The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on March 20, 2006 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 the February 28, 2006 Special Session [Annual Joint meeting of the Board of County Commissioners, Planning Commission and Hearing Examiner] and March 13, 2006 Regular Session.

The Board by unanimous motion approved the Combined Excise Tax return for February 2006 and the payroll dated March 15, 2006, along with the following vouchers/warrant:

Voucher (War.) #234435-234640…………………………………………. $447,525.40.

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

Planning 039/07 Plans Ex./Bldg. Insp. Trainee/I #418.06 Replacement 4/17/06

Health 038/06 Public Health Nurse II, Camano #2406.14 Replacement 5/8/06

Pub. Works 040/06 S.W. Attd I .4 fte #2249.06 Replacement 3/20/06

Steve Gulliford, Executive Director, Housing Authority of Island County, was present in support of the Board adopting Resolution #C-24-06 in the matter of amending Section 5 of the Island County 10-year Homeless Housing Plan to prevent and reduce homelessness within Island County. Section 5 to be revised to reflect implementation dates recommended by the Island County Homelessness Task Force, shown in Exhibit A.

In accordance with the recommendation of Jackie Henderson, Island County Health Department, Human Services Director, the Board by unanimous motion reappointed Patricia Little of Oak Harbor and Janice Pickard of Coupeville to a three year term to April 1, 2009, on the Mental Health Advisory Board.

years’ past. Notes: received $9,384.60 autopsy reimbursement; line 24 shows dog control revenues up a little.

A Public Hearing, as scheduled and advertised, was held at 9:55 a.m. for the purpose of considering Resolution #C-16-06 Amending the 2005 Island County Budget and Resolution #C-17-06 Amending the 2006 Island County Budget. Elaine Marlow, Budget Director, provided explanatory comments:

45-46 deal with labor agreement settlement with the Guild; line 141 reflects Solid Waste post closure costs;

and line 62 represents unavoidable expenses for juvenile residential custody.

At the time the Chair called for public comments on both budget resolutions, no one commented either for or against either resolution.

Based upon review and recommended approval by the appropriate County departments, the Board by unanimous motion approved Application for Special Occasion Liquor License #091224 by Camano Island Yacht Club to be held April 15, 2006 from 5:30 p.m. to 9:00 p.m. at the Yacht Club located at 129 N. Sunset Drive, Camano Island.

A Public Hearing, having been continued from February 6 and March 6, continued to this date and time for the purpose of continued deliberation by the Board of County Commissioners on proposed Resolution #C-149-05/R-58-05, Adoption of Freeland Comprehensive Sewer Plan and Engineering Report/Facility Plan, was held as scheduled at 10:15 a.m.

Chairman McDowell reminded that the hearing had been continued to this date for the Board’s decision; public testimony having been closed, with the exception that the Board receive written

comments from David Voigt, CHS Engineers, LLC in clarification to questions asked in the prior hearing. Mr. Voigt’s written comments were received March 14, 2006 under letter dated March 13, 2006 and are a part of this record.

Bill Oakes and Gary Hess had no additional comments at this time.

Commissioner Shelton moved approval of Resolution #C-149-05/R-58-05, Adoption of Freeland Comprehensive Sewer Plan and Engineering Report/Facility Plan, a conditional approval conditioned that Freeland be designated as an urban growth area, and with Exhibit A being attached and a part of Resolution #C-149-05/R-58-05, reading as follows:

1. RCW 57.16.010(6) requires that before the Main Street Sewer District submits its general comprehensive plan to the proper county authorities for approval or denial that the District Commissioners must first pass a resolution adopting the Sewer District’s general comprehensive sewer plan. The letter of transmittal dated August 18, 2005 does not indicate that the Main Street Sewer District Commissioners adopted the general comprehensive plan by passing a resolution. No copy of a resolution of the Main Street Sewer District Commissioners was attached to the letter, nor was a copy of minutes of a meeting showing official approval action attached. (It should be noted that even the copy of the minutes now furnished by the District’s attorney as Attachment B to his February 5, 2005 letter does not reflect that the general comprehensive sewer plan was "adopted" by resolution of the Sewer District Commissioners. There is not even mention of passing a motion

1. The August 18, 2005 letter of transmittal did not reference RCW 57.16.010(6) as the review the District was seeking nor that the sewer district adopted general comprehensive plan was being submitted for review.
2. The Main Street Sewer District failed to submit the comprehensive sewer plan to the proper county authorities for approval or denial.

1. RCW 57.16.010(6) requires the Main Street Sewer District to submit the comprehensive sewer plan to "an engineer designated by the legislative authority of the county." The letter of transmittal was addressed to Gary Hess, P.E., Public Works Department, who is neither the Island County Engineer nor the Island County Public Works Director, and Mr. Hess is not an engineer designated by the Board of County Commissioners to receive a comprehensive sewer plan to carry out engineering review. Additionally, the cover letter was never even delivered to Mr. Hess. The Main Street Sewer District failed to submit the comprehensive sewer plan to an engineer designated by the Board of Island County Commissioners as required by RCW 57.16.010(6).
2. RCW 57.16.010(6) requires the Main Street Sewer District to submit the comprehensive sewer plan to "the director of health of the county." The letter of transmittal was addressed and sent to Keith Higman, Island County Health Department. Mr. Higman is not the Director of Health of Island County. The Island County Health Director was and is Tim McDonald. The Main Street Sewer District failed to submit the comprehensive sewer plan to the Island County Director of Health as required by RCW 57.16.010(6).
3. RCW 57.16.010(6) requires the Main Street Sewer District to submit the comprehensive sewer plan that the sewer district has adopted to "the legislative authority of the county."

