Public Notices: County of San Juan

CALL FOR PROPOSALS

FOR CONSULTING ASSISTANCE

IN PREPARING A GMA-COMPLIANT

SAN JUAN COUNTY CAPITAL FACILITIES PLAN

Statements of qualifications and proposals are requested for assisting staff in the development of a 1-, 6- and 20-year Capital Facility Plan which complies with the needs of the GMA and the need for a related project funding plan.

Please propose a plan to establish space and systems needs, LOS standards, mechanisms to identify and prioritize critical projects, identify funding sources to fully fund projects, design measuring systems and train staff, help produce the graphics and final documentation.

Submit to: SJC Public Works Dept., 915 Spring St. / P.O. Box 729, Friday Harbor, WA 98250 by March 19, 2004 at 4 p.m. For more information, please contact Joanruth Baumann at 370-0509.

LEGAL NO. SJ-1232

Published: March 10, 17, 2004

PUBLIC NOTICE

SAN JUAN COUNTY PARK BOARD

San Juan County Park Board meeting

Thursday, March 18, 2004

8:40 a.m. - 11:15 a.m.

Location: CD&P Conference Room (Courthouse Annex, 135 Rhone St.) Friday Harbor.

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

LEGAL NO. SJ-1234

Published: March 10, 17, 2004

SUMMARY OF THE MINUTES

SAN JUAN COUNTY (SJC), WASHINGTON

BOARD OF COUNTY COMMISSIONERS (BOCC)

TUESDAY AND THURSDAY, MARCH 2 AND 4, 2004

Tuesday, March 2, 2004 — BOCC Hearing Room

CALL TO ORDER

BOCC Chair Nielsen called the meeting to order at 9:00 a.m. 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

The posted BOCC Agenda and Discussion Matters Agenda were revised.

APPROVAL OF MINUTES

Moved by Evans, seconded by Miller, to approve the minutes of February 24, 2004. Motion carried.

CONSENT AGENDA

Moved by Miller, seconded by Evans, to approve the Final Consent Agenda of March 2, 2004 as follows:

A. Contracts/Agreements:

— 1. Agreement No. 04SJ06: Sign the Lease Agreement between SJC and David J. McRoberts and Mary Lee McRoberts, and Rodney L. Juntunen and Mariko Juntunen, all as tenants in common, for the purpose of providing a San Juan County facility on Lopez Island for the period of January 2004 through December 2008, in the amount of $1,242.89 per month for the use of the northern two-thirds of the Cormorant Building; and $143.19 per month for a portion of the “Wiseman Dock” for storage of the Sheriff’s boat, with said amounts being for the first 12-month period of the lease, under the terms and conditions set forth therein.

B. Budget/Warrants:

— 1. Approve the Claims Fund Warrants in the amount of $924,566.95 and Salary Fund Warrants in the amount of $792,378.32 for a total of $1,716,945.27 for the period February 1, 2004 through 28, 2004.

C. Personnel:

— 1. Approve the request by the Emergency Services Manager to post the position of Emergency Services Manager from at 1 FTE at Range O, Step 1 of the 2004 Management & Unrepresented Salary Schedule with a concurrent recommendation from the Human Resources Manager, noting that this position is primarily funded by grants.

D. Bid Openings:

— 1. Approve a Call for Bids for 600 to 700 tons of CR5-2 asphalt emulsion with sealed bids to be received by the BOCC until 3:15 p.m., April 20, 2004 and the bid opening occurring precisely at 3:15 p.m. April 20, 2004.

— 2. Approve a Call for Bids for 1,800 tons of 5/8-inch chiprock for San Juan Island with sealed bids to be received by the BOCC until 3:15 p.m., April 6, 2004 and the bid opening occurring precisely at 3:15 p.m. April 6, 2004.

Motion carried.

ACTION ITEMS

CONTRACTS/AGREEMENTS:

— Agreement No. 04AD01: Moved by Miller, seconded by Evans, to sign the Vendor Agreement between SJC and Cerium Networks of Spokane, WA., for a PBX Telephone System for the County, in the amount of $218,090.47, pursuant to the selection of this vendor by motion on February 24, 2004. Motion carried.

BUDGET ITEMS/WARRANTS:

— 1. Request for Emergency Appropriation: Moved by Evans, seconded by Miller, to approving moving forward with the necessary paperwork to the Auditor for a public hearing to consider an emergency appropriation from the General Fund in the amount of $15,653 for the SJC portion of the Labor and Industries (L&I) cost assessments to the Washington Association of Counties (WSAC) Retrospective Rating Group. Motion carried.

