The Board of Island County Commissioners met in Special Session on June 28, 1999, beginning at 9:00 a.m. in the Office of the Island County Commissioners, 502 N. Main, Coupeville, Wa. Members present were: Wm. L. McDowell, Member; and William F. Thorn, Member. [Although Chairman Mike Shelton was on vacation, he participated in the Special Session by telephone].

As indicated in the Notice of Special Session, the purpose was to meet in Executive Session as allowed under R.C.W. 42.30.110 (1) (i) in order to discuss with legal counsel pending litigation, estimating the session would last approximately one hour.

Consensus reached to authorize special legal counsel to proceed with certain action. Board to take final action in open public session during this afternoon’s Regular Meeting.

Special Session adjourned at 9:45 a.m.

ATTEST: _______________________

Margaret Rosenkranz, Clerk of the Board

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The Regular Meeting of the Board of Island County Commissioners was held on June 28, 1999, 1999, beginning at 11:30 a.m. for the monthly Roundtable with Elected Officials, following with other meeting items as listed on the Agenda beginning at 1:30 p.m. The meeting was held in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with Wm. L. McDowell, Member, and William F. Thorn present. Mike Shelton, Chairman, was absent.

Elected Officials Present: Tom Baenen; Greg Banks; Marilee Black; Mike Hawley; Maxine Sauter; Suzanne Sinclair.

Computer Issues. Central Services should have an inventory of all computers and software versions.

Software, for example versions of WORD, need to be consistent not only within each office but throughout the County.

Computer group met on Friday and Central Services provided a map showing the complete Island County computer network as it stands today [copy posted in Commissioners’ Office]. A lot has been done in the establishment of a network and the basics of the system looks good. Systems written for the Assessor’s Office thus far are coming along very well although it has been a hard and arduous task.

Video Conferencing Update. Sheriff Hawley talked with Cathy Caryl regarding video conferencing but has not received information back at this point; hopes to have something to report at next month’s meeting.

Imagining/Scanning Update. Elected Officials are still in process of trying to get all information and data together. The Assessor and Auditor have different needs and programs from those necessary for the Court system so there is some question whether one size will fit all.

A representative from Eagle Computer Service has been contacted to plan a demo here on July 30^th on the CRIS+ system developed for imaging capabilities. Lewis County paid $153,000 for their recording system [hardware, software, training]. Ms. Sinclair noted that Elaine Marlow sat in on the June 23^rd meeting of the Technology Committee for a demo by a representative of CDCOM regarding options for document retention and indicated it was pretty straight forward and something to look at for things more utilitarian short-term.

For the Assessor’s Office it would perform a couple of very needed functions quickly and inexpensively. Another facet is to look in terms of interrelationship between the departments, those who need to edit and those who only need information.

About 19 counties use the CRIS+ system and for example, Lewis County makes four CD’s: County copy; back-up copy off site; archive copy and the title companies [for a fee]. "Open architecture" is the new buzz word in computer programming [avoiding proprietary systems].

Some follow up questions to think about are: what is consequence of having a common system; discuss with one another about what the logic of the flow of information is around the County before the July 30^th demo.

Budgeting Issues. Elected Officials did follow-up as suggested previously writing a letter of support to the Washington State 10^th District legislators about concerns over Island County being eliminated from the Rural Economic Bills (HB 2260, SB 5594) to request moving Island County from "urban" to "rural" based on different criteria since Island County does not fit the classification of urban, with the exception of people per square mile.

One of the things in the discussion previously was that sub-group budgeting would be hard to do other than the Law & Justice sub-group, because each elected official has a specific need and would be impossible in most instances to prioritize along side the Treasurer, Assessor, Auditor.

The Commissioners idea was to try to expand on something that worked the first time. Perhaps other elected officials, outside the law & justice arena, could meet as a sub-group and prioritize among themselves as far as personnel requirements in the future. Elected Officials suggested it should be recognized by the Board that should they come together as a budget sub-group, that would not preclude an individual Elected Official from coming to the Board with a specific need to be addressed in the budget separately.

As far as the budget process going beyond just a 12 month process, the Budget Director is in the process of looking into that and looking at actual revenue history for the last 6 to 10 years. The Treasurer has the revenue actuals for the last 10 years and agreed to provide that to Margaret.

There needs to be a "budget policy" of the Board.

