M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS January 27, 2003 The Board of Commissioners met on the above-stated date. Present were Commissioner Chris Endresen Patty Lent, Commissioner Patty Lent, County Administrator Malcolm Fleming, Clerk of the Board, Holly Anderson and Deputy Clerk of the Board, Opal Robertson. (THE BOARD OF COMMISSIONERS' PUBLIC MEETINGS AND PUBLIC HEARINGS ARE AUDIO AND VIDEO TAPED). ITEMS SET FOR TIME CERTAIN: 10:00) Meeting Called to Order with Pledge of Allegiance. 10:00) A Employee Service Awards. Congratulations and Certificates of Appreciation were presented to the following employees for their many years of service to Kitsap County: Terri Lyman, Administrative Services; LaDesa Hosford, Auditor's Office; Stephen Abernathy, Community Development; Judge James Riehl, District Court; Etene Taimalelagi, Juvenile Services and Lisa Moses and Donald Paterson, Public Works. 10:00) B Proclamation/Resolution proclaiming the week of January 27-31, 2003 as "Local History Awareness Week in Kitsap County." Carolyn McClurkin, Kitsap County Historical Society President, gave a brief overview of the celebration services, thanked the Board for recognizing the Historical Society's birthday celebration and invited everyone to visit the local museum. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 012-2003* thereby proclaiming the week of January 27-31, 2003 as "Local History Awareness Week in Kitsap County." Motion carried. 10:00) C Continuation of the public hearing (for decision only) to consider a Petition to Vacate a portion of Trenton Avenue NE filed by Thomas Williams. The portion requesting to be vacated is approximately 3,348 square feet (20 feet wide by 167.38 feet long). The road is opened and is maintained by Kitsap County, however, the constructed road which is approximately 16 feet in width lies entirely within the east half of the 60-foot right-of-way. The approval of the vacation will not deny access to the abutting property owners. The proposed vacation is located in Central Kitsap, Commissioner District No. 3. Net Fiscal Impact: $4,970. Source of Funds: Petitioner. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves the Petition to Vacate a portion of Trenton Avenue NE filed by Thomas Williams. Motion carried. 10:00) D Public hearing to consider the "innocent purchaser" status for Rob Grant and Danita Feddock regarding the 1988 purchase of an illegally created lot in South Kitsap, Commissioner District No. 2. Net Fiscal Impact: $0. Source of Funds: $0. Kelly Robinson, Department of Community Development, said this hearing is the result of a lot created illegally in 1980 by segmentation and without going through the proper short plat procedures and other county ordinances/requirements. In 1988, Robinson said the applicants purchased this lot along with another lot that included a house. He said they were unaware that this was an illegally created lot. He said the lot did not have access but a subsequent legal access was created behind the lot with the house. Robinson said a building permit application was submitted but on review, it was determined that the lot was illegally created and permit could not be issued. He states however, the code does provide for a process whereby the applicants may appear before the Board of Commissioners requesting an innocent purchaser status. Relative to this "status", Robinson said the code sets forth three requirements besides public notice: 1) that the lot is purchased at market value not reflecting the illegal division; 2) the purchasers exercise reasonable diligence but is unaware of legal division; and 3) the public interest will not suffer. Robinson said if this lot had not been created illegally, it could have been legally created under the county's short platting regulations. Danita Feddock, applicant, said she purchased the property in 1988 and at the time considered the second lot for a future building site or to sell as a separate lot. She said the property was sold in 2001 and during the same time an easement was put in place for building purposes on the other lot. She said the lot has been taxed as a buildable lot. Anthony Miles, Coldwell Banker Realty, said he has a client interested in developing this lot, this has been a very long process and the client has already missed quite a bit of building time. Miles asked if the Board would consider delegating this matter to staff and perhaps have them to do this in the future so they would not have wait an additional six months to build on the lot. Discussion was held between the Board about moving this process along quickly, how lots can be created that are not legal building lots and review of the county's process to prevent this from happening in the future. Vivian Henderson supports approving this lot. Ron Loren said he purchased the property a year ago and is concerned about the affect it would have on him. Relative to the easement, he said it should be noted that there is a natural drain that was not disclosed when he purchased the property. Christina Royer said there is a natural tree barrier between the properties with the majority being located on her lot and is concerned that a survey be conducted to ensure that no trees are taken down on her property. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approve the "innocent purchaser" status for Rob Grant and Danita Feddock regarding the 1988 purchase of an illegally created lot. Motion carried. OPPORTUNITY FOR PUBLIC COMMENTS: (Please limit comments to 2minutes) A. Ron Ross addressed the Board with concerns about the cost share and breakdown of the County offices proposed to occupy the new building in Bremerton. He did not believe that this project was well thought out. B. Fred Depee addressed the Board with concerns about three areas of planning in the South Kitsap, ULID #6, McCormick Woods area and the Berry Lake area. C. Ann Pickens addressed the Board with concerns about developing their property in South Kitsap. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board: A. Approve Minutes of January 13, 2003. B. Approve Warrant Nos. 3038384 through 3039509 in the amount of $2,993,093.97. Motion carried. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 013-2002* thereby changing the Supplemental Pension Fund Assessment. Net Fiscal Impact: $79,344. Source of Funds: General Fund (departmental salary & benefits) and Worker's Compensation Fund. Motion carried. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopt Resolution No. 014-2003* thereby authorizing the issuance and sale of limited tax general obligation bonds in the principal amount of $10,180,000 to provide a portion of the financing to a) construct an addition to the county jail; $7.5 million and b) construct and equip an annex building for the Public Works Department; $2.5 million and to pay the costs of issuing the bonds, providing the form and terms of the bonds; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and authorizing the sale of the bonds. Net Fiscal Impact: $10,180,000. Source of Funds: Motion carried. C. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 015-2002* thereby changing the per hour per employee contribution rate to the Workers' Compensation Operating Fund. Net Fiscal Impact: No expenditures are required until there is a Workers Comp claim. Source of Funds: Varies by Department. Motion carried. D. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract amendment with J&S Masonry, Inc (KC-400-01B) for the jail expansion project. Net Fiscal Impact: $100,379. Source of Funds: Jail Construction Fund. Motion carried. E. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the Interlocal Cooperative Purchasing agreement with WA School Information Processing Cooperative (KC-033-03) allowing both parties to utilize each other's contracts when it is in their mutual interest for cooperative purchasing. Net Fiscal Impact: Varies by depart. Source of Funds: Various. Motion carried. F. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract amendment with Grant Solutions.com (KC-009-02A) for professional services for grant research and writing services. Net Fiscal Impact: $87,750 cost versus potential of $1,500,000 in grants funds per year. Source of Funds: General Admin & Operations. Motion carried. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopt Resolution No. 016-2003* thereby appointing Cynthia Ayers to the Kitsap County Commission on Children and Youth for a 3-year term ending January 26, 2006 representing Commissioner District No. 3. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. B. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the Memorandum #3 to the Collective Bargaining Agreement with the Kitsap County Deputy Sheriff Guild (KC-478-00G) to provide 40 hours of annual leave carryover for a sheriff deputy. Net Fiscal Impact: No salary or salary related costs associated with this action. Source of Funds:. Motion carried. C. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract with Gerard, Jones & Short Law Firm (KC-019-03) for the 2003 senior legal services program for the period of January 1, 2003 through December 31, 2003. Net Fiscal Impact: N/A. Source of Funds: Older Americans Act. Motion carried. D. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract with Kitsap Community Resources (KC-022-03) to provide volunteer opportunities for school- age youth, particularly those at risk of becoming involved in the juvenile justice system. Net Fiscal Impact: $40,000. Source of Funds: County General Fund (1/10% or 1% sales tax). Motion carried. 4) JUVENILE SERVICES: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the Interlocal agreement with the Educational Service District #101 (KC-330-02) for Corrections Learning Network. Net Fiscal Impact: $0. Source of Funds: General Fund. Motion carried. 5) FACILITIES, PARKS AND RECREATION: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approve and executes Interlocal with Kitsap County Consolidated Housing Authority (KC-561-02) to help fund the acquisition of the Fort Ward Parade Grounds. Net Fiscal Impact: $50,000. Source of Funds: 1999 LTGO Bond Fund (Conservation Futures). Motion carried. 6) AUDITOR'S OFFICE: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 017-2003* thereby closing the Petty Cash Fund for the Kitsap County Department of Administration-Mailroom. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. 7) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 018-2003* thereby accepting KC- 340-02, Little Boston Road NE widening and reconstruction, County Road Project 1533, as complete. Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. 8) CLERKS'S OFFICE: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract with Steven Tyner, Attorney (KC-029-03) for indigent criminal defense/legal representation. Fiscal Impact: $28,200. Source of Funds: Motion carried. B. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract with La Cross & La Cross Law Firm (KC-028-03) for indigent criminal defense/legal representation. Fiscal Impact: $56,640. Source of Funds: General Fund. Motion carried. 9) PROSECUTOR'S OFFICE: A. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approves and executes the contract with Yarmuth Wilsdon Calfo PLLC (KC-009-03) for legal services relative to county solid waste issues in connection with the transfer station development and waste disposal project. Fiscal Impact: Not to exceed $30,000. Source of Funds: Solid Waste. Motion carried. 10) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Susan Evans, Puget Sound Genealogical Society, asked the Board for help in finding office space for the society and its library. B. Vivian Henderson questioned the Board as to why there was no display on the evolution of the courthouse located in the courthouse complex. She also addressed the Board with concerns about burn bans outside the urban growth areas. C. Ron Ross continued with his earlier comments regarding the County offices proposed to occupy the new government center building in Bremerton. He suggested renting space as opposed to new construction. D. Larry Scott questioned the status of the proposed Gig Harbor Gun Club. 11) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 019-2003* thereby reappointing Scott Rhodes to the Southworth Ferry Advisory Committee for additional term ending January 20, 2007 representing South Kitsap, Commissioner No. 2. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. B. Recess to executive session at 1:30 PM to discuss personnel and litigation issues. Chris Endresen, Chair Pro Tem announced that the Board would go into executive session from 1:30PM through 2:30 PM and did not expect to reconvene for further action by the Board. C. Recess to executive session on Monday, February 3, 2003 at the hour of 10:10 AM to discuss litigation issues. The executive session began at 10:10 AM and ended at 10:25 AM. 12) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Lent gave highlights of the Historical Society celebration and said she would be attending a conference in New Orleans later in the week. Public meeting adjourned at 11:10 AM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON __________________________________ JAN ANGEL, CHAIR __________________________________ CHRIS ENDRESEN, COMMISSIONER __________________________________ PATTY LENT, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 58 ** See Ordinance Journal Volume No. 12 OTHER MEETINGS ATTENDED BY THE BOARD: 01/27/03 12:00 PM Lunch w/Elected Officials – Twetens 1:30 PM Executive Session – BCC Conference Room 2:00 PM Admin Meeting – BCC Conference Room 01/29-31/03 Smart Growth Conference – New Orleans, LA 02/03/03 10 :00 AM Monday AM Briefing – BCC Conference Room 2:00 PM Admin Meeting – BCC Conference Room 7:30 PM City of Port Orchard Meeting – P O Chambers 02/04/03 8:00 AM Kitsap Executive Council – Eagles Nest, Bremerton 02/05/03 8:00 AM Shared Strategies Meeting – Sheraton Hotel, Tacoma 02/06/03 8:00 AM Shared Strategies Meeting – Sheraton Hotel, Tacoma NEXT BOARD OF COMMISSIONERS MEETING WILL BE FEBRUARY 10, 2003. 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) 337-4428 OR TDD (360) 337-7275 OR 1-800-816- 2782. (PLEASE PROVIDE TWO WEEKS NOTICE FOR INTERPRETER SERVICES). UPCOMING TIMED AGENDA ITEMS: (PLEASE NOTE: These dates and times are tentative and subject to change) FEBRUARY 10, 2003: 10:00) A Public hearing to consider an Ordinance amending and adding new sections to Chapter 2.02 of the Kitsap County Code relating to meetings of the Board of County Commissioners. Net Fiscal Impact: Approximately $5,000 annually saved by reducing regular board meeting schedule. Source of Funds: All funds. 10:00) B Public hearing to consider a Petition to Vacate a portion of East Main Street filed by Scot & Teri Stevens and Windmark Homeowner's Association. The portion requesting to be vacated is approximately 7,492 square feet (149.83'X50') and is unopened, covered with native vegetation and not maintained by Kitsap County. Approval of the vacation petition will not deny access to the abutting property owners. The proposed vacation is located in South Kitsap, Commissioner District No. 2. Net Fiscal Impact: $8,950. Source of Funds: Petitioner. 10:00) C Closed Record Appeal hearing to consider the Hearing Examiner's decision regarding the application for a Shoreline Substantial Development Permit, filed by the Department of Natural Resources to conduct commercial harvest activities of sub-tidal geoduck clams in specific areas along the shorelines of Kitsap County. The Board of Commissioners' remanded the matter for the preparation and submittal of the Supplemental Environmental Impact Statement (SEIS) on December 7, 1998 and the Hearing Examiner rendered a Decision on Remand denying the application on November 25, 2002. FEBRUARY 24, 2003: 10:00) A Public hearing to consider the application filed by Sandy Park Community Club for a franchise for a period of twenty-five (25) years to construct, operate and maintain water pipelines for a water system in, under, along and over the public roads and highways in Sections 31 and 32, of Townships 25 and 26 Range 2 East, Kitsap County, Washington, Commissioner District No. 1. KITSAP COUNTY COMMISSIONERS MINUTES, JANUARY 27, 2003 Page 18 Page 10