Public Notices: County of San Juan

NOTICE OF REGULAR SCHEDULED MEETING CHANGE

SAN JUAN COUNTY LAND BANK

The Land Bank Commission will meet on the second Friday of the month in February. The meeting will be held at the Mullis Community Senior Center, 589 Nash Street, Friday Harbor.

LEGAL NO. SJ-1211

Published: February 4, 11, 2004

PUBLIC NOTICE

SAN JUAN COUNTY PARK BOARD MEETING

Thursday, February 19, 2004

8:40 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-1217

Published: February 11, 18, 2004

SUMMARY OF THE MINUTES

SAN JUAN COUNTY, WASHINGTON

BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 13, 2004 and WEDNESDAY, JANUARY 21, 2004

Tuesday, January 13, 2004 — BOCC Hearing Room

CALL TO ORDER

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

CITIZEN ACCESS TIME

No matters were brought before the BOCC.

ANNOUNCEMENTS/SCHEDULE CHANGES

1. The posted BOCC Administrative Matters Agenda was revised.

2. Two or more BOCC members may attend the Washington State Association of Counties (WSAC) Legislative Rally in Olympia on February 5, 2004

APPROVAL OF MINUTES

Moved by Miller, seconded by Nielsen, to approve the minutes of January 6, 2004. Motion carried with Commissioner Evans abstaining.

CONSENT AGENDA

Moved by Evans, seconded by Miller, to approve the Final Consent Agenda of January 13, 2004 as follows:

A. Resolutions/Ordinances:

— 1. Resolution No. 2-2004: Adopt the resolution adopting the SJC Retiree Access to Health Care Policy and benefits as set forth therein.

— 2. Resolution No. 3-2004: Adopt the resolution accepting work performed under contract 03RD34 for the Front Street Turnaround County Project No. 51966, from Mike Carlson Enterprise, Inc.; and, authorize release of retainage in the amount of $16,195.35 as set forth therein.

B. Contracts/Agreements:

— 1. Contract No. 04AG01A: Adopt Amendment No. 1 (Supplement to Memorandum of Understanding) to SJC No. 03AG01 between SJC and the Washington State University Cooperative Extension to set funding levels for the period of January 1, 2004 through December 31, 2004 in the total amount of $35,220, as outlined therein.

— 2. Agreement No. 04HC02: Adopt the Grant Agreement between SJC and the WA State Department of Ecology (DOE), DOE Grant No. G0400165, for the WRIA 2-Multi-purpose Storage Assessment Project, to identify areas where additional storage can benefit domestic water supplies and instream flows in the County, in an amount not to exceed $45,000, to be completed by April 30, 2004, under the terms and conditions outlined therein.

B1. Authorization for Contracts to be signed by Department Head

— 1. Authorize the Public Works Director to sign the Consultant Agreement between SJC and Wm. T. Follis, LLC, Realtors, to prepare 24 “Recommended Just Compensation” amounts for County Road right-of-way acquisitions for the Cattle Point Road Improvement Project No. 010081, from Milepost 2.5 to Milepost 4.04, in the amount of $18,000, under the terms and conditions outlined therein.

C. Budget/Warrants:

— 1. Approve the Claims Fund Warrants in the amount of $1,427,674.22 and Salary Fund Warrants in the amount of $787,393.90 for a total of $2,215,068.12 for the period December 1, 2003 through December 31, 2003.

D. Personnel:

— 1. Approve the request of the Director of the Community Development and Planning Department dated January 8, 2004, to hire a Senior Planner II at Range N, Step 6 of the 2004 Local 1849 Pay Schedule, noting a concurrent recommendation from the Human Resources Manager.

— 2. Approve the request of the Public Works Director to post the position of Lead Equipment Operator on San Juan Island at Range I, Step 1 of the 2004 Local 1849 Pay Schedule, noting a concurrent recommendation from the Human Resources Manager.

E. Correspondence:

— 1. Sign the memo to all departments calling for inventory of County personal property for the calendar year 2003.

Motion carried.

ACTION ITEMS

PERSONNEL ISSUES:

1. Request to Post Part-Time Department Assistant II (DA II) in Health and Community Services (H&CS) — Present: John Manning, H&CS Director.