MISCELLANEOUS ITEMS:

— 1. Closing Certificate on Bond Documents: Moved by Miller, seconded by Evans, to authorize the Chair to sign the Closing Certificate on bond issuance, pursuant to Resolution 107-2003 and Resolution 12-2004. Motion carried.

DISCUSSION ITEMS — NO ACTION TAKEN

— 1. Legislative Updates: Commissioner Nielsen reported that the proposed legislation regarding Accessory Dwelling Units was “dead.” She suggested inviting legislators to SJC after the current legislative session has concluded to hold discussion on how to proceed with new legislation for 2005. The BOCC agreed.

She also reported that she will attend a Legislative Steering Committee meeting this Friday in Olympia. Some bills regarding tort reform will be discussed. The new Tim Eyman initiative has been filed and would impact County Current as much as $822,615 and the County Road Fund $541,000. This amount was based on estimated figures provided by the County Assessor. Commissioner Miller added that the mental health cuts could be devastating.

PUBLIC HEARINGS/MEETINGS

— 1:30 p.m.: A public hearing was held to consider a proposed ordinance amending San Juan County Code 8.14, Rules and Regulations of the SJC Board of Health Regarding Solid Waste and Biosolid Handling and Facilities and to adopt, by reference, Chapter 173-350 WAC, Solid Waste Handling Standards. Present: Mark Tompkins, Environmental Health Manager.

Mr. Tompkins explained that the ordinance and revisions are acceptable to the WA State Department of Ecology (DOE); however, the SEPA was published at the end of February and therefore the required comment period is still open. Because of this, he requested that the hearing be continued to a date certain after calling for testimony.

Public testimony was opened, none submitted, and closed. Deliberations began. The Board stated that they were in favor of the proposed amendments as presented and agreed to continue the matter as requested prior to formal adoption. The following action was taken:

Moved by Miller, seconded by Evans, to continue the hearing to consider the matter before us for deliberations only to 10:00 a.m., Tuesday March 23, 2004. Motion carried.

BOCC ADMINISTRATIVE SESSIONS

— Community Development and Planning Department (CDPD). Present: Joseph McKenna-Smith, CDPD Director.

Agenda:

(1) General Updates: Mr. McKenna-Smith reported that his department is now fully staffed. The barge landing report was published last week and the comment period has started. There have been 20 single-family residential building permit applications filed YTD. The oldest permit application is 14 days old and project deadlines are expected to be met.

Commissioner Evans stated that he was pleased to share that he no longer receives complaints concerning permit issues and publicly thanked Mr. McKenna Smith for his contribution and that of his staff. Mr. McKenna-Smith credited his Deputy Director, Francine Shaw, and the entire CDPD staff for their part in achieving these accomplishments. Commissioner Nielsen added that SJC now has one of the fastest permit turn-around times in the State as well as some of the lowest fees.

(2) Detached Accessory Dwelling Unit (ADU) Status.

(Recorder’s Note: At the request of the BOCC Chair, the following brief historical background information is provided: In 2003, a Growth Management Hearings Board Order (GMHBO) ruled that there could be no detached ADUs built on rural or resource land. SJC appealed that decision to Superior Court. The Court upheld the ruling and the County is currently considering additional appeals.

(The County elected not to change the existing SJC Code regarding this issue at this time as the GMHBO automatically disallows detached ADUs. The County has been and remains in compliance with this order. No new, detached ADUs under the ruling are to be permitted until the issues are resolved.)

Discussion: Commissioner Nielsen stated she was getting calls regarding the ADU issue and questions from citizens on the definition of a “detached” ADU (formerly referred to as guest houses). Mr. McKenna-Smith stated detached means no common wall is shared with another structure.

Commissioner Evans asked if there were any applications being submitted for detached ADUs even though the County is not allowing permit processing or construction. Secondly, he asked if other structures such as art studios, pottery sheds, etc., were still being constructed. Mr. McKenna-Smith explained that no detached ADU (“guesthouse”) applications have been requested. Permits are being issued for non-dwelling units. A bathroom is allowed in such structures but not a cooking facility. If a property owner lived in a small cabin (1,000 square feet or less) and desired to build a larger home on their parcel, it could be done providing that when the new structure was occupied, the existing kitchen in the pre-existing cabin was removed. They would be allowed to leave a small sink in the old kitchen area if desired. There were no other questions posed.

— Administrative Services Department (ASD). Present: Dave Zeretzke, ASD Director, and Becky Rusnak, Human Resources Manager.

(1) PBX Contract: Mr. Zeretzke presented the contract with Cerium Networks for the new County phone system for consideration. He informed the Board that there will be a Change Order coming for sales tax on the labor portion of the contract. This oversight was found after the vendor had signed the final agreement. The estimated amount will be approximately $3,595. Work on the system is estimated to begin on Friday, March 5. He explained some of the physical changes that will occur in the Courthouse basement.

