Legal Notices: County of San Juan

AGENDA

SAN JUAN COUNTY HEARING EXAMINER

Friday, June 27, 2003

Location: Garden Room, Key Bank, Friday Harbor

Time: 10 a.m.

— Public hearing on an application by Mitchell and Melany Stroum for a Shoreline Substantial Development Permit for a joint use dock at 152 Newton Beach Road, Shaw Island. File #03SJ005. lm

— Public hearing on an application by Tri-Grand Limited Partnership for a Shoreline Substantial Development Permit for a joint use community dock west of Elliott Road, Lopez Island. File #03SJ004. lm

— Public hearing on an application by John Stieber and Karen Gimse for a Plat Alteration of Salmon Point, 109 Barlow Bay Road, Lopez Island. File #03ALT003. fs

LEGAL No. SJ-1057

NOTICE OF MEETING

SOLID WASTE ADVISORY COMMITTEE

The SOLID WASTE ADVISORY COMMITTEE for the San Juan Islands will meet at noon on Monday, June 23, 2003 in the Garden Room at Key Bank, located at 95 Second St., in Friday Harbor.

LEGAL No. SJ-1058

CALL FOR BIDS FOR ROAD STRIPING ON

SAN JUAN, ORCAS, LOPEZ and SHAW ISLANDS,

SAN JUAN COUNTY

The San Juan County Board of Commissioners will receive sealed bids to apply striping on roads located on San Juan, Orcas, Lopez and Shaw islands, in San Juan County.

The scope of the work is to apply 13.314 miles centerline skip strip, 99.073 miles centerline double yellow stripe, 16.005 miles of centerline skip with no-pass stripe, and 151.629 miles of edge stripe.

Contract Documents are available at the office of Public Works Department, 915 Spring St., PO Box 729, Friday Harbor, WA. 98250. Phone (360) 378-2114.

Bids will be opened on Tuesday, July 8, 2003 at 3:15 p.m. in the Commissioner's Hearing Room, San Juan County Courthouse, 350 Court Street, No. 1, Friday Harbor, WA 98250.

LEGAL NO. SJ-1059

NOTICE OF PUBLIC HEARING

The San Juan County Board of Commissioners will conduct a public hearing on July 1, 2003 at 10 a.m. in the Commissioners’ Hearing Room, Courthouse, 350 Court St., Friday Harbor, WA., to receive testimony on the final audit and review of the project performance of Lopez Children’s Center Community Development Block Grant No. 01-64021-060.

Citizens wishing to submit written comments, but cannot appear at the hearing, may send them to: Board of County Commissioners, 350 Court Street No. 1, Friday Harbor, WA 98250 by 4:30 p.m. Thursday, June 26, 2002. Written comments will be accepted at the hearing.

LEGAL NO. SJ-1060

SUMMARY OF MINUTES

SAN JUAN COUNTY, WASHINGTON

BOARD OF COUNTY COMMISSIONERS

TUESDAY, JUNE 3, 2003

CALL TO ORDER

BOCC Chair Miller called the meeting to order at 9:00 a.m., in the BOCC Hearing Room. Commissioners Nielsen and Evans and a deputy clerk of the board were present. The flag salute was conducted.

CITIZEN ACCESS TIME

1. Peggy Weir regarding the request for BOCC consideration of a proposed resolution concerning challenges to portions of the Patriot Act.

2. Jim Lawrence regarding a request for BOCC assistance for local farmers with Department of Agriculture regulations.

3. Dennis Hazelton regarding his opposition to the adoption of a proposed resolution concerning portions of the Patriot Act.

ANNOUNCEMENTS/SCHEDULE CHANGES

The posted BOCC Discussion Matters Agenda was revised. Commissioner Evans requested the BOCC consider holding a discussion in the afternoon with the Prosecutor, Environmental Health Manager, and interested local farmers regarding Department of Agriculture regulations issues. The BOCC agreed.

APPROVAL OF MINUTES

Moved by Nielsen, seconded by Evans, to approve the minutes of May 20, 2003. Motion carried.

CONSENT AGENDA

Moved by Evans, seconded by Nielsen, to approve the Final Consent Agenda of June 3, 2003, as follows:

A. Resolutions/Ordinances:

1. Resolution No. 53-2003 — Adopt the resolution granting the Open Open Space Classification to Frederick Russell and Mary-Susan Ayre on 99.49 acres, San Juan Island, File No. 00OS003, pursuant to the public hearing held on April 22, 2003.