The BOCC asked if Mr. Manning had considered not filling this position. He verbally explained that the position had been budgeted for 2004 at half time and had previously existed at 38 hours per week for the past 13 years. His memo dated December 22, 2003 and a concurrent memo from Becky Rusnak, Human Resources Manager dated January 6, 2004, detailed how certain work functions remain critical. He stated his awareness of the budgetary issues and noted that when the new accounting program is implemented, it may be possible to eliminate this position. He was agreeable to filling this as an interim part-time DA II position.

The following action was taken: Moved by Evans, seconded by Miller, to authorize posting the half-time DA II position in H&CS at Range C, Step 1, as discussed. Motion carried.

2. New Hire Report and Hiring Freeze Discussion — Present: Becky Rusnak, Human Resources Manager, and interested parties. Verbally summarizing the written report dated January 6, 2004, Ms. Rusnak presented an analysis of employees hired at Step 1 of a given range and those hired above Step 1. At the conclusion of the presentation, the Board discussed the data and their individual opinions.

Commissioner Evans requested additional information regarding hiring at Step 1 and training for the position rather than hiring at a higher step to acknowledge previous experience. Commissioner Evans will meet with Ms. Rusnak out of session to discuss his philosophy regarding this issue.

The Board then discussed the practicality of a hiring freeze. It was acknowledged that the concept had not worked in the past, as certain positions were deemed critical by the BOCC. Commissioner Miller suggested to delay filling vacancies when possible for 90 days and to look at attrition. Commissioner Evans was in agreement. Commissioner Nielsen noted the need to review which positions are essential. Ms. Rusnak agreed with the analysis of the Board not to implement a hiring freeze.

CORRESPONDENCE:

1. Moved by Miller, seconded by Evans, to sign the letters to the Honorable Representative Rick Larsen, U.S. House of Representatives; the Honorable Richard Pombo, Chairman, House Committee on Resources; and the Honorable Nick Rahall, Ranking Member, Chairman, House Committee on Resources, regarding SJC support of H.R. 3571 — San Juan Island National Historical Park Boundary Addition Act of 2003. Motion carried.

2. Moved by Miller, seconded by Evans, to sign the letter to Michael Thorne, Chief Executive Officer, WA State Ferries, regarding the Shaw Island ferry landing. Motion carried.

MISCELLANEOUS ITEMS:

1. San Juan Island National Historical Park Boundary Addition Act of 2003 — Present: Dennis Shaffer, SJC Land Bank Director. Mr. Shaffer explained that Representative Larsen’s bill authorizes the expansion of British Camp to include Mitchell Hill on San Juan Island.

This action requires an Act of Congress. The exchange will then take place with the Department of Natural Resources (DNR). The Board expressed their pleasure at seeing this long process coming to fruition. Mr. Shaffer summarized the status of the other parcels the County has been working on with DNR. Several parcels are now in the process of being appraised and the final package will be submitted to DNR in February of 2004 for approval. (Refer to CORRESPONDENCE for details of action taken.)

DISCUSSION ITEMS — NO ACTION TAKEN

1. Legislative Updates — Commissioner Nielsen reported on issues discussed at the Legislative Steering Committee. All information has been provided to the Board for viewing in the “BOCC Mail Box” in the administrative office.

WORK SESSIONS

— 1:30 p.m.: A work session was held regarding SJC Elected Official salaries. Present: Becky Rusnak, Human Resources Manager; Sheriff Bill Cumming; SJC Clerk Mary Jean Cahail; Prosecutor Randall Gaylord; Auditor Si Stephens; and interested parties.

On August 5, 2003, the BOCC sent a memo to all Elected Officials and Ms. Rusnak stating they were in receipt of the July 15, 2003 Salary Survey for Elected Officials. At that time, due to budget constraints, the Board stated that they felt they would not be able to consider increasing these salaries while looking at the possibility of reducing staff or programs. They conveyed that this issue would be addressed following the November ballot issue (Tax Levy Lid Lift). The ballot measure did not pass.

Ms. Rusnak related this background information and noted that the current salaries have a less than a 10 percent differential on the high-end range than that of the comparable counties. Ordinance 8-2000 sets forth 13 western Washington counties to be used in the comparisons. She then offered three options for consideration and the approximate dollar impact should salary increases be considered.

