The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on June 1, 1998, at 9:30 a.m., in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa. Wm. L. McDowell, Chairman, Tom Shaughnessy, Member, and Mike Shelton, Member, were present. Also in attendance were Margaret Rosenkranz, Clerk of the Board, and Ellen Meyer, Administrative Assistant to the Board.

By unanimous motion, the Board approved the following minutes of previous meetings:

March 20 Special Session April 6 Regular Session

April 6 Special Session April 13 Regular Session

April 20 Regular Session April 27 Regular Session

April 28 Special Session May 4 Regular Session

The Board approved May’s payroll, along with the following vouchers/warrants were approved for payment by unanimous motion of the Board:

Voucher (War.) No. 27062 – 27430…………… $544,708.41.

Dick Toft, Human Resources Director, presented five personnel actions for the Board’s consideration.

PAA #039/98 Risk Mgt. Adm. Asst. Position 1508, Replacement – allow recruitment of individual to fill this position, effective date PAA 6/1/98

PAA #040/98 Bd. of Equal. Clerk/Secy. Position 1507, Personnel Action [the individual who for 90 days filled position 1508 goes back in this position] PAA effective date 6/1/98

By unanimous motion, the Board approved PAAs #039/98 and 040/98 effective 6/1/98.

PAA 041/98 Env. Health Asst. Position 2419, Replacement, based on letter of resignation received effective 7/31/98. Health Department asks for two-week overlap in replacement, starting on July 20. Maximum worst case medical cost determined to be equal to $1200 and should that come about, the Health Department has agreed to make up that cost on the next Health Department hire.

Tim McDonald, Health Services Director, reported from information received just this morning

that the incumbent will be leaving before July 31^st, probably between June 20 to June 30, and he asked permission to hire as soon as possible which will be at least two weeks. Mr. McDonald committed to the Board that he would not overspend the budget and would not try to create a new position here.

PAA 042/98 Environmental Health [student] Intern, a temporary position for 10 weeks, with the PAA proposed effective date 6/1/98. Mr. McDonald verified that the total amount for this position for the full ten week period is $1500.

By unanimous motion, the Board approved PAA 041/98 effective 6/1/98, and PAA 042/98 for temporary environmental health intern position with the understanding that the total cost is $1500 for the ten week period, the PAA effective date today.

PAA 043/98 Senior Planner – Temp. – increase in hours, PAA effective date 6/1/98. As discussed at the last staff session with the Board, the Planning Department requested an extension of the Senior Planner temp position for a period of three months.

By unanimous motion, the Board approved PAA 043/98 effective 6/1/98.

On unanimous motion, the Board made the following appointments to serve on the Board of Equalization and Civil Service Commission:

Civil Service Commission: Patricia Ann Sandberg, Camano Island, term to Feb. 2, 2000

Board of Equalization: Dick Horgan, Freeland, term to May 31, 2001.

Betty Kemp, Director, General Services Administration/Risk Management, presented the matter of Claim for Damages R98-07CD by Dennis and Viana Spencer, and summarized from her May 27, 1998 memo to the Board. The Claim describes an accident that occurred on 10/3/97 on State Route 525 and Maxwelton Road and involved a South Whidbey School district Bus at the intersection. The claim is in excess of ten million dollars and the Risk Pool was notified immediately. Claimants have filed claims against South Whidbey School District and the State of Washington. Ms. Kemp recommended the claim be denied at this time.

The Board, by unanimous motion, denied Claim for Damages R98-08CD.

Ms. Kemp presented recommendation on Claim for Damages R98-07CD by Mike Mitchell, again summarizing from her May 27, 1998 memo to the Board. The Claim was filed on March 31, 1998, and there has been communication between the Claimant and the Public Works Department since 1994 about this matter. Risk Management and Public Works continue to communicate with Mr. Mitchell through the County’s Washington Counties Risk Pool representative and the attorney retained by the Risk Pool. At this time, Ms. Kemp recommended that the Board deny the claim at the county level and advise Mr. Mitchell that the County’s liability insurer will proceed with further review.

