M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS March 28, 2005 The Board of Commissioners met on the above-stated date. Present were Chair Chris Endresen, Commissioner Jan Angel (Absent), 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 Service Awards". Staff Contact: Tammy Dillinger, 337-3515. Congratulations and Certificates of Appreciation were presented to the following county employees for years of service to Kitsap County: Shirley Johnson and Dave Peterson, County Clerk's Office; David Tucker, Public Works and Jean Nuttman, County Treasurer's Office. 10:00 – 2 Resolution re-appointing Don Beemer to the Kitsap County Board of Equalization to a 3-year term 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 Chair Endresen and seconded by Commissioner Lent that the Board adopt Resolution No. 066-2005* thereby re-appointing Don Beemer to the Kitsap County Board of Equalization to a 3-year term ending February 28, 2008. Motion carries. 10:00 – 3 Resolution appointing Mark Abernathy as representative and Shelley Kneip as alternate to serve on the Washington Counties Risk Pool Board of Directors, effective March 15, 2005. Staff Contact: Mark Abernathy, 337-4408. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 067-2005* thereby appointing Mark Abernathy as representative and Shelley Kneip as alternate to serve on the Washington Counties Risk Pool Board of Directors, effective March 15, 2005. Motion carries. 10:00 – 4 WA State Citizen Corps Council Volunteer of the Year Award presented to Bruce Ramey, Kitsap County Search and Rescue. Staff Contact: Phyllis Mann, 616- 5870. Phyllis Mann, Department of Emergency Management, gave a brief overview of the WA State Citizen Corps Council Volunteer of the Year Award process and introduces the award recipient, Bruce Ramey. Bruce Ramey thanked Mann and the Board for the award. 10:00 – 5 United Way of Kitsap County presentation by David Foote. Staff Contact: Cris Gears, 337-4403. David Foote, United Way of Kitsap County Executive Director, gave an overview of the recent United Way campaign and presented Certificates of Appreciation to various county departments. 10:00 – 6 Resolution proclaiming the week of March 28 – April 3, 2005 as National Community Development Week in Kitsap County. Staff Contact: Deb Heller, 337- 4667. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 068-2005* thereby proclaiming the week of March 28 – April 3, 2005 as National Community Development Week in Kitsap County. Motion carries. ITEMS SET FOR TIME CERTAIN: 10:00) A Public hearing to consider a Resolution amending the 2005-2006 Biennial Budget increasing expenditures in all funds in the amount of $7,106,797 in 2005 and $93,584 in 2006. Total Fiscal Impact: Increase 2005 appropriations by $7,106,797 across all funds and increase 2006 appropriations by $93,584 across all funds. Source of Funds: All. Staff Contact: Ben Holland, 337-4504. Arley Bright, Budget Manager, gave a brief overview of the proposed budget amendment. Discussion was held, comments called for and hearing no objection, a motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 069-2005* thereby amending the 2005-2006 Biennial Budget increasing expenditures in all funds in the amount of $7,106,797 in 2005 and $93,584 in 2006. Motion carries. 10:00) B Public hearing to consider an Ordinance regarding a corrective amendment to the Kitsap County Code relative to Business Center (BC) use. Total Fiscal Impact: $0. Source of Funds: N/A. Staff Contact: Eric Baker, 337-4495. (NOTE: AT REQUEST OF STAFF, THIS MATTER IS CONTINUED TO APRIL 11, 2005). 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 Chair Endresen that the Board: A. Approve Minutes of March 14, 2005. B. Approve Warrant Nos. 3171048 through 3172067 in the amount of $3,491,077.39. C. Refer the following to the Prosecutor's Office and Risk Management: 1) Summons, Petition for Removal and Request for Jury Trial filed by West Sound Narcotics Enforcement Team and the Kitsap County Sheriff's Office; 2) Claim For Damages filed by Tracy Ann Brown; 3) Claim for Damages filed by William G. Brant; 4) Claim for Damages filed by Karen Lynn Loyd; 5) Summons, Complaint for Breach of Civil Rights and Breach of Contract by Failure to Provide Loudermill Hearing and to Vacate Arbitration Award filed by Craig and Anne Montgomery and the Kitsap County Deputy Sheriffs Guild; and 6) Summons and Complaint filed by John Thomas Morrison, Executor of the Estate of Margaret H. Morrison. Motion carries. 2) DEPARTMENT OF EMERGENCY MANAGEMENT: A. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the contract amendment with WA State Military (KC- 267-03D) Homeland Security Supplemental Phase 2 contract adding pre-approved equipment purchases to the contract equipment budget. Total Fiscal Impact: None. Source of Funds: WA State Military Federal Grant. Staff Contact: Phyllis Mann, 307-5870. Motion carries. 3) SHERIFF'S OFFICE: A. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the interlocal agreement amendment with the Traffic Safety Task Force (KC-590-02A) targeting, apprehending and successfully prosecuting individuals guilty of traffic infractions in general and in particular, individuals guilty of driving under the influence, occupant protection and underage drinking. Total Fiscal Impact: N/A. Source of Funds: N/A. Staff Contact: Dennis Bonneville, 337-3211. Motion carries. 4) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 070-2005* thereby establishing five (5) new positions in Central Communications (CenCom) and downgrading a position in the Department of Community Development. Total Fiscal Impact: 1) 2005 cost is $257,450 including salary, benefits and training costs; 2006 costs is $315,646 including salary and associated benefits costs; and 2) None. Source of Funds: 1) Kitsap County Fire Districts and 2) None. Staff Contact: Lynn Flanig, 337-7185 x3536. Motion carries. B. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 071-2005* thereby amending the annual leaves benefits for Jerry Hauth established via Resolution No. 107-2004. Total Fiscal Impact: No additional fiscal impact. Source of Funds: 2005 Budget. Staff Contact: Lynn Flanig, 337-7185 x3536. Motion carries. C. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 072-2005* thereby amending the Department of Emergency Management reorganization effective dates established via Resolution No. 055-2005 from February 1, 2005 to April 11, 2005 allowing for candidate recruitment and selection by the new effective date. Total Fiscal Impact: None. Source of Funds: None. Staff Contact: Lynn Flanig, 337-7185 x3536. Motion carries. D. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the Workforce Investment Act agreement with Olympic Consortium and Northwest Workforce Development Council (KC-121- 05) providing a part-time staff person to work on developing and maintaining local employers organized labor, schools and public agencies for the marine skills panel alliance for Marine Manufacturing and Technology for the period of December 1, 2004 through august 31, 2005. Total Fiscal Impact: $15,164 is 100% Grant Funded. Source of Funds: Workforce Investment Act. Staff Contact: Bob Potter, 337-4873. Motion carries. E. Discussion was held, comments received and hearing no objection, a motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the Workforce Investment Act agreement with Olympic Consortium and Workforce WA Association (KC-136-05) for the in-demand Scholars Program for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $49,066 is 100% Grant Funded. Source of Funds: Workforce Investment Act. Staff Contact: Bob Potter, 337-4873. Motion carries unanimously. F. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the interlocal agreement amendment with the Educational Service District #105 (KC-239-04A) extending the contract end date to June 30, 2005 to enhance the Juvenile Services Mentoring Program. Total Fiscal Impact: $0. Source of Funds: NW High Intensity Drug Trafficking Area. Staff Contact: Mary Ellen de al Pena, 337-4878. Motion carries. 5) DEPARTMENT OF PUBLIC WORKS: A. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the interlocal agreement with Manchester Water (KC-155-05) for the installation of a waterline in conjunction with the SE Mile Hill Drive improvement project in South Kitsap Commissioner District #2. Total Fiscal Impact: Minimal. Source of Funds: Road Fund. Staff Contact: Dick Dadisman, 337-5777 x3556. Motion carries. B. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and executes the contract amendment with WA State Department of Transportation (KC-477-04A) obligating additional funds for Newberry Hill Road (West) Safety Traffic operations in Central Kitsap Commissioner District #3. Total Fiscal Impact: $300,408. Source of Funds: Federal Funds. Staff Contact: Dick Dadisman, 337-5777 x3556. Motion carries. C. Discussion was held, comments received and hearing no objection, a motion is made by Commissioner Lent and seconded by Chair Endresen that the Board adopts Resolution No. 073-2005* thereby implementing the Waste Reduction Guidelines for County Departments pursuant to Ordinance No. 233-1999. Total Fiscal Impact: N/A. Source of Funds: N/A. Staff Contact: Gretchen Olsen, 337- 5777 x4626. Motion carries. 6) CLERK'S OFFICE: A. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Wecker Hunko Bougher Law Firm (KC-099-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $303,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. B. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Rovang Fong Law Firm (KC-102-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $303,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. C. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Ness & Associates Law Firm (KC- 103-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $303,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. D. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Jeniece LaCross Law Firm (KC-104- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $121,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. E. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with David LaCross Law Firm (KC-105- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $121,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. F. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Case & Hemstreet Law Firm (KC- 107-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court for the period of January 1, 2005 through December 31, 2009. Total Fiscal Impact: $303,000. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. G. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Wecker Hunko Bougher Law Firm (KC-123-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $148,840. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. H. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Steve Tyner Law Firm (KC-124-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $22,440. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. I. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with James Reese, III Law Firm (KC-125- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $67,200. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. J. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Ness & Associates Law Firm (KC- 126-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $67,200. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. K. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Jeniece LaCross Law Firm (KC-127- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $22,440. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. L. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with David LaCross Law Firm (KC-128- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $22,440. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. M. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Kerry Stevens Law Firm (KC-132-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County District Court for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $22,440. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. N. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Steve Tyner Law Firm (KC-114-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court Juvenile Division for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $22,440. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. O. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Stephen Greer Law Firm (KC-130- 05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court Juvenile Division for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $57,600. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. P. A motion is made by Commissioner Lent and seconded by Chair Endresen that the Board approves and ratifies the contract with Wecker Hunko Bougher Law Firm (KC-131-05) regarding legal representation of indigent persons charged with crimes of offenses in the Kitsap County Superior Court Juvenile Division for the period of January 1, 2005 through December 31, 2006. Total Fiscal Impact: $100,920. Source of Funds: General Fund. Staff Contact: Joanne Cruz, 337-7015. Motion carries. 7) COUNTY DEPARTMENTS REPORT: A. Summary report from the Department of Facilities, Parks & Recreation. Staff Contact: Cris Gears, 337-5361. 8) 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. Rev. Clinton Bush addresses the Board with concerns regarding the upcoming Financial Seminar at the Kitsap County Pavilion. B. Jerry VanFossen invites the Board and public to an upcoming "flagpole dedication "scheduled for April 9, 2005. C. Jeff McCormick, Homebuilders Association, thanks Chair Endresen for attending the Low Impact Development Workshop in Port Hadlock and thanks the Parks and Recreation Department for its support of the recent Home & Garden Show. 9) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Lent said she attended/participated in or will be attending the following meetings: Central Kitsap Community Council Retreat, Welcomed home National Guard returnees, 2060 Funds Review Committee, Luncheon at Bangor Base, Stavis Creek public meeting, Base Realignment & Closure meeting, Puget Sound Regional Council Awards Dinner, Parkwood East Neighborhood Association and Military Appreciation Day. B. Chair Endresen said she attended/participated in or will be attending the following meetings: Hood Canal Coordinating Council Annual Environmental Awards, Bremerton Arts Walk, Puget Sound Regional Council Awards Dinner, Low Development Impact Workshop, Yard Amnesty Day at North Mason Fiber, Bio- Terrorism Training & Drill and the 2nd Annual Kitsap County Leadership Forum. Public meeting adjourned at 11:20 AM. 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: 3/28/05 2:00 PM Admin Briefing – Commissioners Conference Room 3/30/05 8:30 AM Work Study – Public Works Conf Room 3rd Floor 3/31/05 9:00 AM Kitsap Reg. Coord Council Leadership Forum- Brem Gov Ctr 4/01/05 10:00 AM Hood Canal Coord Council Awards –S'Klallam Longhouse 4/04/05 8:00 AM Admin Briefing – Commissioners Conference Room 12:00 PM Lunch with Elected Officials 2:00 PM Admin Briefing – Commissioners Conference Room 4/05/05 8:00 AM Kitsap Executive Council 4/06/05 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 April 11, 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) APRIL 11, 2005: 10:00) A Public hearing to consider a Conditional Waiver Application filed by Mark Gilman from the View Blockage Requirements of the Kitsap County Code Chapter 17.450. The proposed project is located at 14594 Treetop Lane in Central Kitsap Commissioner District # 3. Staff Contact: Renee Beam, 337- 4967. KITSAP COUNTY COMMISSIONERS MINUTES, MARCH 28, 2005 Page 79 Page 70