Lee McFarland, Assistant Director, GSA, provided for the Board a Deed and Real Estate Excise Tax Affidavit necessary for the sale of County-owned surplus property, Lot 13, Block 1, Plat of Rolling Hills. This was a topic of discussion with the Board during Staff Session on May 20^th. This property was previously declared surplus and did not sell at the County Surplus Property Sale; subsequently, Mark W. and Dawn D. Barnes made an offer which was accepted, in the amount of $5,500, which has been paid.

The Board, by unanimous motion, approved the sale of Parcel #S8050-00-01013-2, declared as surplus, and sign the Statutory Warranty Deed conveying the property to Mark W. and Dawn D. Barnes and excise tax affidavit.

By way of Memorandum dated June 2, 1998, the Board received from Betty Kemp, Director, GSA, a revision of the Camano Boarding Services Agreement. The revised contract does not change the maximum amount of $4800.00, but defines Contractor’s commitment to provide boarding for impounds through August 31, 1998, and County commitment to purchase extra dog kennels to house potential adoptions and pay cost of installing a telephone line.[approximately $50.00].

By unanimous motion, the Board approved the revision to the Camano Boarding Services Agreement as presented by Mrs. Kemp, between Island County and Camano Veterinary Clinic, Inc.

The Board, by unanimous motion, approved Contract #3040-05177(4) for $16,192 Ryan White Funds for HIV/AIDS, Title II, care services. Agreement between Evergreen AIDS Foundation and Island County Health Department, representing $16,192 in funding Contract

In accordance with request by the Commissioners of Holmes Harbor Water District, by letter dated May 21, 1998 and Resolution # 302, pursuant to RCW 57-04-065, the Board approved by unanimous motion, the District name change request from Holmes Harbor Water District to Holmes Harbor Sewer District.

Paul Moskvin, resident of Island County, currently employed as the Chief Medical Investigator, Snohomish County, submitted a draft Interlocal/ Service Agreement proposal to implement standards of death investigation for the five county region, [Region 1] Skagit, Whatcom, San Juan, Island and Snohomish counties. The draft proposal was provided today for the Board’s review and follow-up at a subsequent Board meeting. Mr. Moskvin had not yet discussed the proposal with the Island County Coroner. He also provided an additional confidential letter written to Commissioner Shelton for his distribution at his discretion.

An Agreement Fufillment Statement from Marilee A. Black, Seller; Phillip Black and Richard A. Melrose, Jr., co-lessees, regarding Island County’s purchase of Lots 1, 2 & N 20’ of Lot 3, Block 31, Plat of Coupeville, was presented to the Board for approval and signature, by Larry Kwarsick, Public Works Director. The Purchase and Sale Agreement provides that $10,000 of the purchase price be retained by Island County as security to guarantee Seller’s performance of the site cleanup work per terms of Site cleanup Agreement, to be released to the Seller less any expenditures by the County to perform the Seller’s and/or co-lessee’s site cleanup work.

Mr. Kwarsick verified that work has now been completed, and that the cost to Island County expended for site cleanup was $2,931.74. He recommended the Board sign and the Agreement Fulfillment Statement paying the Seller $7,068.26 of the $10,000 and that Island County retain the amount expended for site cleanup work in the amount of $2,931.74. Based on the terms and conditions of the Purchase and Sale Agreement, the prior owner still has a two-year indemnification relationship.

By unanimous motion the Board approved the Agreement Fulfillment Statement between Island county and Marilee Black, Phillip Black and Richard A. Melrose, Jr., for Lots 1, 2 and the North 20’ of Lot 3, Block 31, Plat of Coupeville, with a change in the last line of the Agreement: the word "pay" being changed to "release".

