The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on October 17, 2005 at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, 1 N. E. 6^th Street, Coupeville, Wa. Mike Shelton, Chairman, Wm. L. McDowell, Member, and William J. Byrd, Member, were present. The meeting began with the Pledge of Allegiance.

By unanimous motion, the Board approved the Combined Excise Tax Return for the period ending September 30, 2005, and the payroll dated October 14, 2005. The following vouchers/warrants were approved for payment by unanimous motion of the Board:

Voucher (War.) # 223422 - 223693 ……………………………………………$1,049,019.87.

As presented by Dick Toft, Human Resources Director, the Board by unanimous motion, approved the following personnel action authorizations:

GSA 083/05 DES HL Sec. Planner 1305.01 Extend Position to 4/30/06 10/17/05

Linda Riffe, Treasurer, submitted the Treasurer’s written financial report for the same period, showing percentages very close to target projections, and in a number of cases exceed target for revenues and in a very good financial position in some cases. Investment interest is 145%; many of those invested in previously are maturing now and have been rolled back in to other investments; interest rates are holding. State Pool is at a much healthier interest rate than previously for short term investments.

A Public Hearing was held at 9:50 a.m., as scheduled and advertised, to consider proposed Ordinance #C-108-05 Amending Chapter 3.22A ICC -- Conservation Futures Program and ICC 3.22.010, to incorporate changes made by ESHB 1631.

Terri Arnold, Assistant Director, GSA, summarized proposed changes to ICC 3.22A and ICC 3.22.010

made as a result of ESHB 1631, summarizing:

Darcy Patterson, Oak Harbor, was interested in knowing if a property were purchased through Conservation Futures Fund, what would happen if that property were then transferred outside of Parks, and the money set aside for managing the property.

Chairman Shelton responded that once purchased by Conservation Futures, the use of the property could not be diverted to a use that did not comply with the Conservation Futures program. Provisions include that up to 15% can be spent for operation and maintenance – but application will have to be made for those amounts of funds.

Carol Triplett, FOCIP, participating by video conference on Camano Island, observed one of the biggest changes would seem to be incorporating Planning into the process.

No others indicated a desire to either speak for or against Ordinance #C-108-05 and the Chairman closed the public input portion of the hearing.

By unanimous motion, as forwarded for the Board’s consideration by Tim McDonald, Health Services Director, the Board approved the following Health Department contracts:

As indicated in recent correspondence from the Health Services Director, on September 19, 2005, the Board adopted Resolution #C-106-05 declaring an emergency regarding South Whidbey School District’s water system as a first step in the application process for Imminent Threat Funds through the Community Development Block Grant Program (CDBG). That Resolution, a project summary, and other initial information were submitted to the Washington State Office of Community Development and the Health Department now given verbal approval of the project. Requirement now is to complete

Part 2 "Threshold Requirements" and include for today’s approval:

By unanimous motion, the Board approved the following Liquor License Applications, having been forwarded to the Board with the appropriate departmental recommendations of approval:

The Board of County Commissioners conducted a Public Hearing, for continued deliberation by the Board of County Commissioners following Public Hearings held on September 26 and October 6, 2005, on proposed ordinances:

Chairman Shelton commented that the Board took public input during two public hearings and closed the public input portion on the two ordinances. If the Board substantially changes the ordinances as written, the ordinances will need to be re-advertised and new hearings held. The Commissioners today are taking this opportunity to let the public know their thinking in relation to this very difficult issue. If the Board chooses to change the ordinances, the Board will instruct the Public Works Department probably at Wednesday’s Staff Session what the content of the new ordinances should be, and then schedule the new ordinances for public hearing.

Commissioner Byrd supports hunting but could not support either resolution as written because of some troublesome aspects. Some of the public comment on safety is relevant and the ordinances need

further work and some better definitions on safe distances, particularly with bird shot and also deer slugs. He believes there is a distance difference as far as how far a slug will go and how far bird shot will go, so the Board needs to have a better definition on that, and perhaps establish some safe distances. He saw a need perhaps for some education as far as the implication of federal and state laws as those impact the County. One example is the Pittman Robinson Act, a Federal law which actually benefits the Pacific Northwest area as far as fly-ways, marshes, etc. Another part is state hunting licenses and the industry in the Pacific Northwest benefits the County and some of the programs. To rule against that type activity could have a significant impact some of the things the County does.

Commissioner McDowell observed much input on both sides as to whether the parcels are under consideration should be open to hunting or not. He supported that hunting be allowed to continue for the following reasons:

1. These are areas that have a history of hunting, and are not new areas that have never been hunted on.

2. This is a sharing of public resources, for two recreational uses: biking, hiking, walking and

recreational hunters. Not to share at the same time, but a split of about 80/20 in time. Someone

walking out in the middle of hunters during the hunting season is not a good idea; but 80% of the

time it would be restricted from firearms; 20% allowed.

