The following vouchers/warrants were approved for payment by unanimous motion of the Board: Voucher (War.) #175026- 175273..................................................$202,051.88.

Veterans Assistance Fund:

Claim V97-7 Veterans Assistance Review Committee reached no majority recommendation on this claim. The Veteran has not been a resident of the State of Washington for one year as required by RCW 73.08.010. By unanimous motion, the Board denied the claim.

Claim V97-8 Veterans Assistance Review Committee recommended approval of the claim for $2,000. By unanimous motion, the Board approved the claim as recommended, with the following language included in a letter to the veteran:

recapped from his discussion with the Board at Staff Session on this subject. The Olympic Microloan Fund is a consortium of eight northwestern Washington State counties, funded 100% by Federal Community Development Block Grant funds. Microenterprise lending is defined as businesses that have five or fewer employees, not counting the owner or owner’s family, and earned $750,000 to 1,000,000 a year. This is a tool to help existing businesses or start up businesses that could not access more traditional capital. The loan application is reviewed first by the local Island County Committee [recommending appointment of Ken Hulett, InterWest Bank; Andrew Hunter, Whidbey Island Bank; and Dave Ellis, Building Source, Inc., as the Island County Loan Committee]. If the application passes the local committee it is forwarded to the overall loan committee consisting of one representative from each county and the application compared with the other loan applications during that funding cycle.

This is an on-going revolving loan fund and loan payments come back into the Olympic Loan Fund and are relent. The interest rate is the full current SBA rate and sometimes a little above that. Loans must be paid back in not more than five years. Working with this is the Cascadia Revolving Loan Fund, a private group. The program has been up and running for a little over a year now and there have been approximately 10 loans, all being paid back in a timely manner. Administrative costs paid from the loan fund to Cascadia are relative minimal and amounts to a total of only a few thousand dollars up to this point in time.

Page 3 of the Amendment, Item #6, speaks to the appointment of one member to the advisory committee from each party to the agreement. Mr. Hitt explained that it could be one member appointed, but his suggestion was that the Board consider appointing him as the member.

The Board received the proposed amendment only and not the original contract. Mr. Hitt explained that the amendment would actually be the new complete contract. However, Commissioner McDowell pointed out that was contrary to what Dave Jamieson, Jr., Deputy Prosecuting Attorney, stated on the Island County Contract Review Form: "note that

sections 5,7,8.,9,10,11,12,13,14,15,16 & 17 of the original agreement still will apply to Island County.".

The Board continued action on this matter until next Monday at 9:45 a.m., and provided a copy of Mr. Jamieson’s comments to Mr. Hitt for his review and resolution.

Pursuant to RCW 17.29.110(1) the Board of County Commissioners appoints the five members of the Mosquito District Board of Trustees when the district is entirely within the unincorporated area of one county. Therefore, when the one year terms of three members of the Board of Trustees expires the Board appoints three replacements, each for a two year term pursuant to RCW 17.29.130. On motion of Commissioner Shaughnessy, seconded by Commissioner McDowell, the Board unanimously took the following action to appoint and reappoint members to the Board of Trustees, Camano Mosquito Control District:

Reappointed Valerie Marsh - term ending January 1, 1999

New Appointments: Bill Enger and Grant Lawrence - term ending January 1, 1999.

In accordance with RCW 36.32.210 Commissioner Shaughnessy moved the Board’s approval of Resolution #C-10-97 certifying the Island County Personal Property Inventory and filing same with the Island County Auditor. Motion, seconded by Commissioner McDowell, carried unanimously.

WHEREAS, pursuant to R.C.W. 36.32.210, the Board of County Commissioners of Island County, Washington, hereby certifies that the inventory of all personal property of Island County, Washing-ton, consisting of the returns from the various county departments for the year 1996, was filed with the Island County Auditor on March 3, 1997; and

WHEREAS, the members of the Board of Island County Commission-ers hereby certify that they have reviewed said inventory of personal property for the year 1996 and believe the same to be complete, accurate and true to the best of their knowledge and belief, based upon the information submitted and certified by the individual elected officials and county department heads.

ADOPTED this 3rd day of March, 1997.

BOARD OF COUNTY COMMISSIONERS

Mike Shelton, Chairman

Mac McDowell, Member

ATTEST: Tom Shaughnessy, Member

Art Hyland, Auditor & Ex-

Officio Clerk of the Board

recommended approval. By memorandum dated 2/24/97, Vince Moore, Island County Planning Director, recommended denial since there is no permit on file for the conduct of this business at this location and unless the gifts and/or flowers are made/grown on premise, it would not qualify for a home occupation under Island County Code 17.02 and that depending on the volume of the business, traffic considerations might also be an issue.

