The Board of Island County Commissioners (including Diking Improvement District #4) met in Regular Session on June 5, 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. The Board on unanimous motion approved the minutes from May 22, 2006 regular session.

By unanimous motion, the Board approved the payroll dated May 31, 2006, as well as the following vouchers/warrants: Voucher (War.) #239477-239948………..………………… $673,203.85.

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

Juvenile Court 072/06 Juvenile Detention Officer 1407.03 Replacement 6/12/06

By unanimous motion, the Board appointed Nancy Rowan, Executive Director, Langley Chamber of Commerce, to serve as a member of the 2% Lodging Tax Advisory Committee for Island County as a representative of the Langley Chamber of Commerce.

On unanimous motion, the Board signed a Letter of Designation for Homeland Security Region One naming David L. Hollet as the Designated Representative to represent Island County in all matters related to Homeland Security for Region One, and Mike Simmons, Alternate Representative.

On presentation and recommendation of Don Mason from General Services Administration, the Board by unanimous motion approved the Closing Documents for the sale of property located at 4185 Hollydale Lane, Oak Harbor, Wa.

Contract with VP Consulting, Inc. for document imaging system (RM-CS-06-0045) in the amount of $53,286.10 was approved by unanimous motion of the Board as recommended by Cathy Caryl, Central Services Director.

The Board by unanimous motion approved Grant Agreement Contract #G0600346 (RM-WSU-06-0062) with Washington State Department of Ecology (Aquatic Weeds Management Fund) for the Lone Lake Egeria Eradication Project, in the amount of $30,000.00.

As forwarded under cover memorandum dated May 31, 2006 from Tim L. McDonald, Health Services Director, the Board by unanimous motion approved the following two Health contracts:

The Board having received recommendations of approval from the appropriate reviewing departments, approved by unanimous motion a favorable recommendation to be forwarded to the Washington State Liquor Control Board for the following Special Occasion Liquor License Applications:

Linda Riffe, Island County Treasurer, appeared before the Board at the appointed time of 9:45 a.m. for the purpose of providing a recommendation to the Board for awarding bid for Title Reports for 2006 Tax Foreclosure. After review of three bids received from local title companies, it was the recommendation of Ms. Riffe to award the bid to the low bidder, Stewart Title of Island County.

By unanimous motion, the Board awarded bid to Stewart Title of Island County as recommended.

Chairman McDowell opened a public hearing at 9:55 a.m. as scheduled and advertised, for the purpose of considering Resolution #C-51-06 Amending the 2006 Island County Budget.

Elaine Marlow, Island County Budget Director, explained that the budget amendment recognizes revenues and expenditures associated with the Surface Water Quality Monitoring Program. Between the time the hearing was set and today several key estimates have been revised based on new information, increasing the total budget amendment from $320,044.00 to $344,254.00. Key changes are found on Exhibit A marked "Revised 6-2-06":

For 2006 Ms. Marlow estimated about $176,000.00 in on-going items for staff, rent for the Kaul Building, supplies, etc., about $66,000 one-time start-up items such as computers, testing equipment, professional services, $35,000.00 WSU faculty services and about $67,000 for farm plan preparation by the conservation districts. Overall when looking at the program for 2007, she believed the cost would be over $400,000.00.

At the time the Chairman called for public comment for or against the budget amendment, no one in the audience indicated a desire to speak.

The Board by unanimous motion approved Resolution #C-51-06 Amending the 2006 Island County Budget with the handout Exhibit A dated "Revised 6-2-06". (Resolution #C-51-06 placed on file with the Clerk of the Board) [GMA # 8791]

A Public Hearing was held at 10:15 a.m. as scheduled and advertised for the purpose of considering Resolution #C-47-06/R-15-06, Final Order of Vacation in the matter of the petition of Island County, for vacation of Island County Right-of-Way known as Headlands Way (formerly Mortland Drive) located in Sections 9 and 16, Township 28N, Range 3E, W.M.

Bill Oakes, Public Works Director, recommended approval of the vacation subject to the following conditions:

• All easement rights held by existing private or public utilities shall remain in effect;
• All easement rights held by adjoining properties or dependent properties, pertaining to ingress and egress, shall remain in effect;
• The property owners will establish and record an ingress/egress and utility easement to preserve existing access.