1. The appropriate County authorities never construed Main Street Sewer District’s flawed August 18, 2005 letter of transmittal as requesting review to approve or deny its comprehensive sewer plan under RCW 57.16.010(6). Therefore, the 90-day period to take action or the plan is deemed automatically approved has never even commenced.

Motion was seconded by Commissioner Byrd.

Commissioner Byrd indicated that he had struggled with this to some extent, primarily because there is an appearance that the Main Street Sewer District [MSSD] system would actually be a cost saving. However, on closer analysis the savings is based to some degree on use of the current Maple Ridge Water Treatment facility and understood that that particular facility would probably be at capacity somewhere around 2015. At that point the question has to be "what happens at that point", and he thought that eventually would end up in the same area treating the same water, regardless of which system. At this point, he cast his lot with the Freeland Water District system because it is a much firmer solid plan.

Chairman McDowell agreed with what Commissioner Shelton read into the record proposed as Exhibit A to the Resolution, agreeing that it covered a lot of the legal arguments made by the MSSD. He looked at two points by MSSD:

• Why the Freeland Water District Plan should not be adopted.

In that regard, Chairman McDowell believed the comments read by Commissioner Shelton covered that point in the reverse, why the Freeland Water District Plan should be adopted.

• A cost savings of up to 4 million after 40 years.

Having worked since 1991 with BRAC (Base Realignment and Closure) Chairman McDowell learned

a lot about analyzing plans by governments, and worked with a lot of consultants on looking at those plans and trying to analyze those numbers. A few percentage points of numbers over 40 years absolutely means nothing; the ability to forecast that far out is just not doable today, especially when talking about costs associated with people, construction or even how much something is going to expand. Even though the claim is to save 4 million over 40 years, he has learned it would need to be 100% difference or well above 50% difference to have any real impact. A 10, 15 or 20% difference in costs over 40 years cannot be forecast that closely over that long a period of time. If the costs are roughly the same, the next thing is to look at support by the public; the public has to have enough confidence in that organization to cause them to vote in favor of having a sewer district and it was his opinion that the Freeland Water District performed as a water district very well over the years, and people in the area understand it is a capable organization, able to do what they have said they are going to do, and for good or bad, Main Street Sewer District does not have that track record.

As recommended by Mr. Oakes, the Board by unanimous motion approved Supplemental Agreement 4, PW-9820-61(D), between Island County and Perteet, Inc., Bayview Road Improvements, for a time extension to December 2006.

By unanimous motion, as recommended by Mr. Oakes, the Board approved Supplemental Agreement #3, PW-0020-53(C), between Island County and GeoEngineers, Inc., an on-call agreement increasing the amount authorized to $285,000 and extending the time to November, 2009.

Supplemental Agreement 2, PW-0520-183(B), between Island County and Designs Northwest Architects, Inc., Non-Motorized Trails Plan, was approved by unanimous motion of the Board as recommended by Mr. Oakes, for a time extension to May 31, 2006.

As presented by Mr. Oakes with a recommendation of approval, the Board by unanimous motion approved the following documents associated with the Monroe Landing Road Project under CRP 02-03, Work Order 356:

The Annual Certification for Calendar Year 2005, Annual Report to County Road Administration Board (CRAB), was approved by unanimous motion of the Board as presented by Mr. Oakes.

Certification of Road Fund Expenditures for Fish Passage Barrier Removal, Certification for County Road Administration Board (CRAB), was approved by unanimous motion of the Board as presented by Mr. Oakes.

The Board, by separate unanimous motion in each case, approved the following Resolutions approving specifications and authorizing call for bids:

As presented by Mr. Oakes, the Board by unanimous motion, approved Resolution #C-29-06/SW-01-06 in the matter of Authorizing Procurement of a Yard Tractor, specialized equipment, and approved a waiver from Competitive bidding per RCW 39.04.280 for special facilities or market conditions.

Contract #SW-06-0015 between Island County and Green Solutions, Inc. for the preparation of an amendment to the 2001-2003 Comprehensive Solid Waste & Moderate Risk Waste Management Plan for years 2006-2011 in the amount of $25,000 was approved by unanimous motion of the Board.

By unanimous motion, Stormwater Mitigation Agreement and Covenants #PW-0520-237 between Island County and Teresa E. Troutman, Lot 13, Block 2, Division No. 6; Plat of Holmes Harbor Golf & Yacht Club; Sec. 3, Twp 29N, R 2E. was approved by the Board.

By unanimous motion, the Board approved Agreement #PW-0620-27 between Island County and the Salmon Recovery Funding Board (SRFB) for the Ala Spit Feasibility Assessment, in the amount of $187,641.00 as presented and recommended by Mr. Oakes. (SRFB-Salmon Federal Projects/

As presented and recommended for approval by Mr. Oakes, the Board by unanimous motion approved the following purchase orders:

BOARD OF COUNTY COMMISSIONERS

ISLAND COUNTY, WASHINGTON

[absent when minutes signed: W. L. McDowell, Chairman]

William J. Byrd, Member

_____________________________

Mike Shelton, Member

ATTEST:

_______________________

Elaine Marlow, Clerk of the Board