The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on September 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.

The Board also, by unanimous motion, approved the Combined Sales & Use Tax return covering the period August 1-31, 2005, in the amount of $17,296.64.

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

Suzanne Sinclair, Island County Auditor, submitted the Auditor’s written financial report for the period specified. Notes of interest:

Linda Riffe, Treasurer, summarized from her written financial report/statement of cash operations, Revenue/Current Expense, for the same time period, with explanatory comments:

Line 10 Autopsy reimbursement received from the State

Line 13 WSU Extension received monies from four grants

Line 14 Homeland Security Grant funds received

Line 25 Investment Service Fees increased

Line 26 Real Estate Excise Tax Administration Fees increased due to new fee rate

Line 31 Payment in Lieu of Taxes received

Line 40 Franchise Tax increased due to expansion of Comcast

Investment interest continues to rise as reflected in the increase of $417,361 over last year.

By unanimous motion, the Board reappointed Linda Kast, Langley, serve a full three-year term as a member of the Conservation Futures Citizens Advisory Board (CAB) for a term until September 30, 2008.

The Board approved by unanimous motion two FY2006 contracts with the Washington State Military Department for Enhanced 911 as follows:

Intergovernmental Cooperative Purchase Agreement with Lewis County (RM- CS-05-0098) was approved by unanimous motion of the Board, as recommended by Cathy Caryl, Director, Central Services.

The Board by unanimous motion granted approval for the Health Department’s submittal of a Community Development Block Grant Imminent Threat Grant Application for the South Whidbey Public Schools Water System, and approved Certification of Island County Chief Administrative Official. The grant application requests funding a six month supply of bottled water for the 2005-2006 school year, giving the school ample time to seek and secure funding for the repair of their water system and design and construct permanent needed repairs to their school district water supply.

By unanimous motion, the Board approved the following health contracts:

Having received recommendations of approval from the appropriate County Departments, the Board by unanimous motion approved Special Occasion Liquor License #092151 by Camano Island Yacht Club for event to be held October 17, 2005 from 5:30 p.m. to 9:00 p.m. , 129 N. Sunset Drive, Camano Island.

W. B. Bierbower, Silver Lake Road, Oak Harbor, discussed the County Engineer’s off-site road requirements on Carnation Lane associated with his Short Plat 127/04. It took six months to get clarifications regarding the Engineer’s requirements. Basing oversight only on property that has not been previously divided he thought just plain stupid. Six months has passed; explanations have changed and still defy logic. He was interested to know how a developer could go in and make a road

three quarters of a mile long in 1998 with no Engineer’s oversight. Just based on when something was platted or how the land was divided makes no sense. He did not see how the County could place costs to upgrade private roads on whoever comes in at the last minute; the Code is bad and should be changed.

Commissioner McDowell stated that the requirements in County Code in this case are clearly based on

developing new lots, not building a new house. County staff reviewed Mr. Bierbower’s original request and based on Mr. Bierbower’s concerns took into account that other existing lots never built on before

were using that road, and that review resulted in being able to come up with a couple places with adequate sight distance at which he could have a turn-out; that complies with the Code as a minimum amount acceptable. Mr. Bierbower has had responses. The decision changed, both within the confines of the Code and in response to his concerns.

Commissioner Byrd knew that the existing parcels down the road were platted much earlier. The additional road requirements placed on Mr. Bierbower were triggered by his short plat.

Chairman Shelton addressed the fact that if Mr. Bierbower had gone back and obtained the neighbors cooperation to bring the road up to standards, that would have certainly been acceptable for his short plat.

As presented by Bill Oakes, Public Works Director, the Board by unanimous motion, approved the following Temporary Construction Easements and Quit Claim Deeds associated with Camano Hill Road Improvements under CRP 02-04, Work Order 176:

By unanimous motion, the Board approved two Adopt-A-Road Litter Control Program agreement renewals as follows:

As presented and recommended for approval by Mr. Oakes, the Board by unanimous motion approved Stormwater Mitigation and Covenants #PW-0520-298 between Island County and Doug & Carol Avery, Lot 10, Block 1, Division No. 5, Plat of Holmes Harbor Golf & Yacht Club, Sec. 3, Twp 29N, R 2E.