Ms. Sinclair visited Lewis County and spent time with their accounting supervisor. That County has Central Services as an internal service fund separate from others, like an ER&R fund in a sense. For budgeting it would require that Central Services take on planning for upgrades/replacements and some forward thinking.

Facility Issues. Relative to space allocations between the Prosecutor's Office and the Public Law Library in the Courthouse facility, the Prosecutor was feeling somewhat cramped in space. Commissioner McDowell suggested this as an item for discussion on Staff Session during the Public works agenda.

Miscellaneous Issues. Commissioner Thorn would like to see more policy issues brought forward, discussed and some agreement reached.

While Elected Officials’ salaries are not a priority right now, it is a matter that the Elected Officials will bring back to the table.

Next Roundtable: July 26, 1999 @ 11:30 a.m. Next month topics the same with updates to be provided; new topics provide to Ms. Black prior to the Roundtable.

Veterans Assistance Fund: [emergency financial assistance to certain eligible veterans; the names and specific circumstances are maintained confidential]. By unanimous motion, the Board approved Claim V-99-6 as recommended by the Veterans Assistance Review Committee in the amount of $339.38; remainder of claim denied.

Don Meehan, WSU Extension Agent, presented for Board consideration and adoption a resolution establishing operations and procedures for the Island County Marine Resources Committee, a follow-on to Staff Session on June 4^th when he reviewed with the Board a draft document regarding operations of the Marine Resources Committee and start-up. The operations and procedures is in follow-up to the Board’s adoption of Resolution #C-59-99 which established the committee. Mr. Meehan thanked the Commissioners for the work invested in the details and thought this something now that was quite workable. One of the categories he thought should be added under Technical Advisory Committee, on Page 3 of Exhibit A was "Other Interested Agencies" and asked that that be done at this time.

OPERATIONS & PROCEDURES ) Resolution #C-79-99

NOW, THEREFORE, BE IT RESOLVED, that the Board of Island County Commissioners does hereby establish a Marine Resources Committee operations procedure as outlined in "Exhibit A", OPERATIONS AND PROCEDURES OF THE ISLAND COUNTY MARINE RESOURCES COMMITTEE.

ATTEST: By Ellen K. Meyer, Deputy

IN THE MATTER OF ADJUSTING )

SALARIES FOR NON-BARGAINING UNIT) RESOLUTION C-80-99

EMPLOYEES (EXCLUDING ELECTED )

OFFICIALS) FOR 1999 )

WHEREAS, the Board of Island County Commissioners finds that it is in the public interest to make

provisions for the 1999 salaries for department heads and all non-bargaining unit employees (excluding Elected Officials) within the following Island County Funds, to wit: Current Expense, Public Works, Road, Public Health Pooling, Insurance Reserve, Solid Waste and Law & Justice;

WHEREAS, the Board adopted Resolution C-172-98 on December 28, 1998, that provided a 2.0% base salary increase subject to further adjustment during this calendar y ear.

WHEREAS, it is in the public interest to maintain morale and compensation equity among county employees both represented and non-represented; NOW, THEREFORE,

BE IT RESOLVED, that the above identified personnel l shall be granted an additional cost of living adjustment equal to .5% of base salaries effective January 1, 1999 in addition to that which was approved by Resolution C-172-98.

ADOPTED this 28^th day of June, 1999.

BOARD OF COUNTY COMMISSIONERS

[Mike Shelton, Chairman – Absent]

Wm. L. McDowell, Member

ATTEST : By Ellen K. Meyer, Deputy William F. Thorn, Member

Margaret Rosenkranz, Clerk of the Board

BICC 99-387

Mr. Toft presented to the Board for approval and signature, a resolution adopting revised Island County Personnel Policies and Procedures Manual which includes a change to Island County longevity steps on the pay grid moving the steps one year earlier for the most steps, and changing percentage of increase in those steps, and allowing the Auditor’s Office to effect the anniversary date for longevity steps to be taken at the first day of the month. The resolution also allows the Board to bring that forward an 85/15% split on the share of the premium for the health plan. It is hoped this will provide a significant impact on personnel retention. The Deputy Prosecuting Attorney had indicated that since all three changes to the policy manual deal with fiscal matters, it was more of a courtesy than requirement to obtain the signatures of the other Elected Officials. All Elected Officials have signed the change, with the exception of Judge Hancock since he is on vacation until July 6.

