M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS March 14, 2005 The Board of Commissioners met on the above-stated date. Present were Chair Chris Endresen, Commissioner Jan Angel, Commissioner Patty Lent, County Administrator Cris Gears and Clerk of the Board Opal Robertson. (THE BOARD OF COMMISSIONERS' PUBLIC MEETINGS AND PUBLIC HEARINGS ARE AUDIO AND VIDEO TAPED). 10:00 AM) Meeting Called to Order with Pledge of Allegiance. PROCLAMATIONS/RESOLUTIONS/RECOGNITION: 10:00 – 1 Recognition of "Employee of the Month for March, 2005" (Mary Valerio, CENCOM). Staff Contact: Erin Neff, 337-4447. Congratulations and a Certificate of Appreciation is presented to Mary Valerio, CENCOM on being selected employee of the month for March 2005. 10:00 – 2 Resolution appointing Thomas Fairchild, Patrick Griffin-Hall and Kris Danielson to the Kitsap County Council for Human Rights to 3-year terms ending February 28, 2008. Staff Contact: Jan Koske, 337-4650. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Angel and seconded by Commissioner Lent that the Board adopts Resolution No. 057-2005* thereby appointing Thomas Fairchild, Patrick Griffin-Hall and Kris Danielson to the Kitsap County Council for Human Rights to 3-year terms ending February 28, 2008. Motion carries unanimously. 10:00 – 3 Resolution appointing Carl Tonge representing District #3 to the Park and Recreation Advisory Board for a term ending December 31, 2005. Staff Contact: Jan Koske, 337-4650. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board adopts Resolution No. 058-2005* thereby appointing Carl Tonge representing District #3 to the Park and Recreation Advisory Board for a term ending December 31, 2005. Motion carries unanimously. 10:00 – 4 Resolution proclaiming the month of March as National Brain Injury Awareness Month in Kitsap County. Staff Contact: Opal Robertson, 337-4428. Mary Lou May spoke in support of the proposed resolution. Discussion was held, comments called for and hearing no objection, a motion is made by Chair Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 059-2005* thereby proclaiming the month of March as National Brain Injury Awareness Month in Kitsap County. Motion carries unanimously. ITEMS SET FOR TIME CERTAIN: 10:00) A Public hearing to consider an Ordinance regarding an emergency amendment to the Kitsap County Code relative to Business Center (BC) uses as approved in the South Kitsap Industrial Area (SKIA) Sub-Area Plan and Development Regulations. Staff Contact: Eric Baker, 337-4495. (NOTE: At the request of staff, this matter has been deferred to a later date). 10:00) B Continuation of the public hearing to consider Resolution No. 036-2005 of the Board of County Commissioners of Kitsap County, Washington, to order the formation of Local Improvement District No. 8 (LID) for the design and construction of sanitary sewage collection facilities within the boundaries of the proposed district (Manchester area); setting forth the nature and territorial extent of such proposed improvements; designating the number of the local improvement district; describing the boundaries thereof; stating the estimated cost and expense of the improvements and the amount thereof proposed to be borne by the property within the proposed local improvement district. The proposed project is located in South Kitsap, Commissioner District #2. Total Fiscal Impact: $695,000. Source of Funds: Local Improvement District #8 Assessments. Staff Contact: Stella Vakarcs, 337-3660. Stella Vakarcs, Public Works, gave a brief update on the proposed project since the previous meeting held on February 28, 2005 stating the project is to install approximately 2,800 feet of sewer main along Colchester and Miracle Mile Roads serving approximately 37 properties. She said letters of notification was mailed to the property owners including a map of the area and the cost not included in the assessment fee. Discussion was held between the Board and Vakarcs regarding costs to senior citizens, options on whether or not to hook-up, the process for paying the assessment fee, whether everyone in the designated area is required to pay for the sewer service whether or not they hook-up and if the construction estimates are higher than anticipated what is the process for dealing with the higher costs, what is the process if a sewer line breaks and flows onto a homeowners property, check valves in the sewer lines and geo-technical concerns. Paul Gilligan, RH2 Engineering, submits "handouts" to the Board and explains the sewer installation concept and the design of the sewer system. David Pabst urges the Board to approve the LID so that engineering and construction of the sewer system can move forward. He said it is the right thing to do and the right time to do it. Martin Meath said his property is located on the high side of the bank and he is concerned that once a hole is cut