The Board of Island County Commissioners  and  Diking Improvement District #4 met in Regular Session April 18, 2005, at 9:30 a.m. in the   Island County Courthouse Annex, Hearing Room, 1 N. E. 6th 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 minutes from the April 11, 2005  Meeting were approved by unanimous motion of the Board.

 

VOUCHERS AND PAYMENT OF BILLS

 

By unanimous motion, the Board approved the  payroll dated April 15, 2005 and the following

vouchers/warrants:  Voucher (War.) #210639-210913 …..$490,284.86.

 

Hiring Requests & Personnel Actions

 

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

 

Department        PAA #   Description/Position  #                          Action                               Eff. Date

Health                    027/05  Dept. Asst   #2416.00                             Replacement                   4/23/05

GSA                        028.05  DES HL Sec.Pln   1305.00                       Personnel Action            4/1/05

Planning                029/05  Plan Intern-temp   1600.01                                     New Position                   4/18/05*

Planning                030/05  Plan Intern-temp   1600.02                                     New Position                   4/18/05*

Planning                031/05  Plan Intern-temp  1600.03                                      New Position                   4/18/05*

Planning                032/05  Plan Intern-temp   1600.04                                     New Position                   4/18/05 *

                                                               [* 6 months or less]

   

Aquatic Weeds Management Fund Grant Agreement #G0500144

 

Aquatic Weeds Management Fund Grant Agreement #G0500144  [RM-EXT-05-0040] between the State of Washington Department of Ecology and Island County  for the  Lone Lake Egeria Eradication project  was approved by unanimous motion of the Board.  The total project is $100,000 with 75% DOE funded. 

 

Contract #HS-08-03 Amendment #2 -  Compass Health

 

Contract #HS-08-03 Amendment 2  with  Compass Health to reallocate AL/SA treatment and crisis services for continuation of required services was approved by unanimous motion of the Board, the amendment amount $-20,304  for new total contract in the amount of $833,680  (RM-HLTH-99-0073).

 

Liquor Licenses APPROVED

 

The following applications for special occasion liquor licenses, having gone through the review process by the appropriate  County Departments  and received recommendations of approval, were approved by unanimous motion of the Board: 

 

·         Application for Special Occasion Liquor License #092672 by Whidbey Island Waldorf School for a special occasion to be held on May 5, 2005 from 4:30 p.m. to 10:00 p.m. at the Whidbey Institute Thomas Berry Hall, located at 6449 Old Pietila Road, Clinton, WA

 

 

 

·         Application for Special Occasion Liquor License #092151 by Camano Island Yacht Club for a special occasion to be held on May 21, 2005 from 5:30 p.m. to 9:00 p.m. at the Camano Island Yacht Club, located at 129 N. Sunset Drive, Camano Island, WA

 

Review Monthly Financial Reports from Auditor & Treasurer

 

Auditor

 

Island County Auditor Suzanne Sinclair,  reviewed with the Board  her written financial report for the period ending March 31, 2005. 

 

Revenue notes:

-          $150,000 of revenue for the Auditor’s budget is anticipated from grant funds for the voter registration system

-          WSU Extension revenues are more than anticipated having received $9,661 in private donations compared to budgeted  amount of $4,000

-          Cable franchise [line 40] received $170,082 franchise tax is for 2004 so that will get accrued to 2004

-          Negative figure for investment service fee; it is in the wrong line an should be in line 58 investment interest – the market value went down but interest  earned is an overall gain for the County

 

Expenditure notes:

-          4-Springs – paid $180,000 for building improvement project [$54,000 actually belongs in 2004]

 

Treasurer

 

Linda Riffe, Island County Treasurer, likewise submitted the Treasurer’s Cash Revenue/Current Expense report  for the same period, with several explanatory comments:

 

-          WSU Extension shows a significant decrease due to grant funds received

-          Juvenile Court – decrease from last year due to a reduction in grant funds received

-          Excise PUD is paid one a year un June [line 41]

-          Investment interest is beginning to go  up as compared to last year.