WHEREAS, the Island County employee’s manual requires periodic updating or modification to reflect changes in procedures or policy;

WHEREAS, in the interest of adapting to changes in the labor market it is in the county’s interest to modify the longevity grid to benefit current and future employees; and

WHEREAS, to maintain a viable and affordable health plan it is in the interest all employees in Island County to share as determined by the Board of County Commissioners in the costs of providing the basic Health plan in the County; NOW, THEREFORE,

IT IS HEREBY RESOLVED that the attached changes to the Personnel Policy and Procedures Manual are adopted and made a part of the manual replacing those sections superseded and the other independently elected Officials have been presented with this resolution and approved as well. Upon adoption of this change, the provisions of the current Personnel, Policies and Procedures manual adopted June 6, 1994 and revised 04/01/98, will be amended to reflect the incorporation of Exhibit A attached. Underlined material is added and stricken through material is being deleted. The change to Section 2.01.013, New Employment – Reduction of Pay Grade for First Six Months, shall be effective January 1, 1999. The changes to Section 2.01.017, Longevity Increases in Salary, shall be effective January 1, 1999 for future employees and for employees who are actively on the payroll on the date of adoption of this resolution. The changes to Section 2.01.021, Medical Insurance, shall be effective July 1, 1999.

ADOPTED this 28^th day of June, 1999.

BOARD OF COUNTY COMMISSIONERS

[Mike Shelton, Chairman-absent]

ATTEST: By Ellen K. Meyer, Deputy Wm. L. McDowell, Member

Lee McFarland, Assistant Director, GSA/Property Management, presented closing paperwork for the "Prosecutor’s Forfeited Property " necessary for the transfer of ownership of the property.

IN THE MATTER OF THE BOARD OF )

COUNTY COMMISSIONERS EMPLOYING )

AN ATTORNEY TO DEFEND ISLAND ) RESOLUTION NO. C-82-99

COUNTY SHERIFF DEPUTY HARDCASTLE )

IN THE LAWSUIT FILED IN DISTRICT COURT )

WHEREAS, the Board of Island County Commissioners has, at this point in time, determined that Island County Sheriff Deputy Hardcastle was acting in good faith within the discharge of his duties as an Island County Deputy Sheriff; and

WHEREAS, it is deemed necessary and advisable that an attorney be retained to defend Deputy Hardcastle in the lawsuit filed in District Court #C99-0926;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Island County, Washington, as follows:

The law firm of Carney, Badley, Smith & Spellman, specifically Nicholas Scarpelli, has been retained to defend Deputy Hardcastle, and will keep the County and the Washington Counties Risk Pool advised of all significant pleadings and other areas of investigations. The dollar amount for legal defense paid to Carney, Badley, Smith & Spellman will not exceed Five Thousand Dollars ($5,000.00).

Signed this 28^th day of June, 1999.

BOARD OF COUNTY COMMISSIONERS

[Mike Shelton, Chairman - absent]

WM. L. MCDOWELL, MEMBER

WILLIAM F. THORN, MEMBER

ATTEST: By Ellen K. Meyer, Deputy

Margaret Rosenkranz, Clerk of the Board

The Board, on unanimous motion, approved Contract #EM997062, Amendment E, between Washington State Military Department and Island County providing additional funding in the amount of $15,403 [for I-COM Center back-up].

No members of the public present at the hearing requested an opportunity to speak either for or against the proposed renewal of said franchise.

By unanimous motion, the Board approved Franchise #309(R), renewal for existing water distribution system in Goldie Road for the US Navy, in Sections 23/26, T33N, R1E.

As presented and recommended for acceptance by Larry Kwarsick, Public Works Engineer, the Board by unanimous motion accepted and approved Stormwater Mitigation Agreement with Don La Montague for Lot 10, Blk 4, Holmes Harbor Golf & Yacht Club #8.

The Board by unanimous motion approved Consultant Agreement for Madrona Way Reconstruction Project under #PW992023 with Fakkema & Kingma, Inc. to provide survey and design consultant services for Madrona Way Reconstruction Project, CRP 94-03, in an amount not to exceed $55,959.95. The project, scheduled for the year 2000, is funded by STP Funds.

Consultant Agreement for Wilkinson Road Closure Project #PW992024, was approved by the Board by unanimous motion, between the County and Fakkema & Kingma, Inc. to provide survey and design consultant services under CRP 99-01, for a maximum of $21,956.00. This is the road previously closed to vehicular traffic. The project consists of provision of some public parking, fencing, gates, vehicle turn-around area, signing and lighting putting in some gates, illumination, fencing off slide area and some minor modifications to the slide area. The project is partially funded by FEMA.

