The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on September 20, 1999, beginning at 9:30 a.m., in the Island County Courthouse Annex, Hearing Room, Coupeville, Wa., with Mike Shelton, Chairman, Wm. L. McDowell, Member, and William. F. Thorn, Member, present.

The following vouchers/warrants, as well as August payroll, were approved for payment by unanimous motion of the Board: Voucher (War.) #58092 - 58430 for $1,212,493.07.

After presentation and brief summary of proposed personnel action authorizations by Dick Toft, Human Resource Director, the Board by unanimous motion, approved the following:

The Board, on unanimous motion, signed a letter to Governor Locke, signed by the San Juan

County Commissioners inviting the Governor to be the key-note speaker at the Marine Resource Committee Training Conference to be held on Whidbey Island November 5 & 6, 1999, sponsored by the Northwest Straits Marine Conservation Initiative. Other counties to sign the letter include Clallam, Jefferson, Skagit and Whatcom.

Jim Konopik of Coupeville was by unanimous motion of the Board, reappointed to Position #5 on the Trust Board of Ebey’s Landing National Historic Reserve, for a term to October 1, 2003.

Mr. Tom Asmus, 1276 South Engle Road, Coupeville, was appointed by unanimous motion of the Board to serve as Drainage District No. 6 Commissioner to Position #1.

By unanimous motion, the Board assigned the following Position Numbers and terms to the Drainage District #6 Commissioners, as follows:

Lee McFarland, Assistant Director, General Services Administration, presented revisions to the

Camano Animal Control Contract as discussed with the Board at Staff Session on August 4, 1999. Changes are made in lieu of additional funds as outlined in a memorandum to the Board dated August 23, 1999 from Betty Kemp. The Contract has been reviewed and approved by the Deputy Prosecuting Attorney and the Risk Manager.

The Board, by unanimous motion, approved and signed the Camano Animal Control Contract as presented.

Mr. McFarland presented for the Board’s consideration and approval a proposed resolution in the

matter of the sale and/or disposal of surplus County property, a topic also discussed at a recent staff session. There is no planned auction this year since there are too few items to make it worthwhile. Surplus vehicles will be advertised in the newspapers; other items with salvage value will be held for next year. As far as surplus non-functional computer parts, school districts are being contacted for interest by those teaching repair classes.

By unanimous motion, the Board approved Resolution #C-111-99 as presented.

The Board reviewed a proposed Resolution of intent to participate in Secure Crisis Residential Center 1999 to 2001 biennium and discussed same with Elizabeth McKay, Administrator, Juvenile Court Services. CRC is a piece of the juvenile detention center and there is a contract in beginning stages of negotiation for money to assist with the building architectural costs, engineering, permits, etc.

A copy of a 7/30/99 letter from Nancy A. Zahn, Regional Administrator, DSHS, Ms. McKay, providing information on availability of construction funds for Secure Crisis Residential Centers [CRS]: (1) any expenses encountered in the 1997-99 biennium should be accrued and paid in the 1997-99 biennium; (2) funds not yet spent should be spent by 6/30/01; and (3) the pot of money is on a "first come-first serve" basis; once the $2,800,000 is allotted under contracts—the pot is empty. The letter further stated that this means that while the funds are theoretically available to be spent through 6/30/01 the reality is a finite appropriation of $2,800,000 spent state wide as construction proceeds in other regions. Potential providers delaying construction to a later date may find that the limited sum available is spent, and it is not possible to guarantee that construction funds will be available to all who are interested in applying.

Ms. McKay confirmed this was not dependent upon a 6/30/01 completion date, rather the start date for design or hiring of an architect. The contract would commit for 3 regional beds and the operational contract will state the requirement for 1 staff for every 3 beds.

The Chairman commented that one of the things the Board was very concerned about was that operational funds be available when the County starts operation. Ms. McKay explained that the contract will be nailed down but it would end at the end of the biennium and was something the State could pull if the money is not appropriated.

Commissioner McDowell was firm on the point that the County must know it will be able to go ahead and operate, or not waste the money building something the doors will not be opened to. He has maintained all along until he knows the money is available, either by saving it or an assured source, he would not vote to build anything; however, designing it is good common sense.

Chairman Shelton thought that the Board at staff session had agreed that in the overall context, if the funding were nailed down as much as possible, the Board would proceed with construction. Commissioners McDowell and Thorn disagreed. Commissioner Thorn’s recollection was that the process would be initiated, i.e. start design with no assurance to follow through into construction until or unless it is clear as far as how to fund it. Commissioner McDowell agreed that was his recollection as well, start the process.

