The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on September 8, 1997, beginning at 9:30 a.m., in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa. Mike Shelton, Chairman, Wm. L. McDowell, Member, and Tom Shaughnessy, Member, were present. Also in attendance were Margaret Rosenkranz, Auditor/Clerk of the Board, and E. Meyer, Secy. to the Board. The following minutes from previous meetings were approved and signed: August 11, 18, and 25, 1997.

The following vouchers/warrants were approved for payment by unanimous motion of the Board:

[Emergency financial assistance to certain eligible veterans; the names and specific circumstances are maintained confidential]. By unanimous motion, the Board approved the recommendation of the Veterans Assistance Review Committee and approved Claim #V97-35 in the amount of $1150.00.

Greenbank Farm Purchase: The Board, by unanimous motion, approved a voucher in the amount of $2,906,355.97. Total: $3,191,062.65

Five vouchers were held and checks not issued, associated with payment to Langley deputies

in regard to Island County Fair security, in order to provide further review and obtaining legal

opinion whether or not this is the appropriate form of reimbursement. The Chairman of the Board will discuss the matter with the Sheriff and ask that the Sheriff review methodology with the Deputy Prosecuting Attorney [Vouchers #97409, 02, 03, 04, 06].

Richard C. Jones Public Works 5 years 9/14/97

Sharon Samplawski County Clerk 15 years 9/22/95

Jan Ford Commissioners 20 years 9/21/97

Donna Keeler, Island County Planning & Community Development Department

A Public Hearing was held as scheduled and advertised at 9:55 a.m. to consider Resolution #C-48-97, for the purpose of appropriating $2,900,000 from the 1997 Courthouse expansion Fund to be transferred to the 1997 Conservation Futures Fund Budget for the purpose of establishing a budget for the purchase of the Greenbank Farm property, from revenue received from the proceeds of the sale of bonds. The bond proceeds having been placed in the Courthouse Expansion Fund until this point.

No comments were made either for or against by members of the public.

By unanimous motion, the Board adopted Resolution #C-48-97.

WHEREAS, it appears that an emergency exists in the 1997 Conservation Futures Fund budget that could not be foreseen when that budget was adopted; and

WHEREAS, the Conservation Futures Fund will incur expenditures in excess of the 1997 budget authorized by the Board of Island County Commissioners, due to the purchase of the property known as the Greenbank Farm; and

WHEREAS, funds are budgeted in the 1997 Courthouse Expansion Fund to be transferred to Conservation Futures Fund for the purchase of the Greenbank Farm; and

WHEREAS, there is a need to recognize Two Million, Nine Hundred Thousand dollars ($2,900,000) to allow expenditures in excess of the 1997 Island County Conservation Futures Fund budget heretofore authorized by the Board of Island County Commissioners; and

WHEREAS, RCW 36.40.140 requires that a public hearing be held at which any person may appear and be heard for or against this proposed emergency appropriation; NOW, THEREFORE;

BE IT RESOLVED, that a public hearing be held at 9:55 a.m. on the 8^th day of September, 1997, at the usual meeting place of the Board in Coupeville to consider this proposed emergency appropriation to the 1997 Conservation Futures Fund budget.

ADOPTED this 25^th day of August, 1997.

[Mike Shelton, Chairman, absent]

IT IS HEREBY APPROVED AND ORDERED that the amount of Two Million, Nine Hundred Thousand dollars ($2,900,000) be appropriated and distributed as shown within the 1997 Conservation Futures Fund budget.

ADOPTED this 8th day of September, 1997.

Lee McFarland, Assistant Director, GSA/Property Management, presented Agreement for the sale of Fire Protection District #2 Surplus Property through Island County Department of General Services Administration, and Agreement for the Sale of Island Transit Surplus Property through the Island County Department of General Services Administration, both agreements pursuant to the Intergovernmental Cooperation Act, Chapter 39.34 RCW, and were reviewed and approved by the Deputy Prosecuting Attorney and Risk Manager. Fire District #2 and Island Transit agree to reimburse Island County for their proportionate shares based upon sale prices, of legal notice costs and other out of pocket costs of Island county.

The Board, on unanimous motion, approved Interlocal Agreements between Island County and Fire District #2 and Island Transit, as presented.

By unanimous motion, the Board made the following appointments:

Reappoint Marguerite Walker, Coupeville, Term: August 13, 2001

• Appoint Rick Urban, Freeland, to fill unexpired term to 12/6/99
• Accept Resignation 8/14/97-William T. Good, Freeland (served since 8/1/83) .

By unanimous motion, having in hand recommendations of approval from the Sheriff and Health Department, the Board approved Application for Liquor License #366893-4I Class CD by Randy Lee and Sally Ann Jacobson, d/b/a The Green Door Restaurant, 3070 S. State Highway 525, Greenbank.

