Public Notices: San Juan County

NOTICE OF MEETING

SAN JUAN COUNTY PARK BOARD

Thursday, October 16, 2003

8:30 a.m. — 11:15 a.m.

Location: Islanders Bank Community Meeting Room

(Administration Building, 545 Park Street), Friday Harbor.

For more information, call the Park Superintendent at 378-8420.

LEGAL NO. SJ-1155

Published: October 8, 15, 2003

NOTICE OF MEETING

SOLID WASTE ADVISORY COMMITTEE

The SOLID WASTE ADVISORY COMMITTEE for the San Juan Islands will meet at 12:00 p.m. on Monday, October 15, 2003 in the Garden Room at Key Bank, located at 95 Second Street in Friday Harbor.

LEGAL NO. SJ-1162

Published: October 15, 2003

SUMMARY OF THE MINUTES

SAN JUAN COUNTY (SJC), WASHINGTON

BOARD OF COUNTY COMMISSIONERS (BOCC)

SEPTEMBER 23 AND 24, 2003

Tuesday, September 23, 2003 — BOCC Hearing Room

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

Andrew Seltser — Regarding Law and Justice-related budget reduction suggestions.

ANNOUNCEMENTS/SCHEDULE CHANGES

The posted BOCC Administrative Agenda and Discussion Matters Agenda were revised.

APPROVAL OF MINUTES

Moved by Evans, seconded by Nielsen, to approve the minutes of September 15 and 16, 2003. Motion carried.

CONSENT AGENDA

Moved by Nielsen, seconded by Evans, to approve the Final Consent Agenda of September 23, 2003, as follows:

A. Resolutions/Ordinances:

1. Resolution No. 76-2003 — Adopt the resolution recognizing the San Juan County Economic Development Council as the Associate Development Organization (ADO) for certain purposes as identified in RCW 43.330.

B. Contracts/Agreements:

1. Agreement No. 03RD45 — Sign the Rural Arterial Program Revised Project Agreement for Construction Proposal between SJC and the State of Washington County Road Administration Board (CRAB) for the Cattle Point Road (North Section) Improvement Project revising the Milepost to 02.50 to 03.30, with authorized RATA funds in the amount of $484,000 from the Rural Arterial Trust Account.

C. Appointments:

1. Approve the appointment of Brian Erhmantraut to a vacant position on the Eastsound Planning Review Committee (EPRC) with a term to begin immediately and to expire in May 2005.

D. Correspondence:

1. Sign the letter confirming the appointment of Brian Erhmantraut to a vacant position on the Eastsound Planning Review Committee with a term to begin immediately and to expire in May 2005.

Motion carried

ACTION ITEMS

MISCELLANEOUS ITEMS:

1. November 2003 Voter Pamphlet Discussion — Present: Charlotte Dye, Chief Deputy Auditor; Karen Vedder, Deputy Prosecuting Attorney; and interested members of the public.

During the morning session, Commissioner Evans requested the BOCC discuss an issue which had been brought to his attention during a lunch meeting with citizens the previous day to discuss the proposed Levy Lift Property Tax Increase Measure. He noted that the Voter’s Pamphlet has a provision for both “Pro” and “Con” statements. Certain citizens did not think the “Con” statement was being addressed.

Mr. Evans asked Ms. Vedder and Ms. Dye if the BOCC had done what was required for this November election ballot measure. He added that he had obtained a copy of the applicable RCW from the Elections Supervisor Dan Gillespie. Ms. Dye answered that she had appointed a committee to write a “Con” statement as provided for in the RCW and this was to be submitted to her by Thursday, September 25. A “Pro” statement was already submitted. She also informed the BOCC that there may be a second submittal of statements for the San Juan Island Park and Recreational District ballot measure as well.

Commissioner Nielsen read from a copy of the statute and asked if this ballot measure was in compliance (referring to a time frame for appointing committees to write statements). Ms. Vedder explained that if the BOCC or “legislative body” did not appoint a committee to write these statements in the time frame specified, the County Auditor could then make the appointments.