B. Contracts/Agreements:

1. Contract No. 03FR01 — Sign the contract between SJC and Butler Creek Construction for construction of an 1,800 square foot pole frame structure at the SJC Fairgrounds in the amount of $49,127.36, under the terms and conditions outlined therein, pursuant to the bid opening held on April 29, 2003 by Public Works using the Small Works Roster process.

C. Appointments:

1. Approve the reappointment of Joyce Burghardt to the Eastsound Planning Review Committee to a two-year term beginning May 2003 and expiring May 2005.

2. Approve the appointment of Carl Poschman as the designated representative for SJC in all matters related to Homeland Security for Region One and the appointment of Julie Knight as the alternate.

D. Correspondence:

1. Sign letter to Joyce Burghardt reappointing to a two-year term on the Eastsound Planning Review Committee with term beginning May 2003 and expiring May 2005.

2. Approve the chair’s signature on the letter to Nancy Franze, Regional Coordinator, Homeland Security Region 1, Snohomish County Emergency Management, as notification of the appointment of Carl Poschman as the designated representative for SJC in all matters related to Homeland Security for Region 1 and the appointment of Julie Knight as the alternate.

3. Sign the letters and certificates of recognition to those employees who are being honored for their services to SJC for five, 10, 15, and 25 years of employment with the County.

E. Miscellaneous:

1. Sign the Signature Authorization form for the State of WA, Department of Community, Trade & Economic Development, for the 2003-05 Biennium Application for funding under State Contract No. M04-67003026, for SJC No. 02HC44.

2. Approve moving forward with a public hearing on the proposed SJC Code, Chapter 12.08 amendments dealing with County Park management, as presented by the Park Superintendent in the staff report dated May 29, 2003; and to direct the Superintendent to schedule the hearing with the Clerk of the BOCC. Motion carried.

ACTION ITEMS

BUDGET ITEMS/WARRANTS: 1. New SJC Budget Process — (Refer to PUBLIC HEARINGS/MEETINGS, 11 a.m., for details.)

PERSONNEL ISSUES: 1. Proposed Changes to Non-Represented Employee Salaries — (Refer to WORK SESSIONS, 1:30 p.m., for additional details.)

MISCELLANEOUS ITEMS: 1. Request from the Marine Resources Committee (MRC) for BOCC Direction Regarding Development of a SJC Marine Stewardship Area. Present: Jim Slocomb, MRC Chair; and Laura Arnold, SJC Planning Director.

Mr. Slocomb asked the BOCC for its approval of the proposal for a Marine Stewardship Area in SJC. This work product was part of the approved MRC 2003 Work Program accepted by the Board on January 14, 2003. The stewardship proposal was adopted by the MRC on May 7, 2003.

He explained that he had spoken with Tom Cowan, Northwest Straits Commission Executive Director, and had received instructions regarding submission of grant paperwork and upcoming deadlines. He requested consensus from the Board before moving forward with any grant applications.

Commissioner Evans stated that he was not supportive at this time due to the issue of over-harvesting of fish and felt that this issue should be dealt with first. Mr. Slocomb stated he did not know of any County authority to act on harvesting matters. Commissioners Miller and Nielsen were of the opinion that the proposal was an excellent start and both added that the heightened level of dialogue now existing with the Indian Tribes is an excellent beginning.

Ms. Miller asked Mr. Evans if there was any change that might be made in the language of the proposal that would gain his acceptance. He replied that he wanted the harvesting issue to be dealt with and did not feel that it was the responsibility of upland and shoreline owners only to be responsible for protection of forage fish spawning habitat for a Marine Stewardship area as proposed. He felt Tribes and commercial fishermen should also share responsibility of protecting the marine eco-system.

Both Ms. Nielsen and Ms. Miller expressed their approval of the proposal as presented. Mr. Slocomb will have the MRC prepare a draft letter of support for consideration of the BOCC in the near future.

2. Petition regarding the Right of Initiative and Referendum — Chair Miller reported that she had spoken with Mr. Steve Ludwig regarding his submission of a petition requesting the BOCC to enact into law initiative and referendum in SJC. She added that she had ascertained that the petition has been around since 2002.

She had verbally asked the Prosecuting Attorney (PA) for his opinion since she felt that this was not something the BOCC could act upon. The PA had agreed with her assessment and explained that the BOCC has no authority to enact any such legislation in SJC.