By unanimous motion, the Board denied the claim.

The next item brought forward by Ms. Kemp was a Greenbank Farm Property Easement to Puget Sound Energy. The Port of Coupeville owns the parcel, and the County is the title holder. She verified that the Easement had been reviewed and approved by the Deputy Prosecuting Attorney and Attorney and Risk Manager.

Board Action: No action taken at this time; to come back before the Board next week. The Board had no objection to granting the easement but inasmuch as the Port of Coupeville owns the property, the Board wants to see something in writing from the Port, either granting the easement or a letter requesting the Board of County Commissioners take this action.

Linda Barley, Director, Oak Harbor Chamber of Commerce, came to say introduce herself and meet the Commissioners to understand how the meetings run and how it is that the Chamber may be of service. She also represented the Island County Chamber Coalition, a group of all six chambers in Island County that come together on a monthly basis to share what is going on Island wide, particularly focused around tourism and issues related to the business community. The group will try to have a representative attend County Commissioner meetings to hear what concerns there may be related to those two areas.

The Board received a proposed public disturbance noise control ordinance, a revision of formerly proposed Ordinance #C-36-98 which the board considered at a public hearing on May 4, 1998, and took no action upon.

Separately, the Board and Sheriff received a memorandum from William H. Hawkins, Prosecuting Attorney, providing policy input as the head of a department which would be impacted by adoption of the proposed ordinance. Proposed section 9.60.030(A)(4) prohibiting a single incident of "shouting, hooting, whistling or singing, between the hours of 10 p.m. and 7 a.m." while at the same time 9.60.030(A) requires proof of a "public disturbance which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors."

(A)(5) prohibits only frequent repetitive or continuous audio, band, or party-type noises audible greater than 50’ from the source. Without any further restricting language, (A)(4) appears overly broad on its face, and more consistent with the basic thrust of the ordinance would be to limit (A) (4) to the creation of frequent, repetitive or continuous sounds of yelling, shouting, hooting, whistling or singing between the hours of 10 p.m. and 7 a.m. A second concern was whether the proposed ordinance tasks the Prosecutor’s Office with prosecuting violations since the ordinance is silent on that issue.

Chairman McDowell thought the Prosecutor brought up some good points for consideration, and further noted that the memo, received May 28, 1998, needs to be reviewed and answered by the Sheriff as well. As to Section (A) (6) and (7), talking about sounds audible greater than 50’ from the source, the Chair did some testing on his own and found:

• just a fan in the hood over the oven with the kitchen window open could be heard a distance of 150’; therefore to say that sounds audible greater than 50’ from the source is the wrong distance or criteria;
• from the perspective of an adult age 50+music thought to be just on the verge of being too loud, could be heard at 260’.

Commissioner Shelton agreed with the need to review that section relating to "audible greater than 50’ from the source". When he read that he was impressed at how small the distance was because that could take in the distance of a radio at one end of the house being heard at the other end, at a normal volume.

Commissioner Shaughnessy’s thought was that, however, would have to be based on "public disturbance which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors". And Commissioner Shelton agreed that just because someone can hear a particular sound or music did not necessarily mean it would fall under the noise ordinance, but would have to unreasonable or interfering.

The Board took no action at this time to schedule a public hearing which had been proposed for June 22, 1998 at 6:00 p.m. , the delay in scheduling being for the purpose of reviewing those items brought out in Mr. Hawkins memorandum. In terms of scheduling this matter for public hearing, the Board committed to reviewing the ordinance this week and bringing it back up on next week’s agenda for scheduling.

Larry Kwarsick, Public Works Director, Roy L. Allen, County Engineer, and Dick Snyder, Construction Engineer, presented for the Board’s approval public works supplemental agreements to existing contracts as follows:

By unanimous motion, the Board approved both supplemental agreements as presented.