Mr. Evans asked if the Chair would allow comments from those present. Ms. Miller deferred to the request and three citizens made comments. One appointee stated that the “Con” statement would be ready by the deadline. The BOCC asked Ms. Vedder to contact the State for clarification on this issue and to return at 1:30 p.m., for additional discussion. Interested citizens were also invited to return.

The discussion resumed at 1:30 p.m. with Ms. Vedder informing the BOCC that the statute (RCW 29.81A.080) was written in 1994 to provide a timeline for a unit of local government (i.e., junior taxing district such as a hospital district, BOCC, etc.) to appoint committees to write pro and con statements for a voter’s pamphlet “not later than forty-five days before the publication of the pamphlet; that if the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, then the County Auditor shall whenever possible make the appointments.” She explained that she had called the Attorney General’s Office and the Secretary of State’s Office. She also passed out to each BOCC member a copy of the “Specifications for Statements Appearing in the San Juan County General Election Local VOTERS’ PAMPHLET” dated August 22, 2003. These rules clearly state the guidelines for proposition statements and also state “there will not be rebuttal statements. It is not mandatory for pro or con statements to be in the Voters’ Pamphlet. If a statement is submitted by a committee, it is limited to 200 words.

She further pointed out that the BOCC could not have appointed a committee in the specified timeline as the resolution approving the ballot measure was not adopted until last week. She emphasized that the state legislators had made a provision in this RCW for a backup if the local government authority failed to meet the timeline specified. In this case, the backup procedure was implemented and Ms. Dye did appoint a committee.

Ms. Vedder added that she was confident that the rules had been satisfied. A “Pro” statement has been turned in and the citizen committee has stated they will have a “Con” statement ready by the extended Thursday deadline. These will then be submitted to the Secretary of State by the required October 1, 2003 deadline. Ms. Vedder noted that the advisory ballot measure concerning the Noxious Weed Control Board assessment last year had no statements for or against.

The BOCC members expressed their individual opinions at length. Commissioner Evans stated he had requested a copy of the special election dates for 2004 and informed the Board that if the election were not held in November, the next available date would be the first Monday in February 2004. If the election date were changed, this would affect the 2004 Budget process. He did, however, want to be certain that citizens had the opportunity to comment.

Commissioner Nielsen did not agree with the explanation given by Ms. Vedder and Ms. Dye. She recommended waiting until March 2004 to proceed to allow the 45-day time period for citizen input.

Commissioner Miller stated that the BOCC followed the guidelines as presented by the Prosecuting Attorney and Auditor. The Board has a difficult balancing act and was not aware of this RCW. She stated that Ms. Vedder and Ms. Dye have presented a legal solution and the Board can take their best efforts and move forward. She also stated that she did not believe that citizens had been denied due process at all. Committees to write both statements have been appointed; the proposed tax increase has been in the newspapers, presented in on-line articles, presented formally by Elected Officials verbally and in printed brochures at the County Fair; as well as in open session.

Her concern extended to the other Junior Taxing Districts that have not appointment committees for the “Pro” and “Con’ statements. She apologized for the BOCC not knowing about this part of the RCW. She also noted that her only role had been to serve on the County committee that gathered the information and then put it in printed form with the aid of her fellow commissioners in order to educate the public. The information presented showed that there is nothing done outside the law. She offered that the BOCC could move forward with the November election without the “Pro” and “Con” statements in the pamphlet as a compromise. Ms. Nielsen and Mr. Evans wanted public comments included.

Mr. Evans was in agreement to go forward but stated he wanted any future measures that are to be considered by the Board to include all the applicable statutes and exact instructions.

Commissioner Nielsen asked Ms. Dye if any pro statements had been received. Ms. Dye stated that the pro statement was received on Friday and again explained that that only one statement is allowed for or against any measure. No other comments or rebuttals are allowed.

Interested citizens had no other comments other than to restate the con statement would be ready. Commissioner Nielsen was not in favor of having the measure remain on the November ballot for the reasons stated. Commissioners Miller and Evans agreed to go forward as planned, with both pro and con statements included in the pamphlet.

