The Board of Island County Commissioners met in Special Session on October 6, 2005 beginning at 6:00 p.m., held at Elger Bay Elementary School Gym, Camano Island, WA. Mike Shelton, Chairman, Wm. L. McDowell, Member, and William J. Byrd, Member, were present. The Special Session was continued from the public hearing held September 26, 2005 in the Performing Arts Center, Coupeville High School regarding (1) Ordinance #C-99-05 Restricting Discharge and Use of Firearms in the Vicinity of Deer Lagoon and Allowing Hunting on Camano Ridge Property; and (2) Ordinance #C-100-05 Restricting Discharge and Use of Firearms in the Vicinity of Deer Lagoon and Allowing Hunting on Kettles Trail and Camano Ridge Properties.

Approximately 100 +/- citizens attended the hearing. Those desiring to speak at the hearing were asked to sign up to provide comments, with the intent to have sufficient time to allow those folks desiring to speak an opportunity to do so for 3 minutes each. [Sheet on file with the Clerk of the Board]

Ordinance #C-99-05 would amend ICC 9.06.010 to prohibit the discharge, shooting, and use of firearms within a 150 feet area (100 feet on the dike) on the inside of the boundary line of County-owned Deer Lagoon property in the Freeland area; and add County-owned Camano Ridge property to the County’s Non-Motorized Trail system, Chapter 9.56 ICC, and allow hunting, when lawful under Washington State regulations, on that property between September 15^th and November 30^th each year. Hunting would not be allowed on the County-owned Greenbank Farms Trail property and the Kettles Trail property. Ordinance #C-100-05 [alternative ordinance] is basically the same as Ordinance #C-99-05 except that hunting would be allowed, when lawful under Washington State regulations, on the County-owned Kettles Trail property (basically 9-15 to 11-30). Mr. Oakes noted Camano Ridge was the only property located on Camano and that the trails had not been designated by GPS as yet.

Mr. Oakes’ presentation included a review of existing County codes on hunting or shooting on County-owned or managed properties:

• Hunting Permitted on County owned property outside of cities and towns, unless:

• Discharge of Firearms is regulated on and around three lakes: Lone, Goss, and Honeymoon

• Deer Lagoon: Hunting not restricted

• Greenbank Farm and Kettles: Hunting prohibited on county owned land within 150 yards of a designated trail. The map shows the Greenbank Farm property in the existing ordinance and the identified trail system that goes through the north property.

• Camano Ridge: Hunting not restricted. There is a trail system on the Camano Ridge property but the County does not have a formalized agreement with a user group; the property came to the County as a result of a transfer from DNR, and is not in the County’s code as a Non-motorized trail.

Both proposed ordinances would: for Deer Lagoon, establish a 100’ stand-off distance on the dike and a 150’ stand-off distance on the rest of the property; and for Greenbank Farm prohibit hunting on the County trail property [North Greenbank property].

• Allow hunting on the Camano Ridge Property from September 15 through November 30 and

• Prohibit hunting on the County Kettles Trail property due to density of trails.

• Allow hunting from September 15 through November 30^th and prohibit hunting from December 1^st through September 14^th on Camano Ridge and Kettles property.

Some of the questions from audience members fielded for the most part by Bill Oakes, included:

Response: Not known.

Question: How will you define boundaries? How can you enforce the boundaries that the

Response. There are houses. Signs will be posted stating hunting dates allowed and posted

Chairman Shelton commented that the Board was attempting to resolve a divisive, difficult situation throughout the County regarding the use of public property. He recalled the Public Hearing held on Camano last year (April 2004) when the audience seemed to be evenly divided between those who supported hunting and those who opposed hunting. The County [County taxpayers] own part of the Camano Ridge property. People recreate differently; hunting as a recreational sport does not co-exist very well with the things other people do, for example, horseback riding or hiking. Sharing the use, hunters would have a turn for 2 ½ months; other users would have it for 9 ½ months.