 

DIKING IMPROVEMENT DISTRICT NO. 4 - Resolution #C-39-05/R-14-05 –  Appointing Three Appraisers to Apportion Special Benefits in Diking Improvement District No. 4

 

As presented and recommended by Bill Oakes, Public Works Director,  the Board by unanimous motion approved Resolution #C-39-05/R-14-05 In the Matter of Appointing Three Appraisers to Apportion Special Benefits in Diking Improvement District No. 4. 

 

The three persons appointed as qualified appraisers to determine and apportion the special benefits accruing from maintenance of the dike within the District to each piece of property therein were:  Richard Snyder, Island County Engineer; Edward R. Oetken, Island County citizen; and Robert Olson, Diking Improvement  District No. 4 property owner.  Island County Auditor Suzanne Sinclair administered the Oath of Office to the three appraisers.

[Resolution #C-39-05/R-14-05 placed on file with the Clerk of the Board]

 

 

Resolution #C-  40-05/R-  16  -05 –  Approving Plans & Specifications and Authorizing Call for Bids for Madrona Way Reconstruction

 

Resolution #C-4005/R- 16 -05 In the Matter Approving Plans & Specifications and Authorizing Call for Bids for Madrona Way Reconstruction under  CRP 02-11,  work order #35, was approved by unanimous motion of the Board.  The bid opening was scheduled for Tuesday, May 10, 2005, at 11:00 a.m. in Room #116, County Administration Building, 1 NE 7th Street, Coupeville, Wa.      [Resolution #C40-05/R-  16  -05 placed on file with the Clerk of the Board]

 

Adopt-A-Road Litter Control Program – Renewal Agreement - Camano Island Yacht Club

 

Adopt-A-Road Litter Control Program  Renewal Agreement was approved by unanimous motion of the Board with  Camano Island Yacht Club, for East Camano Drive from Cross Island Road to Camano Hill Road.

 

Interagency Agreement #PW-0520-176 - Department of Ecology -  Deer Lagoon Dike

 

Interagency Agreement #PW-0520-176 between  Island County and Department of Ecology for clean-up of contaminated soils in Deer Lagoon Dike was approved by unanimous  motion of the Board as presented and recommended  for approval by Mr. Oakes, 80% reimbursed by DOE for the work on the project.

 

Resolution #C-41-05/R-17-05 –  Exemption to Competitive Bidding Requirements for Excavation of Contaminated Soils in Deer Lagoon Dike

 

Resolution #C-41-05/R-17-05 In the Matter of an Exemption to Competitive Bidding Requirements for Excavation of Contaminated Soils in Deer Lagoon Dike was approved by unanimous motion of the Board, to authorize signing an engineering  contract with Kleinfelder, Inc. for removal of contaminated soils on County property  in  Useless  Bay.

[Resolution #C-41-05/R-17-05 on file with the Clerk of the Board]

 

Contract #PW-0520-138 - Kleinfelder, Inc. -  Excavation of Contaminated Soils in Deer Lagoon Dike

 

Contract #PW-0520-138 between  Island County and Kleinfelder, Inc. for excavation of contaminated soils in Deer Lagoon Dike,  in the amount of  $43,748.00, was approved by unanimous motion of the Board.

 

STORMWATER MITIGATION AGREEMENTS – PLAT OF HOLMES HARBOR GOLF & YACHT CLUB

 

The Board, by unanimous motion, approved the following three Stormwater Mitigation Agreements associated  with the Plat of Holmes Harbor Golf & Yacht Club:

 

·         #PW-0520-22 -  Jared & Brenda Peck, Lot 11,  Block 1, Division #5,   Plat of Holmes Harbor Golf & Yacht Club,  Sec. 3, Twp 29N, R 2E.

 

·         #PW-0520-59 -  Matthew W. Schupp, Lot 22, Block 4, Division #6, Plat of Holmes Harbor Golf & Yacht Club,  Sec. 3, Twp 29N, R 2E.

·         #PW-0502-60 -  Matthew W. & Debra L. Schupp, Lot 25, Block 2, Division #6, Plat of Holmes Harbor Golf & Yacht Club,  Sec. 3, Twp 29N, R 2E.