Mr. Evans recognized that several other legislative districts had also not appointed committees to write statements. He noted for the record that several members of the public representing both sides were present for this discussion.

PUBLIC HEARINGS/MEETINGS

10:30 a.m. — The BOCC sat as the Board of Health (BOH) for their regularly scheduled monthly meeting. Present: Dr. Frank James, Public Health Officer; John Manning, Health and Community Services Director; Mark Tompkins, Environmental Health Manager; and JoAnne Campbell, Personal Health Services Manager. The agenda covered various program updates as follows:

(1) Environmental Health — (a) Mr. Tompkins and Dr. James reported they had met with the staff at the camp on Orcas Island following the recent viral outbreak. They assisted with the clean up of the camp and educated the staff on proper measures to take in the future. The State Department of Health was also included. Dr. James told the Board that they will visit all such private camps in the islands for similar work sessions. The BOH congratulated the staff for their excellent work.

(b) Mr. Tompkins reported on food-borne illnesses and the measures in place to correct any problems with food handling or storage.

(c) Regarding the testing for West Nile Virus, all birds tested in SJC were negative. In addition, all dead birds tested in WA have been found to be negative as well. Mr. Tompkins stated he is working with the WSU Extension Agent’s Office to assist with educating the public about this virus.

(d) There have been several reported cases of people being bitten by dogs and bats; however, no cases of rabies were found after investigations were conducted.

(e) The landfill analyses have been completed and low-flow ground techniques have been implemented. Groundwater pumps have been repaired so testing for contamination can take place.

(f) The plan has been submitted to the Department of Ecology for the closure of the CDL site on Orcas under the old regulations. This will save the County a great deal of money.

(g) Regarding the issue of encumbrances, he reported that he had met with several people after the last work session to further discuss this issue. Language suggestions were recommended regarding well locations. He stated he will be preparing a variance procedure that will assist with narrow lots and other related issues discussed during the work session. He asked the BOH if this was an acceptable alternative to this ongoing issue. After voicing their individual opinions, the BOH members agreed to move forward with creation of a variance procedure with the caveat that there cannot be an encumbrance to a neighbor’s property if that neighbor does not grant an easement.

Mr. Tompkins will research additional information, prepare draft language, and schedule a time with the BOCC Clerk for another work session.

(h) Mr. Tompkins presented proposed permit fee changes noting that the increases amounted to about 10 percent and fees had not been raised for approximately two years.

The BOH reviewed and discussed the proposed fee schedule; suggested modifications; and requested additional information regarding possibly linking fees to some sort of a consumer price index (favored by Commissioner Evans and considered by Commissioner Nielsen); increasing the cost of septic failure permit fees to $100 (Commissioners Miller and Nielsen in agreement); implementing a procedure for the SJC Fair for food booth vendors to have food permit fee applications included with their Fair paperwork; and, to schedule a date with the BOCC Clerk for additional review of these changes.

(2) Personal Health — Ms. Campbell presented information regarding influenza vaccinations and their related costs. This year the cost is $21.00 per dose for influenza inoculations.

Mr. Manning and Dr. James explained that one issue facing physicians, clinics and public health facilities is the changes in Medicaid and Medicare payments. Reimbursements for vaccinations are fixed at $7.00. Supplies are sufficient this year for various vaccines and clinics will begin in November.

Commissioner Miller asked for updated information on the plan to vaccinate the public for smallpox. Dr. James restated information presented in prior BOH meetings and added that they are still attempting to refine this vaccine. Although there is disagreement among the government officials and medical professionals, the plan in place is still moving forward at the federal level.

WORK SESSIONS

9:45 a.m. — A work session was held with the Lodging Tax Advisory Committee (LTAC) regarding the proposed marketing plan. Present: Deborah Hopkins, Marketing Director of the San Juan Islands Visitor’s Bureau. Also present were LTAC committee members Mike Stolmeier, Debbie Pigman and Cathy Cavanagh.