Chair Nielsen invited other Elected Officials to offer their informal comments. Mr. Cumming, Mr. Gaylord and Ms. Cahail each addressed the issue. The net of the comments regarded a request for adherence to the review standards called out in the Ordinance and that SJC Elected Officials be paid on parity with the other comparator counties.

The BOCC discussed recent decisions made for non-represented employees including management, the processes used in SJC for reclassifications and salary increases for both union and management positions, current budget constraints, and the reasonableness of the request for parity.

Mr. Stephens informed the Board that the cash carry forward from 2003 would be approximately $200,000 more than previously calculated.

Commissioner Miller noted that the figures from Skagit County recent increases skewed the other comparables. She also noted that annual cost of living adjustments (COLA) had been established in the existing ordinance. She added that she was not totally opposed to some type of adjustment; however, financially it was very tight.

Commissioner Nielsen offered that the public might have a different perception of approving an increase in Elected Officials salaries. She also felt that of the 13 counties listed only six were truly comparable with SJC. She asked that a new study be drafted taking out the data from the following counties: Clallam, Clark, Kitsap, Thurston, Whatcom and Skagit.

Commissioner Evans stated that this issue was about maintaining policy and integrity; however, the County needed to be careful financially. He did not want to consider a 100 percent parity favoring a mid point range and agreed with using the counties suggested by Ms. Nielsen. The Chair raised the question of how any increases would be paid for. She asked if other staff or department budgets would be cut. Discussions continued which included additional input from Mr. Cumming regarding the liability associated with being an elected official.

Ms. Rusnak stated that both Ordinances 7-2000 (related to Commissioners’ salaries) and 8-2000 state that salaries would be reviewed every three years. She will compile additional information as requested using the new list of comparator counties for further review and consideration at 2:30 p.m., Tuesday, February 3, 2004.

— 2:30 p.m.: A work session was held with the SJC Ferry Advisory Committee (FAC). Present: Bob Distler, FAC Chair; Jim Smith and David Moody, FAC members from Lopez Island; Steve Mason, Shaw Island resident; and interested citizens.

It was announced that several FAC members were unable to attend the meeting due to prior commitments. Mr. Distler updated the BOCC on issues regarding Bremerton and other ferry runs. He made some suggestions for presentation to legislators, which the Board asked him to put in writing for their upcoming rally. The next issue discussed was the pending sale of the property owned by the Franciscan Sisters on Shaw Island. The nuns hold the contract for operation of the ferry dock and ownership of the only store on Shaw. At issue is the proposed transfer of ferry terminal operation to the prospective new owners of the store. He presented a draft letter for consideration of the BOCC related to this complicated situation addressed to Michael Thorne, CEO of Washington State Ferries (WSF).

Commissioner Miller related that she had received information that another entity from San Juan Island had been offered this contract and had subsequently learned that this was not the case. She voiced her support along with Commissioners Evans and Nielsen that this service remains within the Shaw community, and that she supported the Masons being awarded this contract. She added that she had spoken to Tracy Brewer-Rogstad of WSF regarding this matter. She was informed that no contract had been offered as yet; but that there had not been time for WSF to go through the formal RFP process prior to the close of the sale.

Mr. Distler noted that the nuns could subcontract or employ under their agreement; however, they could not convey their contract with WSF to another party. Mr. Mason explained that the pending purchase of the store would not be feasible without being able to secure the associated ferry-landing contract. Mr. Distler stated that it might be possible to award an interim contract while conducting the formal RFP process. The Board then took action to sign the proposed letter. (Refer to CORRESPONDENCE for the formal motion.)

The next topic discussed was a review of a proposal for a ferry reservation system. Mr. Distler explained how this process would work and that the concepts were in place but not without several problems. Some of the issues would be the need for separate holding areas for those with reservations and those without. With current ferry service levels, the FAC does not feel this is workable but requires direction from the Board if they should continue with additional work on this proposal.

