Residential zone, located a mile north of the
intersection of SR 525 and Honeymoon Bay Road on the west side of Honeymoon Bay
Road, between Spinnaker Drive and Good Piper Lane on South Whidbey Island, in the
NW quarter of section 3, Township 29 North, Range 2 East, W.M., Island County,
Washington. (Assessor’s Parcels S7165-08-0000B-1, S7165-08-0000B-2, and
S7165-08-0000B-5).
There being no further business to come before the Board at this time, the meeting adjourned at 10:56 a.m. The next regular meeting of the Board will be on January 10,
2005 at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
ISLAND COUNTY, WASHINGTON
______________________________
Mike Shelton, Chairman
_____________________________
Wm. L. McDowell, Member
_____________________________
William J. Byrd, Member
ATTEST: _______________________
Elaine Marlow, Clerk of the Board