Ms. Hopkins conveyed a message from Si A. Stephens, SJC Auditor and LTAC Chair, that he was unable to attend this meeting but had supplied a written report for the BOCC dated September 10, 2003. The report itemized the accomplishments of the LTAC, proposed budget, marketing plan and made specific recommendations for inclusion of all tourism related businesses to be included in the official visitors information guide as well as other suggestions.

Ms. Hopkins noted that there was a unanimous vote of the committee to request the BOCC approve their marketing plan and budget for FY 2004. The BOCC complimented the LTAC members and Visitor’s Bureau staff for the excellent marketing services performed of late (after elimination of the “Come Play with the Whales” ad). The plan was discussed and comments made by the BOCC.

Commissioner Nielsen noted that she would like the BOCC to be involved in depth in this program as funding is approved by the BOCC and the Bureau represents the County. She asked that the SJC Vision Statement be their guiding document. Commissioner Miller echoed these requests. Revenue figures were discussed and it was noted that the summer collections would not be known until November. It was noted that revenue related to this lodging tax was up 19 percent from the prior year showing that the advertisements and strategy of the group was effective. After concluding discussions and comments, it was noted that the actual contract was not ready for signature today. This will come back to the Board after review of the Prosecutor and Auditor. The following action was taken:

Moved by Evans, seconded by Nielsen, to approve moving forward with the proposed plan and contract with the San Juan Islands Visitor’s Bureau as discussed; and to request that the approved final contract be placed on the BOCC Agenda for the Board’s signature when ready. Motion carried with Commissioner Miller abstaining.

11:30 a.m. — A 2004 SJC Budget work session was held for the Health and Community Services (H&CS) Department. Present: John Manning, H&CS Director; Mark Tompkins, Environmental Health Manager; JoAnne Campbell, Community Services Manager; and Charlotte Dye, Chief Deputy Auditor.

Mr. Manning presented a detailed budget narrative and a separate memo both dated September 17, 2003. The BOCC thanked Mr. Manning for his presentation, clarity, and alternative suggestions. Preliminary discussions were held regarding proposals for reducing this budget by the requested eight percent. No official action was taken at this time.

2:00 p.m. — A 2004 SJC Budget work session was held with the Law and Justice Group consisting of the County Clerk, District Court (and Adult Probation), Jail, Juvenile, Prosecuting Attorney, Sheriff, Superior Court, E-911, and Emergency Services. Present: Mary Jean Cahail, SJC Clerk; Tom Kearney, Juvenile Court Administrator; Marion Melville, District Court Administrator; Bill Cumming, Sheriff; Randall Gaylord, Prosecuting Attorney; Charlotte Dye, Chief Deputy Auditor; and available staff members.

Each department in attendance gave an overview of their proposed budget. The presentations were concluded early at 2:30 p.m. Preliminary discussions were held regarding proposals for reducing theses budget by the requested 8 percent. Mr. Gaylord presented an updated memo. No official action was taken.

2:30 p.m. — (Scheduled for 3:30 p.m., but commenced early) A work session was held with the Administrative Group consisting of the BOCC, and Administrative Services Department (including Central Services, and GIS). Present: Dave Zeretzke, Administrative Services Director; Bruce McDanold, Information Services Manager; Becky Rusnak, Human Resources Manager; Lil Hamel, BOCC Clerk/Office Manager; and Charlotte Dye, Chief Deputy Auditor.

Each department presented their proposals for 2004. The Board requested more information from Central Services regarding a proposal to remove the Public Works Department from this service and redistribution of these costs to other departments, a cost analysis of the ability to perform this work for a stand alone LAN in-house versus outside, and other related information as discussed. The BOCC tentatively concurred with the request of their staff to voluntarily reduce staff hours as proposed rather than reducing one position to half time. No official action was taken.

RECESS — At 4:00 p.m., BOCC Chair Miller recessed the meeting until 9:00 a.m., Wednesday, September 24, 2003.