Edwin Bentley, 970 Rockaway Lane, Camano Island, submitted an e- mail for the record [on file with the Clerk of the Board], summarizing: voice disapproval of the proposal to allow hunting in what was formerly the north DNR land on Camano Island. It goes against common sense and a reasonable concern for public safety to allow hunting where it has not traditionally been allowed. He asked the Commissioners to rethink their position and abandon the plan to allow hunting.

Dwayne Broderson, 4232 S. Camano Drive, Camano Island, read letter from Tom Eisenberg dated October 5, 2005 [placed on file with the Clerk of the Board], summarizing that he has been coming to Camano Island since the early 1950’s, and owned property on Camano for over 30 years, living there full time for over 10 years. He has been involved in hunting for years and is a member of several hunting/shooting associations. He has enjoyed hunting deer and waterfowl on Camano for years, but felt it must come to an end due to proximity of homes near hunting areas and believed it now time to change the hunting laws on Camano.

Valerie Wooton, 320 Wind Sun Way, Camano Island, indicated her property was 300 feet wide, the

house on the north side, heavily treed. She questioned whether a hunter chasing a deer would know where her property started, and which direction he was aiming his gun in the heat of the moment. She noted her husband and children are all hunters, and she has nothing against hunting, but felt it should not be allowed in such a populated area.

Wanda Rusher, 127 Can Ku Road, Camano Island, lives few hundred yards from the entrance to trails on the Camano Ridge property. She and her family have enjoyed walking the trails. She has heard guns going off from her yard and felt they were too close to her house. She agreed with the two previous comments and was in favor of not allowing hunting on the Camano Ridge property.

Richard M. Hepburn, 75 Chick Road, Camano Island, read from prepared written comments [placed on file with the Clerk of the Board], summarized noting there are very few safe areas to walk, bike or horseback ride safely, and since the population has increased there was a need of an expanded trail system on the Camano Ridge property, as well as other trails on the Island. He is not in favor of allowing hunting on the Camano Ridge property due to danger of serious injury to surrounding neighbors or someone using the trails.

Don Petroskie, 314 Rocky Mt. High, Camano Island, stated that his recreation was hunting and fishing, and felt the Commissioners had done a fine job with the ordinances allowing everyone a chance to use the property. He noted safety was a concern, and asked how many hunting accidents had been reported on Camano Island in the last 10 years? He made the point that all recreational drivers on Camano were a safety concern and contributed to the traffic on the roads.

Carol Triplett, President and Co-Chair, Friends of Camano Island Parks (FOCIP), 99 Utsalady Road, Camano Island, read from prepared written comments dated this date [placed on file with the Clerk of the Board], summarized:

County Code addressed the issue of no hunting previously on Island County Parks and near Island County Non-Motorized Trails. The blank outline of the Camano Ridge property presented at the September 26^th public hearing indicates the County did not recognize the existing trails built and improved in 1996. FOCIP was the lead in carrying out the 1995 Public Works Island County Trail Proposals for Camano Island. The Camano committee planned trail systems, negotiated with property owners and DNR; built trails, provided trail maps, and information to the community. In 2003, DNR transferred the land to Island County and it has not been assigned to either Public Works or Parks and the non-motorized trail system. ICORE has submitted an expansion trail plan and Island County Public Works is seeking community input for new trails in its 2006 Comprehensive Trail Plan. They are concerned about safety on the Camano Ridge property if hunting is allowed. The two shorter distances: east to west: approximately 900 yards and north to south 450 yards are adjacent to residences, and non-motorized trails or proposed trails. At the Public Hearing held April of 2004, residents expressed opinions concerning hunting on public lands; many felt that if it is illegal for hunting to take place within a mile of school property, then Island County should practice the same caution regarding dense residential areas adjacent to proposed hunting grounds. They urged the Commissioners to allow Camano Island to expand its trail system according to the County Comprehensive Trails Plan. DNR recognized the population changes and interest in developing trails occurring on Camano in their land transfer rational printed in the 2002-2003 Trust Land Transfer document.