into the bank and trying to re-pack it with other materials. He questions who is paying for the drilling into the bank, would he be charged extra fees or would it be included in the LID assessment fee. Meath is concerned about the cost of the project. Donald Westbrook said if the check valves failed it would be catastrophic to his property and it would be a "raw sewage" time bomb. He said he would not hook-up to the sewer service and questions the value to his property. Mike Maurer said his property is also located on the high bank side and was initially told the cost would be $13,000. He said the cost is now over $18,000 with a minimum of connection for an individual house being $2,000. He said he does not know of any system failures in the area and questions whether bringing the line to the easement is the same as bringing it to his property line. Marie Harrison said she did not live in the LID area but is concerned about what is happening down the road from her property. She said these are long properties and she is confused about the cost of the project. Harrison also said she was not aware of any system failures in the area. Irvin Lemon said he has two lots on Cricket Ave and supports the LID. He said his brother has three lots in the area and is also in favor of the LID. He felt this is the proper thing to do and the right time to do it. Vivian Henderson, Kitsap Alliance of Property Owners, questions where the affluent goes and states she is a great believer of reclaiming water. She said a well-working septic system puts water back into the ground, which is where it is needed and not out into the Sound. David Pabst said relative to a failed pipe and back flow, even given 100 feet of head on a 1.5-inch pipe is only approximately 12 gallons of fluid. He said this not a significant amount particularly if there is a 500 or 1,000-gallon catch tank. Chair Endresen closes the public comment portion of the hearing. Paul Gilligan, RH2 Engineering, said since the county will need to assume ownership of the pipe for maintenance, that places it squarely within the costs of the sewer in the streets. He said the individual property owners on the high bank would only be responsible for the cost of the side sewer from their house to the connection out to the interceptor sewer. Stella Vakarcs, Public Works, said relative to the right-of-way line, if the sewer main on the high bank is located higher up within the right-of-way, the county would still stub out to the property line. Discussion was held and a motion is made by Commissioner Angel and seconded by Commissioner Lent that the Board adopts Resolution No. 060-2005* thereby ordering the formation of Local Improvement District No. 8 for the design and construction of sanitary sewage collection facilities within the boundaries of the proposed district (Manchester area); setting forth the nature and territorial extent of such proposed improvements; designating the number of the local improvement district; describing the boundaries thereof; stating the estimated cost and expense of the improvements and the amount thereof proposed to be borne by the property within the proposed local improvement district. Motion carries unanimously. 10:00) C Continuation of the Closed Record Appeal hearing to consider three (3) Appeals filed by: 1) Navy Yard City Neighbors 2) City of Bremerton; and 3) Bremerton School District #100C of the Hearing Examiner's decision to approve with conditions a Site Plan Review application for Kass Funeral Home-Crematory to operate a mortuary/crematory in an existing 4,000 square-foot building located at 3690 West "G" Street in South Kitsap, Commissioner District #2. Staff Contact: Rick McNicholas, 337- 7153. Chair Endresen explains the closed record appeal process. Rick McNicholas, Community Development, gave a summary and background history of the proposed project stating that in March of 2004, Kent and Mary Kass doing business as Kass Funeral Home requested a pre-application meeting with the Department of Community Development to discuss a proposal for developing and operating a satellite office crematory in an existing 4,000 square foot commercial building. He said this area is zoned Highway Tourist Commercial and is surrounded by urban low or residential, 5 to 9 units per acre. McNicholas said it is less than a quarter of acre in size, is almost fully paved with a few patches of landscaping, the building has three bays with three garage doors and the applicants have started to remodel for office space and meeting rooms. He said the applicants are proposing to use the building "as is" with no changes to the exterior except for a vent or stack required by the Puget Sound Clean Air Agency. He further said the Department determined that the applicant could move forward with a building permit because there were no changes and the use was less intensive than the