A Public Hearing was held at 10:30 a.m. as advertised to consider OPS 262/05 by Applicants, J. Timothy & Dell McGlinchy and Michael & Linda Hilley, requesting that 38.39 acres of 40.92 acres on parcels R23226-472-4650 and R23226-372-5130 located on Camano Island, be enrolled into the Timber Land current use program.

Phil Bakke, Director, Planning & Community Development, summarized from Island County Planning Department Staff Report, Proposal, Findings, Analysis, Conclusions and Recommendation dated August 12, 2005, recommending conditional approval [conditions on page 7 and 8]. He noted that 36.14 acres are in the Designated Forest (DF) Program; the remaining 2.25 acres not in the DF program. An associated BLA (023/05) ZAA (215/05) and land exchange are contingent on approval of the enrollment of the property into the Open Timber Tax program.

At the time of hearing when the Chairman offered an opportunity for public comments, no one in the audience spoke either for or against approval of OPS 262/05.

By unanimous motion, the Board approved OPS 262/05 by Applicants, J. Timothy & Dell McGlinchy and Michael & Linda Hilley for 38.39 acres of 40.92 acres on parcels R23226-472-4650 and R23226-372-5130 located on Camano Island enrolled into the Timber Land current use program, as recommended.

Mr. Bakke presented to the Board with a recommendation of approval, Ordinance #C-107 -05 In the matter of Declaration of a Nuisance and Enforcement of the Zoning Code against Maria C. Kiefer, pursuant to RCW 36.32.120(10). The property located at 2775 N. Benton Place, Oak Harbor, is subject to an on-going violation case, two enforcement orders along with multiple letters requesting compliance over the past several years, to no avail. The property continues to be in a state of violation and is the subject of neighborhood and citizen complaints on an on-going basis. The hope is that this Ordinance will cause this issue to come to a head and get something positive done. Civil remedies have been exhausted and regrettably it is recommended that the Board adopt the ordinance as presented which will authorize the Prosecutor’s Office to bring legal action to pursue abating the nuisance.

By unanimous motion the Board approved Ordinance #C-107 -05 In the matter of Declaration of a Nuisance and Enforcement of the Zoning Code against Maria C. Kiefer as presented.

Budget Workshop began as scheduled at 11:00 a.m. 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.

WSU EXTENSION SERVICES/WEED CONTROL [Budget Workbook page 255-256]

Presentation by: Don Meehan; Janet Hall

There are some 27 or 28 different revenue sources for WSU programs. Proposed this year with the help of the Budget Director is to set up a special fund for Extension (Fund #160), a simplified approach to make it easier to keep track of, more understandable and allows flexibility. Continue to be frustrated at not having adequate funds to support Extension programs and infrastructure needed. They do all they can to provide fund-raising on the side to supplement programs. Of note, when programs receive money from a private level, it means they really value those services as a community and the County should step up to the plate and do its part as well. The Camano program has grown immensely and they would like to see that continue, but are hard pressed to keep up. Extension has a small capital budget request to improve technology.

Weed Control continues to have a very active successful program. Noxious Weed Control Coordinator

is fully funded to half-time in the 2006 proposed budget [lines 7 and 8 on page 256 are duplicate; delete one of those lines showing the Coordinator] .

Total request for Extension Services from Current Expense: $182,985

HUMAN RESOURCES (Budget Workbook page 98-102]

Presentation by: Dick Toft

Budget proposal generally the same as last year. Does request $600 for purchase of color printer estimated to cost around $600. Other requests:

ATTEST:

_______________________

Elaine Marlow, Clerk of the Board