 

PLANNING AND COMMUNITY DEVELOPMENT – ORDINANCES PRESENTED

 

Ordinance #C-42-05  (PLG-008-05) In the matter of amending Chapter 17.02 ICC relating to Type 5 Stream Buffers

 

Ordinance #C-43-05  (PLG-006-05) In the matter of amending Chapters 17.02 and 17.03 ICC relating to Existing and On-Going Agricultural activities

 

Ordinance #C-44-05  (PLG-007-05) In the matter of amending Chapter 17.03 ICC and Ag BMPs to establish procedures for Determinations of Consistency for Agriculture

 

ATTENDANCE

Planning  and Community Development Staff:

            Phil Bakke, Director

            Jeff Tate, Assistance Director

 

Audience:

            Press and Public – approximately 26  [attendance sheet GMA Record #7859]

 

Since adoption of the Comprehensive  Plan in 1998, Mr. Bakke commented that the County dealt with a host of appeals  raised by Whidbey Environmental Action Network (WEAN).  Of the  many issues raised by WEAN, two  remain that require code changes, the most important relating to  rural zone density of five acres, significant because  the rural zone and its regulations impact up to 60%  of land in Island County or about 80,000 acres.  Mr. Bakke presented the three ordinances, with comments as follows. 

 

Ordinance #C-42-05  (PLG-008-05) In the matter of amending Chapter 17.02 ICC relating to Type 5 Stream Buffers

Island County was found in compliance with type 5 stream buffers in Whatcom County Superior Court;  the Court of Appeals did not concur, and the County is required to  increase the buffer for type 5 streams from 25’ to 50’.   Type 5 streams  do not feed into other critical areas, typically only run a few weeks out of the year, have  no fish  present, and  most people would call these streams  ditches.  The appeal route for the County  has been exhausted and this ordinance  must be scheduled for a public hearing before the Board of County  Commissioners. 

 

Ordinance #C-43-05  (PLG-006-05) In the matter of amending Chapters 17.02 and 17.03 ICC relating to Existing and On-Going Agricultural activities

 

This has to do with application of the County’s Agricultural (AG) Best Management Practices (BMPs)  for existing farmers with  land  not zoned Commercial or Rural AG.  In 1998 the Board appointed a committee made up of farmers, scientists and other interested folks who developed in 1999  protection regulations for wetlands and streams.  

 

Through one of WEAN’s appeals the  Growth Management Hearings Board (GMHB) agreed AG BMPs used best available science and protected critical  areas; Whatcom County Superior Court ruled they could be applied to all AG uses.  WEAN appealed to the  Court of Appeals arguing that  AG BMPs represented an exemption  from the CA regulations  and were not  necessary in any zone except for Rural AG and Commercial AG zones.   

 

Mr. Bakke contended  that the AG  BMPs  in fact are not an exemption from Critical Area regulations,  rather regulations specifically designed to provide protection given specific AG use.  The County believes this  change will impact thousands of property owners who have gardens, raise horses, goats, hay fields or have children in 4-H.    The Court of Appeals found that the County did not have sufficient record demonstrating a need for AG BMPs outside Rural and Commercial AG zones. 

 

Ordinance #C-44-05  (PLG-007-05) In the matter of amending Chapter 17.03 ICC and Ag BMPs to establish procedures for Determinations of Consistency for Agriculture

 

This deals with amending the code to provide a formal process for Commercial and Rural AG   landowners to get a determination for AG consistency, and postpones the implementation deadline to January 1, 2006, allowing an opportunity to make adjustments necessary to comply.  In many cases compliance with AG BMPs is not easy or inexpensive.  The  lack of ability to apply BMPs to the rural zone comes with a concern that it could have the effect of ending farming on rural land, and potentially  cause family suffering, loss of open space and ultimately the loss of rural character. 

 

WEAN falsely  accused the County of ignoring the Court of Appeals  decision and petitioned the GMHB  for   financial sanctions on the  taxpayers of Island County for failing to impose  critical area regulations on farming located outside Rural and Commercial  AG  zones as well as changing the code to increase  the buffer for type 5 streams.   When the County and WEAN filed a petition for review with the Superior Court that action stayed the Court of Appeals decision leaving the Whatcom County Superior  Court decision  standing.  The Court of Appeals did not issue a mandate on type 5 stream buffers.  The County  in every case since at least 1998 took action to comply with all directives from the GMHB  and the Court.   In the latest case, Island County acted in good faith on direction of the Prosecuting Attorney’s Office and followed the rules to the letter.

