The Board of Island County Commissioners convened in Regular Session at 11:00 a.m. on July 25, 2005 for a roundtable with Elected Officials and Appointed Department Heads, held in the Board of County Commissioners Hearing Room (Room #102B), Island County Annex, 1 NE 6^th Street, Coupeville, Wa. Other topics for the regular session followed at 1:30 p.m. as outlined on the agenda. Mike Shelton, Chairman, Wm. L. McDowell, Member, and William J. Byrd, Member, attended.

Elected Officials and Appointed Department Heads Attending:

Tom Baenen Phil Bakke Greg Banks Bill Byrd Sharon Franzen

Mike Hawley Betty Kemp Elaine Marlow Tim McDonald Wm. L. McDowell

Linda Riffe Mike Shelton Dan Sherk Suzanne Sinclair

Elected Officials and Appointed Department Heads received a Memorandum dated June 2, 2005 from the Board with regard to the policy on bottled water for County guests and employees.

Chairman Shelton recalled that the issue had been discussed briefly at a prior meeting about going to a per diem kind of reimbursement rather current reimbursement process, and concern seems to stem from the fact that a per diem method would cost the County additional dollars. However, Ms. Sinclair pointed out that would depend. Part of the conversation about this issue is also the time departments spend now putting together the reimbursement reports /vouchers, and how much that costs putting those together. Rather than a bigger expense, perhaps it is more of a shifting from one line to another.

Follow-on: worthy of some future continued discussion when all players are available.

Assessor. Picking up new construction information; have most completed on Camano and North Whidbey, now in the City of Oak Harbor. Plan to mail re-val notices between September 15 and October 1. Investment property exchanges fueled by #1031 to save capital gains tax: overall out of the residential investment type exchanges that occur on the West Coast, 23% occur in Washington and 25% occur in Oregon. It is an outside influence affecting the market; the field of assessment is getting more involved in economics.

Auditor. Obtaining a new voter registration system and vote tabulation system – will see that in use beginning 2006. Recording fees are going up, which she opposed but the Legislature passed. For the first page of a document to be recorded, more than half of the fee goes to support affordable housing and ending homelessness in Washington.

Commissioners. Chairman Shelton commented that the Commissioners recently met with

Representative Larsen, Mayor Cohen and Naval officials, including Vice Adm. Zortman about the decision to locate the F/A-18F plane at NAS Whidbey to replace the EA-6B Prowler. One of the things that Commissioner McDowell and Mayor Cohen have consistently done, which is now paying huge dividends in relation to the preservation of NAS Whidbey, is an annual trip back to Washington D.C. to speak to Navy brass. It came forward loud and clear at the meeting just how important it had been in making the Navy aware of the support NAS Whidbey has from not only the City of Oak Harbor but from Island County as well.

Commissioner McDowell noted there had been a lot of talk for the last four years about the replacement for the EA-6B, a real concern locally. The community for some time tried to make sure the Pentagon understood what they had here with NAS Whidbey and its unencroached air space. Admiral Zortman was here Monday to make the official announcement to the local paper and leadership about the F/A-18F plane, and clearly he said the reason Whidbey was chosen was because (1) lack of encroachment; and (2) mission. Next the P-3 is on its way out and that will be a 737 replacement and the question is where will that base be on the East Coast; hopefully, it will end up being here and that is the next effort. Important to note that there are 10,000 jobs associated with NAS Whidbey [compare that to 800 jobs associated with all the refineries in Anacortes]. A study done by the State shows that 88% of all economic activity in the County is a result of the Base being here, and the North Whidbey school district is made up of 60% military students.

County Clerk. Effective today filing fees went up in the Clerk’s Office, representing an increase in some fees already being collected at the County level, as well as new filing fees.

Prosecuting Attorney. Seems to be a rash of serious crimes pending: 3 or 4 serious rape cases and a couple of murder cases pending – different than the usual array of cases. Public records training last week went well and seemed fairly well received by those attending.

Sheriff. New successful program in the jail: knitting, using balsam wood needles. All the products are donated to CADA.

Treasurer. Real estate excise tax fees have gone up from $2 to $15.