By letter dated August 29, 1997, the Board received a request from the Town of Coupeville’s attorney, Dale K. Roundy, requesting in accordance with RCW 27.12.370, that the Board of County Commissioners by resolution call for an election to be held on the date of the November 4, 1997 general election to consider the annexation of the Town of Coupeville by the Sno-Isle Regional Library District. Included in Mr. Roundy’s transmittal was a copy of a letter to the Auditor specifying the form of the ballot title to be included with other measures for consideration at the November 4, 1997 general election, Town of Coupeville Resolution #09-21 authorizing an election concerning annexation of the Town by the Sno- Isle Regional Library District, and Ordinance #548 requesting an election regarding the annexation by the Sno-Isle Regional Library District. Based on the request of the Town of Coupeville, the Auditor presented for the Board’s consideration Resolution #C-49-97 in the mater of authorizing an election proposing annexation to the Town of Coupeville to the Sno-Isle Regional Library District. RCW 27.12.370 provides that: "The county legislative authority or authorities shall by resolution call a special election to be held in such city or town at the next date provided in RCW 29.13.010 but not less than forty-five days form the date of the declaration of such finding, and shall cause notice of such election to be given as provided for in RCW 29.27.080".

Robin Hertlein, representing the Town of Coupeville, was present in support of the action.

By unanimous motion, the Board adopted Resolution #C-49-97 as proposed.

Mike Shelton, Chairman

As prepared and presented by the Auditor, the Board by unanimous motion, adopted Resolution #C-50-97, transferring $283,925 from Commissioners Contingency to various Current Expense funds for those expenditures determined necessary and approved by the Board from the Contingency fund. Copy of Contingency Status Report provided to the Board by the Auditor dated 9/5/97.

WHEREAS, there are funds budgeted in the 1997 Current Expense Fund budget, Commissioner Contingency line for expenditures that were unknown at the time of adoption of the 1997 budget; and

WHEREAS, it has now been determined that various budgets are in need of additional funds to cover approved expenditures, and

WHEREAS, various departments have budgeted funds that are beyond known needs and have requested a transfer of those funds to the Commissioner Contingency line, NOW THEREFORE

BE IT RESOLVED, that the amount of Two Hundred Ninety Eight Thousand Nine Hundred Twenty-Five dollars ($298,925) be transferred within the 1997 Island County Current Expense Fund budget, as shown on Exhibit A,

ADOPTED this 8th day of September, 1997.

Rufus Rose, Clinton, Member, Island County Planning Commission, referenced information from the Washington Center for Real Estate Research, Washington State University at Pullman, two reports and executive summaries regarding the effect of the Growth Management Act in Washington State. He spoke with Glenn Crelin, Director, on Friday afternoon about more current information on the impacts of GMA and Mr. Crenlin indicated that a report was completed April, 1997, dealing with impacts of GMA on lots in Vancouver, Wa. and Clark County, and faxed Mr. Rose a copy of the executive summary of that report. Mr. Rose gave a copy of the executive summary to the Board and asked them to read the report and make a judgment as to whether or not to spend $15.00 for a copy of the complete report. It is Mr. Rose’s understanding the essence of the report is that as a direct result of GMA implementation in Clark County, lots have increased in cost 35.5%. Documents Mr. Rose provided to the Board included:

1. available publications list

2. Description of what Washington Center for Real Estate Research does

3. Executive Summary from the April 1997 report

4. Update of the documents available.

In accordance with State of Washington County Road Administration Board, and as presented by Larry Kwarsick, Public Works Director, Roy Allen, County Engineer and Lew Legat, Assistant County Engineer, the Board by unanimous motion adopted a Public Works Emergency Response Mutual Aid Agreement created to enable agencies to assist other agencies on an as-needed basis when faced with a disaster/emergency situation.

Mr. McFarland presented for approval Resolution #C-51-97, explaining that in order to complete the entire transaction by closing on September 15, it is necessary to declare the portion of the Greenbank Farm Property surplus to County needs, i.e. that portion to be transferred to ownership of the Port District and Nature Conservancy. This includes the lots as listed, water system and water rights, water system easements, the property to the Nature Conservancy , as well as all personal property to go along with those associated parcels.

Mr. Kwarsick advised that negotiations concluded last Wednesday with Stimson Lane and resulted in defining the personal property and the price for the personal property, included in this resolution and the condition of sale contract, all accommodated for within the bonds identified for the Port of Coupeville. There are only water rights issued for the non-potable water system currently used only for farm irrigation and not for human consumption. There are no water rights associated with the potable water system. The County reserved one of the water connections to the existing water system.

By unanimous motion, the Board adopted Resolution #C-51-97 as presented.

BOARD OF COUNTY COMMISSIONERS

Greenbank Farms Property

Mr. Kwarsick commented on a variety of documents necessary to be approved and signed associated with the purchase of Greenbank Farms Property, including an Executory Conditional Sales Contract, prepared by bond counsel, binding the County and the Port together (real estate contract) to be signed today. With regard to other associated documents yet to come, Mr. Kwarsick asked for a motion of the Board authorizing Board execution of same between now and closing when received, other document such as escrow closing instructions, deed conveying a portion of the property to the Nature Conservancy, examining and approving deed from Stimson Lane to Island County, along with any other documents presented .