Commissioner Nielsen also concurred with this assessment and added that she thought the petition should have requested the BOCC to form a Board of Freeholders to draft a charter form of government. If the draft charter were approved by voters, then it would allow for the initiative and referendum. She was interested in an opinion on this issue from the PA. Commissioner Evans pointed out that some of the petition signatures were duplicated several times. Commissioner Miller suggested asking the PA for a brief written position on both issues. By consensus the BOCC agreed that this was in order.

The Board will proceed to request a formal opinion regarding this matter with the caveat that the PA provide his answer only as his time allows due to the existing work load in that office.

PUBLIC HEARINGS/MEETINGS

11 a.m. — The quarterly Elected Officials’ and Department Heads’ meeting was held. The agenda was the SJC 2003 Budget process for preparation of the 2004 SJC Budget.

Chair Miller began by relating that a packet had been provided for everyone on “Calculating the Price of Government.” She related that she and John Evans, Randall Gaylord (Prosecuting Attorney), Si Stephens (Auditor), Jon Shannon (Public Works Director), Becky Rusnak (Human Resources Manager), and Lil Hamel (BOCC Clerk/Administrative Assistant) had attended a two-day budget training conference in Tacoma put on by the WA State Association of Counties (WSAC).

This method of providing the best services for the amount of money available was presented by the consultants that worked with the Governor on the recent State Budget. She also noted that Commissioner Nielsen had attended a shortened version of this process at a previous WSAC conference and was familiar with the concept.

She stressed that the new process will be innovative; however, it will not be easy. Anticipated revenues to the General Fund will be reviewed at the beginning of the process and again in the third quarter. Also to be taken into consideration will be state and federal mandates and the one-percent cap on any new funding. The grant funds will not be part of the revenue used for these calculations. The objective is to look at how services are provided to the public and what priorities exist as well as what might be changed.

The BOCC members individually expressed their enthusiasm for a process that would allow the public to understand and better appreciate how the budget is calculated, moneys are appropriated, and finally the decisions made on how the final budget is adopted. Mr. Stephens and Mr. Gaylord explained that there has not yet been a successful attempt by a county to execute this form of budgeting because counties must function within the existing legislative authority. However, the State has the ability to modify legislation to be able to implement this new method of budgeting.

Ms. Rusnak encouraged all elected officials and department heads to wear a “county” hat when approaching this new concept. Working together as a team will be the only way this process will work. Ms. Miller announced that an all-day work session will be held on Monday, June 16, 2003 at the Inns of Friday Harbor Suites and asked that everyone attend. Preliminary budget figures will be provided by the Auditor’s office to each department prior to this time for review and any modification. Mr. Stephens noted that not all the potential changes will be implemented for the 2004 Budget.

Chair Miller thanked everyone for coming and asked that an invitation be extended to local Union representatives so that they may also attend this work session.

11:30 a.m. (Commenced at 11:40 a.m.) — An employee recognition ceremony was held to honor employees who have served SJC as follows:

FIVE YEARS

Christine Miller — SJC Fair

William Paterson — Health and Community Services

Dennis Shaffer — Land Bank

Wendy Stephens — Health and Community Services

Mark Rice — Public Works

Daniel Gillespie — Auditor’s Office

Gerald Rivas — Public Works

Diane Timm — Auditor’s Office

Rosalind Casad — Treasurer’s Office

Pamela Gross — Land Bank

Gerald Graville — Public Works

Susan Nielsen — Public Works

Kenneth Jennings — Public Works

Didier Gincig — Parks Department

Bruce McDanold — Administrative Services

Darryl Davidson — Public Works

Frederick Galer — Permit Center

Tad Miniken — Sheriff’s Office

Michael Jennings — Juvenile Court

TEN YEARS

Terry Pascoe — Public Works

Leroy Lehman — Public Works

Laurie Hauser — Public Works

Brian Webb — Public Works

Monica VanAppel — Auditor’s Office

Linda Begnal — Treasurer’s Office

John Ridge — Assessor’s Office

FIFTEEN YEARS

Jon Zerby — Sheriff’s Office

TWENTY-FIVE YEARS

Dick Jenison — Public Works

Gerald Todd — Public Works

WORK SESSIONS

9:30 a.m. — A work session was held on the Buildings and Grounds (B&G) budget structure. Present: Jon Shannon, Public Works Director; Becky Rusnak, Human Resources Manager; and Si Stephens, SJC Auditor.