With regard to Public Benefit for Vacation - Questions of Title, Island County Code 12.03.050.A.4 states:

The roadway or right-of-way serves very few parcels or a limited area and the cost to construct or maintain the roadway is out of proportion to the general public benefit received and the public will benefit by avoiding excessive construction and maintenance costs so long as abutting owners grant each other easements for use of the road right-of-way when it constitutes the property's only access to a public road.

David Welton who is not part of the Maple Point Association, explained he resides on a one acre land-locked parcel on the Erickson Ranch close to the origin of the road off Mortland Road. He did not want to have anything to do with a road vacation or road maintenance association, and did not buy the house with the intention of having a road and a gated community nor would he want a private road, and felt this was something being forced on him against his wishes as a financial hardship and potential liability he did not desire. His land-locked acre on the Erickson Ranch about 4/10 of a mile away from Headlands Way is the first driveway on the right; it is about a 3/4 mile long road he drives down about 1/10^th of a mile. There are actually 16 parcels on the road; 13 parcels are in the Maple Point Preservation Association; property owned by Close, Erickson and Welton-Edwards are not part of the 13 parcels in the Maple Point Preservation Association. Mr. Welton came forward to show the Commissioners on the map his property location and Mr. Close assisted with that information.

Mr. Oakes added to the clarification to point out that there is another private road not shown on the attachment in the Board's packet; apparently Mr. Welton lives to the west of the parcel shown as 080328 on the map; there is a road that runs to the west and serves his parcel.

Marianne Edain, Whidbey Environmental Action Network (WEAN), told the Board her understanding was that county roads could not be vacated if there is surrounding controversy. Headlands Way is the former Mortland Drive and the former Maple Point Road that many knew back in the Seventies when walking down the trails at Maple Point. If the public that uses the trail or would like to use that trail were aware of the pending vacation, there would be a great deal of controversy. It is not appropriate to vacate the road inasmuch as it provides shore access for hikers down the trail. Her recollection was that a condition of the plat which allowed for that private property was to grant public access to the trail -- that the people would be allowed whatever their development was, but only if the public were allowed access to the trailhead and down the bluff to Maple Point, a condition of the original plat and as such needs to be respected.

Mr. Welton indicated that there is a trail that can be walked, though overgrown and very steep.

Bill Oakes cited the test in RCW 36.87.060:

1. On the day fixed for the hearing, the county legislative authority shall proceed to consider the report of the engineer, together with any evidence or objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing.

Earl Lasher, member of Maple Point Association, confirmed the Association had 13 members and all but 1 were in favor of the vacation. This issue has been on-going in the community for some time, and came about as a result of a letter to the County Engineer a number of years ago asking the County take care of the road. Mr. Lasher met with Commissioner Shelton and Dick Snyder, then County Engineer, concluding that either the County should take care of the road and bring it up to county road standards or the parcel owners take over that task if the County were to vacate the road. The opinion at that time was that the County on its own initiative would pay for and start the vacation proceedings. The County essentially abandoned the road because it led to nowhere except the driveways of residences now on Headlands Way. It does not go anywhere at the end, and does not access the beach; to get to the beach, someone would have to go over private property. As far as people using the road and continuing to do so, is fine with the residents and that access would not be cut off or gated.

Mr. Lasher mentioned that this is not the type of road that should be paved and widened, which would happen if the County took control of the road resulting in encouraging use of cars and problems with kids coming down and having beer-blasts, strewing of garbage, etc. which has occurred over the years.

There have been numerous meetings with the Association and the feeling is that the Association will have the road surveyed, draw up a road agreement and take care of the road. The one vote against is a man who has property up for sale and does not want to incur any further expense.

Mr. Lasher and others present at the hearing confirmed that the parcel of property where the road ends is a common area owned by the MPPA. As far as they are aware, no public access was granted to Maple Point across that. There is no trail to the beach and has not been some time, and Mr. Lasher was not aware of any publicly granted access as a condition of plat approval.

Commissioner Shelton observed that the trail to the beach seemed very overgrown, probably extinguished at the end of the road when some material was dumped so that the loop at the end could no longer be accessed by vehicles, and at that point people quit using it.