 

Mr. Bakke recommended  that the Board refer PLG-006-05 and PLG-007-05 to the Planning Commission for public review and input.  In anticipation the Planning Commission scheduled  two evening hearings: 

 

            Camano Island:  Utsalady Elementary School      May 17    7:00 to 9:00  pm

            Whidbey Island: Coupeville Recreation Hall        May 24   7:00 to 9:00  pm

 

By unanimous motion, the Board scheduled a   Public Hearing on Ordinance #C-42-05  (PLG-008-05)In the matter of amending Chapter 17.02 ICC relating to Type 5 Stream Buffers for May 16, 2005 at 10:30 a.m. [Ordinance  #C-42-05  (PLG-008-05) as introduced today and scheduled for hearing, entered as GMA Record # 7860]

 

Commissioner McDowell found the action on this and the other two proposals  extremely distasteful.  Requiring a 50’ buffer  means a 100’ swath out of someone’s property for something the average person  would  probably call a ditch.    The County started out prior to  1998 working with a coalition of environmental groups, and to the best of his knowledge, with the exception of WEAN, the coalition  agreed  with the proposal to the GMHB.

 

Commissioner Byrd found it  galling that growth management was  supposed to be a bottoms up type approach but that had not seemed to happen in this case.  The County  won the case in Superior court and lost in Appeals Court. 

 

Public Input

 

Jim Henderson, E. Newman Road, South Whidbey, one of the parties  affected by implementation of the proposed changes, stated that even the BMPs would probably make him question continuing to have animals on his  property but the new proposal would absolutely put him out of business and have to sell them all.  More than comments, he had questions such as what could he do with his property; can he walk on it or use it in any way? If not, he thought his U.S. Constitutional rights were being affected.   He brought up an issue in Snohomish County who received an exemption from  the State for putting ball parks on farmland – yet the farmer cannot farm, which does not  make sense.    

 

Commissioner McDowell’s understanding was that since Mr. Henderson’s property is zoned Rural and has an existing farm operation it is not grandfathered.  Everything else within the County such as a golf course is grandfathered in and why that is so makes no sense.    It is unfortunate as well because most people enjoy seeing farmers raising animals,  etc.  The farmer can build a house on the property which is what is so  ridiculous about the whole thing.

 

Chairman Shelton encouraged those present to be a part of the Planning Commission public hearing process.

 

Gayle Cerullo,  N. Cerullo Drive, North Whidbey Island,  having a family ranch  in existence since the mid-Fourties, said the  proposed changes would drastically affect their ranch,  cow and horse operation.  She too has many questions  and concerns about the proposed changes.  They have 100 plus acres and could turn it all in to houses, but that is not the integrity of the Island or their lifestyle.  Part is in AG and part in rural.  Not  only are they affected for their   livelihood but their  aesthetics of lifestyle.  She is concerned about what would be next.

 

Roy Engle, Hunt Road, North Whidbey Island, operates the five-acre  Rock’n Apple Ranch, and expressed concern  about the proposed changes.  About  fifteen years’ ago the County created a seasonal creek on his property by widening Fakkema Road and placing a large culvert underneath the road, turning the  hay field behind his farm into a continuous bog.  He now has a ditch that runs  alongside the driveway all the way through his property  and up to his house which every year  flows from November until May, then dries up.    If this is a stream that comes under the definition and he has to abide by the new 50’ buffer on each side, that will wipe  out hundreds of his apple trees.  He takes in a sizable amount of money every year from the apples, ranging from $13,000 to $20,000  in gross income from 1200 dwarf apple trees in his orchard that he started in 1980 before there was ever a stream on his property.   The community benefits from his apple orchard as well in that he gave some 1500 boxes of apples to food banks last year.  He also has a 

 

small  area that probably each  winter becomes a spot  for a couple of puddle ducks to sit in, dries up usually by the first of May.

 

Commissioner McDowell   advised that not only was the area of the apple orchard something to be concerned about as far as a “stream” but also “wet pastures”.  The average person would not recognize  that as a wetland but a wet pasture [an area that remains  green throughout the year] also comes  under these regulations.