Other topics for the Regular Board session followed at 1:30 p.m. as outlined on the agenda, along with Diking Improvement District #4. This portion of the meeting opened with the Pledge of Allegiance. By unanimous motion, the Board approved the Special Session and Regular Session Minutes from July 18, 2005.

The following vouchers/warrants were approved for payment by unanimous motion of the Board:

Warrants # 218377-218618 …………………………………$354,072.42.

Terry Cheuvront, Assistant Director, Human Resources, presented the following personnel action

authorizations, approved by unanimous motion of the Board:

Planning 063/05 Asst. Director 1715.00 Personnel Action 7/25/05

By unanimous motion, the Board approved Agreement [RM-EXT-05-0080] between Island County and Steve Wirth, Wildlands Management, Burlington, relating to eradication of Spartina, a contract period of July 1, 2005 - June 30, 2007, in the amount of $93,000.

The Board by unanimous motion approved Agreement [RM-EXT-05-0066] between Island County and the Lighthouse Environmental Programs for the Community Litter Cleanup Program for a contract period of July 1, 2005 – June 30, 2007, in the amount of $59,000.

By unanimous motion, the Board approved Services Agreement Amendment #2 (2004 to 2005) between Island County, through its Marine Resources Committee, and Gary Wood, dba Intertidal Consulting.

By unanimous motion, the Board reappointed Grant Lawrence, Camano Island, to another term as a member of the Board of Trustees for the Camano Island Mosquito Abatement District for a two year term ending January 1, 2007.

The Board by unanimous motion approved the August Staff Session schedule, outlining regular staff sessions to be held on August 3 and August 17, beginning at 9:00 a.m., held in the Annex Building, 1 NE 6^th Street, Coupeville, WA.

Suzanne Sinclair, Island County Auditor, presented to the Board her recommendation for award of bid for a Voter Tabulation System to Hart InterCivic in the amount of $276,659.12. The County issued a request for proposals June 9 for a new vote tabulation system, and received two proposals: one from Election Systems & Software and one from Hart InterCivic. Auditor and staff examined both proposals

in detail, considering a variety of factors including workflow process, ease of use, reliability, other experience in Washington, price and technical specifications. Hart InterCivic uses a SQL database which is preferred by the Central Services Department.

By unanimous motion, the Board awarded bid as recommended to Hart InterCivic in the amount of $276,659.12.

Contract #E03-319 with Snohomish County Department of Emergency Management to extend the completion date for the Department of Homeland Security FFY2003 Grant, with new completion date August 31, 2005 (RM-DES-05-0068) was approved by unanimous motion of the Board.

The Board, by unanimous motion, approved the following liquor license applications:

• Special Occasion Liquor License #091651 by Orca Network to be held at the San de Fuca Schoolhouse August 8, 2005 from 5:00 p.m. to 8:30 p.m. subject to an approved Temporary Use Permit from Island

County Planning & Community Development Department, signed by Health, Sheriff and Engineering

[Section 17.03.060 Rural Zone and 17.03.180.V Temporary Uses]

The audience at the time of Public Input scheduled at 2:00 p.m. consisted of Approximately 20+, the majority attending with regard to an issue surrounding Rhododendron Park.

Terri Arnold, apologized to the Commissioners commenting that the issue came about as a result of her action, a matter of the "cart before the horse". It began with her concerns about the area between the campground and the ball fields, and why a lot of the understory was being lost, and wanted to explore at the same time, the possibility of providing a couple soccer fields to help carry the burden between the various athletic uses. She recognizes that 20 acres was a huge amount of land to clear and as of today pulled the permit, and will "fall back and regroup", and come back to the Commissioners with a more concise and better-informed plan.

Marian Attwood, Coupeville, commented that residents worked for years to get 160 acres of Rhododendron Park given to Island County via the land transfer program through DNR and felt such a proposal could put future land transfers in jeopardy. Rhododendron Park is a rare patch of low elevation ancient forest, with 80 acres of old growth trees up to 350 years old and spectacular native Rhododendrons over 10’ tall. Ecologists consider it a globally threatened G2 plant community and contains habitat for endangered Marbled Merlet. The State Natural Heritage program ranks this forest as high quality terrestrial ecosystem. She encouraged that Parks work with other groups, such as the Coupeville School District who is involved in building a large recreational facility, in order not to avoid cutting 20 acres for ball fields.