previous landscape maintenance operation. He said the neighbors complained in August when they noticed work being done and the Department decided to re-review the project determining that it should undergo a Site Plan Review. McNicholas said the applicant submitted an application and a State Environmental Policy Act (SEPA) Checklist completed on September 3, 2004. The Department issued a Determination of Non-Significance stating the proposal would not result in significant adverse environmental impacts based on a small scale of the proposal and that potential odor and air pollution impacts were mitigated by compliance with permits from the Puget Sound Clean Air Agency. The SEPA Determination was appealed, an open public hearing was held on September 23, 2004 with the Hearing Examiner rendering his decision on December 28, 2004 denying the SEPA appeals from the School District and neighbors. He said the Hearing Examiner approved the Site Plan Review subject to 14 conditions of approval with 24 conclusions. Discussion was held between the Board and staff regarding the issue date of the original building permit and when did staff determine and notify the applicants of a need for a Site Plan Review. Ron Templeton, Attorney representing Navy Yard City Neighbors, said most of the issues before the Board today involves the proper interpretation of the Zoning Ordinance. He said the Ordinance prohibits review of land use applications until required fees have been paid. He said Site Plan Review requires review and fees are charged to cover the cost of review and it cannot be determined whether the application complies with the Ordinance without review. Mark Hood, Attorney representing the Bremerton School District, said the Hearing Examiner had to make several findings in this matter on several different types of applications. He said the Hearing Examiner erroneously determined that a Site Plan Review and all of the findings and conclusions were irrelevant because a building permit was issued and had not been appealed. He said the issuance of a building permit occurs under Title 14 of the County Code and Site Plan Review occurs in a different chapter. Hood said the Examiner treated the two as the same and that issuance of a non- appealed building permit precluded any of the parties from raising issues under Site Plan Review. He said there is nothing in the Code that supports that determination. Hood said that the issuance of a building permit under Title 21 is an exempt act and there is nothing in Title 21 that sets forth appeal rights giving the School District, the City of Bremerton or the Neighbors the right to appeal the applicant's building permit. He said Site Plan Review is a land use process that all participants had a right to partake in and the Examiner effectively found that the community had no right to participate. David Horton, Attorney representing the City of Bremerton, said the City's primary concern regarding this project is that a crematory is not an appropriate use for this zone or land use designation. He said his issues of concern would focus on two of the findings the Hearing Examiner is required to make under the Code for Site Plan Review approval. First, that a crematory is a permitted use in the zone and second that the proposal is harmonious and compatible with existing and future developments within the land use designation. Relative to the crematory being a permitted use in this zone, he said the County admits that the Hearing Examiner must find that it is a permitted use as a predicate to Site Plan approval. He said this use is not specifically listed in the Code as a permitted use in this zone however staff and the applicant contend that it is permitted as a similar use. Horton said this contention is incorrect for four reasons: the plain text of the Ordinance that allows for a finding of similar use, ordinary rules of statutory construction, common sense and even under a similarity of determination the use is not allowed. He said the Board needed to find that the proposed used is harmonious and compatible with the existing and future land use developments and asked the Board to review the Comprehensive Plan land use designation. He questions how a crematory would fit in this zone. Mark Hood said one of the criteria mentioned by Horton relative to finding of similarity is compatible with surrounding uses and as a general requirement for Site Plan Review; there must be a finding that the use is not inconsistent with public health safety and welfare. Relative to public health and safety, Hood said the Examiner states that no one provided expert testimony about whether this proposed use was inconsistent with the public health and safety welfare. He said this is incorrect in that Dr. Betty Hyde, Superintendent of the Bremerton School District, testified at the hearing that the proximity of this