David Close, 7990 Headlands Way, Parcel #320-295 located at the very base of the bluff, had his property surveyed and found about 1/3 is high and dry, the rest out to tidelands. By virtue of covenants in existence before he bought the property, his parcel has right of access and has been using that since the mid fifties. Whether the parcel is big enough to build on is debatable; it is a piece that is at least 130' wide and goes up into the woods a distance. He also purchased property from Gordon Erickson in 1993 extending to the north of the Headlands property and is now building a house. In requesting from the County permission to attach to the road, one of the conditions was that the road was designated a primitive road, no maintenance by the County would occur, and he would have to share in maintenance with the other properties. He is glad to participate with MPPA owners because he uses the road and felt it benefited everyone using the road.

Gordon Erickson, was represented by his son Joe Erickson. Joe Erickson spoke on behalf of the owners of the Erickson Ranch; they are not part of the MPPA, and would like to see the road continue as it is and not be vacated. They will do their part privately for maintenance of the road and cooperate if MPPA would coordinate with them.

Sam Tay, who owns property along Headlands but is not a member of Association, spoke in favor of the vacation. Purchasing the property in 1989 he was granted the right to go down the trail to the beach; it is not an exercise for a man now his age. At least one section of the trail had an approximate 5' drop from one portion to another. About 4 or 5 years' ago there was a landslide on the trail and to the best of his knowledge that trail does not exist at all today. Mr. Tay was of the belief that the County had taken the property without compensation, never having been deeded the property, never having been transferred the property nor any other form of ownership ever given the County. At one time the County put up a sign "Primitive Road", an old dirt road with a lot of pot holes, no gravel, muddy during winter. He did not believe the County has ever done anything to the road that would justify taking of the property. He has recently heard a number of people commenting that if the County does not vacate the property there would be petitions to the County to bring the road up to standards. He understands that county road requirements stipulate a minimum 30' wide asphalt road; if such is the case and the County does not vacate the road, the County needs to start budgeting for an asphalt road.

David Spear, 8056 Headlands Way, spoke in favor of the vacation. He explained Headlands Way as sort of quasi-subdivided: the Erickson property and three owners at the beginning of Headlands Way, and then what constitutes the MPPA, a homeowners group formed in response to the development of those 13 properties. In terms of voting for vacation, 12 homeowners want the road vacated and are willing to take responsibility for the road; 3 do not want to vacate it and 1 abstained. The majority feel it would be a good thing to have happen. In the entire Headlands area on Headlands Way, 7 properties are occupied full time; 6 owners are actively developing their properties and 3 he categorized as "investment properties". Headlands Way is surrounded on three sides by the road itself and private property; the fourth side is Mortland Drive which constitutes a portion of the entrance of Tract 1. Essentially it is a long cul de sac that goes no where except to these properties. Of the 13 MPPA members he has never heard anyone say they wanted a gate; rather, want to maintain the character and continue to allow walkers, but do want private property respected. All of the improvements to that road over the years, with the exception of one mowing of the road side by the County, has been paid for by the members of MPPA to the order of approximately $2,000/year. State law on road vacations requires a finding that the road is useless as part of the county road system and he suggested that the County Engineer in asking for the petition for vacation already concluded that the road serves no purpose as a County road. Public benefits derived from this vacation would include: a quality road, improving the likelihood of quality homes being constructed thus increasing the local tax base; and the vacation would constitute a savings to the County thus all taxpayers would save the very large sum of money to improve the road to 30' wide standard.

Dennis Purvine, owner of Lot 9 on Headlands Way with current plans drawn up for a house, approached the Board to show a map for viewing graphically, including the bluff line, cliff going down and the beach. The one member of MPPA who does not want vacation owns lot 1; his property does not abut Headlands Way at all and he has an easement across Lot 12. For today's record Mr. Purvine submitted written support for the vacation from members of the Maple Point Association that require the roadway to reach their properties, and the members of the MPPA who authorized him to state their support of the vacation of Headlands Way.