Chair Nielsen asked for comments from Mr. Smith and Mr. Moody as well as the BOCC. In summary, both Lopez FAC members stated that residents in their district did not favor implementing such a system. Mr. Distler explained more of the complexities of this type of scheme. WSF would be required to install an expensive computerized system to control reservations. Mr. Moody added that there will always be a peak season, but residents have adjusted to the longer lines. Commissioner Evans stated that he does not favor a “first class and steerage system.” He elaborated on his views at length concluding with the statement that he is opposed to a reservation system in SJC. Commissioner Miller agreed with Mr. Evans, offering additional analogies.

Commissioner Nielsen stated that she thought the majority of people who want a reservation system are from San Juan Island. She added that for many years islanders had hoped for boarding preference for local residents. While noting the BC Ferries has a reservation system, she conceded that it would not work here with existing infrastructure limitations. She requested that the FAC prepare a written opinion as to why this would not work in the San Juan Islands. Commissioner Miller offered to work with Mr. Distler on a letter to this effect. Mr. Distler suggested that this topic would be good for a public meeting sometime in February.

The last topic reviewed was loss of galley food service. Mr. Distler explained the history of the process to secure a new contract food provider and problems associated with WSF requirements. He detailed the union issues related to ferry food service and stated that any decision on this matter will be on hold until the lawsuit filed by WSF is resolved. The suit will be heard in Thurston County. In his opinion, it was questionable whether there would ever be year-round food service in the future.

— 3:15 p.m.: A work session was held with the Community Development and Planning Department (CDPD) regarding Urban Growth Areas (UGAs). Present: Randall Gaylord, Prosecuting Attorney; Alan Marriner, Deputy Prosecuting Attorney; Joseph-McKenna Smith, CDPD Director; Francine Shaw, Deputy CDPD Director/Land Use Manager; Rick Rutz, Senior Planner II; and interested citizens.

Mr. Rutz began with a verbal presentation of a draft Work Plan; draft of the scope of work for a Capital Facilities Planning for water service for a Lopez Village UGA for a 20-year period; a draft ordinance that would establish a moratorium on subdivision of parcels smaller than five acres in certain areas of the Eastsound UGA; and, a detailed graph of the “tightest” timeline for completing UGA analysis and submittal. During the presentation he explained it will take a year to complete what the Growth Management Hearings Board (GMHB) has ordered with the required public process.

Commissioner Miller asked if this task could be accomplished in less time if additional help was available. Mr. Rutz and Mr. Marriner did not believe the time frame could be shortened and pointed out that part of the timeline illustration provided for some consulting work. Ms. Miller stated her preference was to complete the required process as quickly as possible.

Commissioner Evans disagreed with the information presented. He requested a second opinion apart from the Prosecutor’s office stating he did not see why the County had to spend another year and a half on the needs of Eastsound and Lopez Village. He was not in favor of the proposed moratorium; expounded on his views concerning the work that has already been completed; and, he added that the BOCC has had no time to read or digest the information provided today.

Commissioner Nielsen stated she had concerns with the approach being proposed. She posed specific questions for Mr. Gaylord and Mr. Marriner. Their reply referred her to the October 15, 2002 decision of the GMHB and described several tasks resulting from that order. Mr. Marriner acknowledged that the Eastsound Sewer District has updated its plan; however, it must meet the requirements of the UGA and he has not yet reviewed it for compliance. He carefully explained that what may appear to “work” related to water, sewer, drainage and other issues, may not meet GMA requirements.

The required Capital Facilities Plan is now only in the beginning of the process. Even more complex in Eastsound is the “drainage” capital facilities plan. On October 28, 2003 the GMHB determined that the boundaries on the UGA as set are non-compliant boundaries.

A lengthy debate ensued regarding requirements for compliance.

The Lopez Village UGA was then addressed. Mr. Marriner stated he thought the Sewer Capacity Plan was close to completion. However, a drainage and a water capital facilities plan must be done. Boundaries also need to change. In Lopez Village there are other environmental issues and a new EIS, or an amendment to the existing EIS, may be required.