The Board adopted a motion unanimously authorizing the Board to execute other documents as presented between now and closing, as outlined by Mr. Kwarsick, along with any other documents presented this week to effect the sale of the Greenbank Farm as agreed to with the Port District and Nature Conservancy.

By unanimous motion, the Board then approved Voucher #9720653 in the amount of $2,906,355.87, the purchase price, with source of funds from bond proceeds which are on hand and invested.

As presented to the Board, and recommended for approval by Mr. Kwarsick and Mr. Allen, the Board approved a Security Agreement between Island County and Lyrch & Associates & Skagit State Bank related to Humphrey Road Drainage Outfall project under County Road Project, CRP 97-06, Work Order #120.

CRP 97-09, under Road Resolution #R-54-97 was approved by unanimous motion of the Board, as presented by the Public Works Director, for a total appropriation of $292,000.00, which includes engineering, construction by contract and contingencies. The project is included in the officially adopted Annual Road Program as Item #16, with construction to be accomplished by contract.

The Board, by unanimous motion, adopted Resolution #R-55-97, approving Plans & Specs and authorizing call for bids for North Camano Drive Guardrail and Overlay, CRP 97-09, W.O. 213, Federal Aid Project #P-STPH-TA96-(225), bids to be opened on October 1, 1997 at 11:00 a.m.]

Approved by unanimous motion of the Board was an Agreement for an "Adopt a Road Litter Control Program" for Swantown Road from Wieldraayer Road to the west end of Swantown Road, by a group called "Swantown Neighbors".

By unanimous motion, the Board referred Petition for Vacation by Michele A. McGill and Fredrick R. Beich, for a portion of right-of-way on Stillaguamish Avenue abutting Lot 12, Division 4, Plat of Buena Vista and Lots 36 through 40 Block 7, 1st Plat of Utsalady, Camano Island, to the County Engineer for review and recommendation back to the Board.

The Board approved, by unanimous motion, Reimbursable Agreement between Washington State Parks & Recreation Commission and the Island County Road Department for repair work at the Camano Island State Park North Beach Parking Lot. Work consists of repairing of crack, chip and seal the north beach parking lot and cleaning ditches at the north beach parking lot, and State Parks will pay Island County $5,400 for said repair work.

Supplemental Agreement #2 with KCM, Inc., was approved by unanimous motion of the Board, for the Comprehensive Stormwater and Flood Hazard Management Plan completion, adding

$9,766.00 for services after June 30, 1997, for a new total agreement of $106,266

A Public Hearing was held at 10:30 a.m., as scheduled and advertised, for the purpose of considering Ordinance #R-52-97, renaming the following North Whidbey County Roads, done in association with I-COM (Island County Emergency Service Communications Center):

Mr. Legat reported receipt of a petition from a group of residents residing on Bakerview Road

opposing the change from Bakerview Road to Ala Lane, and correspondence from people residing on Polnell Road petitioning the road name change to Old Polnell Road [which is proposed]. For Bakerview Road, staff recommendation is to adopt the I-COM recommendation.

Bob Steele, 5021 N. Bakerview, Oak Harbor, spoke against the proposed name change for Bakerview Road, reading from a petition from Bakerview Road residents dated June, 1997, to I-COM outlining the reasons it is unacceptable to them to change the name:

Ken Cave, 5010 Bakerview Road, Oak Harbor, added that one of the major dilemmas related to Ala Spit, which is accessed via Geck Road. His suggestion was that Geck Road should be the road changed to "Ala Lane" since it leads to Ala Spit. Should Bakerview Road be changed to Ala Lane, people will turn down that road looking for Ala Spit which will be a major problem in that there is no turn-around at the end of the street.

Arlene Peden, 457 Bakerview Road, Oak Harbor, agreed with Mr. Steele. She did not understand the theory of staff using "as the crow flies" for mileage in considering a road name change.

Betsy Cave, 5010 Bakerview Road, Oak Harbor, pointed to an article in the paper showing why there really is no confusion between the road name in Oak Harbor and Coupeville: two different names; theirs separated by a space and is a "road" whereas in Coupeville it is all one word and is a "place". There has been no problem with 911.

Charlene Kurth, 714 E. Wilson Place, Oak Harbor, spoke in opposition to changing the name Wilson Place to Sunburst Place, and submitted for the record a petition signed by every resident of Wilson Place requesting that if the road name is not Wilson Place that it be renamed Old Wilson Place.

Rich Murphy, Address Data Coordinator, I-COM, reviewed and explained some of the background data used in road name address changes. To residents on Wilson Place, he apologized, noting normally a 45 day period is given prior to the public hearing, which in this

case had not been done. On behalf of I-COM, he indicated the name Old Wilson Place was acceptable. In terms of the road name proposed for Bakerview Place and Wilson Road, he pointed out that the type, "road", "place" or "court" is not taken into consideration when judging whether a road is similar or same sounding.