The Board took no action on the application at this time, continuing the matter until next week to clarify with the Planning Director what appears to be a conflict of names and location between that stated on the application and Mr. Moore’s memorandum.

Claim #97-001 Dick and Joan Caldwell, 1827 S. Driftwood Lane, Coupeville

Betty Kemp, Director, General Services Administration/Risk Management, presented the Board with a recommendation with regard to Claim for Damages filed by the Caldwells on January 3, 1997. The injury described was loss of full use/enjoyment of their residence for each day the affected portion of South Driftwood Way (Plat of Ledgewood Beach, Central Whidbey) was closed after March 13, 1996; and if the road is not opened within the foreseeable future, the fair market value of the residence. Damages claimed: (1) $10,731 for damages already incurred; (2) an amount not quantifiable for damages for future loss due to all vehicular and safe pedestrian access; (3) and if the road closure is permanent, an amount not less than $425,000 to $475,000. The claim was investigated by Ms. Kemp, Roy L. Allen, County Engineer. Ms. Kemp and Mr. Allen, along with a representative from the Washington State Counties Risk Pool, were on site Thursday. Due to recurring and unstable conditions on Driftwood Way, the County cannot guarantee uninterrupted access to the residence. As of this date, the road is still unstable. Ms. Kemp and Mr. Allen recommend denial of the claim.

It was Mr. Allen’s opinion that this slide area and slumpage was due to ground water and not surface water runoff. The ground water lubricates the old slide plain at two subsurface levels. Island County has no way to control ground water flow and manage it, rather, it is an act of nature and causes the whole thing to slip, with no means of controlling the water moving through the soil. As far as looking into the possibility of rebuilding the road, intention is to come to the Board with a recommendation to rebuild it as a primitive road and sign it as such, and use light weight type fill.

Commissioner Shaughnessy moved that the Board deny Claim for Damages #97-001 from Dick and Joan Caldwell as recommended by the Risk Manager and County Engineer. Motion, seconded by Commissioner McDowell, carried unanimously.

This claim, according to Ms. Kemp, filed by Ms. Froman on February 3, 1997, alleged Damage to property because of inadequate maintenance by the County to maintain the drainage system of the housing development above her property. Lew Legat, Assistant County Engineer, investigated the claim and recommended denial since it is not the County’s responsibility to design, improve or maintain the drainage system for the housing development. The property is Lot #2, Block 1, Plat of Ledgewood Beach. Claimant is asking for the fair market value of the property as of the day of the landslide, $150,000.

Mr. Allen noted this property is located next to the old Mitre house that collapsed. These two lots lie below the section of the road that dropped and the lots similarly dropped and ended up on the beach. There is no evidence of any ditches overflowing or being obstructed. The real source of the problem is ground water.

Chairman Shelton advised that during the period of heavy rains he drove the uphill part of the Plat of Ledgewood Beach and concurred with the Engineer’s assessment. Even with the large amount of rain there was no failure of any of the road ditches in the Plat of Ledgewood Beach and the claim is without merit.

Commissioner Shaughnessy moved that the Board deny Claim for Damages #97-014 by

Jean Froman as recommended by the Risk Manager and County Engineer. Motion, seconded by Commissioner McDowell, carried unanimously.

Elizabeth McKay, Director, Juvenile Court Services, requested approval and signature of the Board on Work Order under "Becca" (named after a young girl the "Becca Bill" when a proposal in the Legislature and now referred to as the "Becca law") funding allocated to Island County. Becca impact funds are for Truancy, At-Risk Youth and Child in Need of Services programs based on actual work done in 1995-96. The actual contract for which Becca funds are a part of was signed by the County with DSHS at the beginning of the bien-nium and covers all of the money Island County receives through DSHS. The term of the contract is June 30, 1997, with Becca funds in the amount of $36,492.00.

This funding from Becca was discussed with the Board during the budget process (budget workshop 10/30/96), and Ms. McKay proposed to hire a person to facilitate the Truancy, At-Risk Youth and CHINS process, to track juveniles who are involved in the Becca process, assist parents, assist the court, prosecutor and juvenile court services. Although the term of the work order is to 6/30/97, Ms. McKay explained that the intention is to bring the dollars into the budget and use the funds through the course of 1997, since funds are based on work already done.

Commissioner Shaughnessy moved to approve the Standard Work Order for $36,492.00 from Becca impact funds through the Basic State Contract between Island County and DSHS. Motion, seconded by Commissioner McDowell, carried unanimously.