 

Carl Robinson, Langley,  operating a B&B on about 27 acres, about half in forest and the other  half in pasture land with hay most of the year, though not now raising animals, has thought about it.   Some of the concerns he has include:  whether or not there is a conflict with other ordinances in place  at this time or about to be implemented; noxious weed ordinance and mosquito abatement problem, fire hazard situation;   rules regarding streams, the size and the flow are vague.   If  a water feature created in a garden with a pond and small trickle, is that in violation?   A study by a couple of universities on  control of undesirable weeds resulted in one common  finding over the 10-year study:   use of goats  in controlling noxious weeds has  less environmental impact  and  a minimum amount of cost. 

 

Len Engle, Terry Road, Coupeville, representing Engle Family Farms, Central Whidbey Farms and Sherhill Vista Farms, also serves on the Whidbey Island Conservation District, urged the Board not enact anything stronger than current laws.    The new proposed regulations would take  away from small land owners who raise a few cattle, horses, sheep and  goats.   He  encouraged the County to draw the line if possible, noting initiative  37 in Oregon passed for a reason:  WEAN wants to push it too hard he suspects it will get up to this part of the country as well.

 

Robert Nelson, Powell Road, Central Whidbey, came here to retire, not to  be controlled by the government. His barn was built back in 1880.  He  has  horses that dig holes in the pasture and there is a puddle; by this proposed regulation all of a sudden he would have a wetland.    He finds the proposal  offensive telling him what to do when everything has been working for a long time. He raises horses for his own pleasure; take animals to 4-H, Christmas Village and petting zoos, a “hobby farm”.   But ordinances will ruin his  retirement and result in his property not being able to be sole,   unusable and  all of a sudden his half million investment down the drain. 

 

Ron Muzzall, Muzzall Farms, Scenic Heights Road, Central Whidbey Island, was a member of the AG Remand Committee who designed a system with the help of environmental groups, other than WEAN who dropped out,  to mediate environmental concerns with on-going rural atmosphere in Island County.  It was his belief that the   Growth Management Act probably could be termed “the growth promotion act” because the new proposals on rural land will affect the five acre owners, as well as his operation.  He  runs about 500 head of cattle [200 head of beef and 300 head of dairy], raising seed crops on the north side of Penn Cove.  Muzzall Farms fall within all of the environmental regulations and have  tens of thousands of dollars in pollution control, animal nutrient storage, animal nutrient management program, a low input sustainable  Agricultural operation.  The farm pastures a tremendous amount, most on rural AG lands, very  little commercial AG due to soils.  Of 150 acres about 50 is rural zoned; the whole front part between the road and the bluff is all rural zoning.  The bluff and beach are critical areas.  The  family started in 1910-11 on the bluff  because it had been open for thousands of years and  farmed right up to the edge of the bluff always far enough back it never caused erosion problems. 

 

 

They cannot farm up to the edge, now having to step back  50’ and put a fence up to keep the cattle back; cannot cut hay there; yet on each side where there are homes, the neighbors can mow lawns up to the edge.   They are one of two families left on Whidbey Island milking cows; one of three or four raising seed crops anymore; fewer all the time, because of the economics and he views this as  another nail in the coffin.  Long term he has to question the reality of keeping  rural lands in AG operation and how this will affect open space taxation.    If they cannot farm the land then will they qualify for open AG; if not, where do they go beyond that?  His initial reaction when he found out about the latest proposals was that they should  divest themselves of rural lands solely because of this type thing, and   have begun the long plat work on their  rural lands.  The initial development would be a long plat of 43 or 44 homes, and have obtained  sewer and water, commenting that thought they can’t farm on the land, isn’t it an anomaly they can put 44 homes on it.

 

Dave Smith, Crosby Road, Oak Harbor,  has  rural land and leases  agriculture; started a small operation of beef, significant amount of money into orchard, hay.  He agreed with what other speakers had to say.    Mr. Smith serves as a supervisor on the Whidbey Island Conservation District and sees WEAN as being way out of hand. 

 

Maggie Raymond, Henni Road, South Whidbey, has five acres of land raising meat and vegetables for her family.  The proposed regulations will affect her as development behind  her has changed the shape of the land.   Though the proposed regulations are supposed to save the environment, ultimately they will destroy it and there will be nothing.  The citizens have a right to feed their families and to educate others about where  food comes from.  She hoped something can be done for the benefit of those who want to keep their farms which are the backbone of

society.