The Board, by unanimous motion, approved Resolution #C-112-99, a Resolution of Intent to Participate in Secure Crisis Residential Center 1999 to 2001 Biennium.

Elizabeth McKay, Freeland, speaking as a private citizen of the County, addressed an application for work to be done at the intersection of Fish Road and the Highway, and mention has been made of mitigation of wetlands. Her interest and concern is the fact that those wetlands are her back yard. In trying to go through the process and look at the information provided by the State Department of Transportation to determine what was proposed, and found the material was almost unreadable. Her suggestion was there be two paragraphs in clear language specify exactly what is proposed.

Commissioner Thorn suggested that the comments, technically, should be submitted to the Planning Department.

Chairman Shelton did not know how the installation of a light at the intersection in the overall scheme of things would positively or adversely affect the wetlands. Whatever is done with the level of the land there are already established culverts that allow the flow of water to continue the same way it always has. He directed the question to Larry Kwarsick.

Larry Kwarsick, Public Works Director, presented with a recommendation of approval, Escrow Agreement for BBG Group, LLC, with Skagit State Bank, to hold contract retainage funds in escrow, County Road Project CRP 98-06, Woodland Beach Road repair.

The Board by unanimous motion approved the Escrow Agreement as presented.

Mr. Kwarsick presented a proposed ordnance to amend the Island County Growth Management Act Development Regulations Regarding Lighting to correct and oversight and error that occurred in the recent amendments to the County’s Zoning Ordinance with respect to lighting. Recent adoption of Ordinance #C-63-99 which amended in part the signing and lighting standards for non-residential uses inadvertently lighting for security in the Rural and Rural Residential zones were deleted, and intention of Ordinance #C-113-99 to reinstate that original language.

By unanimous motion, the Board scheduled a Public Hearing for October 11, 1999 @ 10:20 a.m.

Debra Little, Land Use Review, Community Development Division of Public Works, presented for the Board’s approval Final PRD Approval of Seascape at Elger Bay PRD #204/95 by Larry Richmond. Mr. Richmond was in the audience at the time the matter came before the Board.

The project was granted conditional preliminary PRD approval on June 16, 1997. On review by staff if the application for final PRD, staff determined that conditions of preliminary approval were met and recommends that the Board grant final PRD approval. Ms. Little observed that the applicant worked very hard to meet all the conditions, and there is about a 30 acre shoreline wetland being preserved through a conservation easement.

By unanimous motion the Board gave final approval of PRD #204/95 Seascape at Elger Bay.

Applicant:	Lawrence Richmond	Owner:	Ruth Richmond & Second Chance Partnership
	15210 Sunwood Blvd., South		10436 – 66th Avenue South
	Tukwila, WA 98188p		Seattle, WA 98178

Proposed Resolution #C-114-99 was presented by Mr. Kwarsick, dealing with Island County’s participation in the North Sound Connecting Communities Project and approving an Interlocal Agreement with Skagit Transit. This involves a commitment on the part of the County of $3,125.00 of matching funds from the Road Fund. This matter was discussed with the Board during prior staff sessions, and Mike Morton was present to respond to any questions. Island Transit is a member of the Connecting Communities Project and does participate in the forum. Skagit Transit is the lead agency for the project.

By unanimous motion, the Board adopted Resolution #C-114-99 in the matter of participation in the North Sound Connecting Communities Project and approved the Interlocal Agreement with Skagit Transit.

1. Participation by Island County in the North Sound Connecting Communities Project is hereby authorized.
2. The Chairman of the Board of Island County Commissioners is hereby authorized to sign an interlocal agreement with Skagit Transit to contribute a total of $3,125 toward local match for the federal funds described above, which interlocal agreement shall be substantially in the form attached as Exhibit A.
3. Other interlocal agreements relating to the North Sound Connecting Communities Project, if any, may be entered into.

Jill Wood, civil engineer, presented Change Order #1, Work Order #317, in the amount of $14,089.00, for interior electrical hook-up for the mobile located at 501 Haller Street. When this originally went to contract four months ago, only able to define the scope and cost of the exterior work that needed to be done. At that time it was not known exactly where the wall partitions would be located for example. It was foreseen a change order would be forthcoming for the interior additional work that needed to be done. Everything related so far on the mobile units purchased from the Navy are right on budget. Water, sewer and external electrical would have had to be done regardless.

The Board, by unanimous. approved Change Order #1 to W.O. #317, for the interior electrical hook-ups as presented.

