By unanimous motion, the Board approved two contracts on behalf of the Island County Health Department:

A Public Hearing, as scheduled and advertised, was held for the purpose of considering adoption of the Island County Budget, the public hearing specifically addressing four proposed resolutions:

• Resolution C-87 -02 Fixing and Adopting the Final Budgets for Island County Current Expense Fund, Special Revenue Funds, and Diking District #4 Fund for Fiscal Year 2003

The Budget Director’s prior memo outlined some of the changes made since the last budget workshop was held, and Ms. Marlow elaborated on some of the more major changes:

• Assessor’s Office narrowed down the banked levy capacity to a final number

Joyce Kasperson, Commissioners Administrative Assistant, Camano Annex, read a prepared memorandum into the record [complete copy on file] asking for consideration of the following before adopting the budget:

• Impact of elimination of DOL at the Camano Annex which would directly affect,

Greg Banks, Prosecuting Attorney, read from a prepared text of comments at public hearing on adoption of 2003 budget [full copy on file]. He mentioned that he had already advised the Board of the impacts of cutting 1 of 6 criminal deputy prosecutors. He is willing to do everything he can to emphasize the prosecution of the most violent crimes and DUIs, with reduced staff, and expected County departments would feel the first impacts of reduced staff, as he will assign portions of a criminal caseload to the civil deputy. He was aware that over the last four months the County came into a "windfall" of over $113,000, money that went uncollected because reports were not filed timely, some $27,000 were checks issued as reimbursement and forfeiture sharing to the Sheriff’s Office; and about $9,000 of uncashed checks will never be recovered because of the statute of limitations expired. Mr. Banks clarified that he bore no ill will toward the Sheriff, administrative staff or deputies in the field and was making no criticism of the high quality police work done by the Sheriff’s deputies.

Given the size of the hole in the County’s budget, $113,000 is a significant amount and the Board should plug it into the priorities as established and account to the public how it will be used to further the County’s mission. He thought that there was good argument to be made that the Prosecutor’s Office should not be required to eliminate a position. If public safety is the top priority, the Board must acknowledge that each criminal deputy prosecutor supports around 12 law enforcement officers, and the Prosecutor does not carry unfilled positions that can be eliminated without seriously compromising ability to do the job.

Mike Hawley, Sheriff, responded to indicate that he had spoken with the Board about the matter, and met with the Press months’ ago and explained everything. If there is a problem, he thought it was with the way the County is financed, and it seems the County is constantly on the verge of bankruptcy. His Office has so few clerical staff, and for the sake of public safety and law enforcement, he has taken all his people and put them on the street to answer calls. In 1990 the Department handled 9,000 E-911 calls, and this year approximately 30,000.

Tom Baenen, Island County Assessor, commented to clarify an article in the newspaper something in the paper: as a result of the action the Board is taking, the actual increase to a taxpayer this year will be instead of 77 7 cents to the general fund, will be 84.1 cents [other counties on average is about $1.23]. It is not the big increase one might believe from reading the article; it is 5% in dollars but 6 cents in the tax rate per $1,000: from 77.7 cents to 84.1 cents which will be the actual increase to the taxpayer.

Commissioner Thorn endorsed Ms. Kasperson’s comments entirely, and believed her alternative made sense, one that would allow the DOL function to stay at the Camano Annex, as he stated previously on several occasions. Regarding the comments about an over "$113,000 windfall" and the potential use thereof, he reminded that a year ago the County had to use $737,000 from reserves; with that figure now at $500,000 or less, which for an 18 million dollar budget is not sufficient nor appropriate by any rational management judgment, and needs to be rebuilt if there is any "windfall". He did believe that it was a complete misrepresentation to characterize the County as being virtually bankrupt.

Commissioner McDowell emphasized the fact that the County was not on the verge of

Bankruptcy. Yes, some cuts had to be made which will be realized through department reductions and less service provided.

