M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS February 14, 2000 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, Commissioner Charlotte Garrido, County Administrator Malcolm Fleming, Clerk of the Board, Holly Anderson and Deputy Clerk of the Board, Opal Robertson. ITEMS SET FOR TIME CERTAIN: 10:00) Meeting Called to Order with Pledge of Allegiance. 10:00) A Public hearing to consider a Supplemental Appropriation increasing the budget of the General Fund in the amount of $56,686 in compliance with a contract with the City of Poulsbo for legal services. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve the appropriation in the amount of $56,686; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) B Continuation of a public hearing to consider enacting an Ordinance adopting Interim Land Use Policies for Highway Tourist Commercial Zones. Darryl Piercy, Department of Community Development, gave a brief update on the proposed Interim Land Use Policies for Highway Tourist Commercial Zones. Discussion was held between the Board and staff regarding the Highway Tourist Commercial being an established zone rather than a created new zone, the 60% glass façade requirement, possibly increasing the 25% cumulative re-development/remodel requirement, adding an additional section relative to an alternative façade plan, maximum setbacks, obtaining examples from Puget Sound Regional Council for this type of process, 90 day maximum interim ordinance, whether there was a specific minimum square footage percentage along the roadway, what frontage improvements consisted of and a community meeting prior to March 28th. Ron Ross had concerns about the timeframe for this process in that he did not feel enough time had been allowed for dialog with the public and the industry that would be working with the Hwy 303 Corridor. He asked that the Board take additional time to review this proposal. Paul Pazooki asked the Board to add language to the proposal relative to vesting, appoint a committee to study the Hwy 303 corridor and to postpone any action on this proposal until after the committee had made its recommendations. Joe Mickelson, Kitsap Commercial Brokers Association, asked the Board to delay any action on this proposal until after a committee had studied the corridor and that he would be willing to serve on the committee. Loren Johnson, Reid Real Estate, was concerned that this plan was being transferred from the Bethel Corridor to Hwy 303 and encouraged further study of the area. Larry Johnson, Kitsap County Association of Realtors, questioned what the purpose was for this proposal, why there needed to be a 90-day interim ordinance for Hwy 303 and suggested that the Board should utilize the individuals who volunteered to serve on a study committee for this proposal. Dan Baskins suggested that staff plan a public process without putting in interim controls that not only affected property owners but also the City of Bremerton, the North Perry Water District, the Public Works Department and the Department of Transportation. He suggested that it should be done on a 3-6 months timeframe thus allowing for public participation. Piercy believed that staff had demonstrated it could provide options for the future by imposing interim regulations and at the same time also opening up a forum for public discussion as to how a particular area of the County should be developed, how it should appear in the future and what services it should provide to the citizens. Chair Botkin recommended the following changes to the proposal: 1) under Authority and Applications, page 2, item #2, that 25% be changed to 40%; 2) that the word "all" be removed in the second sentence; and 3) that the last sentence be deleted. Discussion continued among the Board and staff regarding development permit approval vs. building permit approval, revisions to the proposal, the Brown Ribbon Committee process, the Nellerson recommendations, timeframe for the City of Bremerton major investment study being done on Hwy 303, letter received from the mayor of Bremerton dated January 10, 2000 and this interim proposal being an alternative to a full moratorium on the 303 corridor. Commissioner Endresen recommended the following changes to the proposal: 1) that language be added provided by the Prosecutor's Office addressing the intent that completed applications submitted prior to the adoption of this ordinance would be considered under the existing regulations at the time that the applications were submitted; 2) on page 2 under Authority and Applications, item # 1, delete the word "building" and add the words "land use permits"; 3) on page 4, Section 1.2.6, together with Chair Botkin's suggestion to add item (d) to read "alternatively, the applicant may propose a façade plan that met Department of Community Development approval and the intent of the policies."; and 4) that there be included in the Ordinance a reference a public meeting will be held with stakeholders including the City of Bremerton within the first two weeks of March. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Ordinance No. 246- 2000** thereby approving Interim Land Use Policies for Highway 303 subject to the above recommended changes. Motion carried unanimously. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board: A. Approve Minutes of February 7, 2000. B. Approve Warrant Nos. 2844330 through 2845300 including manual warrant nos. 2844328 through 2844329 in the amount of $1,283,180.58 and warrant nos. 2845305 through 2846857 including manual warrant nos. 2845301 through 2845304 in the amount of $4,714,593. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Complaint for Damages filed by: Saturnino and Rowena Dosono; 2) Claim for Damages filed by West Sound Quilters (Candace Alvarez, Charol Riedel; 3) Summons and Plaintiff's First Amended Complaint filed by Aaron and Theres Lee; and 4) Complaint filed by Zella M O'Connor. D. Set date of closed record appeal hearing for March 6, 2000 at the hour of 10:00 AM to consider an Appeal filed by William Broughton on behalf of Lloyd R. Harris of the Hearing Examiner's Decision to approve subject to conditions, the application filed by Lloyd R. Harris for a Conditional Use Permit to operate a private shooting range located on two separate tax parcels zoned rural residential. The site is located at 8156 Seabeck Highway NW, approximately 300 feet north of the intersection of Seabeck Highway and Newberry Hill Road in Central Kitsap, Commissioner District No. 3. The Hearing Examiner's Decision, the Department of Community Development Staff Report and other documents in the record are available for inspection at the Department of Community Development, Monday through Friday from 8:00 AM-4:00 PM. For more information, contact Darryl Piercy, Department of Community Development Planner, (360) 337-7181. E. Adopt Resolution No. 035-2000* thereby setting date of public hearing for March 6, 2000 at the hour of 10:00 AM to consider a supplemental appropriation increasing the budget of the Kitsap Practices Responsible Emergency Preparedness Fund (KPREP) in the amount of $499,999. F. Set date of public hearing for February 28, 2000 at the hour of 10:00 AM to consider amending the Kitsap County Building Ordinance Chapter 4, Section 4.7- Complete Application to allow concurrent review of building permit applications by the County and the Health District without affecting the requirements for a complete building permit application. A complete copy of the proposed ordinance amendment is available for inspection at the Department of Community Development, 614 Division Street, Port Orchard, WA, Monday through Friday, 8:00 AM-4:00 PM. For more information, contact JoAnn Vidinhar, Department of Community Development, (360) 337-7181. Motion carried unanimously. 2) ADMINISTRATIVE SERVICES DEPARTMENT: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract amendment between Kitsap County and The City of Bremerton (KC-490-98A) in the amount of $75,000 for PEG Access TV funding for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract amendment between Kitsap County and The City of Bremerton (KC-491-98A) in the amount of $50.00 per hour for operation and management of governmental programming through Bremerton Kitsap Access Television (BkAT) for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Kitsap Historical Society (KC-016-00) in the amount of $33,046 for historical preservation for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. 3) PERSONNEL & HUMAN SERVICES DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 036- 2000* thereby downgrading a position within the Juvenile Services Department. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Botkin and seconded by Commissioner that the Board adopt Resolution No. 037-2000* thereby re-appointing Dr. Robert M. Lugg to a 3-year term on the Kitsap County Commission on Children and Youth effective October 1, 1999 through September 30, 2002. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Kitsap Community Resources (KC-038-00) in the amount of $47,500 for Youth Volunteer Corps services to reduce the incidence of juvenile delinquency and crime through involving school-age children and youth in volunteer service to their school or community. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Kitsap Sexual Assault Center (KC-036) in the amount $32,812 for services to victims of domestic violence and sexual assault for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. E. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and YWCA (KC-037-00) in the amount of $51,563 for services to victims of domestic violence and sexual assault for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. 4) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 038-2000* thereby rescinding Resolution No. 020-2000 accepting as complete the West First Street NE widening and reconstruction project. This project has been physically completed but cannot be officially closed until the completion of a one-year landscape maintenance period. Motion carried unanimously. B. Interlocal agreement between Kitsap County and Kitsap Conservation District (KC-053-00) in the amount of $260,545 to implement the Conservation District's portion of the Kitsap County Surface and Storm Water Management Program. Motion carried unanimously. (NOTE: THIS MATTER WAS CONTINUED TO February 28, 2000). C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and Parametrix, Inc (KC-045-00) in the amount of $49,000 for professional engineering services for fish passage improvements on the north and south forks of Johnson Creek at Viking Way. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and Walker & Associates, Inc (KC-065-00) in the amount of $38,700 for photogrammetric mapping of the Kingston area and environs. Motion carried unanimously. 5) COOPERATIVE EXTENSION: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Memorandum of Understanding amendment between Kitsap County and Washington State University (KC-113-90J) in the amount of $67,209 to fund the county's portion of County Educational Programs for the period of January 1, 2000 through December 31, 2000. Motion carried unanimously. 6) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Memorandum of Understanding between Kitsap County and Concurrent Technologies Corp (KC-078-00) for preparation of a Brownfield's grant application for Kitsap County to submit to the Environmental Protection Agency (EPA). 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Vivian Henderson, Kitsap County Association of Realtors, addressed the Board with concerns about the adoption of Interim Land Use Policies (Item 10:00 B). B. Ron Ross addressed the Board with concerns about the public process used for adoption of Interim Land Use Policies (Item 10:00 B). C. Harriett Norwood addressed the Board with concerns about the 200-foot buffer setback for the Endangered Species Act requirement and a need for a new, larger culvert on Lider Road. D. Dan Baskins addressed the Board with concerns about the 4(d) exemption rule. 8) 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 Garrido that the Board approve the authorization for the Board of Commissioner's Chair to verify the County's Amended Answer and Counterclaims in the case of James v. Kitsap County, Kitsap County Superior Court No. 99-2-03486-6. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 038-2000* thereby rescinding Resolution No. 187- 1999 and removing the County-Wide hiring freeze. Motion carried unanimously. C. Parks and Recreation Budget Presentation. Rick Fackler, Parks and Recreation Director, gave an overview and slide presentation of his departmental budget. D. Commissioner Garrido announced the upcoming Ferry Boat Rally to Olympia and that the Taiwanese Acrobatic Team would be performing at the Kitsap County Pavilion on February 18, 2000. E. Recess to an executive session on Monday, February 14, 2000 at the hour of 1:30 PM to discuss potential land acquisition and litigation. The executive session began at 1:30 PM and ended at 2:15 PM. Meeting adjourned. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR CHRIS ENDRESEN, COMMISSIONER CHARLOTTE GARRIDO, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 53 ** See Ordinance Journal Volume No. 8 SPECIAL MEETINGS ATTENDED BY THE BOARD: 02/14/00 12:00 PM Lunch 02/14/00 1:30 PM Executive Session-BCC conf room 02/14/00 2:00 PM Administrative Meeting-BCC conf room 02/16/00 8:00 AM Homebuilders Breakfast, Gabriella's Deli, B.I. 02/17/00 8:30 AM Ferry Rally Boat Trip to Olympia DUE TO THE PRESIDENTS DAY HOLIDAY, THE NEXT MEETING OF THE BOARD OF COUNTY COMMISSIONERS WILL BE HELD ON FEBRUARY 28, 2000. 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 28, 2000: 10:00) Public hearing to consider amending the Kitsap County Building Ordinance Chapter 4, Section 4.7- Complete Application to allow concurrent review of building permit applications by the County and the Health District without affecting the requirements for a complete building permit application. A complete copy of the proposed ordinance amendment is available for inspection at the Department of Community Development, 614 Division Street, Port Orchard, WA, Monday through Friday, 8:00 AM- 4:00 PM. For more information, contact JoAnn Vidinhar, Department of Community Development, (360) 337-7181. MARCH 6, 2000: 10:00) Public hearing to consider a supplemental appropriation increasing the budget of the Kitsap Practices Responsible Emergency Preparedness Fund (KPREP) in the amount of $360,000. 10:00) Closed Record Appeal hearing to consider an Appeal filed by William Broughton on behalf of Lloyd R. Harris of the Hearing Examiner's Decision to approve subject to conditions, the application filed by Lloyd R. Harris for a Conditional Use Permit to operate a private shooting range located on two separate tax parcels zoned rural residential. The site is located at 8156 Seabeck Highway NW, approximately 300 feet north of the intersection of Seabeck Highway and Newberry Hill Road in Central Kitsap, Commissioner District No. 3. The Hearing Examiner's Decision, the Department of Community Development Staff Report and other documents in the record are available for inspection at the Department of Community Development, Monday through Friday from 8:00 AM-4:00 PM. For more information, contact Darryl Piercy, Department of Community Development Planner, (360) 337-7181. KITSAP COUNTY COMMISSIONERSMINUTES, FEBRUARY 14, 2000 Page 37 Page 36