Gary Piazzon, Coupeville, reiterated Ms. Attwood’s comments and complimented Ms. Arnold for reconsidering the wisdom of the proposal.

Diane Piazzon, Coupeville, suggested Rhododendron Park was too precious to fool with, having old growth forest and rhododendrons, while athletic fields probably best located in fields.

Marianne Edain, WEAN, Langley, was pleased Ms. Arnold chose to reconsider. She saw an opportunity for serious research using expertise at the Washington Natural Heritage Program and others in the field of ecological restoration to look at Rhododendron Park, as well as other sites on the Island to characterize them in the field and prescribe long term maintenance and management programs.

Steve Erickson, WEAN, believed this illustrated the need for comprehensive planning for developed recreation in Island County, coordinated with all of the various other agencies. Further, it illustrates the

need for comprehensive planning as far as what will happen to the trust lands that Island County has acquired. It is necessary to recognize and conserve the preeminent factors that make those properties desirable and a determination made whether they should be used for development or not.

Kristi O’Donell, Greenbank, Executive Director, Meerkerk Rhododendron Gardens, was happy about the withdrawal of the permit, and volunteered to be a part of a team from a professional standpoint. She drove through the Park today and saw a need for some restorative and horticulture. This could become a model of sustainable forestry, an educational opportunity. With the expansion going on in Coupeville, and with great facilities already in the County at Fort Casey and South Whidbey Parks, she suggested there were ample sports fields. She shared a few pertinent points from the Island County Comprehensive Plan, Parks Plan:

1. The availability of Parks and open spaces enhances our quality of life, etc.
2. Parks and open spaces can help to preserve our heritage.
3. Parks and open spaces make economic sense.

Val Jones, Coupeville, thought there may be a need for more fields, but not anything that would rival 20 acres. She had deep concern that a such a decision could be made with regard to a clear cut of County land, and agreed with others who believe it needs to be a decision that is made by not just one person or the Parks Department.

Captain Kelly Sweeney, Greenbank, suggested that during the planning stage there be some consideration for a trail system. He agreed there are a lot of ball fields already and did not know how

many more were needed, but if a ball field goes forward, he hoped that solicitations would be made to local businesses, such as was accomplished at the South end with the park there. In the future he hoped there was a plan for public comment, with experts who know something about forestry.

Cheryl Bradkin, Coupeville, is a member of Whidbey Audubon and participates in the Christmas bird count every year with her area of responsibility including Rhododendron Park. The park is shelter and food for more than just people; it is a very rich bird resource also.

Ed Youdarian, Coupeville, expressed concern about a plan to take the trees out of Rhododendron Park. When something is logged off it will be an eyesore from now on and asked that the County not ruin something that has been there a lifetime.

Chairman Shelton clarified for all present that the Board of County Commissioners did not authorize the application for the cutting permit; the Board recognizes the importance of Rhododendron Park to everyone and no action would be taken in a vacuum.

W. B. Bierbower, Silver Lake Road, Oak Harbor, asked for a response to his mail, and handed a copy of his June 13, 2005 correspondence to the Commissioners with regard to Short Plat SHP 127/04 Engineer’s requirements.

As presented with a recommendation of approval by Dick Snyder, Island County Engineer, the Board by unanimous motion approved Real Property Voucher to Irving D. Smith, Jr. per Real Property Acquisition & Right-of-Way Procedures (C-46-03/R-16-03) in the amount of $17,525.20, Bayview Road Project CRP 98-17, Work Order 229.

Based on the recommendation of Mr. Snyder, the Board by unanimous motion approved Declaration of Trust/Bond in the amount of $25,000 between Island County and Mike Hayes (Camwood Construction, Inc.) to bond for maintenance and roadway Improvements related to the extension of Bartl Drive [PLP 119/03 Plat of Elger Glen] located in Sec. 30, Twp 31N., R 3E.