Val Schroeder, 1369 Arrowhead Road, Camano Island, read from prepared written comments [on file with the Clerk of the Board]. She was on the original Camano Island trails committee and worked on implementing the 1995 Island County Comprehensive Trail Plan. She referred to Department of Natural Resources (DNR) 2001-2003 Trust Land Transfer document stating: … "It is one of the largest undeveloped parcels on Camano Island and is one of the only such areas located on the north part of the Island. Development and heavy use by the public for dispersed recreation has created high pressure for trail construction. The parcel is also recognized in Island County’s Comprehensive Trail Plan as a proposed link in the county’s trail system." She felt hunting was not a compatible use of the intention of the Trust Land Transfer.

David L. Hollett, 825 NW Prow Street, Oak Harbor, supported the hunters. He pointed out that there had been no hunting accidents reported on Camano Island, and only 3 in Island County over the past 25 years. In response to the comment that hunters may not know where they shooting, he indicated that hunters do not chase deer, rather track deer, and are very aware of where they are, their surroundings and where they are shooting.

Tom Flowers, 731 N.W. Quarterdeck, Oak Harbor, questioned what gave people the right to build trails or a trail system on property where hunting is allowed, and then decide it too dangerous and therefore restrict hunting. He felt that Camano Ridge and the Kettles property should be open for hunting during hunting season and everyone else should stay out. Bikers and hikers have plenty of other places to go, at least on Whidbey while hunters do not have many places to hunt. He inquired about who decides where and how many trails can be built in an area.

Chairman Shelton commented that people desirous of building trails on public property had not been discouraged to do so.

Clay Thompson, 2188 Lowell Pt. Road, Camano Island, read from letter dated this date [on file with Clerk of the Board] summarizing:

Safety is an issue. He spends a lot of time walking and hiking the trails. Camano Ridge is one of a few hiking trails on the north end of the Island and opening it for hunting for 2 months out of the year was unsafe. Hunting and hiking do not mix. He believed the nearby residences were at risk also.

He asked that the Commissioners support the volunteer efforts of the FOCIP who spent many hours building and maintaining the trails. FOCIP’S effort helped get the Camano Ridge property transferred to Island County, with the intention of deeding it to Island County Parks. Deer population is a problem due to the shrinking habitat because of high density development and increased traffic on the roads. He opposed change in management of the Parks.

Bill Thieme, 2100 Shore Avenue, Freeland, lived in Useless Bay for 30 years read from a printed statement [on file with Clerk of the Board] summarizing:

Hunting must not be allowed on Deer Lagoon because: (1) the publicly presented reasons and purpose for the purchase of the Lagoon; and (2) the terms of the federal grant for the purchase was to become a nature preserve for the enjoyment of all people. He noted quotes from two pieces of correspondence:

No where in the record is there an indication that hunting was planned or under consideration. When the land was bought, hunting the lagoon was illegal and had been for 25 years. Introducing hunting now would violate the intent and purpose of the purchase, and constitute a violation of the public trust. The

federal grants that enabled the County to buy the Lagoon came with terms and conditions such as: passive recreational opportunities like nature walks and education. He requested the Commissioners make Deer Lagoon an Island County Park.

Dana Pratt, 406 Tradewind Lane, Camano Island, read written comments into the record [on file with Clerk of the Board] stated that he is a member of ICORE, a group citizens proposing expansion of the non-motorized trail system at Camano Ridge for over two years, with the goal is to promote outdoor recreation opportunities. Hunting is a legitimate from of outdoor recreation, but concerned whether it could be performed safely on a relatively small parcel of land surrounded by private residences. He urged the Commissioners to make a decision to benefit the greatest number of Camano Island residents.