In the case of Bakerview Road, the 19 mile radius is a criteria in the ordinance adopted July last year, a figure that represents half the length of the Island. Road mileage is not used because roads can weave around a long ways, therefore a direct distance is used. The road designation for Coupeville and North Whidbey name of Bakerview are both one word; even if it were two words, it sounds the same when a call comes in. Although enhanced 911 will give the address, there will be times when a computer can be down and dispatchers and field personnel must always be able to clearly identify roads. Regarding grandfathering of one name over another, the ordinance does not address the time a name has been used. What strongly affected the decision was how many people would be affected, and Bakerview on North Whidbey meets the criteria of having two sequences of addresses (forms somewhat of an "L" shape) and has north addressing and east addressing; therefore, part of those citizens were scheduled for re-addressing anyway to make that into a continuous sequence of addressing. When he looked at the count of people strictly affected by just the name change he came up with 6 people on N. Bakerview and 7 on the Coupeville Bakerview.

Commissioner Shaughnessy advised that after conversation with the Executive Director of I-COM last week specifically on the issue of Bakerview Road versus Bakerview Place, she agreed that because of the difference, not only mileage between the two as well as "road" versus "place, along with CAD system coming on line and that one road has a Coupeville address while the other an Oak Harbor address, in this case Bakerview Road could be left as is.

Therefore Commissioner Shaughnessy moved that the Board adopt Ordinance #R-52-97

with the exception of allowing Bakerview Road to remain "Bakerview Road"; and Wilson Place be renamed "Old Wilson Place". Motion, seconded by Commissioner McDowell, carried unanimously.

With regard to Mr. Cave’s comments concerning Ala Spit and Geck Road, Commissioner McDowell suggested Mr. Cave meet with the County Engineer to begin a petition to change Geck Road to Ala Lane to forward to the Board for consideration.

IN THE MATTER OF RENAMING MISC. )

Wm. L. McDowell, Member

HEARING HELD: Franchise #293, Howard Robb, for sewer collection lines in Sandstone Lane in plats of Rocky Point Tracts, Div. #1, 2, 3, Camano Island

A Public Hearing was held as advertised to consider Franchise #293, by Howard Robb, for sewer collection lines in Sandstone Lane in the Plats of Rocky Point Tracts, Divisions 1, 2 & 3, Camano Island. The applicant, Howard Robb, was present for the hearing, along with a number of other concerned citizens from Camano Island.

Mr. Kwarsick explained that Mr. Robb previously applied for and obtained through Binding Site Plan #11/86, approval from the County to site and operate an off-site community drainfield as approved by the appropriate health agencies. Subsequent to that land use decision, Mr. Robb applied for and received Franchise #238 authorizing subsequent placement of a transmission line within county roads in the plat of Bayshore Terrace, Brokaw Road and North Camano Drive, connecting up the off-site community drainfield with individual lots being serviced by that drainfield. Mr. Robb has now applied for follow-on franchise for Sandstone Lane in the Plat of Rocky Point Heights, and relates to the interconnection of individual residential lots and the drainfield sites. The transmission line will connect up to the existing transmission line. Mr. Robb’s existing franchise was obtained in 1987 for a 25-year period. Mr. Kwarsick recommended consistent with the County’s prior actions approving the site plan and franchise #239, the Board approve the franchise as a stand alone franchise. For the record, Mr. Kwarsick acknowledged receipt of a petition signed by individuals on Camano Island suggesting and requesting the Board deny the application, but contains no justification for making such request.

Mary Ann Krindler, 974 N. Sandstone Lane, presented a petition against the franchise consisting of 86 names of residents within the Rocky Point Tracks. The Rocky Point Community Association board met and discussed this matter on August 26, recommending that due to their history with Howard Robb and the water line system, the Board of County Commissioners deny the franchise. In October of 1989, the group was approached by Mr. Robb to continue his sewer line to access property along Brokaw Road (now Blackberry Lane); the Association asked for a bond to cover legal matters to ensure things done properly, but at that time, told this would take another year. However, the sewer line was installed and ended up being approximately 1’ above the water line. The State engineer in Spokane confirmed he had approved same; however, residents do not believe it meets Island County Health Department requirements. Public records show Mr. Robb received approval from the Island County Health Department January 28, 1997 for Rocky Point Community Sewer System, Sandstone Lane lateral collection system, 17 lots approved for connection, a total design for 14,400 gallons per minute, maximum bedrooms 120. One of the complaints of the Association is they were never approached with application process or notified this was going through.

