M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS March 11, 2002 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Jan Angel, 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 presentation (Marilyn Osborn, Administrative Services). Congratulations and a Certificate of Appreciation was presented to Marilyn Osborn, Department of Administrative Services, on being selected Employee of the Month for March. Osborn's accomplishments includes assisting in the preparation of the County's Budget Book which won the GFOA Distinguished Budget Presentation Award, acting as the department's we coordinator and automating the department by her development of numerous databases. 10:00) B Resolution adopting Guidelines for Reducing Waste in the year 2002. Vicki Bushnell, Solid Waste Division of Public Works, gave a brief overview of the Waste Wise Program stating that Kitsap County partners in the US Environmental Protection Agency's Waste Wise program, a voluntary program for businesses and government agencies to help them reduce waste. She said every three years, partners are asked to identify new goals and that the Waste Prevention resolution covers both these goals and each department goals since they are inclusive. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Chair Botkin that the Board adopt Resolution No. 052-2002* thereby adopting the Guidelines for Reducing Waste in the year 2002. Motion carried. 10:00) C Public hearing to consider Resolution approving a petition to establish an area in which the discharge of firearms is prohibited in a 2-square mile area including Alpine Lake and most of May Ranch Road in southwest Kitsap County, Commissioner District No. 2. Bruce Freeland, Department of Community Development, posted a map of the proposed site and gave a brief overview of the project stating that the petition received for the no shooting area is for the area and vicinity of Alpine Lake. He said today's procedure would consist of the Board holding a public hearing, take public testimony and then deciding whether there is a potential for harm from shooting in this area and if there is, decide whether to move ahead with establishing the no shooting area. Freeland said, normally the Board would adopt a resolution finding that there is a potential for harm and then set a subsequent public hearing on an ordinance prior to establishing a no shooting area. Freeland noted that there might be a second issue of concern today, relative to a possible application for a gun club in the same general vicinity. He said this is a separate matter and if it came as an application, it would come as a land use proposal to the county and would have its own public process. Freeland said today's hearing was not the time to give testimony or comments on the merits of or lack of on the gun range proposal. Kathleen Ottarson submitted letters from area residents who were unable to attend today's public hearing. She said she has lived in Kitsap County for over 32 years and moved to the Bear Lake for the peace and quiet. Ottarson said her lifestyle would be altered if a gun range was built in the area and she did not want that to happen. She urged the Board to adopt the resolution creating the no shooting zone. Deanna Pierson said she has nothing against guns but is concerned about shooting in her neighborhood or any residential area. She also had concerns about the possibility of lead contamination in the lakes and creeks in the area and about the general safety of their community. She asked that the Board to approve the petition to create the no shooting zone. Jerome Hamling said he has benefited from growing up near a shooting range in Olympia in that he had learned to shoot well prior to going into military service. He believed people needed to learn how to shoot and handle firearms safely. Ed Dolanski said he moved to this area approximately 5 years ago from a high shooting district in the Ballard area. He said he and his wife are both members of the National Rifle Association and are not anti-gun people. He is concerned about safety in the area as well as and the possible discharge of lead in the water. He believes in a residential area, the residents should have the safety of a no shooting zone. Phil Canter – pass Brad McDermott said he serves as chair of the crime watch program for the Alpine/Bear Lake community and there had been many instances over the years of shooting around the lake. He said it had become a problem and he was concerned about safety in their community. McDermott said he is a firearm owner and has been a licensed firearm dealer but strongly urged the Board to pass he petition creating a no shooting zone. Rod Reid, Alpine Evergreen, said he had concerns about the notification process for these types of hearings. He said Alpine Evergreen owned 526 acres in the area and that they had allowed hunting on the grounds since they had owned the