proposed use to the nearby elementary school would have a significant impact on the emotional well being of the children attending this school. Hood said the Hearing Examiner ignored this testimony. Ron Templeton said the provision in the Ordinance states that a crematory shall have its principal access on a county arterial. He said on review of the Ordinance, it is found that crematoriums are always listed with cemeteries and that both require conditional use permits. He said this proposal is not compatible or harmonious with the existing uses and development patterns in this neighborhood. He said relative to the applicant's application to the Puget Sound Clean Air Agency (exhibit #47) it states the applicants intend to incinerate 150 tons of human remains per year and intend to operate 6 days per week for 12-hour days. Templeton said that equates to 1,500 human corpses per year and on a site that sits in the midst of a residential neighborhood. Dennis Reynolds, Attorney for the Kass', asks the Board to make the application what it is and not what it is not. He said relative to comments made by Templeton, it is not 150 tons per year - it is 150 cases per year even if that amount. He said the facility would operate for approximately 6-hours per day approximately two times per week. Reynolds said this is not an application for a conditional use permit and that a Site Plan Review is for design review. He said the Board has heard arguments turning a Site Plan Review for the design of a building into conditional use standards. Reynolds said the compatibility standards relates to the design of the building, not its operation. He said the only outward alteration to the existing building is the small retort stack. Relative to the design of this building, Reynolds said there was no evidence presented by the School District, the City of Bremerton or the neighbors regarding the design of this building. He said all the arguments regarding the impacts to the psyche of the children have nothing to do with the design of the building and the use of the building is not before the Board nor was it before the Hearing Examiner. In Kitsap County, he said one could not get a building permit for a use that is not permitted. He said the "doctrine of finality" applies even without notice to the public and it also applies when there is no administrative remedy for the issuance of a building permit or code interpretation. Reynolds believes this proposal has nothing to do with common sense it is not a part of the procedures, is not apart of the Zoning Code and not a part of the State Environmental Policy Act but is about the adopted promulgated procedures. He said his clients have the fundamental right to use and develop real property. Kent Kass, Applicant, said the process is part of what the problem is in that they have followed all the rules established by the county in order to locate this business in the Navy Yard City area. He said the "doctrine of finality" was final when they received the permit to operate. He questions whether McNicholas was correct in his initial determination that this "G" Street location was suitably zoned for use as a crematory and if so - this is the information they used when purchasing this property. He said if the determination was correct, then the subsequent requirement to have a Site Plan Review and this appearance before the Board of Commissioners was erroneously required. He said the county could not be correct on both accounts. He believes the Board should apply its administrative responsibility by holding its subordinate department, Community Development, responsible for operating according to the rules under which they are meant to operate. Tess Kass, Applicant, said one year ago in March 2004 she and her husband met with the County Planning Department inquiring about zoning on a building that they were considering for purchase in order to open a satellite mortuary with a crematory. She said in May 2004 the senior planner, Rick McNicholas, gave them pre-application approval in which he stated no further land use action required and that this was a much less intensive usage of an existing commercial site. She said he further stated in an email in May 2004 that they did not need further land use review and that they could move directly to the building permit for tenant improvements as stated in the pre- application letter. Kass said they purchased the building based solely on the senior planner's assurance that they could operate their business with no further land use action. She said had they known that they would have to go through a Site Plan Review, Hearing Examination and more land use requirements they would not have purchased the building. She said the County Planning Department and its senior planner, Rick McNicholas, were negligent when dealing in this matter and this negligence led them to spend