In answer to several questions by BOCC members, Mr. Gaylord reviewed the process to date. He noted that the County had hired consultants for some of the Eastsound work and they found the water and sewer analysis to be incomplete. He reminded the BOCC that after the October 2002 decision, he and staff met with all service providers in Eastsound in November 2002, and worked for 14 months with the planners and providers to meet the requirements of the order. He noted it was the BOCC that allowed “Eastsound” to take the lead. He added that he and staff need to take all the work that has been done and evaluate it, and then present this new work to the GMHB. Continuing, he stated that, as a county, we must examine the boundaries. Mr. Gaylord felt the Eastsound group has completed much of the work but the Lopez Village UGA needs more work.

Commissioner Miller noted that Lopez Village and Eastsound are very different. She reminded those present that funding was provided by the County for the Lopez Sewer District expansion to assist with compliance issues. Subsequently, questions have been raised whether or not the funds were used improperly. This required time to resolve. She went on to detail known sewer and water issues remaining and how much work the citizens of Lopez have contributed.

Commissioner Evans offered his opinion on a solution to the drainage issue in Eastsound and was reminded by Mr. Gaylord that this referenced plan was submitted in 2001 and rejected by the GMHB. Mr. McKenna-Smith agreed that an adequate plan must be completed and acknowledged that funding is still an issue. Due to time constraints, it was agreed that the work session would be continued to the following week.

Mr. Marriner asked to make a comment. He offered that there are three possibilities. Get the work done; revisit the UGAs versus any other alternative; and third, if we complete the work, what is the size of the project and how much will it cost. He stated that the Prosecutor’s office wanted to complete the work and noted the County has only 30 days to make a plan to submit for approval.

Commissioner Evans stated there were other components of concern. How do we define what is good enough? Further, he said that the County does not have the money to complete these tasks. Commissioner Miller then posed, “What’s good enough is who appeals.” She concluded that the process is out of control and moved to recess the meeting for the day.

The Board will review all paperwork submitted and reconvene the work session at 9:00 a.m., on Wednesday, January 21, 2004.

EXECUTIVE/CLOSED SESSIONS

— 10:04 a.m.: Commissioner Nielsen announced the BOCC would hold an executive session estimated to last approximately one hour to discuss a matter of real estate acquisition, pursuant to the provisions of RCW 42.30.110(1)(b). A recess was called at 10:57 for 10 minutes. The executive session resumed at 11:07 a.m. The session ended at 11:27 a.m. for an actual session time of 1 hour and 13 minutes. No action was taken.

RECESS

At 4:00 p.m., Chair Nielsen recessed the meeting for continuation of the 3:15 p.m. work session until 9:00 a.m., Wednesday, January 21, 2004. The next regular meeting was scheduled for Tuesday, January 27, 2004.

Wednesday, January 21, 2004 — BOCC Hearing Room

CALL TO ORDER

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

ACTION ITEMS

WORK SESSIONS

— 9:00 a.m.: A continued work session was held from January 13, 2004, with the Community Development and Planning Department (CDPD) regarding Urban Growth Areas (UGAs). Present: Alan Marriner, Deputy Prosecuting Attorney; Joseph-McKenna Smith, CDPD Director; Rick Rutz, Senior Planner II; and interested citizens.

Mr. Marriner began with background information on the fact that the BOCC had formed the UGAs including the boundaries in 2000. The Growth Management Hearings Board (GMHB) had determined they were acceptable but that the Capital Facilities Plans had to be done. Consultants were hired to do several analyses.

In the fall of 2000, this work was taken back to the GMHB and it was determined that the work presented on water was acceptable; however, the County still needed the Capital Facilities Plans and a drainage plan for each UGA. He noted that the Eastsound UGA was closer to completion than the Lopez Village UGA. He reminded the Board that over a year was spent on the Airport Overlay District for Eastsound and the study of the Lopez Village aquifer. To date, he stated that SJC has done good planning; and, that he believed that a completed Capital Facilities Plan for all areas required could be accomplished within a reasonable period of time.

Mr. Rutz had prepared new handouts more clearly detailing the work already completed and projects yet to be accomplished. This document packet was entitled “Table 1.” Using blow-ups of the current maps of Eastsound and Lopez Village, he then presented a detailed history of the development of the boundaries of the UGAs, the known capacities of the water and sewer providers for both areas; addressed possible consideration of modifications of the current UGA boundaries and the resulting need for potential amendments to the Eastsound Subarea Plan if implemented; and, the estimated in-house and consulting costs of completing the items listed on the new handouts.