The County had anticipated a grant from the State Department of Ecology to cover some of the costs of developing the Natural Lands Plan. DOE put a hold on the grant application process and the County therefore will not receive contributions towards the cost of the plan from DOE. Mr. Kwarsick requested approval to add $6,000 to the 1998 REET 1 Fund budget to cover the costs of the David Evans contract for developing the Natural Lands Plan. He explained this did not increase the budget for the Plan, rather, used $6,000 REET 1 funds in lieu of grant funds.

The Board adopted a unanimous motion allocating $6,000 of REET 1 Fund budget to pay for the David Evans contract for developing the Natural Lands Plan.

Supplemental Agreement #3 with Gleason & Associates for the South Whidbey Family Resource Center, was presented by Mr. Kwarsick for the Board’s review and approval. Intention of the supplemental agreement is to provide for architectural and engineering services during the period of construction of the South Whidbey Family Resource Center.

Gary Hess, Construction Engineer, explained the agreement to be for construction services by the architect and subs, including some site inspection, attending project meetings, the supplement representing an increase of $5,200. The remaining construction management will be done by Mr. Hess. Clearing and grubbing to start on Thursday, with site prep to follow.

By unanimous motion, the Board approved Supplemental Agreement #3 to the Professional Services Agreement between Island County and Gleason & Associates Architects PS, for the South Whidbey Family Resource Center, the amount of supplement being $5,200, and the Chairman of the Board authorized to sign once the signed agreement has been received back from the contractor.

The Obligor, Glen Cunningham by letter May 11, 1998, requested release of bond under Short Plat #45/94 inasmuch as alternative fire protection measures had been installed as required. On April 2, 1998, an inspection on the residential fire sprinkler system was performed and verification of installation provided. With the report of the fire Inspector, Mr. Kwarsick recommended release of bond.

The Board, by unanimous motion, the Board authorized bond release for Glen Cunningham, after having satisfactorily installed the alternative fire protection measure for Short Plat #45/94.

As presented and recommended by Mr. Kwarsick, the Board adopted by unanimous motion, Resolution #C-70-98 [R-30-98] approving Quitclaim Deed to the State of Washington Department of Transportation for a portion of Zylstra Road right-of-way located in Sections 19/30-32-1E, for widening and construction of SR20.

IN THE MATTER OF APPROVING COUNTY )

WHEREAS, the County had previously acquired title by Deed, from Penn Cove Associates, under Auditor’s File No. 86012552, and plat dedication(s), and other acquisition procedures to that portion needed by AND to be transferred to WSDOT for the widening and construction of said highway project. And, after construction WSDOT will be responsible for any and all maintenance of said portion needed. NOW THEREFORE,

BE IT HEREBY RESOLVED that the Quitclaim Deed for transfer of a portion of the County road is approved and that the undersigned County Commissioners are authorized to sign, to have notarized and return said Deed to the WSDOT, together with a signed copy of this Resolution.

ADOPTED this 8^th day of June, 1998.

Attest: Margaret Rosenkranz

Clerk of the Board

As presented and recommended by Mr. Kwarsick, the Board also adopted by unanimous motion , Resolution #C-71-98 [R-31-98] approving Quitclaim Deed to the State of Washington Department of Transportation for right-of-way granted to Island County during short platting (deed is to County/short plat states R/W deeded to WSDOT, Sec. 32-31-2E (SR 525 project Lake Hancock vicinity to Houston Road).

IN THE MATTER OF APPROVING COUNTY )

QUITCLAIM DEED TO WSDOT TO COMPLY )

WITH REQUIREMENTS OF SHORT PLAT ) RESOLUTION NO. C-71-98

NO. 85/21-3.23132.023.165 ) R-31-98

__________________________________________)

WHEREAS, WSDOT has been coordinating with Island County for/in the widening of SR 525 and various improvements thereto, all for the benefit of the motoring public, and in particular for the residents of Island County; AND, a Quitclaim Deed is required to clear title to that portion located within the highway project limits of SR 525, Lake Hancock Vicinity to Houston Road Vicinity.