Larry Kwarsick, Public Works Director, provided a status report on the Maxwelton Road Culvert Replacement Project (CRP#97-01). The Board declared an emergency and authorized Mr. Kwarsick to deal with the problems resulting from the storm. The culvert failed and was in jeopardy of collapsing and substantial risk was involved by not taking immediate action. At this time the culvert has been installed and in process of backfilling. The County Engineer’s estimate was $53,000; low bid was $42,930.00 from Brad Mason Trucking & Excavating. Mr. Kwarsick expected several change orders forthcoming as a result of

problems encountered during construction: (1) original culvert started leaking during the side by side trenching requiring immediate repair to culvert sections; and (2) as part of acquisition/right of entry, some considerations authorized that will be passed on through the contract. The stream work was done by March 1. It is not yet known when the road will be open to traffic, but it should not be a long period of time.

For the Board’s approval, Mr. Kwarsick submitted an Adopt-A-Road Litter Control agreement from Glynneden Gardens for Smuggler’s Cove Road from SR 525 southwesterly one mile to just past Eagle Bluff Road, South Whidbey Island. By unanimous motion, the Board approved the Agreement as submitted by Glynneden Gardens.

The Board received Supplemental Agreement #4 to the existing contract with Reid Middleton regarding the Good Road slope stabilization project, modifying the contract to extend completion date by 45 days, use mechanical stabilized earth which is cheaper than the originally proposed cantilever solider pile wall; geotechnical subconsultant work added; and the County’s obligation to provide right of way information is identified. There is no increase in compensation, according to Roy Allen, associated with Supplemental Agreement #4.

Commissioner Shaughnessy moved that the Board approve Supplemental Agreement #4 with Reid Middleton as recommended. Motion was seconded by Commissioner McDowell. Motion, as made and seconded, carried unanimously.

to vehicular traffic and adopt Resolution #R-15-97 presented today and reopen the road for single lane and limited use of the road for passenger vehicles only. He expected a proposal this week from an architect/engineer contractor to address long range solutions to the problem at Woodland Beach.

Commissioner Shaughnessy moved adoption of Resolution #R-15-97. Motion, seconded by Commissioner McDowell, carried unanimously.

Mr. Kwarsick stated that this was the last bit of work he felt needed to be done before revisiting with the Board the whole financial plan, assuming the Town approves the County’s plan next week. This work is a planning issue in that so much is based on photogrammetric surveying and has value regardless of whether the expansion is approved or not. The work will not be thrown away and will be available at any point in time it is needed.

Commissioner Shaughnessy moved that the Board enter into Professional Services Agreement #PW-972008 with Fakkema & Kingma, Inc., with the caveat that notice to proceed not be given until after approval from the Town of Coupeville. Motion, seconded by Commissioner McDowell, carried unanimously.

Mr. Kwarsick discussed with the Board the status of Madrona Way, which under Resolution #R-1-97 dated January 6, 1997, due to embankment failure on December 30, 1996, was closed to vehicular traffic and reduced to one lane in the vicinity of bluff failure.

Emergency repairs were completed as of 1/14/97 and recommends the road closure be lifted and will be going out with notification to officially open the road to the general public. Resol-ution #R-1-97 does not require an amendment of that resolution in order to reopen the road. A section of Madrona Way needs some additional repair and the Department is working with the contractor in terms of that, but there is no reason at this time why the road cannot be reopened.

Commissioner Shaughnessy moved approval of the Resolution as presented by Ms. Little;

motion, seconded by Commissioner McDowell, carried unanimously.

WHEREAS, the Maplewood Park Water System has prepared and submitted a water system plan per the Island County Coordinated Water System Plan, RCW 70.116, and WAC 248-56; and

WHEREAS, the water system plan and existing service area of the Maplewood Park Water System has been reviewed for consistency with the Island County Comprehensive Plan, the Island County Coordinated Water System Plan, and other applicable State and local codes and regulations.

WHEREAS, the Island County Public Works Department does not object to approval of the Maplewood Park Water System Service Area provided the conditions in the attached February 19, 1997, memorandum from Don Robinett to Debra Little are met.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Island County Commis-sioners that the water system plan and existing service area for the Maplewood Park Water System Water Company be incorporated into the Island County Coordinated Water System Plan.

ADOPTED this 3rd day of March, 1997.

ATTEST: ART HYLAND, AUDITOR &

EX-OFFICIO CLERK OF THE BOARD

The action proposed by this resolution has been reviewed and found to meet the current Island County Zoning and Land Use Statutes.

Vincent J. Moore, Director of Planning and Community Development

as follow-on to staff session February 19, 1997, presented proposed Resolution #PLG-004-97, with regard to processing new water systems into the CWSP. The recommendation that the Health Department review and approve Group B water system boundaries came about because of the time consuming and largely ministerial nature of the process. By memorandum dated February 19, 1997, Deputy Prosecuting Attorney Dave Jamieson commented that based on 1995 legislation, if the Board believed it appropriate for the Planning or Health Department to review the public water system boundaries and if the boundaries do not overlay with another public water system to incorporate that public water system into the CWSP, then the Board could delegate that authority by adoption of a resolution.

