The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on December 19, 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 minutes from the December 12, 2005 regular session.

By unanimous motion, the Board approved the Combined Excise Tax return for November 2005, the payroll dated December 15, 2005, and the following vouchers/warrants:

Voucher (War.) #228177-228538 …………………..$1,663,049.15

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

District Ct. 117/05 Ct. Clk. Mun & Dist. 1002.01 Replacement 1-9-06

District Ct. 118/05 Prob. Officer .75 fte 1103.01 Increase Hours 1-1-06

Treasurer 121/05 Adm. Asst. 2111.00 Increase Hours 1-1-06

Pub. Works 122/05 Solid Waste Tech I 2256.03 Replacement 1-9-06.

By unanimous motion, the Board made the following appointments:

Joan Haddle, Camano Island, appointed to the Camano Island Board of Trustees, Camano

Mosquito Abatement District refilling the position vacated by Dave Hardwick, for a term

until January 1, 2008

Mike Yonkers, Camano Island, appointed to the Board of Trustees, Camano Mosquito

Abatement District refilling the position vacated by Jay Lawrence, for a term until January 1,

2008

Ron Apgar, Oak Harbor, appointed to the Joint Administration Board (Tourism).

Staff Session Schedule for January, 2006 was approved by unanimous motion of the Board, both sessions are regular sessions. January 4 and 18, beginning at 9:00 a.m.

A Public Hearing was held at 9:55 a.m. as scheduled and advertised for the purpose of considering Ordinance #C-138-05 Revisions to Chapter 1.28 ICC to Comply with Initiative 901 Expanding Smoking Prohibitions. When the Chairman offered an opportunity for comments, no one in the audience spoke for or against Ordinance #C-138-05.

Steve Gulliford, Executive Director, Housing Authority of Island County, appeared before the Board in support of adopting Resolution #C-144-05 in the matter of Adoption of Island County 10-year Homeless Housing Plan. The Island County Homeless Task Force was created in accordance with House Bill 2163, the Homelessness Housing and Assistance Act that requires each county to develop a 10 year plan to reduce homelessness by 50%, the plan to be approved by December 31, 2005. The Task Force developed a plan now before the Board for approval. Adoption of the plan by the Board is the first step in the 10-year effort and intent is to expand the task force next year to work on actions identified in the plan and make any revisions based on input from the additional members.

By unanimous motion, the Board approved the Citizen Corp Program-CCP Interagency Grant Agreement #WCNCS 9140-04 (RM-DES-05-0146) with Snohomish County Department of Emergency Management in the amount of $6,022 as discussed at the December 14^th Staff Session, forwarded under cover memo dated December 6, 2005 from Dave Hollett, Deputy Director, Island County Department of Emergency Services.

The Board having previously awarded 2% Hotel-Motel Lodging Tax Revenues funds for 2006, now by unanimous motion, approved the following contracts for those funds:

Juvenile & Family Court Services contracts were approved by unanimous motion of the Board as follows:

Health Department contracts, forwarded by Tim McDonald, Health Services Director, were approved by unanimous motion of the Board as follows:

The following special occasion applications for liquor license were, by unanimous motion of the Board recommended for approval:

As presented and recommended by Bill Oakes, Public Works Director, the Board by unanimous motion scheduled a public hearing for January 9, 2006 at 10:15 a.m. to consider Resolution #C-145-05/R-54-05 In the Matter of Closure of a Portion of Mark Street located in Section 20, Township 32 North, Range 1 East, W.M.

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

On recommendation of Mr. Oakes, the Board by unanimous motion approved Supplemental Agreement No. 5 – #PW-0220-29(E), between Island County and Skillings Connolly, Inc. for Camano Hill Road Improvements under CRP 02-04, Work Order #176 for a time extension to May 31, 2006.

The Board by unanimous motion approved the following Construction Easements, Temporary Construction Easements associated with Monroe Landing Road CRP #02-03, Work Order 356:

Resolution #C-148-05/R-57-05 In the Matter of Amending County Drainage Project CDP 05-01(A), Work Order 168 for Utsalady Road Stormwater Drainage Outfall; Sec. 21, Twp 32N, R 3E, Camano

The Board by unanimous motion scheduled a public hearing on Resolution #C-149-05/R-58-05 In the Matter of Approving the Freeland Comprehensive Sewer Plan & Engineering Report/Facility Plan for

February 6, 2006 at 10:15 a.m.

The Board by unanimous motion approved Supplemental Agreement #4 (PW-022081) between Island County and with Tetra Tech/KCM, Inc., Freeland Planning Area – Comprehensive Sewage Plan, to reflect a completion date of December 31, 2006.

Escrow Documents (PW-0520-320) between Island County and Fire Protection District No. 3, for Lots 1 & 2, Block 1, Plat of Hawthorn Heights, were approved by unanimous motion of the Board, as presented by Bill Oakes.

As presented, the Board by unanimous motion approved Uncollectible Solid Waste Accounts Write-off Approval for 2005 in the total amount of $2,719.83 to be declared uncollectible and written off the Solid Waste books, noting the accounts will still be sent to collection agencies for hopeful collection.

By unanimous motion on recommendation of Mr. Oakes, the Board approved a contract extension (SW-10-05) with Waste Management of Skagit County for Recycle Services for Camano Island, extending the agreement through December 31, 2008.