3. Issue of rights of a minority or the tyranny of the majority. Hunting has been a long time use. Uses

obviously are changing but should they be changed to the extent that a minority of people not have

rights any longer to continue with their recreational use?

Changes to the ordinances he proposed would include:

1. Kettle’s Trail itself. The major trail is labeled the Kettle’s Trail, a kind of perimeter trail and connects the highway and goes back to the State Park. Suggest the Board look at that as saying that will not be hunted upon with a proper safe distance so there is still access between the highway and the State Park; provides a nice walkway still and a place where bikers can still go and get between the highway and the back. It is a perimeter trail that would be easily signed so that a safe distance could be maintained for hunting.
2. Look at the period of time – potential that the ten week period for hunting might slide one direction two weeks.

Chairman Shelton acknowledged receipt of numerous e-mails from hunters saying they do not understand why the legal hunting season prescribed by the State of Washington is being shortened on public property in Island County. The other side of the issue is that because the properties have non-compatible competing uses with hunting, those folks feel their uses are more predominate, used more than hunting, and do not want their use limited in any way. Neither one of those statements necessarily applies to Deer Lagoon.

The Commissioners attempted to strike some sort of a balance between the interests of the hunters and the interests of the non-hunters and other recreational uses. Public property is exactly that; to deny some taxpayers the use of public property simply makes no sense to him.

The County received federal money to build the Kettle’s Trail; originally when the ordinance was adopted with a 150 yard setback it was for that trail and that trail alone. Later, when including some of the Kettles trails and the one at Greenbank into the County’s Trail Plan, all of a sudden the adoption of

the 150 yard setback on the Kettles trail, which he supports, now becomes 150 yard setback from all of the other trails that have been created, rendering the Kettle’s property and some others, if this is allowed to go forward, useless for hunting. Because of the setback there are no areas for hunting left. He believes it is a fair compromise to the hunters and other users of the Kettles and Camano Ridge properties to continue to allow hunting for 2-1/2 months out of the year. He agreed as Commissioner McDowell stated there may be a possibility of changing the dates somewhat. The Goss Lake Woods property was previously overlooked in these provisions and needs to be included with the same criteria that the Kettles and Camano Ridge property have. Deer Lagoon has a little different set of circumstances and involves a large recently-purchased into public ownership parcel of property with a history of both hunting and non-hunting. Not all that many years ago there was an active duck club; when the previous owner of the property passed away, his heirs provided for no-hunting in the area. The property was purchased through two federal grants; one which was equal to a little in excess of half the purchase price came through the U.S. Department of Fish & Wildlife. Those who hunt game fowl have to buy a federal duck stamp, which is a source of revenue to operate the U.S. Department of Fish and Wildlife. What the attempt was, was to create a safety zone around the area. There was some

comment about whether the safety zone was adequate or not, and he is willing to have the Board re-look at the safety zone around Deer Lagoon. The other critical issue is that state law prohibits the County from applying things like noise ordinances and so forth to hunting practices. There have been some safety concerns in terms of bird shot falling on homes and he is also willing to look at that in relation to hunting at Deer Lagoon. The Commissioners understand how passionately people feel on both sides of the issue and hope that those who are disappointed realize the Board is trying to strike a balance serving the purposes of all of the residents of Island County. The Board will be meeting with the Public Works Department in Staff Session on Wednesday and attempting to craft some of the changes suggested here this morning.

Ordinances #C-99-05 and #C-100-05 not adopted; Public Hearing Closed.

Pulled from agenda.

The Board by unanimous motion, as presented by Bill Oakes, Public Works Director, approved the following Quit Claim Deeds and Construction Easements associated with the Monroe Landing Road project, CRP 02-03, Work Order #356:

By unanimous motion as presented by Mr. Oakes, the Board approved the following Quit Claim Deeds, Construction Easements and Temporary Construction Easements associated with the Camano Hill Road project CRP 02-04, Work Order #176:

By unanimous motion, the Board approved Stormwater Mitigation Agreement #PW-0520-299 between Island County and Steve C. & Sheri M. Gray for Lot 15, Division No. 1, Plat of Bar Harbor located in Sec. 3, Twp 29N, R 2E.

At 10:30 a.m as scheduled and advertised, a public hearing was held to consider OPS 289/05 by applicants Bruce and Diane Fallon and Tom and Tami Fallon, requesting that 27.63 acres out of 29.63 acre parcel, Parcel R32906-295-3570, be transferred from Designated Forest to Timberland current use designation.

Phil Bakke, Planning Director, presented the Staff Report dated August 31, 2005, recommending conditional approval, subject to the forest management plan submitted and reviewed by Planning and Community Development.

At the time of hearing, no one in the audience expressed a desire to speak for or against said application.

By unanimous motion the Board approved OPS 289/05 by Bruce and Diane Fallon and Tom and Tami Fallon, transferring 27.63 acres out of 29.63 acre parcel, Parcel R32906-295-3570, from Designated Forest to Timberland current use designation, as recommended by Island County Planning and Community Development.