The expected twenty percent (20%) funding from the state related to the E-911 portion of the system will not be forthcoming. The SJC Capital Budget will cover a portion of the amount previously anticipated. He presented a rough estimate of other charges that may occur including a 1 percent contingency. The target date for the change to the new system is March 26, 2004. (Refer to CONTRACTS/AGREEMENTS for details of action taken.)

(2) Retrospective Rating Group Assessment and Request for Payment: Mr. Zeretzke had provided copies of several emails and spreadsheets to the Board explaining that the Washington Association of Counties (WSAC) Retrospective Rating Group has been assessed for additional Labor and Industries (L&I) costs. The total assessment for the pool members was $510,160. SJC’s portion amounts to $15,653.

This assessment is due to increased L&I premiums and claims as well as other issues. The Risk Pool was formed in 1989 and has saved the 26-member counties a great deal of money. In prior years, there have been refunds issued back to SJC on premiums paid; however, this is the second consecutive year of assessments against the Risk Pool. Because a third year would mean that the Pool would have to be disbanded for at least a five-year period, WSAC and the Retro Rating Group is proposing a “Third Party Mediator” to reduce costs. (Refer to BUDGET ITEMS/WARRANTS for details of action taken regarding appropriation of the SJC assessment portion.)

The Board requested additional information on the proposal to engage a Third Party Mediator. Mr. Zeretzke explained that the cost for SJC’s portion of this service would be an additional $11,000. However, with increased medical costs and an aging workforce, the half-million dollar cost to the Risk Pool should result in no further assessments and an overall reduction in costs.

The Retrospective Rating Group is comprised of small rural counties. Overall the program has saved money and has been successful. He explained the complexities involved when an employee is injured on the job. The firms that do third-party mediation work with L&I case managers and the injured workers. The County cannot offer advice of any kind, but can ask questions. He posed a hypothetical example of how complicated cases can be.

The Board discussed the benefits proposed by supporting the recommendation of WSAC and the following action was taken: Moved by Miller, seconded by Evans, to recommend that WSAC hire a third party administrator for support in the Retrospective Rating Group/Pool for the following year to assist with the reduction of costs as discussed. Motion carried.

— Health and Community Services Department (HCSD). Present: Joyce Rupp, Community Services Manager.

(1) Affordable Housing Fund Commission (AHFC) Budget: Ms. Rupp presented a letter dated February 4, 2004 and attached budget from Bob Gamble, AHFC Chair. There is a cash carryover from 2002 and 2003. The Commission presented their proposal for use of the funds listed.

The BOCC requested a work session be scheduled to meet with the AHFC members and other affordable housing groups to discuss housing issues. It was agreed to hold the session on Tuesday, April 20, 2004 at 10:30 a.m. Ms. Rupp will inform the AHFC members at their next meeting.

(2) Community Services Department Updates: Ms. Rupp informed the BOCC that all of the Senior Services Council transportation vans have now been transferred to the County whose insurance is covered through the WSAC Risk Pool. This transfer saves the Council approximately $27,000 a year in insurance premiums. Their cost is now about $200 annually. Ms. Rupp thanked the BOCC for making this possible.

She reviewed the status of the Senior Centers on San Juan, Orcas and Lopez Islands explaining that there are some restrictions for non-profit corporations regarding the use of the senior center facilities. Representative Jeff Morris and Senator Harriet Spanel will be meeting with the Council this summer to address possible new legislation proposals. Ms. Rupp related that the Orcas and San Juan centers are operating well and the Orcas project is now debt free.

— Public Works Department (PW). Present: Jon Shannon, PW Director. Agenda:

(1) Request to Surplus the County Owned Property on Second Street Leased to the Pawn Shop: Mr. Shannon reported that the Capital Improvement Committee had met and recommended that this County owned building be surplused and removed from the property list.

The building, also known at the Virgil Frits House (the first publisher of The Journal of the San Juan Islands), is in very poor condition. The process to surplus this property will take about 60 days and a public hearing will be required.

The Board discussed options for disposal of the property, including a possible relocation to property owned by the SJC Land Bank within the Town of Friday Harbor that may serve as a new location for this historic structure. By consensus, the Board requested Mr. Shannon speak with Dennis Shaffer, Land Bank Director, to discuss this option further and report back with additional information.