Lynn Ruckman, 1389 Beach Dr., Camano Island, a full time resident and hiker, was shocked to see the map of Camano Ridge not showing the trail system. She uses the trails and was aware that maps showing the trails were available at the Camano Annex building and the Chamber of Commerce. She was concerned about the safety of hunting so near homes and encouraged the Board to find other property for hunting that did not pose this risk. She referred to a comment that hunting would help reduce the deer population, but understood there were no statistics available to confirm how many deer were in the Camano Ridge location, or how much it would cost to reduce deer population by other means. She urged the Commissioners to consider safety and vote against the Ordinances.

Ginny Sharp, 3228 S. Camano Drive, Camano Island, read from a written statement [on file with Clerk of the Board] summarizing that her concern was safety in the proposed area, noting the Camano Ridge property was less than one square mile, surrounded by homes, and with boundaries not marked, made it difficult for hunters and residents to know when they have crossed the line. She was also concerned about the increased power of permitted firearms. She was concerned that 50 letters and testimonies sent previously were not being considered at this hearing. Ms. Sharp asked the Commissioners to gain first- hand knowledge of the property by walking the trails, find the boundaries, and see the homes. She was concerned how the County would ensure that non-hunters would not enter the area during hunting season. She recalled that the Sheriff’s Office did not have the manpower to enforce activities in a hunting zone. She urged the Commissioners to listen to the people who live on Camano and re-think allowing hunting on Camano Ridge.

Darlene Ford, 825 Arrowhead Road, Camano Island, as a long time equestrian and trail rider in other parts of the county, stated that she always felt hunters were their friends because the more people that wanted open space, the more open space they would get. In the past in other areas she was happy to give two months a year to the hunters in exchange for the open land. She is new to the Island and was concerned about lawlessness because of a lack of postings and the uncertainty of the use of the land. She felt law enforcement was very important especially if hunting was allowed.

Allison Warner, 316 Dove Drive, Camano Island, within in the Camano Ridge area, asked for clarification about the process and why hunters (who have a legitimate recreational activity) were being pitted against people using the trails. She wondered if the series of meetings held last year were used to develop these ordinances, and whose idea it was to allow hunting on the Camano Ridge property when the Camano Ridge property was acquired through the impetus of a trail group working with the County for trail development. The Sheriff’s Department last year provided input recommending against this. There is concern too about information that DNR did not allow hunting before this property was transferred, as stated in testimony last year by Rich Phillips, Game Enforcement Officer,

State Department of Fish and Wildlife.

Commissioner Shelton stated it was not true regarding hunting not being allowed since 1983.

Carolyn Ehert, 903 High Road, Camano Island, believed the question was where to hunt or not to hunt. She did not understand why hunting was being considered in area where there are so many people; hunting is not appropriate in this location at all.

Karen Kelly, 970 Rockaway Lane, Camano Island, showed a photo of a sign posted by DNR at the gated west entrance to Camano Ridge Road "Caution – No Shooting Zone – Homes in Area. Any shooting is in violation of RCW – 9A-36.045 – Reckless Endangerment - Department of Natural Resources." She submitted a copy of the minutes from the Public Hearing held April 13, 2004 discussing Hunting Rules and Regulations on Camano, and a written statement [on file with Clerk of the Board]. She mentioned that at that prior hearing Rich Phillips stated that the Camano Ridge area had been a no shooting zone since 1983. Camano Ridge is a recreation area heavily used by walkers, mountain bikers, and equestrians, and homes surround the entire perimeter. She was not opposed to hunting, but felt it was not safe in this location.

Larry Kahn, 382 Blue Heron Lane, Camano Island, had a lot of respect for most hunters who are mature, seasoned hunters, but there is no control over some of the "screwballs" s that come with guns.

With advances in technology, the range of muzzle loaders and bow and arrows have been extended. He urged the Commissioners to seriously consider the extent of the opposition to hunting in this area as expressed by the majority of the people on Camano Island.