Wednesday, September 24, 2003 — BOCC Hearing Room

CALL TO ORDER

BOCC Chair Miller called the meeting to order at 9:00 a.m. Commissioners Nielsen and Evans and a deputy clerk of the board were present.

ACTION ITEMS

PUBLIC HEARINGS/MEETINGS

9:00 a.m. — A public hearing was held to consider adoption of the Lopez Coordinated Water System Plan. Present: Mark Tompkins, Environmental Health Manager; Vicki Heater, Environmental Health Technician — Water; Alan Marriner, Deputy Prosecuting Attorney; several members of the committee and interested members of the public.

Mr. Tompkins presented the background of this two-year project and the proposed plan in his Staff Report dated October 23, 2003. He stated that the SEPA was completed and a Determination of Non Significant (DNS) had been issued. Publication of the DNS would be in the newspapers the following week and the official comment period would end on October 23. He requested that the BOCC take public comment today and continue the hearing to a date certain for formal adoption after the comment period had closed.

Ms. Heater gave a Power Point presentation of the Lopez Village Water Supply Report and recommendations. Public testimony was opened, submitted and closed. Deliberations began. The Board discussed several aspects of the proposal at length, received legal input from Mr. Marriner regarding the Growth Management Hearings Board rulings related to this matter, and the financial responsibility of the County related to a Capital Facilities Plan. At the conclusion of deliberations, it was agreed that the hearing would be continued as requested for consideration of formal adoption and the following action was taken:

Moved by Miller, seconded by Nielsen, to approve the Lopez Coordinated Water System Plan as reported pending the conclusion of the required SEPA process; and, to continue the hearing to October 28, 2003 at 10:00 a.m. for further deliberations if required. Motion carried with Commissioner Evans opposed.

WORK SESSIONS

10:00 a.m. (Commenced late at 10:43 a.m.) — A 2004 Budget work session was held with the Financial Group consisting of the Assessor, Auditor (including Elections), and Treasurer. Present: Paul Dossett, SJC Assessor; Charlotte Dye, Chief Deputy Auditor; and Kathy Turnbull, SJC Treasurer.

Each department submitted their proposed budgets including plans for increased revenue and/or eight percent reductions from the 2003 budget. The Board discussed the proposals and made their comments to each elected official. No formal action was taken.

ADJOURNMENT — Moved by Evans, seconded by Nielsen to adjourn the meeting at 11:18 a.m. Motion carried. There is no meeting scheduled for the week of September 29, 2003. The next meeting was scheduled for Tuesday, October 7, 2003.

These minutes were approved and signed on October 7, 2003. The original document is retained in the permanent proceedings file dated September 23 and 24, 2003.

Attest: Carolyn K. Morrison, Deputy.

LEGAL NO. SJ-1159

Published: October 15, 2003

REQUEST FOR EXCEPTION

SAN JUAN COMMUNITY HOME TRUST

San Juan County is a chosen recipient of a $750,000.00 Community Development Block Grant. The San Juan Community Home Trust qualifies as a Community Based Development Organization under HUD regulations and is the intended subrecipient of the funds. The Home Trust will use the funds for property acquisition and infrastructure in support of the Salal Home Project for moderate-income families.

Certain board members of the San Juan Community Home Trust have had financial involvement with the project. San Juan County seeks to disclose these Board members’ actions to the public and the Washington State Department of Community Trade and Economic Development (CTED).

The County is applying to CTED for an exception to conflict of interest rules pursuant to 24 CFR § 570.489(h). Anyone wishing to comment on the disclosures set out below should do so in writing on or before October 24, 2003.

All comments should be sent to:

Board of County Commissioners

350 Court Street #1

Friday Harbor, WA 98250

Disclosures of board members of the San Juan Community Home Trust:

A. Larry Soll is a board member and treasurer of the San Juan Community Home Trust. He and his wife, Nancy Maron, are also the majority owners of Westwood Holdings LLC. Westwood Holdings LLC sold real property to the Home Trust — pursuant to an option agreement dated February 14, 2002 and as amended on March 14, 2003 and August 20, 2003 — that is to be the site of the project funded by the block grant.