over $500,000. Kass said they have never been allowed to use the building they purchased over one year ago. She said they have been expected to wait and wait and have suffered unbelievable monetary expense. She said the time is over and it is up to the Board to make the decision on this matter. Reynolds said he did not believe the question of how one deals with death is an issue before the Board because it is not a part of design review. He said there is testimony and exhibits in the record on how to deal with death for younger children. He said exhibit #53 in the record is a Map Quest listing of all crematoriums within 25 miles of Bremerton and it notes how often and typical these uses are located in a residential or commercial zone. Horton said regarding "finality of decision", a building permit was issued no appeals were taken and the applicants were later notified that they had to go through the Site Plan Review process. He said Site Plan Review is a different legal and land use proceeding. He said if the Kass' did not believe that all of the elements of Site Plan Review needed to be heard, they could have appealed the Determination that states they must do Site Plan Review. By not appealing he states the applicants placed themselves before the jurisdiction of the Hearing Examiner and ultimately before the Board of Commissioners on Site Plan Review issues. Templeton urges the Board to compare the use tables for rural, residential and commercial zones and then determine whether in adoption of the Ordinance it was intended that cemeteries and crematoria be sited in the Highway Tourist Commercial zone. Discussion was held among the Board relative to this being a complex matter, an apology owed to the applicants regarding the process, review of exhibits presented at today's hearing, accountability to the citizens and staff and determining how the county code is working. The Board continues this matter to March 21, 2005 for additional questions of staff and decision by the Board. 10:00) D Closed record public hearing to consider conditional approval of the McCormick North Master Plan (Phases 1 & 2), McCormick North Phase 1 Preliminary Plat (Phases 1 & 2) McCormick Urban Village Transportation Plan, McCormick Urban Village Open Space Plan, and the Development Agreements for Stormwater, Transportation, and Open Space. McCormick North is located in South Kitsap, Commissioner District #2. Staff Contact: Rick McNicholas, 337-7153. James Weaver, Community Development, gave an overview of the proposed McCormick North application stating it is a complex project involving the review and authority of several agencies within the county including Community Development, Public Works, Facilities Parks & Recreation and the Prosecutor's Office. Weaver said this is the first project that applies the goals and principles identified in Utility Local Improvement District #6 Sub-Area Plan for innovative site design, integrated land uses, coordinated trails, parks, open spaces and comprehensive master planning of all future developments within the sub-area plan. He said the 1985 existing McCormick Planned Unit Development neighborhood is set around the golf course forming an existing component of the sub-area plan. The sub-area plan also includes McCormick West that will accompany the neighborhoods identified in the McCormick North application and all is located north of Old Clifton Road and east of Anderson Hill Road. Weaver said the McCormick North application includes eight separate components: 1) Master Plan Phase I; 2) Master Plan Phase II; 3) Open Space, Parks and Recreation Plan; 4) Transportation Plan; 5) Development Agreement for Open Space; 6) Development Agreement for Transportation; 7) Development Agreement for Stormwater Management; and 8) Preliminary Plat, Phase I and Phase II. He said relative to public involvement, this project is a result of many meetings and hearing, notice to over 700 individuals for application and technical review meetings, public meeting before the Hearing Examiner and today's meeting before the Board of Commissioners. He said Community Development staff has also met individually with concerned parties, attended Homeowners Association meetings and posted information to the County's web page. Weaver submitted a chart of proposed technical corrections, fact sheet and map to the Board as part of the project application. Bob Johns, Attorney representing McCormick Land Company, said this is the culmination of many years of work on the McCormick Sub-Area Plan. He said when the Sub-Area Plan was approved in 2003 the Board insisted that McCormick include a global infrastructure plan for the entire sub-area at one time in order for it to be coordinated. He said one of the major concepts for this component is a commercial center developed at a later phase but the residential neighborhoods needed to be connected