property. He said this was on a limited basis and they now used a permit system as well as try to keep hunters away from residential areas. He questioned if this was really a safety issue why hadn't there been a complaint to them or to the Sheriff's Office and why was the area extended so far south that it touched the Wye Lake community and no residents of Wye Lake had signed the petition. He said Alpine was not totally against a no shooting area but not for the entire two-mile radius. Vivian Henderson said she did not want to criticize the Alpine/Bear Lake residents for what they think is right but she questioned whether they had really thought the matter through. She believed many people in Kitsap County wanted to see this gun range built and felt that shooting sports was a part of our heritage as Americans. Henderson said she supports gun rights and would welcome a facility such as this in her neighborhood. She asked the individuals petitioning to create a no shoot zone to reconsider because they were aiding and abetting the government in taking away one of the constitutional rights. Mark Douglas said he was a property owner in the May Ranch Road area and was concerned about firearm safety in the community. He said he spends quite a bit of time roaming the woods in his area and had stopped several people in the area who stood on the roadway with shotguns and high-powered rifles and actually cut down 5-inch fir trees with the bullets. He said that he has contacted the Sheriff's Office but not Alpine because they were really not involved in that particular zone. Gordon Gosser owner of lot 12 on Alpine Lake said he believed the current shooting laws are not adequate for public safety and any further expansion of legal firearm use in his vicinity would make it extremely difficult to determine illegal use as well as place homes and surrounding communities at an increase risk. He supported the no shooting petition. Kevin Fontenot said he has lived at Bear Lake in the center of the proposed zone since 1976. He said he is an anti-gun advocate and was concerned about the safety of his children when they played outside. He felt that this was an important issue for this community and was evident by the number of people in attendance today. Liz Harcomb said she has lived in the area for over 25 years and moved to the Alpine/Bear lake area for its quietness and wildlife. She was concerned about her safety as well as others in the community. She supported the no shooting petition. Gerald Graham, Range Technical Advisor for the National Rifle Association, said since 1871 they had yet to put a single child in a hospital as a result of an accident involving a firing range of an NRA firing activity. He said lead under water and unexposed to air does not dissolve or accumulate in water but was lethal if picked up by wildlife. He said if an ordinance is adopted, he hoped the Board would allow for the possibility of an established gun range in the northern area that would be no hazard to the people and would enhance the area for recreation. Bill Lynn, Olympic Gun Club, said many of the concerns heard today have already been addressed by current county ordinances already in place. He said the Board had the authority to limit the size of the no shooting area as well as exclude certain types of shooting and the times for shooting. As he understood, Lynn said there had been no complaints before and questioned that if this has been such a concern, why hasn't someone come forward before a gun range was proposed. He said this appears to be an end run around the zoning process. Lynn said regulations were already in place relative to waterfront property and the areas surrounding the lakes. He said the underlying reason that he was here was because of the range and believed it would actually be safer than open air shooting on property. He urged the Board to deny the no shooting petition. Joe Dunger, Alpine Lake resident, said he supports a no shooting petition in the area because he was concerned for the safety of his children. He said stray bullets did not have a name. Laura Overton Johanna said she was concerned about the issue of safety and that there was a lot of activity that was currently taking place on the property that she owns. She said there were logging operations, road building, road maintenance and tree planting. Johanna said this was private property and felt that there were several people in this neighborhood who did not understand this. She said they did not allow people to walk through their woods, they did not allow horseback riding, bike riding nor brush or mushrooms picking to outside people. She said it was the responsibility of the residents in that area to stay on their property and stay off other people's property. Jordan Baker, May Ranch Lane resident, was concerned about the noise of a proposed gun range as well as the traffic it would generate. Frank