As presented and recommended by Public Works staff, the Board by unanimous motion, approved and signed Adopt-A-Road Litter Control Agreement with Langley United Methodist Church, for Bayview Road from the Grange Hall to Coles Road.

Per award of bid made to J and L Builders, Langley, for the construction of the South Whidbey Family Resource Center in the amount of $361,735.00, the Board by unanimous motion signed the contract and accepted the performance bond from that company. Further, as presented by Gary Hess, Public works Engineer, the Board initiated Public Works Project #PWP-1-98 under Resolution #C-67-98 [R-28-98] for a total budget appropriation of $550,000.00, noting $50,000.00 to be paid from Fund #308, Construction & Acquisition.

A Public Hearing was held at 10:45 a.m., as scheduled and advertised, for the purpose of considering Resolution #C57-98 [PLG-010-98) In the Matter of Amending in the matter of amending Building Permit Fees and the Building Permit Valuation Schedule. The 1994 Uniform Building Code included an increase of 40% for building permit fees, but the Board of Island County Commissioners opted to allow only a 5% increase, proposed to be effective June 1, 1998.

Bob McCaughan, Building Official, presented the proposed ordinance, which he stated represented an approximate 5% increase in fees. Valuation fees are being raised to be more reflective with the Valuation Schedule included in the County Code referring to ICO Valuation Schedule. Valuation fees were last changed on February 1, 1995. The lowest fee has not changed at all [i.e. for a $500 permit is $18.00 and $11.00].

No comments were made by members of the public, either for or against the proposed fee increase.

The Chairman proposed the effective date be June 2^nd as opposed to today.

By unanimous motion, the Board approved Resolution #C-57-98 [PLG-010-98] amending the effective date from June 1, 1998 to June 2, 1998.

Building Permit Fees

A Public Hearing was held at 11:00 a.m., as scheduled and advertised, for the purpose of considering proposed Ordinance #C-56-98, In the Matter of Amendment of Island County Interim 9-1-1 Addressing Policy. The Ordinance proposes to amend existing Island County Code, Chapter 14.04A and specifies which public roads should not be named, clarifies the responsibilities of the Addressing Board, and revises the road name appeal process to include an appeal to the Board of County Commissioners. A public hearing was held on April 27, 1998, to consider proposed Ordinance #C-39-98, but the Board took not action at that time, directing instead that changes discussed at that time be made and a new ordinance introduced for public hearing this date and time.

Rich Murphy, representing I-COM, and Kelly Whitney, Island County Planning Department, reviewed the sections containing proposed changes since the last submittal on April 27^th, reviewed at Staff Session on May 6th:

1. When a private road has to be named or renamed, the assessed property owners on that road shall be requested by the Island County Planning and Community Development Department or its authorized agent in writing, by mail, to select a road name subject to the above criteria. If a majority of the property owners on a road do not make a recommendation within 45 days, or if the recommendation duplicates or substantially duplicates the name of a road already in use or previously recommended, the Addressing Committee Island County Planning and Community Development Department or its authorized agent will make a name selection.

All public roads that serve to connect two or more other named roads or provide primary access to private properties or as deemed necessary by the Addressing Board shall be named. The following public roads do not require naming:

The following criteria shall guide the selection of both public and private road names:

14.04A.060 - Renaming Existing Private Roads

Existing private roads with names consisting of numbers shall be reassigned names composed of alphabetical characters.

The Department of Planning and Community Development or its authorized agent shall notify affected property owners in writing, by mail, of their new road name and new address, if applicable. The County or its authorized agent shall also notify the United States Postal Service, serving utility companies and emergency service agencies.