WHEREAS, as a condition of the short plat, it was noted on the face of said short plat, "20’ Addn. R/W to be deeded to W.S.D.O.T." Inadvertently, Island County acquired the rights by Quit-Claim Deed under Auditor’s File No. 87007489. In the improvement of State Route 525, by the Washington State Department of Transportation, it is necessary and advisable that Island County transfer the property rights to the State of Washington for said highway project.

BE IT HEREBY RESOLVED that the Quitclaim Deed for transfer of land is approved and that the undersigned County Commissioners are authorized and directed to sign, have notarized, and return said Quitclaim Deed to WSDOT, together with a signed copy of this Resolution.

ADOPTED this 8^th day of June, 1998.

Attest: Margaret Rosenkranz

Clerk of the Board

By unanimous motion, the Board scheduled a Public Hearing for July 6, 1998 at 10:15 a.m., to consider Ordinance #C-72-98, proposed road name changes on Whidbey Island. The following will be considered:

Unnamed Rd [320N] Entire length Plat of Muellers Park Twin Lagoon Ln

Troxell Rd Ptn. W of SR20, Co. portion Soundview Lane

Wanamaker Rd. Ptn. W of Ft. Casey Rd. Bells Lane

Cimony Lane Ptn N of Nautilus Rd Nob Hill Lane

6830N Entire length Plat Possession Pearl Court

View Beach #2

Harding Avenue Ptn N of SR 525, Plat of Clinton Deer Lake Road

South Douglas Street Entire length-plats of Glencairn Glencairn road

#1 and #2

Seasme Street Entire length-plat of Honeymoon Garden Grove Ln

Lake #2

Seacrest Lane East-W ptn Plat of Seacrest #1 Jamaica Road

Mortland Drive Primitive portion Headlands Way

Unnamed Road entire lenth [in plat of Polnell Crescent Drive

Shores #1]

A Public Hearing was scheduled by unanimous motion of the Board, for July 16, 1998 at 5:00 p.m., at the Odd Fellows Hall located at 96 S. Camano Ridge Road on Camano Island. The following road name changes will be considered:

Cedar Place RL #75310 Entire Length [plat of Lost Lake Alderwood Lane

Grove #1

Unnamed Road RL #86230 Entire Length [plat of Maple Boat Ramp Road

Grove Beach

90N RL #81230 Entire Length MP 0.07 – MP 0.13 Arrowhead Road

Dolphin Street RL #80970 From Double View Dr. northerly Hillside Drive

[portion] to 90 degree turn to the west

Mr. Kwarsick requested Board approval of a consulting agreement between Island County and Skillings-Connolly, Inc., Lacey, Wa., for design and construction inspection services for Woodland Beach Road Repair, CRP 98-06, Work Order 127. Contract was negotiated with this firm and signed contract expected today and has not been reviewed by the Deputy Prosecuting Attorney or Risk Management at this time, but is the standard consultant agreement. This is part of the FEMA re-construction efforts. FEMA has approved this project in the amount of $500,625.00, written confirmation to be received shortly. Maximum amount payable under the consultant contract is $171,122.79.

By unanimous motion, the Board approved consultant agreement for engineering services for Woodland Beach Road repair with Skillings-Connolly, Inc., authorizing the Chairman’s signature once signed contract has been received from Contractor and after contract has been approved by the Civil Deputy Prosecutor and the Risk Manager.

A Public Hearing was held at 10:45 a.m., as scheduled and advertised, to consider Ordinance #C-66-98 [PLG-006-98].

Phil Bakke, Code Enforcement, Island County Planning Department, presented the proposed ordinance entailing the revision of the definition of "Substantial Improvement" for the Flood Development Ordinance, Chapter 14.02A, Island County Code, as follows:

The change makes the language comply with the Federal Emergency Management language adopted. Comments were received from Patrick Massey, FEMA, who recommends this alteration. Mr. Bakke confirmed that the language revision would provide a little more flexibility for the Department to be able to establish that threshold. No comments have been received from the public.