The Board considered the recommendation of the Hearing Examiner, as outlined in File No. SPR 082/98 Findings of Fact, Conclusions of Law and Recommendation signed on August 16, 1999 by Matthew Elich, Island County Hearing Examiner, Pro Temp, recommending approval with conditions. The matter was continued from the 9-13-99 meeting for staff to obtain a clarification of the Hearing Examiner’s intent with regard to waiver of site plan approval; to review the record to determine whether or not waiver of final site plan review was requested by applicant.

Stacy Tucker, Associate Planner, submitted under cover memorandum dated September 17, 1999, the following information in response to the Board:

1. An e-mail from Pam Dill, Administrative Assistant, who reviewed the record of the hearing and confirmed that the applicant did not request waiver of final site plan
2. A letter from Robert R. Cole of Cole and Cole who addressed review under RCW 8.17. This letter was written in partial response to a letter addressed to David Platter from Ms. Tucker, dated 12/3/98. No other materials were present in the file which requested a waiver of final site plan.

At this time, Ms. Tucker presented for the Board and the record on this matter, an Amendment

to Findings of Fact and Conclusions of Law and Recommendation under File #SPR 082/98 from Matthew Elich, Island County Hearing Examiner Pro Tem:

1. The decision should read that the preliminary site plan approval is granted subject to the conditions recommended by the community development division of Island County Public Works.
2. Condition number 6, page 7 of the Findings and Conclusions, shall remain a condition and a Final Site Plan must be completed prior to final inspection of Phase 1 construction.

The Board, by unanimous motion, approved Preliminary SPR 082/98 as recommended by the Hearing Examiner in Findings of Fact, Conclusions of Law and Recommendation dated August 16, 1999, and Amended Findings of Fact and Conclusions of Law and Recommendation dated September 17, 1999.

T R Camano Inc. Water System (David Platter) PO Box 673 Stanwood, WA 98292

Property Owner: Lance H. & Ena T. Bond

Treasurer: Current & YTD Cash Report; County Investment Report & Status

Maxine Sauter, Island County Treasurer, discussed with the Board her financial report for the period ending August 31, 1999, submitted under cover memo dated September 8, 1999. This is the Current Expense report for August and year-to-date, and she reported that revenue seemed to be keeping up with and surpassing budget estimates, with the percent average 58.3 for 8 months. She thought interest income was doing well, noting that local rates had gone higher than predicted. Collection of prior years’ taxes has gone well as has delinquent interest. Building permits are up, and she thought Sales and Use Tax would probably exceed estimates. She had no areas of concern to bring to the Board’s attention. The Treasurer has invested some $60,188,845 of which 23,321,699 is the residual portion. Interest rates are going up and running now between 5.95 and 6% for 271 days to one year.

[Auditor ‘s Monthly Review of Revenues and Expenditures Report not available at this time]

A Public Hearing was held, as scheduled and advertised, to consider Ordinance #C-104-99 Increasing Neutered/Spayed License Fees and Boarding Fees Established by the Island County Dog Control Ordinance, Chapter 6.08, Island County Code.

Lee McFarland explained the reason for the change of the ordinance by increasing fees was to assist the shelters for Whidbey and Camano to carry out required activity. Fees have not been increased for as long as anyone can remember. The ordinance would increase the fee for boarding of dogs impounded at county animal shelters $4/day to $7/day; increase the annual dog license fee for neutered/spayed dogs from $5/year to $7/year and the senior citizen [65 or older] rate for annual dog license fee from $2/year to $4/year.

The Chairman pointed out there is an overall cost for the animal control function of the county and a portion of which is paid for by these fees. As the fees go up and are collected, the amount of other county funds required to support this function will go down. And Commissioner McDowell was aware that the cost to the County to provide the service had gone up.

No members of the public spoke either for or against the proposed ordinance.

By unanimous motion, the Board adopted Ordinance #C-104-99 in the matter of increasing neutered/spayed license fees and boarding fees established by the Island County dog Control Ordinance, chapter 6.08, ICC.

Ted Ovenell, 17396, Quincy, WA stated he owned 35 acres which he has sold to Diane Dana to use as an equestrian center. He was concerned about the 100-foot setback required from his drainage ditches which would require approximately 15 acres for a buffer. He felt the requirements for GMA compliance were very restrictive and were unconstitutional. He felt Snohomish County regulations were more relaxed than Island County regulations.

There being no further business to come before the Board at this time, the Chairman adjourned the meeting at 8:15 p.m, to meet in Regular Session on Monday, September 27, 1999, beginning at 11:30 a.m., Hearing Room, Island County Courthouse Annex, Coupeville.