Marianne Edain believed the Maple Point trail at this time was in terrible repair. When the property was first subdivided people who did not know anything about what had happened went out to go down the trail and were accosted and told it was private property. That has been the situation for a long time in spite of the fact that it was a condition of the plat. If these folks are serious that walkers should be allowed, she would like to see a commitment to restoration of the trail and a guarantee of public access to that trail.

Chairman McDowell heard a commitment from the owners to keep the road available for walkers, but not permission for people to walk across other private property.

Property owners from the area in attendance confirmed that was the case; they were not volunteering to provide an easement across private property for access to the trail.

Mr. Lasher reminded that this petition had been brought about by the County Engineer after a lot of consultation and work a number of years' ago; even the people who are in front of the road who have testified they do not want the County to take over the road are still willing to help maintain it.

Commissioner Shelton heard testimony today that taking off the primitive road designation would require building the road to standard which is not necessarily what the residents of the area desire, rather they want a good passable road. His vote would be in favor of the road vacation, but acknowledged there needed to be some research to identify whether or not there is a public right of way dedicated as a result of the plat and if that would include the trail to the beach.

Based on the testimony as well, Commissioner Byrd likewise was in favor of the vacation subject to the clarification about whether or not there is a condition placed on the original plat with respect to the access to the beach, and wanted to know more about Mr. Tay's claim that the right of way was not obtained by the County and that the County holds no legal claim.

Mr. Oakes stated that the County asserts prescriptive rights, noting this road had been on the County road log well in excess of 10 years.

Chairman McDowell would be uncomfortable having the County own prescriptive right of way, call it a primitive road, not maintain it, and impose conditions on people wanting to build a house having to somehow build up the road. Using County funds for this road would only benefit those houses and not the County general circulation pattern, so he understood why Public Works did not want to spend the dollars to build a road to county standards. If the County was not willing to maintain the road and there are people who are willing to do so, he saw no reason why the County would not concur. The public benefit of vacation is that the road is taken off the county road log, no liability and no cost to maintain it. He had no problem granting the vacation with the added condition to research whether or not there is any written record on the face of the plat providing access the beach or easements granted.

Commissioner Shelton moved approval of Resolution #C-47-06/R-15-06, Final Order of Vacation of Headlands Way located in Sections 9 and 16, Township 28N, Range 3E, W.M. subject to the conditions of the Public Works Director, and the additional condition to research and determine if there has been any public access granted legally to the beach and if that is the case then that will be maintained; it has not been legally recorded in any way, that will not be an issue. Motion, seconded by Commissioner Byrd, carried unanimously. [Resolution placed on file with the Clerk of the Board; to be recorded]

Construction Easement & Agreement #PW-0620-33 between Island County and Andrew and Elizabeth Kristalyn and Lynda Toward in the Plat of Holmes Harbor Golf & Yacht Club, Parcel S7165-07-05011, associated with Joseph Lane Outfall CDP 06-02, work order #151, was approved by unanimous motion of the Board.

By unanimous motion the Board approved Contract #SW-06-0046 between Island County and Unitec Corporation for a 50 Ton Platform Scale at Camano Solid Waste Facility, in the amount of $54,415.34 (incl SST).

Phil Bakke, Planning & Community Development Director, presented for the Board's consideration, Ordinance #C-61-06/PLG-012-06 in the matter of Amending the Land Divisions and Dedications, Chapter 16.06 ICC, to remove the provision that exempts further segregation of parcels bisected by a public road right-of-way from the subdivision requirements. The Island County Planning Commission reviewed the matter in detail, held a number of public hearings, and recommended unanimously that the Board adopt the proposed amendments shown on page 4 of the ordinance packet under Exhibit A. The Planning Department recommends that the Board accept the unanimous recommendation of the Planning Commission. The proposal has gone through state agency review and no comments have been received from any of those agencies. This acknowledges the current public road right of way segregation process in the code, allows the parcels that have been created through public road right-of-way segregation to be built upon and further developed, and also allows parcels that were originally divided by a public road right-of-way to use this process one time to separate those two parcels that were originally split by a public road right-of-way so that it is equitable to all. This does not apply to any new public road projects or right-of-way acquisitions that subdivide roads or parcels.

