The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on February 13, 2006 beginning at 9:30 a.m. in the Island County Courthouse Annex, Hearing Room, 1 N. E. 6^th Street, Coupeville, Wa. Wm. L. McDowell, Chairman; William J. Byrd, Member, and Mike Shelton, Member, were present. The meeting began with the Pledge of Allegiance.

By unanimous motion, the Board approved the minutes from Special Session held on January 23, 2006, related to AG BMPs.

The Board by unanimous motion approved the Combined Excise Tax Return for the period ending January 31, 2006 in the amount of $15,610.23, and approved for payment the following vouchers

Department Employee No. Years

Clerk Michelle McKee 5

Health Doug Kelly 10

Planning Matt Kukuk 5

Planning Jeff Tate 10

Pros Attorney Susie Walkwitz 10

Sheriff Scott Davis 15

Public Works Ryan Neighbors 15

WSU Judy Feldman 5

Jeanne Smart - Employee of the Month for January 2006. Jeanne has worked for the County as a Corrections Officer in the Jail for 16 years. She has established a reputation as not only a trusted staff member but also one who exhibits professionalism and compassion in her position. She is a superb representative of the County and is the personification of what a professional public servant should be.

Ryan Neighbors and Hap Fakkema, Coupeville Road Shop, distinguished themselves during the big storm on February 4-5, 2006. Ryan and Hap had been up all night clearing downed trees and dealing with coastal flooding when they came upon an elderly woman laying face down on the ground outside of the Freeland Hall. They both hurried to the downed woman and upon seeing contusions on her face and a broken leg immediately called for an ambulance. They remained with the woman rendering aid and keeping her warm until the ambulance arrived.

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

Public Works 011/06 Civil Engr I – Traffic #2221.02 Replacement 2/13/06

Having received a recommendation from current Diking District No. 1 Commissioners Arnold and Gabelein, pursuant to RCW 85.38.070 (5), the Board by unanimous motion appointed Robert Kohlwes, Sunlight Beach Road, Clinton, to serve as Diking District No. 1 Commissioner in Position #2, previously held by Sally Berry.

As forwarded to the Board from Linda Riffe, Island County Treasurer, along with her Affidavit, the

Tom Baenen, Island County Assessor, submitted to the Board the Island County Assessor’s Certification of the Levies for Collection of Taxes in the year 2006. He called attention to the a few of the tax percentages for 2006:

2006

Emergency medical services and hospital 6.41

Cities and town 4.9

Conservation Futures 0.70

County Current Expense 8.01

County Roads 8.02

Fire Districts 8.78

State Schools 28.54

Local Schools 27.62.

Having been previously discussed at Staff Session, now transmitted from General Services Administration for Board approval, the Board by unanimous motion, approved the following real estate listing agreements:

As transmitted to the Board from Tim McDonald, Health Services Director, the Board by unanimous motion approved Contract #NSMHA-ISLAND-ADMIN-06 (RM-HLTH-99-0053) with North Sound Mental Health Administration for mental health administrative services for Island County in the amount of $60,288.

Having received recommendations of approval from the appropriate reviewing County departments, the Board by unanimous motion approved for recommendation to the Liquor Control Board the following Liquor License Applications:

As presented and recommended by Bill Oakes, Public Works Director, the Board by unanimous motion approved the following Temporary Construction Easement and Quit Claim Deed, related to Camano Hill Road Improvements, CRP 02-04, Work Order 176:

The following Temporary Construction Easements and Quit Claim Deed associated with Monroe Landing Road project under CRP 02-03, Work Order 356 were approved by unanimous motion of the Board as presented and recommended by Mr. Oakes:

On recommendation of the Board, Quit Claim Deeds [items i, k, m and o on Public Works agenda]

were held for further review by Mr. Oakes to verify whether or not negotiation included administrative settlement with the property owners on the issue of rounding-off dollar amount.

Stormwater Mitigation Agreement and Covenants #PW-0620-01 between Island County and Jerry L. & Emma J. Swanson, Lot 10, Block 1, Division No. 1, Plat of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp 29N, R 2E.

Commercial Real Estate Purchase and Sale Agreement #PW-0420-165 between Island County and the Town of Coupeville, for Lots A & B, Division #1, Johnson Building Condominiums, located in Sec.

33, Twp 32N, R 1E., in the amount of $51,000.00, and Non-Monetary Consideration Agreement #PW-0520-318 between Island County and the Town of Coupeville for Lots A & B, Division No. 1, Johnson

Building Condominiums, located in Sec. 33, Twp 32N, R 1E. were approved by unanimous motion of the Board as presented and recommended by Mr. Oakes.

Phil Bakke, Island County Planning & Community Development Director, presented for purposes of scheduling a future public hearing, proposed Ordinance PLG-003-06 in the matter of establishing a surface water quality monitoring program for non-tidal waters. He recalled that the Board held a workshop on WQMP February 6, 2006, another workshop scheduled for February 27^th at 9:00 a.m.

Commissioner Shelton moved approval of scheduling Ordinance #C-13-06/PLG-003/06 in the matter of establishing a surface water quality monitoring program for non-tidal waters, for public hearing on March 6, 2006 at 10:30 a.m. Motion was seconded by Commissioner Byrd.

Mr. Bakke apprised the Board of an issue related to the proposed ordinance. The Planning Commission with their transmittal letter of recommendations left several issues up for consideration by the Board. These issues were addressed at a public hearing of the Planning Commission. One issue was the water quality monitoring program because the work product had not been moved along far enough and the Planning Commission needed some implementation strategies associated with their recommendations on AG. The second issue was the actual implementation strategies. Planning staff has worked directly with the Board of County Commissioners dealing with specific associated time lines for compliance. While PLG-003-06 was being reviewed by the Prosecutor’s Office, questions were raised about whether or not the ordinance itself ought to go through the Planning Commission despite the fact that the Planning Commission deferred this to the Board. Mr. Bakke has correspondence from Keith Dearborn who is suggesting it could be a Planning Commission and Board joint-type meeting on March 6^th.

Josh Choate, Deputy Prosecuting Attorney, explained, noting this new section of Code when viewed in isolation creates a new type of decision-making process by Planning, some enforcement procedures and some appeal procedures, an amendment to critical areas ordinance. Because of those things, it appears like what GMA defines as a development regulation triggering the need to go through the Planning Commission. He was not sure how the Board could act on a Planning Commission recommendation if the hearing is all on the same day. His recommendation was that because of what is in the proposed code it is a development regulation and development regulations need to go through the Planning Enabling Act prior to adoption.

Motion and second withdrawn. Board concurred with the recommendation of Mr. Choate that the proposed ordinance go through the Planning Commission process.

ISLAND COUNTY, WASHINGTON

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Wm. L. McDowell, Chairman

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William J. Byrd, Member

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Mike Shelton, Member

ATTEST:

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Elaine Marlow

Clerk of the Board