The County shall be divided into two numbering areas, consisting of Whidbey Island and Camano Island, each divided into quadrants. The Whidbey Island quadrants shall be divided north and south along the north line of Township 31 North, and east and west along the division line between Range 1 East and Range 2 East. (See diagram 5) The Camano Island quadrants shall be divided north and south by the north line of Township 31 North and east and west along the east line of Range 2 East. (See diagram 5)

Within 30 days of mailing of written notice from the County or its authorized agent, the property owner shall post the address in a manner that can be read from the public or private road accessing the addressed property and provide adequate identification of the addressed property in accordance with the following:

Any individual, firm or corporation refusing or failing to comply with the terms of ICC 14.04A.090(B) and/or ICC 14.04A.130 may be subject to a civil penalty not to exceed the amount of one-hundred dollars ($100.00). The Director of Planning & Community Development or his designee is the enforcement officer and violations shall be processed in the Island County District Court in accordance with chapter 7.80 RCW and applicable court rules.

A Public Hearing was held at 11:15 a.m., as scheduled and advertised, for the purpose of considering Ordinance #C-50-98 (a/k/a #PLG-008-98) Amended Interim Application Procedures affecting Chapter 17.20, rescheduled from May 18, 1998, the language to be amended to comply with the April 10, 1996 and October 6, 1997 Orders of Invalidity of the Western Washington Growth Management Hearings Board and the Memorandum Decision of Judge Alan R. Hancock issued on April 17, 1998.

In addition to the three members of the Board, County Staff and Consultant, others in attendance at this hearing included:

Linda Barley, Director, Oak Harbor Chamber of Commerce

Steve Erickson, WEAN, Langley

Mary K. Doody, Coupeville Examiner

Rufus Rose, Planning Commission Member

Reece Causey, Clinton

Gordon H. Koetje, South Whidbey

Keith Dearborn, the Board’s GMA legal consultant, recalled that the Board introduced on April 27, 1998, an ordinance amending the Interim Application Procedures to conform with the Memorandum Decision of Judge Hancock. The County appealed the Growth Board decision and Judge Hancock entered a Memorandum Decision in mid-April. The hearing was set for May 18^th but due to an error in required advertising, the hearing was rescheduled and advertised for this date and time.

After preparation of Ordinance #C-50-98, but prior to today, an Order was entered in the appeal. Mr. Dearborn recommended that Ordinance #C-50-98, the Interim Ordinance proposed on April 27, 1998, be modified to conform to the Judge’s Order. Using an overhead projector, Mr. Dearborn described and explained each of the proposed changes:

• An additional "WHEREAS" sentence added to the Ordinance referencing the Judge’s order and include the order verbatim as an attachment to the ordinance [Exhibit B; whereas Exhibit B now is the amendment to the procedures, and it is recommended the procedures be labeled Exhibit C]. The following addition to be inserted as the second to the last "WHEREAS":

• Where the ordinance now refers to the Memorandum Decision dated April 17, 1998, that should refer to the Order dated May 15, 1998. Between the time of the Memorandum Decision and the time of the Order, negotiations were held on the form of the Order between the County and WEAN and WEAN’s attorney, and the Order was agreed to by all parties. Specific language is recommended in the ordinance to conform to the exact words used in the Order:

• The "Be it Further Ordained" paragraph needs three changes. Where reference is made to

development regulations that modify these nine sections [the new regulations in the new plan when it goes into effect ] agreed that the language be changed instead of "modify" it refers to the development regulations that affect land currently affected by the interim ordinance. The intent between the parties is that if someone owns a piece of property today affected by the interim ordinance for the activity proposed and the new ordinance goes into effect and plan into effect for that property and changes what can be done affected by the interim ordinance the interim ordinance would control until the Growth Board reached a decision on the property, but it would only control if there was an appeal on that issue. Mr. Dearborn clarified his last sentence "the Growth Board reached a decision on the property" to note that is not what he meant, rather per the following illustration:

Mr. Dearborn pointed out that in order to understand the transitions the question has to be asked: "is what I want to do affected by the interim ordinance?"; is so and that issue is appealed to the Growth Board the interim ordinance will stay in effect until the appeal has been resolved. There is a 60 day appeal period, and at the end of those 60 days, there is a 180 day period that the Growth Board has to reach a decision. To make sure it is totally clear at the time of adopting the Comp Plan and Zoning Code, he recommended to make specific in the transition section which activities are affected by the interim ordinance and the interim ordinance still governs.