The Board by unanimous motion approved Consultant Agreement for Holmes Harbor Drainage Study #PW992025 with Datum Pacific to provide surveys, evaluations, report of drainage in the Plat of Holmes Harbor, for a maximum amount not to exceed $75,443.00.

By unanimous motion, the Board approved Supplemental Agreement #4 to Consultant Agreement No. PW972019 with Datum Pacific, Inc., for the Glendale/Humphrey Roads and Stream Restoration Project under CRP 97-04, increasing amount of contract by $20,000.00 and adding to the scope of work. As indicated by Mr. Legat, Supplemental Agreement #4 revises the Scope of Work as follows:

• Revisions to existing plans for repairs of Glendale Road;
• Revisions to existing plans for replacement of existing culvert to advertise and build as a stand-alone fish passage improvement project;
• Provide on-site technical assistance for Glendale stream channel & outfall work
• Provide on-site geotechnical engineering assistance during construction of retaining wall for Glendale Road .

The Board, by unanimous motion, approved an Adopt-A-Road Litter Contract with Island County Juvenile Court Services for Crosby Road from Oak Harbor City Limits to West Beach Road.

On recommendation of Mr. Legat the Board awarded Contract for the Brighton Beach Road Slide Repair project, South Whidbey, under CRP 98-03 to G.G. Excavation, Inc., the low bidder in the amount of $155,009.00.

BICC 99-384 [Exhibit A – Fee Schedule on file with the Clerk of the Board]

A Public Hearing was held beginning at 2:45 p.m. on Resolution #C-71-99 [PLG-013-99], Adopting the Calendar to Establish a Work Plan for Issues Remanded by the Western Washington Growth Management Hearings Board.

Copies of the Resolution and Calendar [Exhibit A to the Resolution] were available for members of the press and public provided on June 14^th when the Board scheduled the matter for hearing this date and time [GMA Document #4211].

Attendance:

Public: Linn Emrich; Charles Scurlock

Staff/Consultant: Keith Dearborn; Vince Moore

Keith Dearborn, Island County’s special legal consultant, outlined two suggested changes to the calendar.

• The calendar was drafted prior to the motions for reconsideration filed by WEAN and the Coalition. Given those motions for reconsideration, he thought it best to postpone the July

• The other suggested change is that the September 20 hearing at 1:30 p.m. on Agricultural Lands of Long Term Commercial Significance be scheduled instead on September 27^th at 3:00 p.m.

COUNTY OF ISLAND

WHEREAS, various parties filed petitions with the Western Washington Growth Management Hearings Board ("Board") to review Island County’s adopted GMA Comprehensive Pan and Development Regulations; and

WHEREAS, the Board entered its Final Decision and Order on June 2, 1999; and

WHEREAS, the Board found certain provisions of the County’s Comprehensive Plan and Developments regulations do not comply with the requirements of the GMA; and

WHEREAS, the County needs to establish a work plan and calendar of actions to address the issues the Growth Board remanded for further review.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Island County Commissioners hereby adopts the proposed GMA Compliance Calendar, attached hereto as Exhibit A, which sets forth the actions and schedule to address the issues remanded for further review by the Western Washington Growth Management Hearings Board.

DATED this 14^th day of June, 1999. Public Hearing set for June 28, 1999 @ 2:45 p.m.

ATTEST: Margaret Rosenkranz,

Clerk of the Board BICC 99-354

APPROVED AND ADOPTED this 28^th day of June, 1999.

ATTEST: By Ellen K. Meyer, Deputy

For: MARGARET ROSENKRANZ

Clerk of the Board

A Public Hearing was held beginning at 3:15 p.m. on Ordinance #C-01-99 [PLG-003-99], Langley Interlocal Agreement Governing Land Use Decisions within Non-Municipal portion of Langley’s Urban Growth Area, continued from June 21, 1999 [GMA Document #43936/21/99 version]. Ordinance #C-01-99 was initially set for hearing on January 11, 1999, with the first hearing held on January 25, 1999, and continued to 2/22/99, 4/5/99, 4/19/99, 5/3/99, and 6/21/99.

A large scale version of Exhibit B, map, was posted for display during the hearing [GMA Document #4317]