Barbara Brock, 3302 Walnut Court, Camano Island, read from a written statement [on file with Clerk of the Board]. Her strong feeling was that hunting should not be allowed on the Camano Ridge property. The population on Camano has grown to the point that is no longer in the interest of public safety to allow hunting on this property.

Wesley Brock, 3302 Walnut Court, Camano Island, a retired physician, stated that hunting was a high risk enterprise and should not be allowed in an exploding populace area and is not in favor of hunting on Camano Island.

Jane Cassady, 986 Terry Heights Lane, Camano Island, comes from a family of hunters, her husband hunts, and assumes her son will too when he old enough. She had mixed feelings about the Camano Ridge property, and is a strong advocate for multiple use. Hunters say they are being squeezed out by development, but reality is development is happening on the Island. There are not a lot of places to go hiking, 25 minutes south to the State Park or 25 minutes to the east to Pilchuck Tree Farm. She had no problem with closing the trails for a couple months for hunting because of options; however, the nearby

homeowners cannot choose not to be there. She noted it was a very difficult decision and she urged the Commissioners to really look at the trails. What is needed is a plan to support world heritage, support hunters, support habitat and wildlife and look at the big picture.

Joyce Christiansen, 1333 Hagen Road, Camano Island, read from a written statement [on file with the Clerk of the Board]. Her letter submitted at the September 26^t Public Hearing in Coupeville, addressed the safety of allowing hunting on Camano Ridge. The hunters she knows who live on Camano decline to hunt on Camano because of their concern for safety for this fast growing community. The County’s

Community Health Advisory Team formed Camano Neighborhood Walkers to improve health and impact chronic disease. The Environmental Health Advisory Team chose "Walkable Island County" as a top priority. Island County Public Works is coordinating a trail system that routes through the existing trails on the Camano Ridge preserve. She asked whether the health and well being of all Camano residents have a lesser value than a few hunters who might choose to disregard the population around this area.

Mary Bellve, 907 James Way, Camano Island, agreed that hunting was not appropriate on that piece of property. More non-motorized trails are needed; her bicycle has been in the garage for six years because of a lack of places to ride. She enjoys the trails here, and looks forward to the trails being enlarged and being able to use the trails year around.

Norm Kosky, 908 Sands Lane, Camano Island, lives about a mile southwest of the Camano Ridge property, used to sight his 30/30 in at 100 yards; it dropped 6 inches at 100 yards. He thought the proposed ordinances were insufficient and inappropriate to have a 33 to 50 yard buffer which he thought unsafe. Ten to fifteen years ago he was an active member of the Seattle Mountain Rescue Council; 75% of their call-outs were between October - December for hunters or people on day hikes. He felt it unsafe and asked the Commissioners to reconsider the ordinances.

J.H. Wagner, 1267 Country Club Drive, Camano Island, read from a written statement [on file with the Clerk of the Board], summarized. The era of being safe to hunt on Camano Island is over; the

population has more than tripled in the 22 years she lived on Camano and there are just too many people on the Island to make it safe to hunt. An area set aside for hunting sounds like a good idea at first, but bullets do not understand boundaries. She asked that the Board not take action that would permit hunting anywhere on Camano Island.

Darcy Patterson, 5022 N. Evergreen Street, Oak Harbor, submitted written statements into the record [on file with the Clerk of the Board]. She is a member of the Island County Trails Council, currently a very active cyclist, and in the past also known to be a biker, equestrian, hunter, as well as an off road motorcyclist. She summarized the following from her written statements:

Camano Ridge property should be included in the non-motorized trail plan system. Since 1990 the population in Island County has grown 32% and because the land available for multi-use trails is limited, the existing multi-use trail properties in Island County have been developed to support a maximum number of trail users while still maintaining an enjoyable trail system such as the Kettles Trail System.