Chairman Shelton recalled that it was during one of the initial budget workshops that resulted in one reason the Board considered cutting the licensing aspect at Camano Annex, which was that Ms. Kasperson had commented that a significant portion of her time and staff time was used for the sale of license tabs. Even if Camano Annex retained a portion of the $3.00 the County receives in revenue for performing the license service, it would really be taking money out of the same pot, Current Expense. He recognized that people of Camano Island find it very convenient to purchase tabs at the Camano Annex, but also recognized the possibility of eliminating $40,000 from the Current Expense budget. Eliminating licensing at Camano Annex results in asking Camano Islanders to do the same thing people on South Whidbey have done for 30 years: go to a subcontractor on South Whidbey to purchase license tabs, travel to Coupeville to purchase the tabs, or mail in for the price of a stamp. The same is true for folks on North Whidbey who can go to a licensing subagent to purchase tabs, drive to Coupeville, or mail in.

When the issue of reports not having been filed in a timely manner was brought to the attention of the Board, it was not as if the Board did nothing. There was conversation with the Sheriff and Chief Civil Deputy, and the Board was assured that this issue would be corrected.

He pointed out that the County, through other funds [i.e. Road Fund, Planning & Community Development fees, etc.] was financing a civil deputy, and down the line important for auditing in the future.

Commissioner Thorn moved that the Board approve Resolution #C-87-02 in the matter of Fixing and Adopting the Final Budgets for Island County Current Expense Fund, Special Revenue Funds, and Diking District #4 Fund for Fiscal Year 2003. Motion was seconded by Commissioner McDowell.

Under discussion, Commissioner Thorn indicated that while he supported the budget, he was very offended that the Board could not support Camano Island better.

To the contrary, Commissioner McDowell believed the Board did support Camano. Camano Islanders will be able to purchase tabs through a subagent, the same alternatives as citizens of North Whidbey and South Whidbey have. If the $40,000 were available, his priority probably would be to fund a deputy prosecutor rather than restoring the DOL function to the Annex.

Commissioner Thorn reminded that there had been a budget-neutral proposal presented previously, which was to close the Annex on Fridays and retain the DOL licensing function. Commissioner McDowell disagreed with that, feeling it important to keep the Annex open five days’ a week.

Chairman Shelton observed that long before he became a County Commissioner, the Board recognized that because of the remoteness from the Courthouse, services should be provided on Camano Island so that people would not have to drive all the way to Coupeville to conduct County business. If the County had not experienced the budget shortfall he would not have recommended moving the DOL function from the Annex. However, he thought it unfair to say Camano Islanders are being short-changed when in fact they have an Annex provided on Camano Island.

Motion, as made and seconded, carried unanimously adopting Resolution #C-87-02.

By unanimous motion, the Board adopted Resolution #C- 88 -02 Increasing the Taxing District’s Prior Year’s Levy Amount for Collection in Fiscal Year 2003 for the County Current Expense Levy.

By unanimous motion, the Board adopted Resolution #C- 89 -02 Increasing the Taxing District’s Prior Year’s Levy Amount for Collection in Fiscal Year 2003 for the County Roads Levy.

By unanimous motion, the Board adopted Resolution #C- 90 -02 Increasing the Taxing District’s Prior Year’s Levy Amount for Collection in Fiscal Year 2003 for the County Conservation Futures Levy.

THE FINAL BUDGETS FOR ISLAND COUNTY	)	RESOLUTION C- 87-02
CURRENT EXPENSE FUND, SPECIAL REVENUE	)
FUNDS, AND DIKING DISTRICT #4 FUND FOR	)
FISCAL YEAR 2003	)

Elaine Marlow, Clerk of the Board

William F. Thorn, Member

A Public Hearing was held at 10:20 a.m. as advertised for the purpose of considering a petition to open previously unopened County right-of-way, that portion known as Jacobs Road, located on Central Whidbey, in Section 2, Township 31N, Range 3E, petitioned by Kirsty Lowery. Bill Oakes, Public Works Director, reported in favor of the petition as submitted, subject to the conditions contained in Attachment "A" signed by the Coupeville Road Shop Supervisor and County Engineer.