 

Don Meehan, WSU Extension Agent, indicated that over the last month or two he had been working with a group in Central  Whidbey  focusing on sustaining agriculture, and finds these kinds of rules and regulations to be quite counter productive.    He recognizes the challenge WEAN threw at the County, but also thought the courts played the role of deciding what the law had to say.  He suggested the  County go back to the legislature because when you look at  wetlands and wet pastures there is a big problem, not just in Island County but all of Western Washington.  When looking at agricultural  history in the State,  the successful farms were farmers farming the lowlands, i.e. the wet pastures where the  water was.   The law obviously is wrong here and he could not imagine Washington State  legislators envisioned  agriculture would be impacted  in this way.  People have been here  for thousands of years and have  an impact to the  environment.  Our  cultural heritage is wound up in making food, whether from the land or sea and a balance has to be found.  The farm families in Island County whether  farming 5 acres or 500 acres  need to eat; when  laws and regulations are created impacting that, it  is a disservice to our  cultural heritage.  Our  cultural heritage  gives us the rural character that everyone loves to come here and see.

 

Rufus Rose, South Whidbey Island,  member of Island County Property Rights Alliance, and Real Estate broker, requested when the Board charges the  Planning Commission with review,  they be directed to inquire about the economic and rural character changes likely to result from the order of the GMHB.  Also to be mindful of unintended consequences of those who try to preserve nature in the face of human activity and in fact accelerate subdivision and development.  Wetlands should be regarded as a desirable feature on both public and private properties;

 

unfortunately on private property  the existence of wetlands and streams has become  an increasingly  serious liability.  He is concerned  that the proposed  changes rival the impact of Base closure in this County.    A few of the questions he thought needed to be answered included:

 

Standards  have been in place for several years now; has damage happened because those buffers were inadequate? 

 

BMPs sounds like a neat thing; what are they? 

 

Will property owners  be required to prevent domestic animals from getting close to streams or is it just farm animals?

 

Is there such a thing as best farming practices?

 

If  someone else’s wetland buffer invades his property – can a buffer from a neighbor prohibit him  from using his property?

 

Carol Osterman, Farm Planner for the Whidbey Island Conservation District, visits rural  zoned lands  at least on a weekly basis.  Many of these lands would  be cut in half or three-quarters that would not be  useable under the proposed regulations.  She asked that the County take a look at that and make sure  common sense is built in, and work with Conservation District as a State agency to help the County and citizens come to a common sense goal.

 

No one else in the audience indicated a desire to speak .

 

Commissioner Byrd could not disagree with any of the comments made.  Being an “old farm boy’ himself he understood  the importance of these issues and thought it unfortunate that the County  did not have much choice in the  proposed regulations,  having been ordered by the Courts to do so.   He did point out that under the County’s review of the regulations, biologists will be on board and provide  a second look

 

Commissioner McDowell said that this type of thing disgusted him and questioned what had happened to  the bottoms up process for growth management.  Several folks mentioned having under their ownership rural and rural AG lands side by side.   BMPs were  ruled environmentally  satisfactory for the Commercial AG farmers who  has a more intensive use of the land than someone raising one or two cows on a five acre parcel, and the question comes to mind:    why can’t that property owner  use the same BMPs?    Probably  90% of the 4-H kids are not “Commercial farmers”, rather on a 5-acre parcel and the ruling  makes absolutely no sense.  It is absolutely critical in Island County  being able to maintain the rural character  to provide an adequate record, important for citizen participation at the Planning Commission level, and asked that WSU to make sure as part of WSU education to get  people involved in local government; this is an issue that truly will impact 4-H.    Those who cannot attend should at  least send an e-mail or letter which will become part of the record.