Chair Miller announced that she had requested that Mr. Shannon further address the proposal he had previously discussed with the BOCC on May 6, 2003 prior to the beginning of the 2004 SJC Budget process.

Mr. Shannon explained that his proposal was to establish a B&G Budget with true costs and to allocate these costs to each department based upon the service provided. He did not think that the bottom line expenses would be higher than the traditional budget allocation. When the preliminary cost accounting calculations were completed, then the Board would be able to tell him the actual funding level and adjustments to the calculations and allotments they desire.

He emphasized that no decisions had yet been made on privatizing of any B&G services, but that he would discuss this possibility if the Board wished to do so. He noted that he had worked with Mr. Stephens on preliminary concepts. His goal is to achieve a realistic figure for the services currently supplied by B&G to all departments.

Commissioners Evans and Nielsen expressed their approval for this method of cost accounting to allow County departments and the public to understand actual costs related to these services. Commissioner Miller expressed her concerns regarding how this fund would be set up and any ramifications related to personnel and other department’s budgets.

Mr. Stephens explained that this fund could be set up similar to the Central Services Fund. In that case, each department is billed an annual fee based upon size, number of computers and other equipment and any special needs. As an alternative, he stated it could also be organized as an enterprise fund similar to ER&R. Commissioner Miller pointed out that an enterprise fund is partially funded by fees not only paid by County users, but the public as well.

Mr. Stephens clarified that Central Services is actually an “Internal Service Fund” with a flat fee to each department and that she was correct in that an enterprise fund actually bills for time and use. Although the proposal for B&G would not be a true enterprise fund, it could be set up similarly so that actual cost allocations were more accurately known.

The Board discussed the need to deal with several other aspects of related funds, such as Capital Improvements, as well as the potential impacts of implementing this proposal. Mr. Shannon illustrated how the B&G division was interrelated to the four SJC facilities. He explained how each building was currently treated and gave examples of what services are provided. One example was that the Sheriff’s department required more B&G janitorial time than a typical office. BOCC staff pointed out that their hearing room is now a shared facility.

The question was posed as to how cost allocation for servicing this room would be split according to use. This question and other comments brought forward potential anomalies that will need to be addressed.

Mr. Shannon and Mr. Stephens clarified that until the BOCC gave direction on how they wanted to proceed, they would not begin to work on this proposal in depth. Mr. Stephens also added that when the SJC Financial Statements are prepared, this method of breaking out actual expenses is actually part of the calculations, therefore the preliminary work is already under way.

At the conclusion of the lengthy discussion, Commissioner Miller noted that she could not vote in favor of this proposal today, but would look forward to seeing the concept for further consideration during the budget process.

The following action was taken: Moved by Nielsen, seconded by Evans, to request that Mr. Stephens and Mr. Shannon bring back a cost allocation model for the Buildings and Grounds Fund as part of the 2004 Budget Process. Motion carried with Commissioner Miller opposed.

1:30 p.m. — A work session was held with Becky Rusnak, Human Resources Manager, regarding nonrepresented employee salaries. Also present: Randy Gaylord, Prosecuting Attorney, and Dave Zeretzke, Administrative Services Director.

Ms. Rusnak presented her “2002-03 Salary Survey, Research and Analysis of the Unrepresented Positions,” dated May 20, 2003. She explained the Executive Summary, how the information had been gathered, her conclusions based upon the new data, and finally her preliminary recommendations. The Board commended Ms. Rusnak on the work presented.

Ms. Nielsen also requested a report of a direct comparison from other counties of the number of employees supervised along with the total number of employees in various departments, including the breadth of responsibility and duties if different than those of SJC, specifically for Administrative Services, Planning, Permit Center, Parks, and Fair.

Commissioner Evans asked if the results of this study were implemented, what effect this would have on the internal employee alignment. Ms. Rusnak replied that this was discussed with the Classification Committee and it was determined that there is a relationship between internal county positions and comparisons with external markets. The two factors are brought together as a useful tool in evaluating positions.

Upon completion of her presentation, Mr. Gaylord then addressed the BOCC with additional information regarding positions in his office. He presented a survey that he had compiled of Deputy Prosecutor positions that match work performed in SJC with similar positions in benchmark counties. He explained that he used a different strategy than Ms. Rusnak in reaching the conclusions shown on his handout. While using data from the WA State Association of Prosecuting Attorneys (WAPA), he researched job positions that were actual comparators to the duties expected and performed in SJC.