Agreement for Reimbursement #PW-0520-280 between Island County and Rolling Hills-Glencairn Community Service, Inc., for elimination of flooding on Riepma Avenue, was approved by unanimous motion of the Board as presented and recommended for approval by Gwenn Maxfield, Assistant Public Works Director.

On conclusion of the Closed Record Appeal held on July 11, 2005, Appeal 195/05 - Victor Hanzeli, Appellant, according to the Closed Record Procedures, this date and time was scheduled for the Board’s decision, to include the vote of individual Commissioners and a brief statement as to the basis for the decision.

1. The applicability for the Court Case Halverson v. City of Bellevue.

Mr. Hanzeli contends that the Hearing Examiner erred by relying only on the Halverson v. City of Bellevue and RCW 58.17.255.

Response: Both Halverson v. City of Bellevue and RCW 58.17.255 are applicable to this case. The Halverson decision does not expressly prevent a local jurisdiction to require settlement of ownership disputes prior to preliminary plat approval.

Regarding RCW 58.17.255, it does emphasize resolving ownership issues before final, rather than preliminary plat approval. However, neither Halverson, nor RCW 58.17.255, say that a jurisdiction cannot condition preliminary approval on the resolution of ownership issue.

 

2. The true configuration of the Boundary Line in question.

Apparently, there is a discrepancy on the boundary line. Mr. Hanzeli has two recorded surveys (2001 and 1987) that show a property line configuration that has existed since at least 1987. In an opposing view, West Coast has an unrecorded survey and a Surveyor’s testimony (in writing) indicating a different boundary line configuration.

Response: Additional action, possibly Court, must be taken to resolve the dispute, and determine the true configuration of that boundary line.

3. Burden of Proof.

1. The record indicates a boundary discrepancy in a portion of Tract A

Based upon the vote of individual Commissioners, the Planning Director was directed to prepare a written decision/Findings of Fact for signature by the Board on August 1, 2005. A copy of the decision will be provided to the Appellant and Project Applicant by the Planning Department.

Staff: Phil Bakke, Planning & Community Development Director

Jeff Tate, Planning & Community Development Assistant Director

Public: Several members of the public attended, including Steve Erickson, Marianne

Edain, Jeanne Hunsinger and Nathan Whalen, Reporter, Whidbey News Times

Motion on the floor: In the matter of Amending Chapter 17.02 ICC relating to Type 5 Stream Buffers, Commissioner Byrd moved adoption of Ordinance #C-42-05/PLG-008-05 with an effective date of July 18, 2005. Motion was seconded by Commissioner McDowell.

As far as clarification whether or not the motion incorporated the proposed amended language on existing uses, Commissioner McDowell at the previous hearing had asked for some additional time to review the code closer and make a determination on what has been recommended as far as including: "BE IT FURTHER ORDAINED that these amendments do not apply to any existing uses as of the date of the Hearings Board decision, and shall apply to all future uses.".

Commissioner Byrd, moved to amend the motion on the floor in the matter of amending Chapter 17.02 ICC relating to Type 5 Stream Buffers, Ordinance #C-42-05/PLG-008-05, by striking on the second page the first BE IT FURTHER ORDAINED paragraph reading "BE IT FURTHER ORDAINED that these amendments do not apply to any existing uses as of the date of the Hearings Board decision, and shall apply to all future uses."; and change the effective date in the next BE IT FURTHER ORDAINED

paragraph from July 18, 2005 to July 25, 2005. Amendment to the motion, seconded and carried unanimously.

[GMA #8181]

The audience, with respect to the four ordinances, consisted of approximately 9 members of the public, including Steve Erickson, Marianne Edain, Jeanne Hunsinger and Nathan Whalen, Reporter, Whidbey News Times.. County staff was represented on the various ordinances by: Phil Bakke, Planning & Community Development Director; Jeff Tate, Planning & Community Development Assistant Director; and Keith Higman, Environmental Health Director.

