M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS February 10, 2003 The Board of Commissioners met on the above-stated date. Present were Chair Jan Angel, 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 of the Month for February (Carolyn Siems and Marilyn Osborn, Administrative Services). Congratulations and Certificates of Appreciation were presented to Carolyn Siems and Marilyn Osborn, Administrative Services on selected employees of the month for February. 10:00) B 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. Malcolm Fleming, County Administrator, said this ordinance would formulize in the County Code the change to the public meeting schedule that the Board adopted by resolution in December of last year. He said this is a trial basis to look at of holding the regular public meetings every other Monday instead of every Monday. Fleming said the Board agreed to try this method through March and at that time would re-evaluate whether to continue this schedule. He said the Board would continue to have working sessions on the Mondays not scheduled for its regular, televised meetings as well its Monday afternoon briefing and the Wednesday work- study sessions. Fleming felt there would be slight savings with this change as well as free up staff time. Discussion was held between the Board and Fleming regarding possible problems with the every other Monday meeting such as clarity and consistency for citizens, bumping applications further down if an publication deadline is not met and having the Board's agenda posted on the web page and in the regional library. Vivian Henderson said she is somewhat skeptical about having regular board meetings every other Monday. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board enact Ordinance No. 294-2003 thereby amending and adding new sections to Chapter 2.02 of the Kitsap County Code relating to meetings of the Board of County Commissioners. Motion carried unanimously. 10:00) C 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. Jim Barnard, Development Engineering Division, said this is a 50-foot right-of-way with the north fifty feet being acquired by Kitsap County via right-of-way deed. He said the south twenty-five feet was dedicated as part of the plat. Barnard said there are existing utilities in the right of way and that the county would be reserving utility and storm drainage easement over the entire area. He said SSWM is concerned about the storm water in the area and has requested the right to review any plans for installing or repairing the existing storm water system. Barnard said the power company has indicated it would like to keep the utilities easement. Tracy Digiovanni, representing Darryl and Marilyn Gold, owners of the property to the east of the proposed site said it consists of two separate lots. She said her clients have concerns about the view as well as the setback requirements. She said they would like to keep the same setback requirements that currently in place on lots 5 and 6 and the area opposite those sites that are 20 feet from the right-of-way. Digiovanni said if the area is vacated then the boundary line becomes the centerline of the proposed vacated area and building could occur up to that area. She is also concerned about requiring a view easement regarding vegetation on the proposed vacation site. She felt there should be some sort of restriction as well as language that would require the owners of the property to maintain the required vegetation height to the restrictive limit. She said if the property owners did not maintain the restrictive limit, then the people impacted could send a written notice asking that the restrictive limit be complied with. She said they were not opposing the vacation provided the views are preserved. Digiovanni read a letter into the record on behalf of her clients. Richard Shattuck, representing the Stevens', states the law provides and requires the Board to place provisions and limitations on any vacation to address existing easements and storm water needs. According to the zoning ordinance, Shattuck said there are already limitations placed on this property under the Manchester Community Plan. He said the Plan states that newly planted row trees and shrubbery may not be maintained in a way that significantly impacts existing view from neighboring properties. He said relative to building requirements, the Plan places limitations on any building if there is existing views of downtown Seattle, the Cascades Mountains, Mount Rainier or the Puget Sound from the subject property or an adjacent property. Shattuck said there is never going to be a road built down this area, it should be vacated and there is already protection in place to provide what the Gold family is asking for. Discussion was held regarding whether the proposed vacation is within the boundaries of the Manchester Community Plan, whether the Plan was adopted as a part of the zoning code or the comprehensive plan, whether the sections referenced by Shattuck are a part of the zoning code or the community plan, discussing the information received today with legal counsel, whether this vacation was considered in conjunction with the Manchester Plan, a possible view ordinance for the county, the setback requirements and vegetation in the area. Digiovanni said another reason for maintaining height on the vegetation is due to significant utilities that are aligned in the right-of-way area. The public hearing is continued to February 24, 2003 for further discussion and possible decision. 