Mr. Bakke outlined the Board's options:

1. Take action approving the Ordinance as recommended by the Planning Commission;
2. Remand the matter back to the Planning Commission for further consideration; or
3. Schedule public hearing of the Board to consider public comments on any amendments.

With consensus of the Board to accept the proposal as submitted by Island County Planning Commission, the Board by unanimous motion approved Ordinance #C-61-06/PLG-012-06, including Exhibits A and B, in the matter of Amending the Land Divisions and Dedications, Chapter 16.06 ICC, to remove the provision that exempts further segregation of parcels bisected by a public road right-of-way from the subdivision requirements, with the following technical corrections:

Page 2 of the Ordinance, last "Whereas" paragraph correct the word "even" to read "event";

Page 4, Exhibit A, Item E. Where the language reads "insert date that this ordinance is adopted, insert "June 5, 2006".

Resolution #C-62-06/PLG-013-06 Amending the water system service area for the Town of Coupeville, was presented by Jeff Tate, Assistant Director, Planning & Community Development. The Town provided to the County an application requesting modification to the Town's service area boundary.

Exhibit A of the Resolution shows what the future service area would be if the resolution is adopted, and the map also shows the present service area. When the Department looks at water system service area modifications the two items of focus are: (1) whether the service area boundaries are consistent with zoning designation in the Comprehensive Plan; and (2) overlap with other water system service areas. There are other water system service areas within the boundary of the proposed Coupeville service area, and the Coordinated Water System Plan requires identification of where those are. It is not the intent at this time of the Town of Coupeville to serve necessarily within those other service areas, although at a later date those other water systems may seek to be incorporated. The Planning Department recommends the Board's approval as presented.

By unanimous motion, the Board approved Resolution #C-62-06/PLG-013-06 in the matter of amending the service area for the Town of Coupeville water system and incorporating it into the Island County Coordinated Water System Plan, to include Exhibit A. [Resolution #C-62-06/PLG-013-06 on file with the Clerk of the Board]

Resolution #C-63-06/PLG-014-06 Amending the water system service area for the Lake O The Woods Homeowners Association was presented to the Board by Mr. Tate, with a recommendation of approval.

Lake O The Woods system approached the County requesting the water system service area be incorporated into the County's Coordinated Water System Plan. This is not a request that the water system service area be expanded, actually requesting it be acknowledged as a system in existence for some time.

By unanimous motion the Board approved Resolution #C-63-06/PLG-014-06 in the matter of incorporating the service area for the Lake O The Woods Water System into the Coordinated Water System Plan including Exhibit A. [Resolution #C-63-06/PLG-014-06 on file with the Clerk of the Board]

Resolution #C-64-06/PLG-015-06 Amending the service area for the Saratoga Water District by abandoning the existing future service area was presented and explained by Mr. Tate, with the Department's recommendation of approval. The request in this case is to decrease the size of the water system service area, and Exhibit A shows where the district boundary is and where the future service area and potential annexation areas are. The request is that the service area be consistent with the district boundary. When the future district boundary and annexation area were contemplated and ultimately approved years' ago the zoning within that area was 3-1/2 houses per acre, and since changed to mostly one house per five acres and one house per ten acres.

The Board by unanimous motion approved Resolution #C-64-06/PLG-015-06 in the matter of amending the service area for the Saratoga Water District by abandoning the existing future service area as presented, including Exhibit A. [Resolution #C-64-06/ PLG-015-06 on file with the Clerk of the Board]

Mr. Tate presented Resolution #C-65-06/PLG-016-06 Amending the water system service area for the Campo Hacienda Community Water Association, again coming to the Board with a recommendation of approval from the Planning Department. The Association requests expansion of the service area and Exhibit A depicts the existing service area and the parcel proposed to be annexed into the service area for service to one single family residence.

By unanimous motion, the Board approved Resolution #C-65-06/PLG-016-06 in the matter of amending the service area for the Campo Hacienda Community Water Association, including Exhibit A, and incorporating the revised boundary into the Coordinated Water System Plan. [Resolution #C-6506/PLG-016-06 on file with the Clerk of the Board]

Wm. L. McDowell, Chairman

William J. Byrd, Member

Mike Shelton, Member

 Elaine Marlow, Clerk of the Board