Mrs. Krindler owns 3 of the 17 lots. When she purchased additional lots she was provided with the title papers along with covenants, restrictions and by-laws, in which contains a declaration of Rocky Point Community Sewer System, which was never brought up to the Association. The Title Company indicated that due to previous filing of the Rocky Point Community Sewer System it legally had to be included. They want this taken off their title reports, and understand the first step is for the Board of County Commissioners to deny the franchise, and the second step for the community to start a new petition requesting that the Rocky Point Community Sewer System be removed from their By-laws and CC&R’s. On behalf of the Association, she asked the Board to deny the franchise, and if not, to provide residents additional time to approach the matter and involve the whole community. Within a five week period, she collected 86 names, but there are just slightly more than 200 lot owners.

Gary Davis, 843 W. Rocky Point Drive, President, Rocky Point Community Association, supported Mrs. Krindler’s comments. Mr. Davis bought a lot last year in Rocky Point and was quite surprised when his title insurance contained Howard Robb’s community sewer association as an easement on his title insurance. He requested that the Board deny the franchise, or at least hold a public hearing on Camano Island.

Howard Robb, 624 W. 1140 N., Applicant, said the only reason he could see this came out on title reports is that with State approval shows it is Bayshore Terrace or Rocky Point and that area lying between there and where the pod is for the drainfield. He does not own nor does he want to own the property, rather has 4 lots which he would like to serve. He confirmed this is a private system as opposed to a public system and is not a sewer district.

The Chairman saw some fairly important semantics involved, because a community drainfield is not a sewer system and does not have the ability to do what a legally organized sewer district could do. Another question relates to the Island County Health Department and the alleged sewer line within 1’ of the water line.

Mr. Robb was there most of the time during installation; normally if crossing a sewer line it has to be shielded 20’ each way which he thought had been done. The water line in some areas actually was not located according to maps. There is a sewage waste system management contract in place filed of record, a non-profit corporation formed for the maintenance and operation of the system.

Mr. Kwarsick suggested, in his opinion, that was why the matter showed up on title reports -

because as an obligation to operate the private system, health agencies have required this agreement to be in place and the agreement probably references the plats within it. The questions of the documentation of title need to be addressed to the title companies by the residents to have the title companies accurately represent what the document is and how it does or does not affect title.

Siri Klovstad, Island County Health Department environmental section, in terms of the existing transport lines and how they might affect the adjoining water lines and separations, etc., noted that Rob Hallbauer had been working with Lisa Brown from the State Department of Health to approve the plans and specs for this project, and Lisa Brown approved same. This community drainfield is of sufficient size that the permitting agency is the State of Washington. Mr. Hallbauer was working on a nitrate grant at the time he was reviewing this matter with Lisa Brown, and looked at the wells in the area and found very little nitrate increase at all, still well below the drinking water standards but did require an increase in the amount of monitoring to one well particularly that is immediately down from this drainfield and reserved the opportunity to rescind approval if found it does affect ground water too much.

The Chair commented that the County was being asked through the franchise application to use

County road right-of-way for transport lines. Some of the issues raised seem to be outside the scope of the franchise agreement. If the Board grants the franchise it certainly is expected that all transmission lines would be done according to code and not risk any contamination of a water system.

Commissioner Shaughnessy agreed with the Chairman’s comments.

Mr. Kwarsick, responding to a question from Commissioner Shaughnessy about notification, indicated that the major issues were dealt with through a public hearing he believed had been held on Camano Island, which is typical for the Hearing Examiner to do (1987 process). As a franchise, this mater was published and noticed in the newspaper, but there was no statutory requirement for direct property owner notification.

Commissioner Shaughnessy addressed the residents from Camano Island and offered to go to Camano to meet with them at another time and explain what is going on and the process, noting he would appreciate it if Mr. Robb were willing to attend as well; however, the franchise is the issue and delaying action today would not be proper. He did not want the Rocky Point community to go out and make the effort of gathering another petition if it would not achieve what they desire, which is to have the system not shown on their titles. He suggested that the Public Works Director and Health Services Director contact the title company to see what the issue is and why this appears on title reports.

Commissioner McDowell was willing to consider having the County Departments forward all the material that may have precipitated this being on title reports and request the title company explain in generic terms why it showed up on titles and offer to provide other documentation they might need from the County. The Chairman agreed, and noted the management agreement is a matter of record, and thought the issue showing on up title reports was in error.

Mrs. Krindler referred back to the petition. They believe if approved, Mr. Robb will put another line from his 3 newly acquired non-perc lots down a new water line and the community does not want to deal with that, now just coming out of a moratorium issue with the State that has taken over 3 years to deal with. Some of the records she reviewed indicate higher nitrate levels than previously anticipated. She asked if the Board could consider a change of location of the franchise, inasmuch as Mr. Robb also owns 3.24 acres just around the corner from the lot he just purchased. According to County paperwork, Mr. Robb has 17 bedrooms hooked up which can handle 80:

Trying to stop Mr. Robb from servicing three lots on his community drainfield by denial of a franchise was a matter the Chairman indicated was not appropriate. The franchise under consideration is only to place utility lines in County road right-of-way, and such franchises are non-exclusive. Higher nitrate levels in a community drainfield is a Health Department issue, not a franchise issue. Mr. Robb developed a community drainfield, went through all of the public hearings and was approved to handle a certain amount of effluent; apparently some lots he owns can be served by this drainfield, and it is not up to the Board to direct Mr. Robb as to who should hook up to the community drainfield. The franchise under consideration is not about who should be able to use the community drainfield; the drainfield was approved by the State of Washington.