10:00) D 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. Chair Angel explained the Closed Record Appeal process. Joe Panesko, WA State Assistant Attorney General representing the Department of Natural Resources (DNR), said the Hearing Examiner 's denial was based on the grounds that DNR had not provided him with an independent review of its materials. He believes the Hearing Examiner's ruling is legally unsustainable and factually incorrect. He said the State's Geoduck Program as specifically set forth in the Supplemental Environmental Impact Statement received extensive independent review over the drafting process of the document from 1999 through 2001 inclusive of expert review by an expert retained by county staff. He said there is no legal requirements in any of the county ordinances or state laws and regulations requiring an applicant to obtain a third party review for a substantial development permit of the applicant's own materials. He said the Hearing Examiner did not identify any missing information or any inconsistency between DNR's application and the applicable criteria under the Shoreline Management Master Program. He said DNR is legally required to its permit and requests the Board reverse the Hearing Examiner's denial and grant the permit with those conditions as proposed by DNR. Panesko then gave a brief history of this application stating that this matter was remanded to DNR for two specific issues: 1) Did geoduck harvest have any impact on salmon species that were at that time proposed to be listed under the Endangered Species Act; and 2) To address whether illegal poaching of geoduck resource have any impact on the resource and whether the State's program considered this impact. He said DNR and the Department of Fish and Wildlife extensively reviewed and updated the management plan and the Environmental Impact Statement (EIS) that resulted in the Supplemental EIS. He said the Supplemental EIS lays out extensively how the geoduck program does not pose any substantial impact to salmon species and the enforcement program is very strict. Panesko said DNR has addressed the two points for which this permit was remanded in 1998 and the record has substantial materials showing that the geoduck program does not harm other species and that the State manages the resource for long-term sustainability. He said despite ample opportunity, no evidence has been submitted to this record establishing that any element of the master program controlling this permit application is violated. Renee Beam, Department of Community Development, gave an overview of this permit application stating that it began in 1991 and is a 12-year project instead of 5. She said during 1991, the WA State Department of Natural Resources applied for a permit to conduct geoduck harvesting on eighteen separate tracts consisting of approximately 2,500 acres of sub-tidal aquatic beds. The Board of Commissioners denied the permits after the hearing in 1991 and the Shoreline Hearings Board over-turned the ruling of Kitsap County ordering it to issue the permits. She said the County subsequently filed an appeal against the Shorelines Hearings Board and DNR in Superior Court. During the time the matter was in Superior Court, the parties came together and agreed to a "test harvest" of four separate tracts in order to determine the impacts if any of the harvesting on surrounding shoreline properties. Beam said the tests were conducting in 1993-1994 and that in 1997 commercial geoduck harvesting was again brought before Kitsap County for review. At the conclusion of the public hearing and in its decision, the Board remanded the permit applications to DNR for additional environmental review. The Hearing Examiner held the remand hearing and denied the application specifically stating that the application for shoreline substantial development permit lacked sufficient evidence to justify the granting of a permit at this time. Beam listed the Hearing Examiner's Findings of Fact that are under appeal that included findings #6, #9, #12, #13 and Conclusion #2. Discussion was held between the Board and Panesko regarding the remand to DNR, condition #5, the natural reseeding process, hy-grating, monitoring boat on track, harvest vessels not leaving the area until its been checked by DNR, harvesting off tracts, spot checking not occurring on a regular basis, constantly changing data, tracts being subject to tribal harvest, why DNR have not harvested near state parks, the difference in the ecosystems, the tracts being allowed to recover to its 100% level, the number of geoduck harvesting tracts, juvenile geoducks, lack of information on reseeding efforts, DNR model not relying on reseeding and ALEA Grant funding. Discussion was held among the Board members regarding whether the Hearing Examiner addressed the correct issues, geoduck recovery time, possibly remanding the matter to the Hearing Examiner and work with legal counsel to ensure that the Board had the appropriate points that it wanted the Hearing Examiner to address. Panesko said if this matter is remanded to the Hearing Examiner, requested that the Board ask him to render a new decision based on material before him and is opposed to further delaying this application. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board remand this matter to the Hearing Examiner and after consulting with legal counsel will render a formal remand decision addressing the points for the Hearing Examiner to consider and act on at the February 24, 2003 public meeting. Motion carried unanimously. OPPORTUNITY FOR PUBLIC COMMENTS: (Please limit comments to 2minutes) A. John Ahl questioned if he is allowed to give an editorial comment on the Geoduck Appeal. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A. Approve Minutes of January 27, 2003. B. Approve Warrant Nos. 3041138 through 3042001 in the amount of $2,587,917.97. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Claim for Damages filed by Anthony Milton Campbell; 2) Mary Linda Richards; 3) Summons, Petition for Removal and Request for Jury Trial and 4) Claim for Damages filed by Louis Triebenbach. Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board adopts Resolution No. 20-2003* thereby reallocating funds within the General Fund to various department cost centers. Net Fiscal Impact: $230,069. Source of Funds: Gen Admin & Operations. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the contract with Summit Fence Company (KC-037-03) for fencing, gates and operators for the Kitsap County Jail Expansion and Renovation, Bid Package 4.6. Net Fiscal Impact: $96,365. Source of Funds: Jail Construction Fund. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the contract amendment with Summit Fence Company (KC-037-03A) for fencing, gates and operators for the Kitsap County Jail Expansion and Renovation, Bid Package 4.6. Net Fiscal Impact: $86,763 (credit). Source of Funds: Jail Construction Fund. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and execute the contract with the Department of Social & Health Services (KC-015-03) implementing the 2003 Area Plan for the Aging Services program. Net Fiscal Impact: $0. Source of Funds: Older Americans Act for a maximum consideration of $495,035. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the interlocal agreement amendment with Olympic Educational Services District #114 (KC-291-01) adjusting the line item budget so that the agency can continue to provide services to enrolled clients without disruption. Net Fiscal Impact: None – State & Federal funds from the Div of Alcohol and Substance Abuse that the County administers to provide services. Source of Funds: State and Federal Funds. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board adopts Resolution No. 21-2003* thereby reclassifying a position in the Office of the Coroner. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. D. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board adopts Resolution No. 22-2003* thereby establishing general wage adjustment for certain non-represented employees. Net Fiscal Impact: $487,098. Source of Funds: General Fund, Road Fund and Multiple Non-General Funds. Motion carried unanimously. E. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the contract with Olympic Consortium and Olympic College (KC-587-02) with Kitsap County serving as administrative entity to provide services under the Workforce Investment Act to residents of Kitsap County. Net Fiscal Impact: $0. Source of Funds: Workforce Investment Act Federal pass-through grant in the amount of $58,533. Motion carried unanimously. F. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the contract with Olympic Consortium and WA State Employment Security Department (KC-531-02) sharing fixed costs for operations at the Work Source Office in Jefferson County and computer technical support in Clallam, Jefferson and Kitsap Counties for the period of October 1, 2002 through September 30, 2004. Net Fiscal Impact: $0. Source of Funds: Workforce Investment Act Federal pass-through grant in the amount of $29,819. Motion carried unanimously. 4) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the Interlocal agreement with Mason County to provide residential moderate risk waste collection and disposal opportunities. Net Fiscal Impact: $0. Source of Funds: Mason County ($120 per documented customer). Motion carried unanimously. 5) TREASURER'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board adopts Resolution No. 23-2003* thereby authorizing the Kitsap County Treasurer to cancel delinquent uncollectible personal property taxes in Kitsap County. Net Fiscal Impact: Loss of county's portion of taxes. Source of Funds: N/A. Motion carried unanimously. 6) JUVENILE SERVICES OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and execute the contract amendment with Kitsap Mental Health Services (KC-361-99C) to provide Functional Family Therapy to eighteen (18) moderates to high-risk youth and their families utilizing Community Juvenile Accountability Act funds. Net Fiscal Impact: included in the 2003 Juvenile Dept budget. Source of Funds: DSHS, Juvenile Rehab Admin, Community Juvenile Accountability Funds in the amount of $36,900. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and execute the contract amendment with Kitsap Mental Health Services (KC-013-02A) to provide Functional Family Therapy to fourteen (14) moderates to high-risk youth and their families utilizing Juvenile Accountability Incentive Block Grant funds. Net Fiscal Impact: included in the 2003 Juvenile Dept budget. Source of Funds: DSHS, Juvenile Rehab Admin, Juvenile Accountability Incentive B.G. Funds in the amount of $28,700. Motion carried unanimously. 7) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent the Board approves and executes the contract amendment with The Department of Ecology (KC-331-02A) to conduct an In-stream Flow Assessment (step B) in support of the Kitsap Peninsula Watershed Plan pursuant to Watershed Planning Act. Net Fiscal Impact: $75,000. Source of Funds: DOE grant. Motion carried unanimously. 8) CENTRAL COMMUNICATIONS OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approves and executes the contract with WA State Military (KC-045-03) for emergency planning and preparation for Kitsap County and its four cities. Net Fiscal Impact: $0. Source of Funds: FEMA grant in the amount of $39,187. Motion carried unanimously. 9) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) B. James Tracy addressed the Board with concerns about water rights regarding a Central Valley convenience store. C. Vivian Henderson addressed the Board with concerns about the Shared Strategies Conference. 10) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: 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 adopts Resolution No. 24-2003* thereby appointing Vivian Morrison to the Kitsap County Council for Human Rights representing Commissioner District #1 to a 3-year term ending January 31, 2006. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. B. The Board of County Commissioners will reconvene (immediately following public meeting) as the Industrial Development Corporation Board in its chambers to conduct business deemed necessary by this board. Rich Hanna, Budget Manager, gave an overview of the Industrial Development Corporation Board and expected to receive the first financing from the Board within the next month. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board adopt Resolution No. 2003-1 (IDC) electing the following slate of officers for the Industrial Development Corporation Board: President – Commissioner Angel, Vice President – Commissioner Endresen and Secretary/Treasurer – Commissioner Lent. Motion carried unanimously. 11) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Lent gave a brief highlight of her week including touring the Olympic View Landfill facility, attending the Kitsap Regional Coordinating Council meeting, attending the Drug Court graduation ceremonies and attending the children's summit at Marcus Whitman Jr. High School. B. Commissioner Endresen mentioned that Paul Nelson received an award at the Shared Strategies Conference. C. Chair Angel said she teleconferenced from home to various meetings while she was convalescing at home. She thanked all for their cards and well wishes. D. Recess to executive session at 2:00 PM to discuss personnel issues. The executive session began at 2:00 PM and ended at 2:30 PM. The Board again recessed to executive session at 4:15 PM and ended at 4:45 PM. Public meeting adjourned at 11:55 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: 02/10/03 12:00 PM Lunch w/Employee of the Month (M. Osborn, C. Siems) 1:30 PM Group Photo Session– BCC Conference Room 2:00 PM Admin Meeting – BCC Conference Room 02/11/03 10:00 AM National Resources Mtg – BCC Conference Room 11:00 AM New Building Space Mtg – BCC Conference Room 1:00 PM Compensation Committee Report - PW 3rd Fl Conf Rm 02/12/03 8:00 AM Retreat – Kitsap Federal Credit Union – East Bremerton 02/13/03 12:00 PM Legislative Rally – Olympia 5:00 PM Legislative Reception – Phoenix Inn, Olympia 7:00 PM Legislative Dinner – Budd Bay Cafι, Olympia 02/14/03 8:00 AM Legislative Rally – Olympia 02/17/03 Presidents Day Holiday!!! 02/18/03 8:00 AM Kitsap Consolidated Housing Authority – Housing Ofc 1:00 PM Port of Bremerton (Seabeck Master Plan) – BCC Conf Rm 02/19/03 9:00 AM Work Study Session – PW 3rd Floor Conference Room 12:30 PM League of Women Voters Lunch – Kim Able's 02/20/03 11:30 AM Bremerton Chamber Lunch – Gold Mt. Golf Course 6:00 PM Kitsap Regional Coord Council Dinner –Island Lake NEXT BOARD OF COMMISSIONERS MEETING WILL BE FEBRUARY 24, 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 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. 10:00) B Public hearing to consider a Resolution vacating a portion of an un- named county road, south of Sedgwick Road located in Section 11, Township 23N, Range 2 E in South Kitsap, Commissioner District No. 2 10:00) C Public hearing to consider a Resolution establishing restricted parking zones on a portion of Alaska Avenue East and SE Mile Hill Drive in South Kitsap, Commissioner District No. 2. 10:00) D Public hearing to consider a Resolution closing in the interest of public safety NW Eldorado Boulevard and NW El Camino Boulevard between Lenea Drive NW and Provost Road NW to all classes of vehicular traffic with a gross weight in excess of 28,000 lbs, or overall length in excess of 30 feet, with the exception of authorized official and/or emergency vehicles (such as fire equipment, ambulances and vehicles permitted by Kitsap County Public Works). 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