(2) Emergency Road Repair Issues. Mr. Shannon presented photographs of two critical road issues that would require an amendment to the 2004 Annual Transportation Program and funding authorization. The first is located on Point Lawrence Road on Orcas Island. The existing culvert requires replacement. He detailed what has taken place during high tides and recommended approval to go forward with a resolution to address this repair.

By consensus, the Board agreed to direct Mr. Shannon to prepare the required resolution and funding requirements for formal consideration. The second critical repair would be to the Obstruction Pass ramp. This ramp is used to deliver goods and fuel to Orcas Island. The 22-year-old ramp has eroded and a layer of eight inches of sand is causing very dangerous conditions for vehicles attempting to debark from the transport barges. It is possible that heavy vehicles could become lodged in the sand resulting in fuel spills and other hazards.

Mr. Shannon also informed the Board that this temporary repair would be followed by a proposal for a permanent ramp similar to the Odlin Park ramp. By consensus, the Board agreed to direct Mr. Shannon to add this item to the aforementioned resolution along with the funding requirements for formal consideration.

(3) Project Updates: Mr. Shannon will meet with Richard Civille of the Economic Development Committee regarding the WA-CERT process. He has identified 12 projects that need to be accomplished that may meet the criteria. He will also discuss the HB 2260 — .08 funding process and which projects may qualify.

The Lopez Village drainage plan has progressed well and he is pleased with the work the PW staff has done. He stated that his department feels they will meet the deadlines for both Eastsound and Lopez Village. The roof replacement should be completed by the end of this week.

Commission Nielsen asked about Capron money and its distribution. Mr. Shannon stated that he had met with the County Treasurer to reconcile distribution from the State. The distribution in the future will be according to the calculation set forth in the law. An Interlocal Agreement can be entered into to distribute the portion of this special road project funding that is relegated to the Town of Friday Harbor if different than the State calculations. He added that over many years, there has been an overpayment to the Town of Capron funds as there was never a formal agreement.

The Cattle Point Road project is progressing but the utility relocation issue is still unresolved.

EXECUTIVE/CLOSED SESSIONS

— 2:08 p.m.: Commissioner Nielsen announced the BOCC would be holding an executive session estimated to last approximately 15 minutes, to discuss a matter of litigation, pursuant to the provisions of RCW 42.30.110(1)(i). The session ended at 2:21 p.m. for an actual session time of 13 minutes. No action was taken.

— 2:24 p.m.: Commissioner Nielsen announced the BOCC would be holding 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 2:50 p.m. for an actual session time of 26 minutes. No action was taken.

— 2:51 p.m.: Commissioner Nielsen announced the BOCC would be holding an executive session estimated to last approximately 45 minutes, to discuss a matter of litigation, pursuant to the provisions of RCW 42.30.110(1)(i). The session ended at 3:48 p.m. for an actual session time of 57 minutes. No action was taken.

RECESS

At 3:50 p.m., BOCC Chair Nielsen recessed the meeting until 1:30 p.m., Thursday, March 4, 2004 for an executive session, with the possibility of a second executive session to be held at 3:30 p.m. by teleconference call in a location to be determined.

Thursday, March 4, 2004 — Office of the Prosecuting Attorney

EXECUTIVE/CLOSED SESSIONS

— 1:32 p.m.: Commissioner Miller made an announcement in the BOCC Hearing Room that the continued meeting of BOCC would be to hold an executive session in the offices of the Prosecutor via telephone. The session commenced at 1:36 p.m.

Commissioner Nielsen and Evans participated via telephone and a deputy clerk of the Board was present. The session was estimated to last approximately 30 minutes to discuss a matter of litigation, pursuant to the provisions of RCW 42.30.110(1)(i).

At 1:55 p.m., Commissioner Miller came out of executive session and announced that the Board was recessed and would resume the executive session at approximately 3:30. At 3:30 p.m., an announcement was made by the deputy clerk that the board would not resume until after 4:00 p.m. and posted a notice on the Hearing Room doors. The executive session resumed in the office of the Prosecutor at 4:45 p.m. The session ended at 4:54 p.m. for a total session time of 28 minutes.

The Board came out of executive session and took the following action: Moved by Evans, seconded by Miller, to authorize the Prosecuting Attorney to sign the settlement document on behalf of the County as discussed in session. Motion carried.

ADJOURNMENT

Moved by Miller, seconded by Evans, to adjourn the meeting at 4:55 p.m. Motion carried. The next meeting was scheduled for Tuesday, March 9, 2004.

* * * * * * * * * * * * * * *

These minutes were approved and signed on March 9, 2004. The original document is retained in the BOCC permanent proceedings file dated March 2 and 4, 2004.

Attest: Carolyn K. Morrison, Deputy.

LEGAL NO. SJ-1238

Published: March 17, 2004

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