The Chairman opened the hearing to public comments at this time. No member of the public spoke either for or against the proposed Ordinance.

By unanimous motion, the Board adopted Ordinance #C-66-98 [PLG-006-98] in the matter of revision of the definition of substantial improvement in the Flood Damage Prevention Ordinance, Chapter 14.02A Island County Code.

WHEREAS, it is necessary for effective and efficient implementation of the Flood Damage Prevention Ordinance that the definition of substantial improvement be revised; and

WHEREAS, the amendment to ICC 14.02A.020 as shown in Exhibit "A" attached, is procedural in nature and categorically exempt from SEPA review pursuant to WAC 197-11-800(20); NOW, THEREFORE,

IT IS HEREBY ORDAINED by the Board of Island County Commissioners that the amendment to ICC 14.02A.020 attached hereto as Exhibit "A" is hereby adopted. Material underlined is added and material lined through is deleted.

DATED this 18^th day of May, 1998, and set for public hearing on the 8^th day of

June, 1998 at 10:45 a.m. in the Commissioners Hearing Room.

BOARD OF COUNTY COMMISSIONERS

Wm. L. McDowell, Chairman

Mike Shelton, Commissioner

Tom Shaughnessy, Commissioner

Margaret Rosenkranz

Clerk of the Board

Ordinance C-66-98 (PLG 006-98) is adopted this 8^th day of June, 1998 following public hearing.

ATTEST:

Clerk of the Board

David L. Jamieson, Jr.

Deputy Prosecuting Attorney and

Island County Code Reviser

Substantial Improvement: Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the assessed value of the structure either before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

1. any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or
2. any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

Stacy Tucker, Assistant Planner, presented Preliminary Site Plan Review #078/98 and waiver of final site plan review, for Island County Fire District #2, expansion of an existing emergency medical service and fire protection use located at 2720 N. Heller Road, North Whidbey Island, Parcel #R13334-420-1580. The Island County Hearing Examiner heard the matter on May 21, 1998, and on June 1, 1998, issued Findings of Fact, Conclusions of Law and Recommendation recommending approval, subject to nine conditions.

The Board, on unanimous motion, approved preliminary site plan #078/98 for Island County Fire District #2, for expansion of existing emergency medical services and fire protection use located at 28720 N. Heller Road, North Whidbey Island, Parcel #R13334-420-1580, in accordance with the recommendation of the Hearing Examiner.

A Public Hearing was held at 1:30 p.m., as advertised and scheduled, to consider proposed Ordinance #C-62-98 [PLG-014-98] concerning Fish and Wildlife Habitat Conservation Area Critical Area Regulations and re-adoption of emergency amendments for Wetlands. In addition to the Board, Planning Commission members, staff, consultant, and press, approximately ten others attended the hearing; an attendance list was circulated and copy is on record.

As today’s legal ad noted, some of the wetlands amendments were adopted on April 27, 1998, as an emergency action and the proposed action today included re-adoption of those emergency amendments. Comment was received on the original proposal at four public hearings held on March 16, 18, 14 and 26, 1998, and a 30-day public comment period ended on April 9, 1998. After the close of the public comment period, the Planning Commission considered amendments that addressed issues raised at the hearings and in public comment letters and then recommended to the Board this amended proposal be enacted. The Planning Commission’s recommended proposal was reviewed pursuant to Chapter 43.21C, State Environmental Policy Act, and a DNS was issued on May 2, 1998, with a 15-day comment period and a 15-day appeal period.