Following the previous hearing, as scheduled and advertised, the Board conducted a Public Hearing to consider the correction to OPS 251/05, Pavey Agreement, approved and signed by the Board on September 12, 2005.

Mr. Bakke presented a letter dated September 21, 2005, from John Coleman, Assistant Planner, explaining the correction to the Pavey Agreement with respect to Parcel R22915-242-4070, a 1-acre parcel, having been inadvertently included in the original application by the Manager of the Pavey Family LLC. The first agreement included three parcels, and has not yet been recorded and will be disregarded and not signed by the applicants. The new agreement before the Board now includes only the two parcels, both of which were included in the previous agreement consisting of 39 acres of land, located south of Freeland off Fish Road.

At the time of public hearing no one in the audience spoke either for or against said correction to OPS 251/05.

By unanimous motion, the Board approved correction to OPS 251/05, Pavey Agreement, approved and signed by the Board on September 12, 2005, as presented by the Planning Director.

As scheduled and advertised, following the two prior hearings, the Board conducted a public hearing to consider Resolution #C-110-05 (PLG-019-05) In the Matter of a Technical Correction to Rezone Parcel R23330-121-3200 from Commercial Agriculture to Rural Agriculture and correct the Zoning Atlas. The Applicant is Christine Goodwin, North Whidbey. Parcel R23330-121-3200 was inadvertently zoned Commercial Agriculture. The parcel meets the designation criteria for the Rural Agriculture Zone.

Mr. Bakke presented the Resolution as a technical correction to rezone parcel R23330-121-3200 from Commercial AG to Rural AG. He noted that ICC 17.03 prescribes standards, as well as the Comprehensive Plan, that list requirements for property to be placed Commercial AG zoning designation, as well as the process for which that designation may be reevaluated. The paramount requirement of the Commercial AG zone is that the property contain prime AG soils. A certified soil scientist performed an evaluation and found in this case that while the property is made up of Whidbey gravely sandy loam and Coveland loam which are prime AG farmland soils for Island County, the property in this case is saturated to a point where these soils are not considered prime AG soils. Planning staff agree with the conclusion of the soil scientist finding that the property does not have prime AG soils and recommends Board approval of the Resolution as presented.

At the time of hearing, no one indicated a desire to speak either for or against Resolution #C-110-05.

Budget workshop times are approximate and may be adjusted. Proposed budget and supplemental requests are taken under advisement by the Board; no final decisions expected as a result of budget workshops. Hand-outs are on file with the Clerk of the Board.

Superior Court Budget workbook pages 202-207; narrative page 206-207

Presentation by: Sherry Cameron, Court Administrator

Court Proceedings as of August 2005

Cases Filed 2004

Year to Date filings as of August 2005

Jury Trials 2004

Jury Trials 2005 to September

Hand-outs demonstrate how busy the Court has been.

Superior Court consistently looks for ways to save money; are hiring pro-tems when a Judge is not available to hear the law and motion calendar, saving approximately $4,000 per year; recording the law and motion calendars when a court reporter is not available saving approximately $2,000 per year.

2006 Budget Request:

Budget narrative

• Court Facilitator Program, an increase of $856 [sufficient dedicated revenue funds are

Received to support that increase]

• Jury supplies and maintenance. An increase of $1,000

• Travel for Superior Court. An increase of $500 [the same amount requested of San Juan County for the 2006 budget]

Presentation By: Rebecca George, Law Librarian

No increases proposed. Chairman Shelton noted that the County would receive some revenue increase as a result of the new law passed during the last Legislative session [approximately $200 a month].

Facilities/Maintenance Budget Workbook pages 118-123

Presentation by: Dan Sherk

Hand-Out: Courthouse Building Heating Costs for Annex and Jail; Administration Building and Law & Justice Center

Moderate increase requested in supplies based on notices of increases from the vendors; most supplies are going up 5-11%. Heating fuel price increase from 1/21/05 of $1.53/gal to $2.78/gal last week. Using a little more fuel this year than last year for some reason. Hope to be able to piggyback on a State contract [out to bid now] and see the price go down. The Juvenile Detention Center will be on line, but those costs will come from the JDC fund and not Current Expense. The hot water tanks are all electric; PSE anticipates a 3-5% increase this year.

Supplemental Requests:

Jail fire suppression system may be an issue that will come up somewhere down the road, a potential major upgrade of the fire suppression system in the Jail to meet past code let alone current code; will keep the Board advised.

Budget Director at the next Budget workshop to present for Board discussion and review a list of supplemental budget requests for 2006.

ISLAND COUNTY, WASHINGTON

______________________________

Mike Shelton, Chairman

Wm. L. McDowell, Member

William J. Byrd, Member

ATTEST:

_______________________

Elaine Marlow

Clerk of the Board