with both motorized transportation improvements and bicycle/ pedestrian access facilities. He said the regional park would be constructed in the Preliminary Plat Phase I stage. Johns gave an overview of the McCormick North application stating they support the staff's recommendation relative to the technical corrections. He notes there was some confusion as to whether or not the Hearing Examiner had recommended approval of the Transportation Plan. He said the Hearing Examiner did recommend approval of the Transportation Agreement noting that the Transportation Plan is an appendix to and part of the Transportation Agreement. Mary Erback, South Kitsap School District, said the school district is in the process of a purchase and sale agreement with McCormick on the south portion of Phase II and the district has determined that this location is a critical component of it capital facilities plan. She said this location gives the school district the flexibility that's needed to allow different school configurations as it determines what the appropriate configurations are. She said the school district concurs with staff in recommending deletion of Conditions 92-96 as part of the Phase II Master Plan. Leonard Vaughn, resident of McCormick Woods, said he did not believe there was enough notification given on this new plan. He said he had polled several residents in McCormick Woods regarding what is ULID #6 and they were unsure of what it meant. He believes when people do not know what a meeting is about, they do not attend. He is concerned about the notification and explanation of what is going on in the planning process in the county. He said there is a Homeowners Association that maintains its parks and trails and is not interested in becoming a part of an Urban Regional Parks and Trails Homeowners Association. Karla McArdle, McCormick Woods resident, said she supports the clarification of Condition#15 as proposed by staff and the developer. She asked for clarification on the Transportation Plan, as it is new to her. She states she is most concerned and alarmed about the handling of the testimony from the hearings before the Hearing Examiner. She questions how could she have confidence that the Board will make the right decision for the residents if their testimony isn't accurately portrayed in a summary. She asked if the Board planned to review the tape of the testimony and believes it would be wise for the Board to do so. Mike McCuddin, McCormick Woods resident, said this is a big proposal and from the public perspective has been hard to keep up with. He said a lot of people did not know what a "closed record hearing" meant and was unsure as to whether they would get an opportunity to speak at all. He said it would be better to use plain English. Bob Johns said relative to the Transportation Plan it is unchanged and hasn't been changed for many months, has been in the file for a long time and has officially been a part of the record from the outset. He said the technical correction to the Transportation agreement is a clarification that McCormick will pay for the construction of the Glenwood connector and the Feigley Road improvements, which was the intent from the beginning. Relative to clustering of the project, Johns said if it weren't clustered the regional park would disappear and the Anderson Creek corridor area would not be protected and buffered. He states McCormick clustered by moving the homes into smaller lots so that the houses are in one area, protect the natural systems and develop the park in the way that the sub-area plan contemplates. Discussion was held between the Board and Johns regarding the density of the project and the provision of water and sewer for the project. A motion is made by Commissioner Angel and seconded by Commissioner Lent that the Board keeps the record open and continues this matter to April 25, 2005. Motion carries unanimously. OPPORTUNITY FOR PUBLIC COMMENTS ON AGENDA ITEMS ONLY: (Please limit comments to 3 minutes or less. Written comments may also be submitted to the Board if 3 minutes is insufficient.) OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board: A. Approve Minutes of February 28, 2005. B. Approve Warrant Nos. 31698 through 3171047 in the amount of $3,259,580.40. C. Refer the following to the Prosecutor's Office and Risk Management: 1) Summons, Petition for Removal filed by West Sound Narcotics Enforcement Team and the Kitsap County Sheriff's Office; and 2) Claim For Damages filed by Molly E. Evans. Motion carries unanimously. 2) DEPARTMENT OF EMERGENCY MANAGEMENT: A. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the interlocal agreement with Silverdale and North Perry Water Districts (KC-034-05) acknowledging the parties' mutual interest and obligations relating to a Hazard Mitigation Grant. Total Fiscal Impact: N/A. Source of Funds: N/A. Staff Contact: Phyllis Mann, 307-5870. Motion carries unanimously. 3) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board adopts Resolution No. 061-2005* thereby approving the spending plans for the Hotel/Motel Lodging Tax for the year 2005. Total Fiscal Impact: $218,000. Source of Funds: 2005 Levied Lodging Tax. Staff Contact: Ben Holland/Arley Bright, 337- 4504. Motion carries unanimously. B. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board adopts Resolution No. 062-2005* thereby authorizing the issuance and sale of limited tax general obligation (LTGO) bonds refunding existing bonds. This issue will not exceed $21,500,000 and would refund parts of the 1999B LTGO Bond (E911 project) and the 2000 LTGO Bond (County Jail Project) and has the potential of saving Kitsap County about $1.2 million over the life of the bonds. This resolution authorizes a plan of refunding; authorizing the form and terms of the bonds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and authorizing the Director of Administrative Services of the Budget Manager to negotiate final terms of the sale of the bonds. Total Fiscal Impact: Potential savings of $1.2 million over the life of the bonds. Source of Funds: Real Estate Excise Tax Fund and Jail & Juvenile Sales Tax Fund and 911 Enhancement Fund. Staff Contact: Arley Bright, 337-4787. Motion carries unanimously. C. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves the Quit Claim Deed with the Kitsap County Consolidated Housing Authority (KCCHA) removing Kitsap County's reversionary interest in property known as the "Old Kitsap Union High School Site" in Poulsbo. When the county deeded the property to KCCHA it wanted to insure that the property was used to provide affordable housing opportunities for low and moderate-income households. When the construction of Fjord Vista II was completed on the site in May of 2004, the site was fully developed and provides the affordable housing as required by the deed. Since the reversionary interest has been met, this part of the deed needs to be removed in order to secure financing for the project. Total Fiscal Impact: None Source of Funds: N/A Staff Contact: Ben Holland, 337-4504 and Kevin Howell, 337-7268. Motion carries unanimously. D. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the interlocal agreement amendment with WA State University (KC-113-90N) extending the original agreement for the County's portion of educational programs. Total Fiscal Impact: $280,662. Source of Funds: Cooperative Extension and 2005/2006 Budgets. Staff Contact: Ben Holland, 337-4504. Motion carries unanimously. 4) DEPARTMENT OF FACILITIES, PARKS & RECREATION: A. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the Purchase and Sale Agreement with Bruce Barner (KC-115-05) for purchase of a conservation easement on the Barner property in the Stavis Bay Estuary located in Central Kitsap Commissioner District #3. Total Fiscal Impact: $200,000. Source of Funds: Real Estate Excise Tax (to be reimbursed by grant). Staff Contact: Joseph Coppo, 337-5355. Motion carries unanimously. B. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the contract with Netversant Washington (KC-108-05) to provide the voice data and copper fiber backbone cabling for the Administration Building. Total Fiscal Impact: $323,678. Source of Funds: Admin. Building Construction Fund. Staff Contact: George Geyer, 337-4404. Motion carries unanimously. C. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the employment contract amendment with Lauran Erickson (KC-013-03A) increasing the compensation and the number of general leave days earned by employee due to the change in position responsibilities. Total Fiscal Impact: $63,856 plus benefits. Source of Funds: General Fund. Staff Contact: Carolyn Siems, 337-4412. Motion carries unanimously. D. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the employment contract amendment with Frank Abbott (KC-014-03A) increasing the compensation and the number of general leave days earned by employee due to the change in position responsibilities. Total Fiscal Impact: $63,856 plus benefits. Source of Funds: General Fund. Staff Contact: Carolyn Siems, 337-4412. Motion carries unanimously. 5) CLERK'S OFFICE: A. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the contract with the Crawford/ McGilliard/ Peterson/Yelish & Dixon Law Firm (KC-421-04) to provide legal representation of indigent persons charged with homicide in Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: Fee Schedule. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337- 7015. Motion carries unanimously. 6) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the contract amendment with Holly Ridge Center (KC-428-03A) increasing the contract amount by $239,875 for implementing and maintaining a local coordinated early intervention system as defined in the Individuals with Disabilities Education Act for the period of October 1, 2004 through September 30, 2005. Total Fiscal Impact: $239,875 - 100% grant funded. Source of Funds: Dept of Social & Health Services. Staff Contact: Doug Washburn, 337- 4872. Motion carries unanimously. B. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the Workforce Investment Act (WIA) agreement with Olympic Consortium & WA State Employment Security Dept (KC-088-05) providing revenue for employment and training operations to 65 eligible dislocated workers in Kitsap, Clallam and Jefferson counties for the period of February 1, 2005 through June 30, 2005. Total Fiscal Impact: $175,398 – 100% Grant Funded. Source of Funds: WIA. Staff Contact: Bob Potter, 337-4873. Motion carries unanimously. C. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board adopts Resolution No. 063-1005* regarding the annual leaves benefits for Arley Bright, County Budget Manager. Total Fiscal Impact: No additional impact. Source of Funds: 2005 Budget. Staff Contact: Lynn Flanig, 337- 7185 x3536. Motion carries unanimously. D. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves and executes the interlocal agreement with Kitsap County Health District (KC-063-05) providing support services, resources, counseling and referral, social support and child care for Latino/Hispanic parents/caregivers for the period of January 1, 2005 through December 31, 2005. Total Fiscal Impact: $3,200. Source of Funds: Human Services – Marriage Licenses Surcharge. Staff Contact: Mary Ellen de la Pena, 337-4878.Motion carries unanimously. 7) DEPARTMENT OF PUBLIC WORKS: A. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board adopts Resolution No. 064-2005* thereby authorizing the County Engineer to proceed with improvements to Madrona Avenue NE in Central Kitsap Commissioner District #3. Total Fiscal Impact: $15,000. Source of Funds: Road Fund. Staff Contact: Dick Dadisman, 337-5777 x3556. Motion carries unanimously. B. A motion is made by Commissioner Lent and seconded by Commissioner Angel that the Board approves the Septic Effluent Line Easement agreement with James and Cynthia Briggs for an easement under and across Cole Loop Road, a county right-of-way in the Manchester area, South Kitsap Commissioner District #2. Total Fiscal Impact: $0. Source of Funds: Requestor. Staff Contact: Jim Roda, 337- 5777 x3127. Motion carries unanimously. 8) CONTRACTS APPROVED BY COUNTY ADMINISTRATOR /OR DEPARTMENT DIRECTORS (Pursuant to Section 3.56.075 Kitsap County Code: A. Summary report of contracts approved for the month of February. (No action required by the Board). 9) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 minutes or less. Written comments may also be submitted to the Board if 3 minutes is insufficient.) A. Mike Eliason suggests that an agenda packet be made available to the public for review and comments on security for the new Administrative building. 10) BOARD OF COMMISSIONER'S COMMENTS: A. Chair Endresen notes that the Board will recess to executive session from 2:00 – 2:45 PM to discuss potential litigation and did not expect to take action on the matters. Public meeting adjourned at 2:00 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON __________________________________ CHRIS ENDRESEN, CHAIR _________________ JAN ANGEL, COMMISSIONER __________________________________ PATTY LENT, COMMISSIONER ATTEST: OPAL ROBERTSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 60 ** See Ordinance Journal Volume No. 14 OTHER MEETINGS ATTENDED BY THE BOARD: 3/14/05 2:00 PM Exec Session (discuss potential litigation)– BOCC Conf Room 2:30 PM Admin Briefing – BOCC Conference Room 3/15/05 8:00 AM Housing Authority/Transit/CENCOM Bd Mtg 3/16/05 8:30 AM Work Study – Public Works Conf Room 3rd Floor 3/17/05 8:00 AM Supervisor Training – Givens Center 3/21/05 10:00 AM Admin Meeting - BOCC Conference Room 1:30 PM Exec Session (discuss potential litigation)– BOCC Conf Room 2:30 PM Admin Briefing – BOCC Conference Room 3/22/05 8:00 AM Natural Resources Meeting - BOCC Conference Room 3/23/05 8:30 AM Work Study – Public Works Conf Room 3rd Floor (The Board of County Commissioners public meetings are televised on public access television BKAT (ComCast Ch.12 and Wave Broadband Ch. 3) Monday nights at 5 PM, Tuesdays at 8 PM and Wednesday at 1 AM). NEXT BOARD OF COMMISSIONERS MEETING WILL BE HELD ON March 28, 2005. Visit the County's website at www.kitsapgov.com NOTE: KITSAP COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY. INDIVIDUALS WHO REQUIRE ACCOMMODATIONS SHOULD CONTACT THE COMMISSIONER'S OFFICE AT (360) 337-7146 OR TDD (360) 337-7275 OR 1-800-816-2782. (PLEASE PROVIDE ONE-WEEK NOTICE FOR INTERPRETER SERVICES). UPCOMING TIMED AGENDA ITEMS: (PLEASE NOTE: These dates and times are tentative and subject to change) MARCH 28, 2005: KITSAP COUNTY COMMISSIONERS MINUTES, MARCH 14, 2005 Page 67 Page 53