 

Chairman Shelton  recalled that although there had not been a  lot of agreement when the County started the growth management process among a broad cross-section of citizens of Island County but there was agreement about the desire to maintain the rural character of Island County.  With some of the decisions that have been made he did not know how the rural character can be  maintained if the farmers are thrown off the land.  As Mr. Henderson mentioned, Snohomish

 

County went to the legislature to get special legislation to convert some of their AG  lands into ball fields.    Island County is trying to maintain AG lands and the courts are saying “no”; the  nexus there between logical thought does not exist.  The Seattle Times a week or two ago contained an article about the initiative in Oregon, started by people like those in the room today.  On a family farm the next generation needed a place to live and wanted to obtain a building permit to put a second house on the farm and the State said no.

 

Chairman Shelton took great exception  to  e-mails fostered by WEAN calling  Commissioners Shelton and McDowell “environmental criminals”.  He  explained that the way the system works is that when the Court of Appeals rules and subsequent to that some part is appealed on to the Supreme Court, the whole thing is stayed, and the County operates under the  last court decision.  Until the Court of Appeals issues their order, the Island County Prosecuting Attorney’s Office  said that Island County  needs to abide by the Superior  Court rule, which is 25’ on type 5 streams, not the  50’ as WEAN argued.     When the Court of Appeals ruled  on the BMPs in the rural zone, the Court did not tell Island County it  was wrong; rather that the County did not have the record to support the extension of the BMPs into the rural zone.   He saw today as the  great beginning of a record to support that.  The Board of County Commissioners  will go back to the GMHB and Courts  and do whatever has to be done to take it through the legal process.  Those attending today’s meeting are only a small sample of those who will be adversely affected.

He advised that their friends and neighbors need to come to the Planning Commission when they hold community outreach meetings and public hearings and get their testimony on record which hopefully  will support extension of BMPs into the rural zone.

 

By unanimous motion, the Board referred Ordinance #C- 43-05  (PLG-006-05) In the matter of amending Chapters 17.02 and 17.03 ICC relating to Existing and On-Going Agricultural activities  and Ordinance #C-44-05  (PLG-007-05) In the matter of amending Chapter 17.03 ICC and AG BMPs to establish procedures for Determinations of Consistency for Agriculture  to the Planning Commission for input and public hearing.  

 

[Ordinance #C-43-05  (PLG-006-05) as introduced  this date entered as GMA Record #7861 and Ordinance #C-44 -05  (PLG-007-05) as introduced  this date entered as GMA Record #7862]

 

COUNCIL OF GOVERNMENTS

 

Included as part of today’s regular Board agenda, the Commissioners met at 3:00 p.m. with   Elected Officials from Island County, City of Oak Harbor, City of Langley, Town of Coupeville, and Port Districts, commonly known as the Council of Governments.

 

ATTENDANCE : 

 

William J. Byrd, Member, Board of County Commissioners

Patricia Cohen, Mayor, City of Oak Harbor

Neil Colburn, Mayor, City of Langley

Nancy Conard, Mayor, Town of Coupeville

Wm. L. McDowell, Member, Board of County Commissioners

Ed Van Patten,  Commissioner,  Port of Coupeville

Mike Shelton, Chairman, Board of County Commissioners

 

Hand-outs provided by Mayor Conard included:

 

·          Rural County Economic Development Funds – discussion of various issues

·          Suggestions for application

·          Copy of the RCW 82.14.370  governing  the use of the funds

·          Copy of ICC Chapter 3.02C

 

Primary focus of the group this session was discussion with regard to .08 Rural Economic  Development funds.  The COG approved the criteria to be used for selection of those applying for the .08 money and the application form.

 

Next COG scheduled for May 9, 2005 at 3:00 p.m. 

 

There being no further business to come before the Board at this  time, the meeting adjourned at  4:15 p.m.     The next regular meeting of the Board will be held on April 25, 2005,  beginning at 11:00  a.m. for a roundtable discussion with Elected Officials and Department Heads, followed at 1:30 p.m. by regular agenda items.

    

BOARD OF ISLAND COUNTY COMMISSIONERS       

AND DIKING IMPROVEMENT DISTRICT NO. 4

 

 

                                                    ______________________________

                                                    Mike Shelton,    Chairman

 

                                                                                                                                                                                                            _____________________________

                                                Wm. L. McDowell,  Member

 

 

                                                _____________________________

                                                William J. Byrd,   Member

 

 

 

ATTEST:    ____________­­­­­___________

Elaine Marlow, Clerk of the Board