M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS March 10, 2003 The Board of Commissioners met on the above-stated date. Present were Chair Jan Angel, 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) Presentation by Ron McAffee, CenCom Director, regarding the County Resolution authorizing a sales and use tax at the rate of one tenth of one percent for 911 Emergency Communication Systems and Facilities. Dave Magnenat, CenCom, said the ballot measure if approved by the voters, it will eliminate the remaining three years of the property tax passed in 2001 for the construction of the new 911 building. He said this proposition also increases sales tax by one tenth of one percent with the funds being dedicated to emergency communications in Kitsap County. He said Kitsap 911 is currently funded by the user agencies that are the four cities, the county and the fire districts. He said the 911 systems protect everyone, not just property owners. Magnenat said while there is small tax to pay for maintenance of the telephone system and the bills, there isn't any funding to pay for personnel, radio infrastructure or other needed support expenditures. Discussion was held between the Board and Magnenat regarding why this measure was proposed as property tax instead of sales tax originally and a request to CenCom and its Board to keep close tabs on how to find ways to reduce funding from the other taxing districts without it being a new tax. 10:00) A Employee of the Month for March 2003. The Board selected Lisa Moses of Public Works as the March Employee of the Month. Lisa is the Department Information Systems Supervisor for Public Works, where she has worked since 1988. The Public Works Information Programs Supervisor nominated her for her excellence on the job as an instrumental part of the department's customer service program. 10:00) B Continuation of a 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, updated the Board on this matter stating that the prosecutor's office indicated that staff should keep its comments within the right-of- way and not gut into private land because this is a petition to vacate right-of-way. He said it is recommended that the county should vacate the area with it being encumbered by a utility and storm water easement to avoid construction within the right of way. He also said relative to building heights and vegetation, these items are covered in the Manchester Community Plan and had received a call from the Gold's acknowledging that the Plan is a good tool, t was put into place to serve its purpose and they wanted to comply with it . A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approve the Petition to Vacate a portion of East Main Street filed by Scot & Teri Stevens and Windmark Homeowner's Association; further that an Order be executed so stipulating. Motion carries. 10:00) C Public hearing to consider a Resolution amending the 2003-2004 Biennial Kitsap County Budget. Net Fiscal Impact: $1,898,387. Source of Funds: General Fund, CenCom, K-PREP, & Grants. Rich Hanna, Budget Manager, said that the County's budget policy calls for amendments to the budget to be made quarterly at the first meeting in the months of March, June, September and December. He said this resolution represents the first budget amendment under the new policy and while no major changes to the budget are required at this time, several minor corrections and additions have been identified and are presented in the resolution. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopts Resolution No. 039-2003* thereby amending the 2003-2004 Biennial Kitsap County Budget. Motion carries. 10:00) D Public hearing to consider an Ordinance reducing the speed limit from 50 MPH to 35 MPH on a portion of Central Valley Road. The existing reduced speed zone would be increased by 500 feet to the intersection of Paulson road then an additional 500 feet north of Paulson Road. (NOTE: AT THE REQUEST OF STAFF, THIS MATTER IS CONTINUED TO FURTHER NOTICE). Recess Public Hearing and convene as the Industrial Development Corporation (see item 11B) Reconvene Board of Commissioners public hearing to consider the following: 10:00) E Public hearing to consider a Resolution approving the issuance by the Industrial Development Corporation of Kitsap County of its Adjustable Rate Revenue Bonds, 2003 (CARA Group, LLC Project) in the aggregate principal amount of not to exceed $2,000,000 and approving the resolution of the Board of Directors of the Development Corporation that authorized the bonds and approved certain documentation relating to the bonds, including a loan agreement. Net Fiscal Impact: None. Source of Funds: N/A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopts Resolution No. 040-2003* thereby approving the issuance by the Industrial Development Corporation of Kitsap County of its Adjustable Rate Revenue Bonds, 2003 (CARA Group, LLC Project) in the aggregate principal amount of not to exceed $2,000,000 and approving the resolution of the Board of Directors of the Development Corporation that authorized the bonds and approved certain documentation relating to the bonds, including a loan agreement. Motion carries. OPPORTUNITY FOR PUBLIC COMMENTS ON AGENDA ITEMS ONLY: (Please limit comments to 2minutes) A. Sheriff Boyer thanked the Board and the County Administrator, Budget Manager and staff for their support of the Sheriff's Department within the past months. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Lent and seconded by Chair Angel that the Board: A. Approve Minutes of February 24, 2003. B. Approve Warrant Nos. 3047043 through 3048665 in the amount of $2,831,936.07. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Summons, Complaint for Damages filed by the Kitsap County Deputy Sheriff's Guild; 2) Complaint for Damages filed by Gerald Kearney on behalf of Robert Eyer; and 3 Claim for Damages filed by Richard Przybylek. Motion carries. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with Kitsap Peninsula Visitor & Convention Bureau (KC-051-03) for promotion of tourism and convention activity. Net Fiscal Impact: $127,500. Source of Funds: Lodging Tax Collections. Motion carries. B. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with The Dispute Resolution Center (KC-049-03) for dispute resolution and mediation services. Net Fiscal Impact: All funds generated by filing surcharges per Resolution No. 469-1990 estimated to be $50,000. Source of Funds: Dispute Resolution Fund. Motion carries. C. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the lease agreement with The Port of Bremerton (KC-075-03) for land for the Public Works Annex. Net Fiscal Impact: $49,850 for 2003; $59,820 for 2004. Source of Funds: Public Works Funs based on percentage (Traffic 35%; Surface & Stormwater Mgmt and Wastewater 29% each and Solid Waste 8%). Motion carries. D. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with West Group (KC-040-03) for Westlaw Pro databases for utilization by the Prosecutor's Office to research legal cases and court decision that pertain to cases being reviewed and tried by the Prosecutor's Office. Net Fiscal Impact: $149,994. Source of Funds: Information Services Funds. Motion carries. E. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract amendment with Kitsap County Humane Society (KC-042-02B) for animal control services. Net Fiscal Impact: $44,487.83. Source of Funds: General Admin & Operations. Motion carries. F. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with Western Financial Group, LLC (KC-054-03) for financial advisory services for 2003 and 2004. Net Fiscal Impact: $50,000. Source of Funds: Various Bond Funds. Motion carries. G. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract amendment with Ramco Consulting Services, Inc (KC-068-01B) for computer training classes for County employees. Net Fiscal Impact: $26, 250. Source of Funds: Information Services Fund. Motion carries. H. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with the Kitsap County Historical Society (KC-052-03) for historical preservation services for 2003-2004. Net Fiscal Impact: $63, 180. Source of Funds: General Admin & Operations Fund. Motion carries. I. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with Li'l Chief Specialties (KC-121-03) for providing and installing toilet compartments and accessories for the Jail Expansion Project. Net Fiscal Impact: $46, 956. Source of Funds: Jail Construction Fund. Motion carries. J. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with Admiral Theatre Foundation (KC- 050-02) for development and encouragement of cultural, civic and entertainment horizons. Net Fiscal Impact: $57,500. Source of Funds: Lodging Tax Collections. Motion carries. 3) AUDITOR'S OFFICE: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopt Resolution No. 041-2003* thereby amending election board worker salary due to the increase in minimum wage. Net Fiscal Impact: $0. Source of Funds: 2003 Elections Budget. Motion carries. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopts Resolution No. 042-2003* thereby amending voting precinct boundaries resulting from 2002 city re-districting and combining precincts with new poll site voters. Net Fiscal Impact: None. Source of Funds: None. Motion carries. 4) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the Interlocal agreement with Kitsap County Health District (KC-077-03) for implementation of District's SSWM related activities. Net Fiscal Impact: $800,315. Source of Funds: SSWM Utility Fees. Motion carries. B. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the Interlocal agreement with Kitsap Conservation District (KC-017-03) for implementation of District's SSWM related activities. Net Fiscal Impact: $296,777. Source of Funds: SSWM Utility Fees. Motion carries. C. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with Walker & Associates (KC-055-03) for photogrammetric mapping of the Silverdale area. Net Fiscal Impact: $36,560. Source of Funds: SSWM-$10,000 and Roads-$25,560. Motion carries. 5) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopts Resolution No. 043-2003* thereby supporting the Interagency Committee for Outdoor Recreation (IAC) Land and Water Conservation Fund Grant application. Net Fiscal Impact: $0. Source of Funds: $0. Motion carries. 6) JUVENILE SERVICES OFFICE: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract amendment with The Dispute Resolution Center (KC-101-01B)) to provide victim-offender mediation services. Net Fiscal Impact: $26,125. Source of Funds: General Admin & Operations Fund. Motion carries. 7) COOPERATIVE EXTENSION: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the Interlocal agreement with WA State University (KC-113-90M) to fund the County's portion of County educational programs for the period of January 1, 2003 through December 31, 2004. Net Fiscal Impact: $209,552. Source of Funds: Cooperative Extension General Fund. Motion carries. 8) CENTRAL COMMUNICATIONS OFFICE: A. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the lease agreement with Kitsap County Fire District No. 7 (KC-023-03) for radio system tower lease for a period of 25-years and terminating on December 31, 2027 at no lease cost to CenCom. Net Fiscal Impact: ($375,00). Source of Funds: 1999 LTGO Bond Loan. Motion carries. B. A motion was made by Commissioner Lent and seconded by Chair Angel that the Board approves and executes the contract with WA State Military (KC-082-03) for regional emergency operations planning. Net Fiscal Impact: N/A. Source of Funds: Revenue from FEMA via WA State Military Emergency Mgmt Division in the amount of $123,078. Motion carries. 9) FACILITIES, PARKS & RECREATION: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Lent and seconded by Chair Angel that the Board adopt Resolution No. 044-2003* thereby regarding the County's sponsorship of "Culture Fest 2003". Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carries. 10) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Vivian Henderson addressed the Board with concerns about the Water Resource Inventory Area (WRIA) process and a possible water reclamation system for the Gorst area. She encouraged the Board to consider making its Shared Strategies briefing on March 25, 2003 a public event. B. Peggy Atchkins addressed the Board with concerns about trespassers on her Old Belfair Highway property and receiving no response from the Sheriff's Office. C. Sandra Watson questioned the status of the Board adopting a resolution sponsoring the Genealogical Society in its quest for locating another office space. 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 Chair Angel that the Board adopts Resolution No. 045-2003* thereby appointing Jeffery Flood to the Kitsap County Council for Human Rights for a 3-year term ending February 28, 2006. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carries. Convene as Industrial Development Corporation B. The Board of County Commissioners will convene (immediately following public hearing) as the Industrial Development Corporation Board in its chambers to consider a Resolution authorizing the issuance and sale of its Adjustable Rate Revenue Bonds, 2003 (CARA Group, LLC Project), in the principal amount of not to exceed $2,000,000; approving the documentation in connection with the issuance of said bonds; appointing a trustee; and providing for other matters relating thereto. Rich Hanna, Budget Manager, said this is first financing project of the Industrial Development Corporation of Kitsap County (IDC) formed in 1999. He said the IDC is a funding mechanism that encourages economic development within the county and is a conduit allowing a manufacturing facility access to funding for constructing its facility at tax-exempt rates. He said the county is not incurring public debt and it is not pledging public funds for re-payment of this debt. Cynthia Weed, Preston, Gates & Ellis, gave a brief history of WA State IDC's stating that the benefit that private industries receive from this financing is access to a federal tax program that permits private businesses to borrow money at very low interest rates. She said this is a very positive program and Kitsap County is providing access to private business but not utilizing any public monies or public funds for the payment of these bonds. Richard Flaherty, Leader International, thanked the Board for its inducement and said his company has doubled in size and doubled the employment base of Kitsap County. He said this would be the conduit for his company's future growth and a tremendous benefit to the county. He said his company manufactures health care treatment tables, retail fixtures/lobby stands and institutional site containers and believes these are core jobs that will not go away. Discussion was held, comments called for and hearing no objection, a motion was made by Secretary Lent and seconded by President Angel that the Board adopts Resolution No. 2003-2 (IDC) thereby authorizing the issuance and sale of its Adjustable Rate Revenue Bonds, 2003 (CARA Group, LLC Project), in the principal amount of not to exceed $2,000,000; approving the documentation in connection with the issuance of said bonds; appointing a trustee; and providing for other matters relating thereto. Motion carries. Adjourn as the Industrial Development Corporation and Reconvene the Board of Commissioners Public Hearing (See Item 10:00 E) C. Recess to executive session at the hour of 3:30 PM to discuss litigation issues. The executive session began at 3:30 PM and ended at 4:15 PM. D. Recess to executive session on Monday, March 17, 2003 at the hour of 1:30 PM to discuss potential litigation and personnel issues. The executive session began at 1:30 PM and ended at 2:30 PM. 12) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Lent said she served as a celebrity waiter on last week for a Silverdale Chamber of Commerce fundraiser and that she attended and will be attending several meetings in and around Kitsap County in the coming week. B. Chair Angel said she attended the National Association of Counties Workforce Development Conference in WA. DC and that she would be attending several meeting in and around Kitsap County in the coming week. Public meeting adjourned at 11:30 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: 03/10/03 12:00 PM Lunch – Twetens (Employee of Month, Lisa Moses) 2:00 PM Admin Meeting – BCC Conference Room 3:30 PM Executive Session – BCC Conference Room 03/11/03 2:00 PM Natural Resources Meeting – BCC Conference Room 03/12/03 9:00 AM Work Study Session-PW 3rd Floor Conference Room 03/17/03 9:00 AM Monday Briefing – BCC Conference Room 12:00 PM Lunch with Elected Officials – Twetens 1:30 PM Executive Session - BCC Conference Room 2:00 PM Executive Session - BCC Conference Room 2:20 PM Admin Briefing – BCC Conference Room 5:00 PM Government Center Groundbreaking 03/18/03 8:00 AM KC Consolidated Housing Authority – Housing Office 03/19/03 9:00 AM Work Study Session – PW 3rd Floor Conference Room 6:30 PM CK Community Council Mtg 03/20/03 10:00 AM Meeting with Fair Board- BCC Conference Room 11:30 AM BI Chamber Lunch- Bistro NEXT BOARD OF COMMISSIONERS MEETING WILL BE MARCH 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) MARCH 24, 2003: 10:00) A Public hearing to consider an amendment to Kitsap County Code Chapter 9.16, Disposal Rates for the Olympic View Transfer Station. 10:00) B Closed Record Appeal hearing to consider an appeal filed by Don & Pat Nyswonger of the Hearing Examiner decision to grant subject to conditions a Conditional Use Permit application filed by Ron Ross/Royal Valley, LLC (Silverdale Pee Wee's) for construction of one Pee Wee practice ball field with backstop and parking on a 2.3 acre parcel located at the southwest corner of the intersection of Central Valley and Paulson Roads in North Kitsap, Commissioner District No. 1. KITSAP COUNTY COMMISSIONERS MINUTES, MARCH 10, 2003 Page 53 Page 44