Westwood Holdings is the beneficiary on a Deed of Trust in which the San Juan Community Home Trust is the Grantor. The Deed of Trust (San Juan County AFN 2003 0916022) is security for a promissory note held by Westwood Holdings LLC. The funds awarded to the County through this Contract will be used to pay the promissory note secured by this Deed of Trust.

The property was purchased by the Home Trust from Westwood Holdings LLC for its appraised value of $288,000.00. Once payment is made on the promissory note, Larry Soll & Nancy Maron will donate $70,000.00 to the Home Trust to be used for the basic construction contract and sales tax on the construction contract.

Mr. Soll and his wife, Nancy Maron, have made a $70,000.00 construction-financing loan at 3.5% interest to the Home Trust as a deposit on the modular homes which are being built as part of this project.

Larry Soll and Nancy Maron have made a commitment to an additional $130,000.00 construction-financing loan at 3.5% interest to the Home Trust. The loans from Larry Soll and Nancy Maron to the Home Trust will be paid back from the sale of the homes.

B. Jim Lawrence is a board member of the San Juan Community Home Trust. He and his wife, Lisa Lawrence, have made a $50,000.00 construction-financing loan at 3.5% interest to the Home Trust as a deposit on the modular homes which are being built as part of this project.

Jim and Lisa Lawrence have made a commitment to an additional $25,000.00 construction-financing loan at 3.5% interest to the Home Trust. The loans from Jim and Lisa Lawrence to the Home Trust will be paid back from the sale of the homes.

C. Chris Pope is a board member of the San Juan Community Home Trust. He and his wife Betsy Pope have made an $80,000.00 construction-financing loan at 3.5% interest to the Home Trust as a deposit on the modular homes which are being built as part of this project.

Chris and Betsy Pope have made a commitment to an additional $20,000.00 construction-financing loan at 3.5% interest to the Home Trust. The loans from Chris and Betsy Pope to the Home Trust will be paid back from the sale of the homes.

D. Ladd Holroyd is a board member of the San Juan Community Home Trust serving as a representative of the low- to moderate-income residents of this community as required by the by-laws of the Home Trust and HUD requirements for Community Based Development Organizations. It is anticipated that Mr. Holroyd will be a purchaser of one of the homes which are part of this project.

All of the loans will be used for financing construction of the homes. The funds being supplied by the department through this contract will be used to pay the promissory note owed to Westwood Holdings LLC and for the required infrastructure to complete the project.

LEGAL NO. SJ-1160

Published: October 15, 2003

CALL FOR BIDS

SAN JUAN COUNTY PUBLIC WORKS

TO SUPPLY MOTOR FUEL TO SAN JUAN COUNTY FOR THE 2004 AND 2005 CALENDAR YEARS

Sealed bids for supplying of motor fuel to the San Juan County Public Works Department will be received by the Board of County Commissioners of San Juan County, Washington, until 2:45 p.m., Tuesday November 4, 2003 at which time they shall be opened in the Commissioners Hearing Room of the County Courthouse, 350 Court Street, No. 1, Friday Harbor, WA 98250.

LOPEZ ISLAND

(bulk supply only, no alternative supply)

Approximately 7,200 gallons of regular unleaded gasoline and Approximately 9,600 gallons of diesel fuel.

SAN JUAN ISLAND

(alternative supply only, no bulk supply)

Approximately 7,000 gallons of regular unleaded gasoline and Approximately 10,000 gallons of diesel fuel.

ORCAS ISLAND

(alternative supply only, no bulk supply)

Approximately 5,000 gallons of regular unleaded gasoline and Approximately 10,000 gallons of diesel fuel.

All bids must be received no later than November 4, 2003 at 2:45 p.m.

Bid specifications and additional information are available at the office of the Public Works Department, 915 Spring Street, P.O. Box 729, Friday Harbor, WA 98250. Phone (360) 378-2114.

The Board reserves the right to accept or reject any and all bids in the best interest of the County.

LEGAL NO. SJ-1161

Published: October 15, 22, 2003

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