Commissioner Shaughnessy noted another step in the process, which is that Mr. Robb still has to obtain a permit.

Mr. Kwarsick acknowledged same and that Mr. Robb had not yet submitted an application for permit to construct within the rights of way. When that occurs, Mr. Kwarsick can ask for the assistance from both the Community and the Health Department to make sure that the lines associated with the installation have the proper separation. With regard to old lines, his suggestion was that the Community work with the Health Department in bringing the matter to their attention.

Commissioner Shaughnessy was more than happy to sponsor a meeting on Camano Island

to make sure everyone understood what was happening and why, and hoped that Mr. Robb

would be willing to attend to speak on his behalf.

Commissioner Shaughnessy moved that the Board approve Franchise #293 by Howard Robb

for sewer collection system in Sandstone Lane in the Plat of Rocky Point Tracts, Divisions 1, 2 and 3. Motion was seconded by Commissioner McDowell.

Commissioner McDowell commented that it seemed to him the issues brought up had to do with the approval or concept of community drainfields and nothing to do with actual lines in the road, other than the placement of those lines this franchise would permit. Staff clearly agreed to ensure that Health Department rules are met with installation of these new lines. The Board is not here today to look at issues of prior action approving a community drainfield, rather strictly the issue of franchise placing utilities in the road right-of-way, which he felt had been adequately addressed.

Motion, as made and seconded, carried unanimously.

A Public Hearing was held, having been continued from hearing on August 11, 1997, to consider Resolution #R-49-97, Petition for Vacation of Miscellaneous Roads in Feek’s First Plat of Island Home Farm, by Petitioner Mark Arnold. Mark Arnold was present at the time of hearing, as well as a number of citizens.

The Engineer’s Report as entered for the Record at the August 11 hearing was as follows:

Mr. Kwarsick recalled that the hearing primarily had been continued because of some question regarding fulfillment of the statutory notice requirements relative to the placement of on-site notice signs. The Department has since gone back and accomplished that to meet full intent of the law.

Additional comments have been received via e-mail this morning from Dean Enell regarding:

(1) need to improve circulation in the immediate areas of concern, that if the county releases interest in R/W might preclude construction of a future roadway extension for Coles Road and provide some relief to the intersection and operation of Maxwelton Road; and (2) some concern

about lack of access to the upper reaches of the Maxwelton Watershed and desire to maintain that sort of an access. Mr. Kwarsick confirmed that the rights-of-ways within this particular plat are isolated and do not connect to any other public roadways (they do connect to other private easements). With regard to circulation and extension, the alignment of these rights-of-ways are such he could not envision use for any type collector roadway system, and being located in a very environmentally sensitive area, it would be extremely unusual for a public entity to construct roadways in such environmentally sensitive wetland area.

Roy Allen confirmed that notice signs were posted 5 times, in a concerted effort for public notice. A map was displayed during the hearing, as was used at the prior hearing, showing where Coles Road comes down, stops, and the Feek’s First Plat of Island Home Farm right of way; Ewing Road. There is no established right of way out to Ewing Road at this point (right of way close but not abutting). The green highlighted area shown on the map is not a part of the petition for vacation.

Marc Fouts, Maxwelton Road, expressed concern that the only salmon-bearing creek on the South end is Maxwelton Creek and did not want to see anything changed that would affect the Creek, and also concerned that lots would be landlocked if this vacation were approved.

Chairman Shelton confirmed the County was not proposing through this vacation to establish any other roads. Mr. Kwarsick further explained that ownership of the rights-of-ways in Washington State in a plat dedication situation are owned by the adjoining landowner, and in this case that adjoining landowner maintains rights to move within those rights of ways even though the public interest is gone, private interest of the owners of all the adjoining lots is maintained.

Dean Enell, Maxwelton Road, Maxwelton Creek, addressed the importance of Maxwelton Creek for environmental and recreation purposes, noting that last Spring he went with the third grade class to plant salmon fry in Maxwelton Creek and the only way to get to the Creek (north) was through private property. Therefore, he suggested a strategic move might be to negotiate a way for the public to get to Maxwelton Creek. He understands there is a 200’ to 300’ section between Feek’s Farm Road and Maxwelton, which if acquired, could provide access all the way to the Creek. Because the County seems to be giving up a substantial amount of land through this vacation without any compensation involved he thought an agreement could be negotiated where in return for this right-of-way to acquire 200-300’ of additional right-of-way to get to Maxwelton Creek. The Outdoor Salmon Adventure classroom is further south on the Creek, but it would be good to provide access further north. As far as the future of Maxwelton Valley he asked for assurance that property would be accessed without compromising the wetlands [access to buildable lots].