The second change is a consistency change "affected sections" means those lands. The last sentence which Judge Hancock entered in his Order does not add anything more, but restates what has already been stated but makes it clear that the new Comp Plan does not go into effect for lands that are appealed to the Growth Board that were affected or controlled by the interim ordinance until the appeal is over:

The Judge’s order did not require any changes in the proposed revision to the application procedures, but the text of the ordinance where changes were required to be made. Mr. Dearborn at this point handed out the revised text of the ordinance. The substance of the decision was to direct that the Growth Board rescind the order of invalidity for the Rural Residential Zone, Residential Zone, Agricultural Zone, Forest Management Zone, and the rezone section. The Judge also ordered that if the County changed its Interim Application Procedures Ordinance for the Non-Residential Zone, the Non-Residential Floating Zone, and for Institutional Uses, to conform with his Order that the Growth Board would be required to remove or rescind the order of invalidity for those issues as well.

The Judge found Island County incorrect in simply referencing the Growth Board’s prior decision setting forth rules for processing or permitting non-residential uses in the rural area and required that Island County specify in the ordinance specific words from those decisions. Exhibit C [Interim Application Procedures as amended] now includes verbatim words from the Judge’s Order, the same words for #5, #6, and #7, in each case referred to order of the growth board rather than specific standards wet out in the Growth Board’s decision, and those specific standards are now incorporated verbatim as the Judge included in his order, with a slight modification: the Judge added one word [see 5b] " inherently".

These standards, Mr. Dearborn pointed out, are what staff has been using to review applications since adoption of the ordinance in December and there is no substantive affect to the processing of applications, but states in words what staff have been using as standards for reviewing non-residential and institutional uses. Once this ordinance has been adopted, it will be forwarded to the Growth Board and ask for rescinding of their order of invalidity for these subjects as well. As far as the other exhibits, the GMA Calendar and Work Activities, those were recommended to the Board by the Planning Commission, as reviewed by the Board on April 20.

Gordon H. Koetje, in looking at the proposed ordinance language, stated he was unaware there was a "Western Board" and "Western Washington Growth Management Hearings Board" , and did not know there was such a distinction between any of those boards.

Steve Erickson, WEAN, acknowledged that the proposed ordinance basically echoed Judge Hancock’s final order. In addition to the typographical error noted by Mr. Koetje, he pointed out another, in the final "Be it further ordained" paragraph, the sixth line from the end of that paragraph, where "those lands" is repeated. Other than that, Mr. Erickson had no further comments.

Mr. Dearborn confirmed the correct Growth Board reference would be: Western Washington Growth Management Hearings Board.

The Board agreed with the need to replace "Western Board" with "Western Washington Growth Management Hearings Board" and to delete the repeated words "those lands"

Commissioner Shelton moved to amend the ordinance presented on April 27, 1998, entitled Ordinance #C-50-98, PLG-008-98, in the matter of an ordinance concerning amended interim application procedures affecting chapter 17.02 Island County Code, as follows:

• In the First and Fifth "Whereas" sections, replace "Western Board" with "Western Washington Growth Management Hearings Board"
• Insert an additional "Whereas" section the second from the last whereas, to read: "Whereas, on May 15, 1998 Judge Hancock entered an Order implementing his Memorandum Decision, attached hereto as Exhibit B; and"
• In the "Now, Therefore, Be It Ordained" paragraph change "Memorandum Decision" to "Order", and the date "April 17" be changed to "May 15"; and Exhibit "B" be changed to "C".
• In the "Be It Further Ordained" paragraph, Exhibit "B" be changed to "C". The sixth line down, "modify" be deleted and replaced with "affect land currently affected by" ; and the next line down delete "the affected sections" and add "those lands". A new sentence be added as follows:

• In the Exhibit itself, Exhibit B needs to be changed to "C".