It is unreasonable to expect that hunting on public land can co-exist with other trail users in Island County and equally unreasonable to expect that all other trail users should step aside for any period of time to give hunters exclusive use. Hunting is a high impact activity that requires regulation by the State. High impact land use such as hunting or off road vehicle use is not entitled to the same level of privilege on public land as low impact users.

The liability exemption provided by RCW only provides protection from liability for injuries to users of the property and does not provide exemption from liability for injuries sustained by those on adjoining properties, such as, passing motorist or pedestrians or cyclist along the adjoining roadway, trail users of adjoining properties and persons or animal on neighboring private lands. Documentation provided regarding a recent court case in Delaware [August 2005].

The County must stand by its original determination and not allow hunting on any County owned non-motorized trail properties. Deer Lagoon has the same liability issue; citizens said their properties have been hit with birdshot. A 150 foot buffer is far from adequate and felt the County should immediately prohibit the discharge of firearms at Deer Lagoon until it can be determined if hunting should continue with restrictions.

Dave Harrington, 1524 N.E. Narrows, Oak Harbor, stated his position on hunting in trail systems and non-motorized properties opposed to both currently proposed ordinances. In the fall of last year, a study was done by Island County Public Works and Parks Department that recommended no hunting on the following properties: Goss Lake Woods, Greenbank Farms North, Greenbank Farms South, Kettles property, Camano Ridge, and Elger Bay. Hunters have been lost in Kettles on numerous occasions; he uses that trail system 3 to 5 times a week and have on untold number of occasions during hunting season given directions to lost hunters. He invited the Commissioners to come out so and be shown around the Kettles property and the boundaries.

Sharon Calligan, Juniper Beach, Camano Island, stated that according to Fish and Wildlife records only 3.6% of the Washington State population over 16 have hunting licenses, which would give 20% of the year to 3.6 % of the population for hunting. She asked to see a choice of "no hunting" on the ordinance for Camano and suggested the issue be placed on the ballot to let residents vote on it.

Doug Seegmiller, 272 N. Camano Ridge Road, Camano Island, noted his sons enjoyed playing in the forest and were concerned during hunting season. He had been a hunter since he was 12 years old and considers hunting animals something to be done in more of a wilderness setting rather than his backyard. The deer seen in his neighborhood were a little larger than a dog and suggested it worth the

money to go to the mountains to hunt for larger deer. He and his family enjoy the wildlife and the trail systems. He was concerned about hunters taking their hunting to an extreme including, i.e. beer cans and campfires.

The public input was closed.

Chairman Shelton, on behalf of the Board, thanked everyone for coming and expressing their opinions on the difficult issue, along with the input from the Public Hearing held on Whidbey on September 26, 2005. If the ordinances are revised, a new Public Hearing would be scheduled and advertised and he thought there probably would again be a separate hearing held on Camano Island.

In response to a question from the audience asking if the Camano Ridge property were established as a non-motorized trail then would that automatically eliminate hunting, the Chairman explained that hunting would be eliminated under the current ordinance, but there was a different issue with the Kettles Trail which was already in the non-motorized trail plan and hunting had been allowed with 150 yard buffers.

Commissioner McDowell added to note that the Board probably would consider each parcel separately and make a decision whether hunting would be allowed during a limited time each year or no hunting at all in order to eliminate any confusion about where to hunt. At the October 17^th Board meeting, the Board will decide if the ordinances should be changed; currently, the Board has the option to either accept the proposed ordinance or reject it.

The Board by unanimous motion continued the Public Hearing to October 17, 2005 at 10:15 a.m.

Chairman Shelton encouraged the audience to attend the continued Public Hearing, October 17, 2005 at 10:15 a.m., through video conferencing at the Camano Annex.

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

______________________________

_____________________________

Wm. L. McDowell, Member

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William J. Byrd, Member

ATTEST: _______________________

Elaine Marlow, Clerk of the Board