Chairman Shelton opened a public hearing at 10:45 a.m., having been continued from public hearings held on December 12 on Whidbey Island and December 15, 2005 on Camano Island. At the hearing on Camano the public input portion of the hearing was concluded and the purpose of the continuation of the public hearing today is for the Board to deliberate and announce the decision. At the time of hearing, approximately 20 were in attendance, including general public, press and staff.

Bill Oakes presented technical corrections to Ordinance #C-136-05 exhibits:

Chairman Shelton supported the ordinance as written.

He pointed out that all across the United States conflicting uses are played out on public property and is not something unique to Island County, and probably would continue to see these conflicts arise. He believes that public property is for all uses and did not believe one allowed use should eliminate other uses; because people demonstrate they use it for hiking, biking and other things should not eliminate the fact that these areas have historically been hunted. DNR properties were available for the public to hunt prior to those properties being transferred to Island County and in his opinion should continue to be allowed. In considering many of the DNR transfers, that was a question posed by the Board of County Commissioners; if the uses were allowed before, those uses should continue to be allowed, and the Board had been very adamant in that fact. He agreed there are probably three different classes of property: the Kettles; Camano Ridge and Goss Lake; and Deer Lagoon. The Board received a letter from the attorney for the residents of Deer Lagoon indicating the County needed to do SEPA on the ordinance. While the County’s attorney for different reasons felt that SEPA was an appropriate exercise for the County to go through in relation to the ordinance for Deer Lagoon, Chairman Shelton was perfectly willing to do that.

Chairman Shelton noted that many years ago when the County’s parks were much smaller, the then Board of County Commissioners adopted an ordinance banning shooting in parks. He agreed it

made sense to not allow the discharge of firearms in places like Maxwelton Park and Dan Porter Memorial Park where there are picnic tables, ball fields, etc; However, as the County has become the owner of much larger parcels those clearly have different uses intended and did not believe hunting should be eliminated. He recognized that the Sheriff had some concerns because as local ordinances are adopted the State Department of Fish & Wildlife does not enforce the ordinances this Board adopts.

The Chair thought, especially around the area of Deer Lagoon, if this ordinance is adopted that it would be the County’s responsibility to make it clear to hunters what areas are open for hunting, and to others what areas where hunting is not allowed. He thought the ordinance clearly addressed the safety issue that many people talked about in Deer Lagoon, but believes the major issue there was noise. Noise is a State law issue that needs to be addressed with the legislature. As far as safety, the safety record for hunting in Island County is exemplary. He believed the car-deer collision rate was a much more significant safety factor in Island County than the hunting issue. It is difficult for a county commissioner or anyone else who lives in this area to know what the population of deer is doing in Island County. Management of the game resources is with the Department of Fish & Wildlife and in that regard the Department of Fish & Wildlife has instituted a Class B permit wherein a hunter can buy a license and get a hunting tag, kill a deer in Island County, and then based on a drawing system get an additional tag to kill a second deer in Island County, which tells him that the Department of Fish & Wildlife believes that the over-population of deer in this County is a significant issue. In 1988 the residents of Vashon Island petitioned the King County Council to close hunting on Vashon Island which they did; the same people have now petitioned the county to reopen hunting because they recognize that the over population of deer on Vashon Island is becoming a significant issue.

With the amount of people who are building homes, density is an issue for safety in relation to hunting. The Chairman thought that the places people should be encouraged to hunt is on public property of sufficient size to allow the safe exercise of the sport; clearly on a 5, 10 or 20 acre piece the

public safety issue becomes much more volatile. At Useless Bay the ordinance addresses hunting and that safety issue; does not address the noise issue which he believed to be an ongoing issue for the residents of Useless Bay Colony.

He agreed with his fellow commissioners that this ordinance appears to have made no one happy; yet to do nothing, which is the recommendation of the other two commissioners, he believed would further perpetuate the problem. Some of the steps taken in the proposed ordinance alleviate

some of the concerns. He committed, should the ordinance pass, to talk to the Department of Fish & Wildlife about the issue of handguns. He did not believe many people hunted with handguns in Island County but felt the range of a 44 magnum handgun similar to the range of a rifle which was outlawed years’ ago, and he believed that handguns for hunting in Island County should not be allowed.

Based upon the comments of his fellow Commissioners, Chairman Shelton moved approval of Ordinance #C-136-05 an ordinance restricting discharge and use of firearms in the vicinity of Deer Lagoon and allow hunting on Camano Ridge property, Goss Lake Woods property and a portion of the Kettles trail property.

Commissioner McDowell ask for clarification if the ordinance did not pass; would hunting continue as has been occurring. Mr. Oakes clarified that there would be no regulation in place to prevent hunting, shooting or discharge of firearms on those County parcels, with the exception of the Kettles and Greenbank farm which have trails regulation that would still govern those two properties.

Commissioner McDowell as noted before observed no compromise, no thought for compromise and was not willing to second the motion. He agreed with the Chair on the handgun issue and thought that something that probably surprised all, and believed the Commissioners should follow up on that whether the ordinance passes or not.

Commissioner Byrd was not in favor of seconding the motion.

Motion died for lack of a second. Ordinance #C-136-05 not adopted.

As noticed, the Board will meet in Special Session tomorrow as follows:

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

______________________________

Mike Shelton, Chairman

Wm. L. McDowell, Member

_____________________________

William J. Byrd, Member

ATTEST:

_______________________

Elaine Marlow

Clerk of the Board