The Board expressed its appreciation for the clarity and conciseness of the presentation. BOCC members then presented their individual views, addressed issues of concern, posed questions, and proposed solutions related to the matter at hand.

The following is a summary of pertinent direction:

(1) Mr. Marriner has been working with the Fisherman Bay Sewer District on matters previously addressed and was requested to keep the BOCC informed of any new information.

(2) Commissioner Nielsen requested an adoption target date of November 15, 2004 as a caveat to approval of specific action taken.

(3) The BOCC may consider a temporary moratorium on specific future growth/subdivision development for portions of the UGA area in Eastsound as was previously adopted with regard to the Lopez Village UGA until it can be determined if service providers can or cannot meet the service requirements of the designated boundaries. This matter will be further considered on Tuesday, January 27, 2004. Final consideration and options regarding both UGA boundaries will be addressed when the Capital Facilities Plans have been completed.

(4) Affordable housing issues will also be reviewed when all data is submitted by service providers and incorporated into the Capital Facilities Plans.

(5) The BOCC declared that completion of the tasks necessary to satisfy the GMHB order are a priority.

(6) Mr. Marriner stated he would provide to Mr. Rutz all recent information his office has received regarding service provider submissions and reports to allow a more cohesive analysis of what additional planning information is required. Commissioner Nielsen requested a deadline of March 1 for submission of all required documentation to the County. Mr. Rutz and Mr. Marriner voiced that a more realistic date would be the end of April at the earliest. Ms. Nielsen requested that Mr. Marriner prepare a letter for BOCC signature to service providers should they fail to submit documentation required under the law by the end of April at the latest.

(7) As drainage plans for both Eastsound and Lopez Village are to be performed by the Public Works Department, and are a requirement under the order issued, it was requested that time be scheduled to discuss this matter including funding impacts next week.

(8) Mr. Rutz will return in two weeks with a revised report based on the discussions and direction from today. At that time the BOCC will consider SEPA issues and other items that may require additional funding.

After lengthy discussions, Commissioner Miller offered a motion encompassing many issues. There was no second. To further consider the items proposed, the Board requested she offer separate motions for each matter. She agreed to restate the items in individual motions and the following action was then taken:

Moved by Miller, seconded by Nielsen, to go forward with Capital Facilities Planning as outlined in “Table 1” of the information presented today from CDPD with a friendly amendment to have a final adoption target date set for November 15, 2005. Motion carried with Commissioner Evans opposed.

Moved by Miller, seconded by Nielsen, to instruct the Public Works Department that completion of the Lopez Village and Eastsound drainage plans are priorities and to be completed within the target timeline. Motion carried unanimously.

Moved by Miller, seconded by Nielsen, to authorize moving forward with the necessary paperwork to the Auditor for a public hearing to consider an emergency appropriation for up to $5,000 to finish the Lopez Village sewer district scale to cost for a compact Lopez Village UGA planning. Motion carried with Commissioner Evans opposed.

EXECUTIVE/CLOSED SESSION

11:36 a.m. — Commissioner Nielsen announced the BOCC would hold an executive session estimated to last approximately 30 minutes to discuss a matter of litigation, pursuant to the provisions of RCW 42.30.110(1)(i). The session ended at 11:56 a.m. for an actual session time of 20 minutes. The Board came out of executive session and took the following action:

Moved by Miller, seconded by Evans, to appeal the decision of the Thurston County Superior Court related to Accessory Dwelling Units (ADUs) in San Juan County issued on January 9, 2004. Motion carried.

Moved by Nielsen, seconded by Evans, for San Juan County to pursue legislative remedy to Washington state statutes for detached Accessory Dwelling Units (ADU’s) in rural areas. Motion carried.

ADJOURNMENT

Moved by Miller, seconded by Evans, to adjourn the meeting at 11:59 p.m. Motion carried. The next meeting was scheduled for Tuesday, January 27, 2004.

These minutes were approved and signed on January 27, 2004. The original document is retained in the permanent BOCC proceedings file dated January 13 and 21, 2004.

Attest: Carolyn K. Morrison, Deputy.

LEGAL NO. SJ-1216

Published: February 11, 2004

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