Keith Dearborn, Island County’s legal consultant on GMA matters, announced that the County received today the final decision and order of the Western Washington Growth Management Hearings Board regarding Island County’s critical areas ordinances [copy provided: Final Decision and Order: No. 97-2-0064, WEAN v. Island County]. The WWGM Hearings Board found that all of the County’s adoptions of critical areas regulations complied with GMA procedurally, with the exception of Fish and Wildlife and regulations protecting critical aquifer recharge areas. In the case of adoption of ICC Chapter 8.08, Water Regulation in 1992, the County did not place a notice of adoption in the newspaper; therefore, the WWGM Hearings Board did not rule on those regulations. The WWGM Hearings Board ruled that all of the procedures involving adoption of all other critical area ordinances, including wetlands, met the standards of GMA and no appeal could be filed on any of those amendments or ordinances. However, with regard to Aquifer Recharge, the Growth Board found that there was no notice of adoption so that someone could potentially appeal that ordinance. That issue has been called to the attention of the Health Services Director and a recommendation is forthcoming. Mr. Dearborn thought it likely that the recommendation will be to place a notice in the paper stating that in 1992 the County adopted the critical area regulations for aquifer recharge and if anyone wishes to challenge those they have 60 days to do so. The reason for putting the notice in the paper is that at the end of the 60 day period if there were no challenges, no one could bring a challenge later.

The WWGM Hearings Board determined adoption of three emergency wetland amendments were sufficient to overcome any challenge of invalidity and denied the request to declare the wetland ordinance invalid. In addition to having properly adopted the wetlands ordinance the Growth Board, with those three amendments, dismissed the challenge of the wetlands ordinance on the substance. At this point, the only critical area modifications Alison Moss, Bogle & Gates, Consultant, is recommending are the Fish and Wildlife changes that are before the Board today.

Regarding Fish and Wildlife changes, Steve Erickson, WEAN, filed an appeal with the Island County Hearing Examiner on the issue of the threshold determination there were no significant adverse environmental impacts. Mr. Erickson will argue before the Examiner at a hearing scheduled for July 2^nd that the County should prepare an EIS on the Fish and Wildlife amendments, arguing that existing regulation is more stringent that the regulations. Both Ms. Moss and consultant believe new regulations are more stringent than existing regulations. After a decision from the Hearing Examiner, Mr. Dearborn can then advise the Board on the next steps to be taken based on the Hearing Examiner’s decision, but he thought the earliest the Board could consider the Fish and Wildlife amendments would now probably be the end of July. Ms. Moss has written to the Growth Board advising that due to the appeal, Island County will not be able to meet the June 23 deadline. Ms. Moss, along with Andy Castelle, had a number of meetings with different interests since the Planning Commission’s recommendations, and most recently, with DOE and DF&W.

Mr. Dearborn recommended the hearing be continued even thought the Board was legally permitted to actually adopt the Fish and Wildlife recommendations with pending SEPA appeal. Those present today who wish to testify should be allowed to do so as a convenience, but those who can defer their testimony should do so until the matter has been rescheduled.

The following hand-outs were provided for today’s hearing:

Ordinance #C-62-98 and Exhibit A: basic attachment to Ordinance #C-62-98, the

Exhibit B: Critical Areas - findings

June 8, 1998 Letter from Alison Moss, including attachment. Ms. Moss identified

two issues where more consideration should be given [not a recommendation, but

forwarded the recommendations by way of letter dated June 2, 1998 from the State of

Washington Department of Fish and Wildlife:

1. width of buffer on streams that are potentially or in fact salmon bearing streams

[list of streams of concern to the State provided ]

2. issue of protected species, with DF&W letter dated 6/2/98 providing specific

Table: Washington Department of Fish and Wildlife suggested list of Protected habitats and Species for Island County, June 1, 1998

Recommended FWHCA Amendments responding to public comment – based on

testimony received so far [not contained in Exhibit A, provided so that the Board

and public have ample opportunity to review suggested amendments.

Ms. Moss and Mr. Castelle are reviewing the County’s Fish & Wildlife survey to see what impact these additional species identification might have.

Doug Wirth, Boon Road, Oak Harbor, was interested in knowing if an area had been farmed and then gone wet in a given year, could it continue to be farmed – i.e. if he farmed an area and it went wet in the subsequent year could he take it back to the state it was when he farmed it last?