Motion to amend was seconded by Commissioner Shaughnessy, and carried unanimously.

Commissioner Shelton then moved approval of Ordinance #C-50-98, PLG-008-98, in the matter of an ordinance concerning amended interim application procedures affecting Chapter 17.02 Island County Code, as amended. Motion, seconded by Commissioner Shaughnessy, carried unanimously.

WHEREAS, the Island County Board of Commissioners enacted Ordinance C-78-97 establishing interim application procedures to comply with the Western Washington Growth Management Hearings Board’s Compliance Orders; and

WHEREAS, on April 17, 1998 the Honorable Alan R. Hancock, Superior Court Judge for Island County entered a Memorandum Decision finding that Island County used proper legal procedures in its action adopting Ordinance C-78-97; and

WHEREAS, Judge Hancock also ruled that Sections 1, 2, 3, 4, 8 and 9 of Ordinance C-78-97 were effective in removing the reasons for the Board’s determination of invalidity; and

WHEREAS, Judge Hancock also ruled that if Sections 5, 6 and 7 of Ordinance C-78-97 are modified as specified in his Memorandum Decision that the ordinance would be effective in removing the reasons for the Board’s determination of invalidity; and

WHEREAS, Judge Hancock also ruled that Ordinance C-78-97 must remain in effect until the Western Washington Growth Management Hearings Board determines that Island County’s Comprehensive Plan and Development Regulations adopted under the GMA do not substantially interfere with the goals of the GMA with respect to the subjects covered by Ordinance C-78-97; and

WHEREAS, the Board adopted Interim Urban Growth Areas pursuant to the Growth Management Act, Chapter 36.70 RCW for Coupeville and Langley on November 11, 1993, and Oak Harbor on November 15, 1993; and

WHEREAS, on April 20, 1998 the Board of Island County Commissioners accepted a GMA compliance schedule and work plan, attached hereto as Exhibit A, which commits the County to enact its GMA Comprehensive Plan and Development Regulations by August 1998; and

WHEREAS, on May 15, 1998 Judge Hancock entered an Order implementing his Memorandum Decision, attached hereto as Exhibit B; and

WHEREAS, WAC 197-11-800(20) provides that adoption of legislation relating solely to governmental procedures and containing no new substantive standards shall be exempt from SEPA,

NOW, THEREFORE, BE IT ORDAINED, to comply with the April 10, 1996 and October 6, 1997 Orders of Invalidity of the Western Washington Growth Management Hearings Board and the Order of Judge Alan R. Hancock issued on May 15 , 1998, the Board of Island County Commissioners hereby adopts the attached interim application procedures governing applications under Chapter 17.02 of the Island County Code as shown on Exhibit C.

The procedures shall be applicable only to areas located outside the interim urban growth areas adopted by the County on November 11, and 15, 1993, pursuant to the GMA, Chapter 36.70A RCW.

BE IT FURTHER ORDAINED, that these interim application procedures will remain in effect for the nine specific sections of Chapter 17.02 ICC set forth in Exhibit C until Island County adopts a Comprehensive Plan and Development Regulations pursuant to the Growth Management Act, Chapter 36.70A RCW and for sixty (60) days after notice of that adoption is published. If an appeal is filed challenging compliance for the portions of the plan or development regulations that affect land currently affected by these nine sections, then the interim application procedures will remain in effect for those lands until the Western Washington Growth Management Hearings Board determines that the challenged modifications do not substantially interfere with the goals of the GMA. The new comprehensive plan and development regulations which govern the same issues for those lands as are governed by these interim application procedures shall not take effect for those lands until these procedures cease to be in effect as provided above.

Reviewed this 27th day of April, 1998, and set for public hearing at 10:45 a.m. on the 18^th day of May, 1998. Rescheduled to 11:15 a.m. on June 1, 1998.