Commissioner Nielsen pointed out that decisions have to be made to include not only the comparative market and ranges, but to be realistic on how to deal with these issues given budget constraints. She suggested that if the comparisons made in the report are less than five percent of the high range, that adjustments not be made at this time. She also suggested that there are alternatives on how to implement these proposed adjustments.

Ms. Rusnak also noted that part of the comparisons made were to union positions and that other comparisons can be used. Commissioner Evans appreciated the concerns expressed; however, he stated he would like to move forward as this process has been in discussion for almost a year. He asked that the information requested by Commissioner Nielsen be brought back as soon as possible so that the process can continue.

Commissioner Miller stated she wanted to treat staff as equitably as possible and is aware that this will contribute to a larger budget picture. She was in favor of implementing these changes as a group rather than one position at a time. Commissioner Evans requested that Ms. Rusnak survey the larger private sector employees in SJC to see if a local comparison on certain positions is applicable.

The discussion was scheduled to continue the following week when the new material is ready for additional review and consideration.

3:30 p.m. — A work session was called at the request of Commissioner Evans to discuss County support of local farmers regarding recent difficulties with regulations and rules from the State Department of Agriculture (D of A) concerning food production and processing. Present: Mark Tompkins, Environmental Health Manager; Randall Gaylord, Prosecuting Attorney; and interested citizens.

Commissioner Evans thanked the BOCC for scheduling this session and presented a paper he wrote entitled “Issue: Food Safety… Local Fresh Produce.” His suggestion was that SJC begin a local two-hour certification program for farmers similar to the food handler’s program for restaurant workers and for Mr. Tompkins to have this ready by Friday the 6th of June.

Before discussing this recommendation, Mr. Tompkins asked to make a statement. He reported that he would be meeting with Claudia Cole, State Department of Agriculture, in person on Friday, June 6 to address the wide range of interpretations and statements coming from D of A. When questioning who has the final authority, it was agreed that the State has the final authority on all decisions.

Commissioner Evans brought up the fact the BOCC also sits as the Board of Health (BOH) in SJC and that the State relies on the BOH to uphold the law. He was of the opinion that having a certification program in place would let the State know that this was being accomplished.

Commissioner Miller requested that Mr. Gaylord address the meeting with the information he had researched. Mr. Gaylord then read from the State Statute entitled the WA Food Processing Act and the Interstate Commerce Act. He noted that there is a handbook available, which gives guidelines for the processing of foods. He readily agreed that there is a broad description of the processing of raw vegetables. After reading from the act, he suggested that the Board write a letter to the State to request official direction.

After input from a local farmer, Jim Lawrence, the BOCC discussed what action could be taken to rectify the disparity in instructions being given by representatives in the D of A. Commissioner Miller suggested educating D of A on local food production in small counties such as SJC to gain support for a broader interpretation of current rules and regulations.

Commissioner Nielsen stated that she was in favor of Mr. Evans suggestion for the certification program, but for a different reason. Having this program would help farmers to market their products and help the public recognize their good practices in the area of raw vegetables. She did note that the issue of the local production of goat cheese would be a different matter as this is a dairy product and falls into a different category. Various options were discussed.

Mr. Gaylord stated that from a legal standpoint, there has not been an actual violation unless the Director of the D of A issues a statement to the party(s). No actual letter has been issued. Implementing a voluntary certification program may be premature. It was suggested that WA State University Extension Program may have material available that will help to clarify some of the questions that have come up in recent weeks.

Mr. Gaylord will research further the issue of retail sales and continue work with Mr. Tompkins on commercial production issues. Regarding the issue of cheese production, variances will be investigated. The BOCC agreed to address this matter further next week when additional information is available.

EXECUTIVE/CLOSED SESSIONS

2:32 p.m. — Commissioner Miller announced the BOCC would be holding an executive session estimated to last approximately one hour, to discuss a matter of Real Estate, pursuant to the provisions of RCW 42.30.110(b). The session ended at 3:23 p.m. for an actual time of 57 minutes. No action was taken.

ADJOURNMENT

Moved by Nielsen, seconded by Evans, to adjourn the meeting at 4:06 p.m. Motion carried. The next meeting was scheduled for June 10, 2003. These minutes were approved and signed on June 10, 2003. The original document is retained in the BOCC permanent proceedings file dated June 3, 2003. Attest: Carolyn K. Morrison, Deputy.

LEGAL NO. SJ-1061

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