The Board of Island County Commissioners met on May 1, 2006 in Special Session beginning at 8:30 a.m., Island County Administration Building, Room 215, Office of the County Commissioners located at 1 N. E. 7th Street, Coupeville, WA. Wm. L. McDowell, Chairman; William J. Byrd, Member, and Mike Shelton, Member, were present. Chairman McDowell announced the purpose of the Special Session was so that the Board could meet in Executive Session as allowed under RCW 42.30.110(1)(i), to discuss with legal counsel litigation or potential litigation. He did not expect an announcement afterwards in open public session, and anticipated the session to last just under one hour.

Executive Session concluded 9:20 a.m.

The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on May 1, 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 payroll dated April 28, 2006, and the following Vouchers /warrants for payment as presented, with the exception of Voucher #3100392, held for discussion with the Public Works Director at the next Staff Session:

Voucher (War.) # 237510 - 237748 … $362,621.44.

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

Auditor 058/06 Indexing Deputy-records .50 fte 208.02 Personnel 5/1/06

On recommendation of Commissioner Byrd, the Board by unanimous motion appointed Deb Eidness, Camano Island, to the Island County Planning Commission representing Commissioner District No. 3, for a term expiring January 2, 2010.

By unanimous motion, the Board approved Resolution #C-42-06, a Proclamation Acknowledging the Achievement of NAS Whidbey Island’s Receipt of the 2006 Commander in Chief’s Annual Award for Installation Excellence. [Resolution #C-42-06 on file with the Clerk of the Board]

As forwarded by the Island County Treasurer, the Board by unanimous motion adopted Resolution #C-43-06 Approving Specifications and Authorizing Call for Bids for Title Reports for the 2006 Tax Foreclosure. [Resolution #C-43-06 on file with the Clerk of the Board]

Resolution #C-44-06 Adopting a Request for a Change of Zone Concerning the Island County Fairgrounds Situated in the City of Langley, Washington, was adopted by unanimous motion of the Board, requesting the City of Langley consider a zone change from the existing "P-1" applied by the City of Langley municipal code to the property, to Fairgrounds "F" Zone.

As requested by Dan Sherk, Facilities Director, the Board by unanimous motion approved Plans and Specifications for the County Facilities Building Roof Project, a Small Works Roster project, as presented by Mr. Sherk, with the added criteria that Mr. Sherk seek competitive costs for both metal and tab roof, and review the life cycle metal vs. tab.

By unanimous motion, the Board approved Contract No. G001965 (RM-WSU-06-0034) with Washington State University providing funds for Shore Stewards Program in the amount of $46,290, per recommendation of Don Meehan outlined in Memorandum of April 24, 2006.

The Board of Island County Commissioners received notice of liquor license application dated April 12, 2006, #400024-6E for Dusty Cellars Winery, 629 Michael way, Camano Island, Washington by Ryan and dusty Kramer. Application has been reviewed by the appropriate County departments. Recommendations of approval received from the Island County Sheriff and the Island County Health Department. Based on the recommendation of Phil Bakke, Planning & Community Development Director, the Board by unanimous motion will request from the Washington State Liquor Control Board an additional 20 days within which to respond in order to allow an opportunity for the Planning Department to review the site where the domestic winery is proposed and determine whether or not the property owner has the appropriate facilities permitted by the County.

Having received recommendations of approval from the appropriate County departments, the Board by unanimous motion recommended to the Washington State Liquor Control Board approval of new application for liquor license #088417-3F by Janet L. Gunn, Whidbey Pies, Etc. LLC.

The Board received a letter dated April 27, 2006 from Nancy Conard, Chair, Island County Council of Governments, indicating that the Council of Governments at special session April 26, 2006, recommended award of 2005 Rural Economic Development Sales Tax funds to:

The Board by unanimous motion approved the awards to the City of Langley and City of Oak Harbor as recommended by the Island County Council of Governments in the April 27, 2006 letter, with the caveat regarding the City of Langley award that if it is a public project, not only the necessary permits have to be obtained but also the funding necessary to complete the project.

As recommended by Bill Oakes, Public Works Director, the Board approved the following construction easement and quit claim deed related to the Monroe Landing Road Project under CRP 02-03, W.O. 356:

By unanimous motion, the Board approved Stormwater Mitigation Agreement and Covenants #PW-0620-35 between Island County and Gerald A. Wood, for Lot 1, Block 5, Division No. 7, Plat of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp 29N, R 2E.

• Ordinance #C-22-06 Surface Water Quality Monitoring Program
• Ordinance #C-150-05 Existing and On-Going Agriculture

Planning & Community Development: Phil Bakke, Director

Consultant: Keith Dearborn, Dearborn & Moss, PLLC

Public: 4 [attendance sheet GMA #8731]

Keith Dearborn indicated that the hand-outs today were the final versions of Ordinance #C-150-05 (GMA #8732) and Ordinance #C-22-06 (GMA #8733), compiled versions of the ordinances with all the amendments considered and adopted by the Board. Last week the Board adopted both ordinances in final form, but reserved the ability to come back and receive final Findings for both ordinances. Both sets of Findings are labeled Exhibit C and are included as an attachment in the compiled ordinances.

As recommended by Mr. Dearborn, the Board agreed that the public be allowed a week to review the Findings and continued the matter until May 8, 2006 at 10:30 a.m. to consider written and/or oral public testimony on the Findings, and take final action after the public testimony.

The Chairman announced that the Board would be meeting today at 1:00 p.m. instead of previously-scheduled 3:00 p.m. , to conduct an Executive Session under RCW 42.30.110(1)(i) to discuss with legal counsel litigation or potential litigation. The session is to be held in the Office of the Planning Director, Island County Annex Building, 1 N. E. 6^th Street, Coupeville, WA . The Chairman estimated the Executive Session would last two hours and no announcement would be made afterwards.

ISLAND COUNTY, WASHINGTON

Wm. L. McDowell, Chairman

William J. Byrd, Member

Mike Shelton, Member

 ATTEST: Elaine Marlow, Clerk of the Board