Commissioner McDowell recalled having discussed in staff session this subject, and that the Board had agreed if there was a down-sizing of a water system area that would also come to the Board, in addition to the Board continuing to review Group A water system boundaries and Group B appeals, but did not see that included in the resolution. He suggested adding language such as: "the Board of County Commissioners shall approve or disapprove proposals to reduce the size of an existing service area".

The Board agreed. Ms. Keeler revised the Resolution accordingly by including in the third "WHEREAS" paragraph the words "or requests for reduction in service area".

With that, Commissioner Shaughnessy moved approval of #PLG-004-97. Motion, seconded by Commissioner McDowell, carried unanimously.

With regard to Appeal #049/97 by Ernest & Patricia Dire, an appeal of the Hearing Examiner’s Decision dated January 16, 1997, heard by the Board on February 24, 1997 in closed appeal hearing for the record, Commissioner McDowell was prepared to read his statement of decision in the matter of the appeal by Ernest and Patricia Dire. The Board indicated on February 24th that a decision would be announced at public meeting within 14 days based on testimony. Commissioner McDowell read his statement into the record and asked for concurrence on the part of Commissioners Shelton and Shaughnessy:

Commissioner McDowell moved that the Board approve his statements and conditions just read, and direct the Planning Department to prepare Findings of Fact, Conclusions of Law and Decision on behalf of the Board to implement the statements. Motion was seconded by Commissioner Shaughnessy.

Under discussion, Commissioner Shaughnessy expressed his agreement with Commissioner McDowell’s statements and conditions. The issue for him came down to a matter of interpretation and in reading the WAC, it seemed clear that the primary or preferred use of the state shoreline that is being altered is for a single family home, which is the case here. Also, there is the matter of "reasonable use" and in looking at the alteration of 900 sq. ft. versus the total size of the wetland, 8,712,000 sq. ft. he felt 900 sq. ft. certainly was a reasonable use.

Chairman Shelton agreed with the conclusion reached by Commissioner McDowell . Based upon this decision he hoped the interpretation for future applications would be as the Board has directed. He expressed the importance of the County making necessary clarifications in the Code and Shoreline Master Plan to eliminate the confusing terminology and directed the Planning Department to commence those changes.

Motion, as made and seconded, carried unanimously.

Contract #HS-02-97 was by unanimous motion of the Board, approved and signed at this time, for a period of six months.

Dick Toft, Human Resources Director, presented for Board action four Personnel Action Authorizations, and the Board by unanimous motion, approved the PAA’s as outlined below:

Sheriff’s Department

PAA #25/97 Corrections Officer, Position #4015.11, replacement, effective 4/1/97

PAA #28/97 Lieutenant, Position #4010.01, replacement, effective 4/1/97

PAA #26/97 Solid Waste Attendant I, 16 hr. week, Position #2249.02, replacement, eff. 3/3/97

[NOTE: with regard to recruitment for this position, Mr. Toft later advised that: (1) The pool of substitute workers (part-time) that are identified and on file with the County came about as a result of a hiring action that included putting an ad in the newspaper. This included the Stanwood - Camano News where three of the individuals saw the ad and applied. (2) Despite

previous interactions with the Waste Warrior program, they were not the source in the establish-ment of the pool of substitutes. Point in question is that there is no Waste Warrior program at all on Camano. (3) Human Resources Office will maintain the file on substitutes for Solid Waste.]

PAA #27/97 Court Clerk, Dist. & Munic. Court, Position #1005.00, replacement, with hire date of 3/14/97 and funding source the Law & Justice Fund.

Chairman Shelton read the following letter from Art Hyland, Island County Auditor, dated

February 27, 1997:

Commissioner Shaughnessy moved that the Board accept the resignation of the Island County Auditor effective 12:01 a.m. March 17, 1997. With reluctance, Commissioner McDowell seconded the motion. Motion, as made and seconded, carried unanimously.

Chairman Shelton assured that the Board would not allow the position of Auditor to remain vacant while going through the process of seeking a candidate and planned on March 10 to appoint an interim auditor.

There being no further business to come before the Board at this time, Chairman

Shelton adjourned the meeting at 11:40 a.m. The next Regular Session will be

held on Monday, March 10, 1997, beginning at 9:30 a.m.

______________________________

Mike Shelton, Chairman

_______________________________

Wm. L. McDowell, Member

_____________________________

Tom Shaughnessy, Member

_______________________

Art Hyland, County Auditor &

Ex-Officio Clerk of the Board