Mr. Kwarsick pointed out, however, that right of way did not connect up to Maxwelton Road; there is an intervening privately owned piece of property, and to the best of his knowledge, the County never had a dedication or a deed to any interest there. The rights-of-way go across the Creek but it is still private property up and down the Creek. And Mr. Allen commented that on this stretch of the road from Maxwelton Road across the private easement that part of this road appears to be outside of the right-of-way where it is dry and avoiding the wetlands on the north side of it. As far as protection, Mr. Kwarsick felt there would be greater protection afforded if the rights of way were vacated because under Washington State law the County within rights of ways is not obligated to fulfill the wetland ordinance; whereas, once vacated, anyone wanting to build a roadway would have to do so under full scrutiny of wetland and environmental protection regulations.

Being reasonably familiar with the area, Chairman Shelton guaranteed that if the County were ever to build any additional collector roads it would have to be away from this environmentally sensitive area. The green highlighted area on the map off Ewing Road does not go through a significant wetland according to the County Engineer. Any access to those lots from the northerly route on existing County rights-of-ways would absolutely affect significant amounts of wetland. His opinion was that the residents of South Whidbey were well aware of what is trying to be accomplished in terms of the salmon stream. The McVeys were willing to allow Mr. Enell and the

third grade class access and he thought most property owners would do likewise if they knew what is being proposed in the way of education and the environment

Peter Remington, Maxwelton Road, was unclear about whether the County owns this land

or has an easement on it.

Mr. Kwarsick stated the County had an easement; a dedication is an easement to the public and the County does not own fee title to the land under the rights-of-way. The easement comes through the dedication in the original plat itself. Having an easement gives the County the right to build roadways, construct drainage systems, install utilities, those rights that come with that ownership of the right-of-way. The County’s limitation on use is sideboarded by roadway types of issues. These specific easements are not considered of value to the County.

Mr. Remington understood why property owners would not want the public coming on their land with a creek, but considering the large interest in use of Maxwelton Creek as an area to raise salmon, he suggested negotiating a small conservation easement for access for things like the school associated with the interest in Maxwelton Creek.

Chairman Shelton advised that the petitioner was not in a position to grant that because he does not own the property all of the way to Maxwelton Road. It is never the County’s purpose to landlock someone’s property. If those 4 property owners could get an easement along that green highlighted line shown on the map, they might want to use that north-south portion to serve those 4 pieces of property. There has been no plan submitted for the future of this property.

Chad Lanning, Maxwelton Road, clarified that the 300’ of property brought up is located on his property. Nothing in the future will be sold on it for easements.

Commissioner Shaughnessy moved that the Board adopt Resolution #R-49-97, Order Vacating County Road and Final Order of Vacation in the matter of the Petition of Mark Arnold et.al for the vacation of County right-of-way in Feek’s First Plat of Island Home Farms. Motion was seconded by Commissioner McDowell.

Commissioner McDowell observed that the original dedication certainly was before wetlands were viewed as something of value as opposed to a swamp to be drained. He was sure that today the County would not accept a dedication across a wetland for any kind of transportation purpose. The County may have the right to put a road across that and waive County wetland rules; if the County vacates that property, the property owner does not have the right to waive those rules and the wetland in reality is well protected. For those reasons, along with not vacating that portion that would provide access to otherwise landlocked property, he had seconded the motion.

Motion, as made and seconded, carried unanimously.

Debra Little, Development Services Manager, Island County Planning & Community Development, presented the Hearing Examiner’s recommendation in the matter of preliminary approval of PRD #169/96 and SPR #405/96 by Terry Mitchell, Applicant/Trustee, and Rob Harbour, Agent. This is for preliminary approval for a proposed 16-lot Planned Residential Development and preliminary Site Plan Review #405/96 approval for the proposed development of a community drainfield system outside the proposed lots to serve the 16 individual lots. The lots and proposed drainfield system are all to be located within the boundaries of the subject parcel, located adjacent to the south side of Polnell Road at its northern boundary, on Parcels R23204-050-4300 and R23204-065-4760, North Whidbey Island. The Hearing Examiner heard the matter on August 7, 1997, and recommended approval subject to conditions stipulated in the Hearing Examiner’s Findings of Fact, Conclusions of Law, Decision and Recommendation signed on August 22, 1997. This was a vested application.

By unanimous motion, the Board granted preliminary approval as recommended by the Hearing Examiner, for SPR 405/96 and PRD 169/96.