ATTEST: Margaret Rosenkranz Mike Shelton, Member

Clerk of the Board

Adopted this 1^st day of June, 1998.

ATTEST: Margaret Rosenkranz Mike Shelton, Member

Clerk of the Board

1. Site Plan Review Study
1. Penalties and Enforcement
2. NR Zones
3. RS Zoning Study
4. Design Review Guidelines
5. Fish & Wildlife Habitat Inventory
6. Affordable Housing Bonus
7. Small Scale Recreation / Tourist Uses
8. Greenbank / Special Review District
9. Benchmarks, Monitoring & Evaluation
10. Signage and Lighting
11. Duplexes, Triplexes and Multi-Family Housing in RAIDs
12. Resource Ag Designations
13. Further RAID Review
14. Institutional Uses
15. Prototype Resource Management and Development Plan

1. Transportation Update
1. Housing
2. Natural Lands
3. Parks & Recreation Update
4. Capital Facilities Plan Update
5. Shoreline Master Program Revision
6. Ebey’s Reserve

1. Concurrency Regulations
1. PRD / Site Plan Review Amendments
2. Hearing Examiner changes to conform to 16.19
3. Public Benefit Rating System
4. Land Division Ordinance

1. Oak Harbor
1. Coupeville
2. Langley

1. Ground Water Regulations for RAIDs
1. Steep/unstable Slope Regulations for RAIDs

The Interim Application Procedures set forth below apply only to areas located outside interim urban growth areas.

1. ICC 17.02.050 Rural Residential (RR) Zone

Phil Bakke, Code Enforcement Manager, presented Claim for Lien for Non-Payment of Civil Penalty under Island County Zoning Ordinance, Island County v. Wilfred A. Wilson and Catherine Pasqua, property located at 31 and 21 West Henni Road, Oak Harbor, in the SE ¼ of Sec. 12, Twp. 33N, Rge. 1E, W.M., North Whidbey Island, Parcel #R13312-235-4800. This action is in an effort to accomplish resolution to a serious violation of ICC 17.02 regarding displacement of inoperable vehicles, junk, metal, garbage, tires, etc., multiple building violations, trailers, camp-sites; and drug paraphernalia on the ground, a problem location worked on by Island County for many years. The Health Department has been working on this case for some time and in early 1995, arranged for clean-up of the property through the Waste Warriors Program; however, the property went back into the current state of violation. In speaking with the property owners and their counsel, the County has been unable to work out any kind of time period or agreement about the clean up of the property. The Planning Director requested preparation of Claim for Lien based on Supplemental Enforcement Order 369/97 under authority granted by ICC 17.02.250.c.1. The Claim for Lien was prepared and presented to the Island County Hearing Examiner who reviewed the request and recommended the Board cause the lien to be filed against the property. There have been no appeals.

By unanimous motion, the Board approved and signed Claim for Lien for Non-Payment of Civil Penalty under Island County Zoning Ordinance on Parcel #R13312-235-4800, Henni Road, North Whidbey Island.

The Board met in Executive Session from Noon until 12:30 p.m., for purposes as allowed under R.C.W. 42.30.110 (1) (i) to discuss with legal counsel potential litigation. The Board did not return to open public session with any announcement following the Executive Session.

The Board will meet today from 1:30 p.m. to 5:30 p.m. regarding the GMA Comp Plan & Development Regulations. This is a Special Session for purposes of conducting a Joint Workshop with the Island County Planning Commission. The topics are: Benchmarks, Monitoring, Evaluation; Owner/Builder; Penalties & Enforcement; and RAID Review.

Special Session: Joint Workshop with the Planning Commission, GMA Comp Plan & Development Regulations. Topics : Water Resources; Concurrency; Land Division Regulations; Steep/Unstable Slopes; Stormwater.

Attest:

_____________________________

Margaret Rosenkranz, Clerk of the Board