A Public Meeting was held on Ordinance #C-83-05/PLG-011-05 in the matter of Amending the Land Use Element of the Comprehensive Plan, the Water Resource Element of the Comprehensive Plan and the Critical Areas Ordinance as they pertain to Critical Aquifer Recharge Areas. The recommendation of the Planning Commission is for approval of the proposed amendments to the County’s Comprehensive Plan and Development Regulations regarding Aquifer Recharge Areas including

amendments to: Land Use Element of the Comprehensive Plan; Water Resource Element of the Comprehensive Planning Community Development Critical Areas Ordinance (17.02); Potable Water Supply and Source Ordinance (8.09) adopted by the Board of Health June 20, 2005 (Ord. C-59-05); Planning Commission’s adopted Findings of Fact.

Mr. Higman presented the Ordinance as the outcome of a watershed planning process the Health Department had worked on with WRAC members for over five years. The Island County Board of Health on June 20, 2005 approved amendments to Title 8 of the Island County Code, the implementation code for both the seawater intrusion protection areas and ground water protection areas. The changes represent the best available science, and state of the art programs, well ahead of almost all jurisdictions in the State in terms of the science developed to identify and predict seawater intrusion. Groundwater protection standards were developed using the DOE guidance manual and have even a more accurate outcome than what the manual prescribes. From a Health Department perspective, he encouraged the Board’s acceptance of the changes, meeting the requirements of growth management.

A Public Meeting was held on Ordinance #C-84-05 (PLG-017-04) Ebey’s Landing National Historical Reserve Amendments to County Zoning Ordinance, Ebey's Landing National Historical Reserve, ICC 17.04, ICC 17.03.260, and ICC 16.18A.

Mr. Bakke presented the ordinance for approval, forwarded to the Board with a unanimous recommendation of approval from the Planning Commission. The ordinance was reviewed at staff session, with invitation to members of the Historic Advisory Committee [HAC] to participate in that discussion. Standards in most cases are refinements of standards that the HAC used for a number of years, an accurate reflection of the standards currently being applied, put into a new section of code Title 17.04. The amendments make clear the enforcement line for each section and address some of the historic issues. Mr. Bakke commended the volunteer members of the HAC, who were invaluable in the update process, spending many hours above and beyond to call to help the Planning Department develop the information.

A Public Meeting was held on Ordinance #C-85-05/PLG-018-04 - Composting & Grinding In the matter of amending Chapter 17.03 ICC Incorporating Standards for Composting and Grinding.

Mr. Tate presented the ordinance, which creates siting standards for what is allowed with regard to composting and grinding. The ordinance is set up such that it establishes a long list of activities that

would be exempt from the ordinance, ranging from back yard home composting to composting and grinding associated with reclamation surfacing mining, agriculture activities and golf courses, etc. The second level establishes permit procedure for use of the material, uses on site, processing and marketing the material, and composting facilities, etc. There is a section on grinding itself. The Planning Commission voted unanimously to recommend approval.

Commissioner McDowell asked about controls of odors, using the example in Whatcom County that became a huge issue associated with composting of mushrooms. Mr. Tate acknowledged there had been a lot of concern about that. Although Island County has not had to deal with that issue, this ordinance would prohibit that.

A Public Meeting was held on Ordinance #C-86-05 (PLG-019-04) Changes to the GMA In the matter of amending Chapter 16.26 ICC and Chapter 17.03 ICC in response to changes to the Growth Management Act.

Mr. Tate outlined the proposal to amend Chapter 16.26 of the ICC and Chapter 17.03 of the zoning ordinance. The matter was brought before the Planning Commission in an effort to do some house cleaning on reviewing amendments been made to the Growth Management Act since the last time the County adopted comprehensive plan updates. Staff and Prosecuting Attorney’s Office reviewed

amendments made to the GMA to make sure the Island County Comprehensive Plan and Development Regulations were consistent with those State amendments. Exhibit A provides changes in 16.26.090 from 5 to 7 years in accordance with legislative amendment requiring now a 7 year review. Exhibit B makes the changes necessary to comply with state law stipulating that local jurisdictions cannot prohibit group homes from being located in residential zones, with group homes defined such that could have potentially up to 12 individuals.