As presented by Dick Toft, Human Resources Director, the Board by unanimous motion, approved the following Personnel Action Authorizations (PAA’s):

Planning 84/97 Sr. Planner 1709.02 New Position 9/8/97

Central Ser. 85/97 Asst. Director 701.00 Reclassification 9/8/97

Health 86/97 Env. Hea.Spec. 2403.01 Replacement 9/8/97 *

Pub. Works 87/97 SW Att. II 24 hr/wk 2248.04 Replacement 9/8/97

Pub. Works 88/97 SW Att. I 16 hr/wk 2249.15 New Position 9/8/97

Pub. Works 89/97 SW Tech. I 2257.02 Pers. Action 9/8/97

Juvenile Ct. 90/97 Probation Aide 1406 New Position 9/8/97

GSA 91/97 Risk Mgt. Asst. 1508 Reclassification 9/8/97

Public Def. 92/97 Vol. Program Asst. 1908 New Position 9/8/97

Sheriff/Jail 93/97 Corrections Officer 4015.18 Replacement 9/8/97

* Leave payout would require not filling the position until 11/28/97; therefore, the Board in it’s motion to approve PAA #86/97 included authorization to pay whatever amount is left of the $7620 payout at the time of hire date from the Current Expense Leave Payout fund.

A Public Hearing was held at 1:30 p.m. as scheduled and advertised to consider the formation of a sewer district in the Freeland area as petitioned and adoption of a resolution, prepared by the Auditor, in the mater of formation of a sewer district in portions of Bush Point and Freeland precincts. Approximately 15 people were present in the audience at the time of hearing.

On August 18, 1997, the Auditor presented a Certificate of Sufficiency in the matter of a petition for the formation of a sewer district in the Freeland Area. At that time, the Board set this date and time for a public hearing to consider the petition in the matter of formation of a sewer district in the Freeland area, and asked staff to review the proposed matter and report back to the Board to assist in finding whether or not the proposed district will be conducive to the public health, welfare and convenience and be of special benefit to the land included within the boundaries of the district in accordance with RCW 57.04.030(3) and RCW 57.02.040(3).

Tim McDonald, Health Services Director, gave the recommendation of the Island County Health Department based on review of the proposal under RCW 57.04, a new statute effective July 1, 1997, and called the Board’s attention to RCW 57.04.070, which in part states that no lesser district shall ever be created within the limits in whole or in part in any existing district except as provided under another statute having to do with the county taking over a sewer district and giving that to another district. He used maps posted to show the Freeland Water District which has been in existence for quite some time, and the proposed Freeland Sewer District. Freeland Water District covers a much greater area throughout much of greater Freeland, with the proposed sewer district confined to non-contiguous lots shown on the map. By the red dot at a specific intersection on the map, one can see places this proposed district well within the Freeland Water District. Because the proposed district is within the limits of an existing district, Mr. McDonald recommended the Board deny the proposal in that it is not allowed per statute.

Mr. Stanton pointed out that Main Street Sewer is not asking for money, rather using private funds to build a public system. Main Street Sewer is vested.

Mel McAbee, 5363 S. Bercot Road, proponent of the proposed Freeland Sewer District, agreed to work with the Freeland Water District, and suggested the Board of County Commissioners approve the sewer district contingent on the Freeland Water District taking it over. He mentioned that if the system is not in place within the next year, a company with 10 employees plans to move to Lynnwood.

The Chairman affirmed it was not legal to form the district. Commissioner McDowell outlined the options he saw available to the group in order to be served by sewers: Freeland Water District; Holmes Harbor Water District; Main Street Sewer.

Bob Porter, 1967 E. Hill Vista Place, Freeland, representing Main Street Sewer, expressed no problem with working with people in Freeland who need sewers. He did point out this is a pilot project, new to state technology, and took three years and many thousands of dollars to get to where he is now, 98% complete. They are more than willing to work with the group, and in fact, are in communication with the Freeland Water District.

Al Peiser, Honeymoon Bay Road, one of the potential users, recognized the options available for sewers in the Freeland area and acknowledged that the Board could not take action in view of the law. Personally he would like to see this go with the Freeland Water District, with the effluent up to the golf course.

Referencing Mr. McAbee’s comment about needing something in the ground within a year, Mr. Roehl did not believe even if the district were approved today that anything would be in the ground within a year. The first thing that will have to be done is to develop a general comp plan for facilities. Main Street Sewer, working with a single piece of property, has already done that. Freeland Water District would have to develop such a plan funded by the proponents.

John Hitt, Executive Director, EDC, emphasized the importance of Freeland economically to Island County as well as South Whidbey. People who are interested in business locations who contact EDC usually give Freeland as the number one location preferred. There is an urgent need for coordination of infrastructure.

Based upon the memorandum from legal counsel, Commissioner Shaughnessy moved to deny formation of Freeland Sewer District. Motion, seconded by Commissioner McDowell, carried unanimously.

The Board met in Executive Session as allowed under R.C.W. 42.30.110(l)(g) to conduct interviews: (1) 2:15 - 2:30 p.m and (2) 2:30 - 2:45 p.m.. Executive Session held in the Commissioners Office, 502 N. Main, Kaul Building, Coupeville, Wa. Final action will be announced in a meeting open to the public.

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

adjourned the meeting at 2:45 p.m., to meet next in Regular Session on September

15, 1997, beginning at 9:30 a.m.

______________________________

Mike Shelton, Chairman

_______________________________

Attest: Wm. L. McDowell, Member