Marilyn Bailey, adjacent landowner, read a letter from her son who is an adjacent land owner, completely supporting Kirsty Lowery’s petition to open a portion of unopened county right-of-way, and noting that the right of way should be returned to its original condition by Cecil Stuurmans as recommended by the County Engineer. She pointed out that 40’ of this property was conveyed to Island County for road purposes only. Mrs. Bailey and her husband are also adjacent landowners and fully support her son’s letter and Ms. Lowery’s request to open the unopened right-of-way.

Kirsty Lowery, Petitioner, spoke in support of her petition, and explained the necessity in order for her to gain access to her property.

By unanimous motion, the Board approved the Petition to open previously unopened County right-of-way, that portion known as Jacobs Road, Central Whidbey, located in Section 2, Township 31N, Range 3E by Kirsty Lowery.

A Public Hearing was held at 10:30 a.m. as advertised for the purpose of considering a petition to open previously unopened County right-of-way, a portion known as Old County Road located in Section 20, Township 30N., Range 2E, Greenbank, petitioned by Stuart Young. Mr. Oakes reported the Department’s favorable recommendation, again subject to conditions outlined in Attachment A signed by the Coupeville Road Shop Supervisor and County Engineer.

Darrell Dyer, owner of property abutting the petitioned property, and speaking also for his son who owns the piece on the opposite side of proposed opening, had no opposition to the proposal, in fact, since Old County Road meanders they would welcome a re-survey by the County to realign that meandering Old County Road.

Karl Rein-Weston, owner of the property adjacent to the Dyers and abutting the proposed opening, spoke against the petition, wanting to keep the road primitive and not open it up to more highway-kind of traffic. He thought the petitioner had other options that might be easier for access his property, i.e. from Plantation Drive.

Brian Bird, Plantation Drive, Greenbank, had no objection to opening the portion of Old County Road as requested, which he thought made more sense than running it through Plantation Ridge. Considering a portion goes through a wetland, he submitted his suggestion highlighted in yellow on a two page map of N.E. ¼, Sec. 20, Twp 30N, R 2E, W.M. [copy on file with the County Engineer and Clerk of the Board], Since there is an interest in straightening out the road he suggested a meeting, noting there are two survey records which need to be ironed out.

Chairman Shelton indicated with regard to the concern for retaining the road in a primitive nature, the road would have to be built to some standard as specified by the County Engineer. Recognizing there seem to be some issues around a survey, those issues need to be worked out by the applicant, County and others. When there is an unopened County right-of-way petitioned for opening, he did not believe the Board had ever refused to allow a property owner to open it for access to property.

By unanimous motion, the Board approved the petition to open previously unopened County right-of-way, a portion known as Old County Road located in Section 20, Township 30N., Range 2E, Greenbank, by Petitioner, Stuart Young, with conditions as stated by the County Engineer and Coupeville Road Shop Supervisor..

By unanimous motion, the Board approved Amendment 8 to Standard Form of Agreement entered into on 2/23/98, #PW0220-91 with Bryan G. Young, P.C., Architects and Planners; Professional Services for Island County Courthouse Expansion and Improvement Project. This amends compensation according to the CPI Seattle index; increases hourly billing rates per 2001/2002 annual adjustment; increases to A./E associated project cost allowance for specific items; and adds modified fee worksheet.

Chairman Shelton announced that the Board would meet in Executive Session at 11:00 a.m. to discuss two issues with legal counsel concerning pending litigation, as allowed under R.C.W. 42.30.110 (1) (i). He anticipated that the executive session would last approximately 15 to 20 minutes, and noted there was a possibility that the Board would return to open public session to take action.

The Board reconvened in open public session on completion of the Executive Session to take the following action. By unanimous motion, the Board adopted Resolution #C-109-02 in the matter of awarding the bid for the Courthouse Annex Remodel project and rescinding Resolution C-105-02.