Harcomb said he had complained to the Sheriff's Office relative to shooting in the area and although it was his dog and a neighbor's cat that had been shot, it could have just as easily been a child. Ed Dolankski said relative to Laura Overton Johanna's comments about respecting private property; she did not respect his property in that she violated his personal property by entering his mailbox. Commissioner Angel said she would like to gather more information and had some ideas she would like to discuss. She requested from staff a copy of the shooting ordinance as it currently stands and a copy of the Sunnyslope no shoot zone. She said she realized this was a concern of citizens in that there were people out there shooting and maybe they needed a place to shoot but she was also concerned about safety in the residential areas. Chair Botkin said the record would remain open for written comments until March 22, 2002 with a decision only hearing on April 1, 2002. He reiterated that the focal point was whether there was potential for danger existing presently that would cause the Board to impose a no shooting zone. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board: A. Approve Minutes of February 25 and 26, 2002. B. Approve Warrant Nos. 2979622 through 2980537 in the amount of $1,999,449.61. 2) DEPARTMENT OF AMINISTRATIVE SERVICES: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with D.S. Purcell Painting, Inc (KC-467- 01) for painting work for the Kitsap County Jail Expansion and Renovation, Bid Package 4.5. Net Fiscal Impact: $256,770. Source of Funds: Jail Construction Fund. Motion carried. B. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approves and execute the contract amendment with Justice Benefits, Inc (KC-497-00A) for professional services to identify and capture sources of revenue. Net Fiscal Impact: Retain 78% of revenue received. Source of Funds: Corrections Department Fund. Motion carried. C. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board adopt Resolution No. 053-2002* thereby establishing the CenCom Facility Project Fund and the 2002 LTGO Bonds, Series B, Debt Service Fund in the chart of accounts. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. D. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Associated Masonry Restoration, Inc dba Pardue Restoration for damproofing work for the Kitsap County Jail Expansion and Restoration, Bid Package 4.3A. Net Fiscal Impact: $145,104. Source of Funds: Jail Construction Fund. Motion carried. E. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Spokane Restaurant Equipment, Inc (KC-032-02) for kitchen equipment for the Kitsap County Jail Expansion and Renovation, Bid Package 4.3A. Net Fiscal Impact: $354,636. Source of Funds: Jail Construction Fund. Motion carried. F. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the Interlocal agreement with The Kitsap County Consolidated Housing Authority (KC-427-01) for telecommunications services provided by the County, including consulting service for the Housing Authority's existing Voice Network equipment and for its physical Voice and Data infrastructure/Network, for Chair's signature. Net Fiscal Impact: Estimated annual revenue range of $18,000 to $21,700. Source of Funds: Revenue to Telecom Service Fee Account. Motion carried. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Department of Social & Health Services (KC-141-02) to execute the 2002 Older Americans Act Interagency agreement for the period of January 1, 2002 through December 31, 2002. Net Fiscal Impact: $443,493. Source of Funds: Older Americans Act. Motion carried. B. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the Memorandum of Understanding to the Collective Bargaining Agreement amendment with the Washington State Council of City & County Employees, AFSCME, Local 1308-CS, Corrections Sergeants (KC-416- 03C) regarding sick leave discussion. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. C. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Communitas Community Access Program (KC-034-02) to provide services, including community access, organization of volunteer activities, ongoing support and community integration for individuals with developmental disabilities. Net Fiscal Impact: $187,950. Source of Funds: DSHS, Div. of Developmental Disabilities. Motion carried. D. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Holly Ridge Center (KC-036-02) to provide community access, organization of volunteer activities, ongoing support and community integration, job development and employment support services for adults with developmental disabilities and early intervention services including therapy, preschool and community outreach for children from birth to three years of age. Net Fiscal Impact: $803, 199. Source of Funds: DSHS, Div. of Developmental Disabilities. Motion carried. E. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the Memorandum of Understanding #2 to the Collective Bargaining Agreement amendment with Office & Professional Employees International Union, Local 11, AFL-CIO (KC-060-01B) regarding flexible work schedules for Juvenile Detention Officers. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. 4) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. Discussion was held, comments called for and hearing Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with WA State Dept of Community, Trade and Economic Development (KC-015-02) for additional funding of the Buildable Lands Program, for Chair's signature. Net Fiscal Impact: $164,454. Source of Funds: WA State Office of Community Development (OCD)-Buildable Lands Program. Motion carried. 5) DEPARTMENT OF PUBLIC WORKS: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Transportation Improvement Board (KC-143-02) for design funds for Bethel Road (Crawford Lane SE to 350' north of Lund Avenue SE), for Chair's signature. Net Fiscal Impact: $452,000. Source of Funds: Transportation Improvement Board. Motion carried. B. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Tetra Tech/KCM, Inc (KC-109-02) for improvement to the lower Clear Creek Floodplain. Net Fiscal Impact: $94,165. Source of Funds: SSWM. Motion carried. C. Discussion was held, comments called for and hearing Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Cosmopolitan Engineering Group, Inc (KC-147-02) for the Manchester Main Street Outfall Improvements, Phase I, Design Development. Net Fiscal Impact: $125,147. Source of Funds: SSWM Capital Construction Fund. Motion carried. D. Discussion was held, comments called for and hearing Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the Easement agreements with Waste Management of WA and The Port of Bremerton for the Transfer Station property. Net Fiscal Impact: N/A. Source of Funds: Solid Waste Fund. Motion carried. Dean Benning, County representative at the Transfer Station, gave a brief update on the transfer station stating that it was fairly well on schedule and the grand opening date is set for July 26, 2002. 6) DEPARTMENT OF CENTRAL COMMUNICATIONS: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approves and execute the contract amendment with ADCOMM Engineering (KC-260-94A) extending the contract period in order to complete work on the CENCOM Emergency Communications Plan (ECP) fka "Plan B". Net Fiscal Impact: N/A. Source of Funds: 1999 LTGO Bond Fund-3561; account 5412. Motion carried. 7) PARKS & RECREATION DEPARTMENT: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with MacLeod/Reckord Partnership (KC- 055-02) for design services for the Old Mill Park. Net Fiscal Impact: $32,744.50. Source of Funds: DNR Grant and Impact Fees. Motion carried. B. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Growney Brothers Rodeo Company (KC-031-02) for services of rodeo stock contractor during the Kitsap County Fair & Stampede. Net Fiscal Impact: NTE-$74,000 for term of contract. Source of Funds: Parks and Recreation. Motion carried. C. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the contract with Judy Ackley (KC-075-02) for rodeo secretary/prize account services during the Kitsap County Fair & Stampede. Net Fiscal Impact: $41,500. Source of Funds: Parks and Recreation. Motion carried. 8) TREASURER'S OFFICE: A. A motion was made by Commissioner Angel and seconded by Chair Botkin that the Board approve and execute the Certification of 2001 capitalized assets inventory as required by RCW 36.32.210. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried. 9) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Marcia Mack addressed the Board with concerns about a request for a public hearing to recall some of the Kitsap Regional Library Board members. B. Ron Ross addressed the Board with concerns about Kitsap County Land Use policies in particularly as it related to the proposed ice arena at the Fairgrounds complex. 10) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Recess to executive session on Monday, March 11, 2002 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 2:45 PM. 11) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Angel said she and Chair Botkin had recently returned from the NACO Conference in WA DC and had spoken to local legislators about issues of concern at home. B. Chair Botkin encouraged the audience to vote for the various levies on Tuesday. Public meeting adjourned at 12:15 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR CHRIS ENDRESEN, COMMISSIONER JAN ANGEL, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 57 ** See Ordinance Journal Volume No. 11 OTHER MEETINGS ATTENDED BY THE BOARD: 03/11/02 12:00 PM Lunch-with EOM (Marilyn Osborn) 1:30 PM Executive Session-BCC Conference Room 2:00 PM Administrator's Briefing-BCC Conference Room 03/12/02 10:00 AM ESA meeting – BCC Conference Room 03/13/02 9:00 AM Work Study Session-PW 3rd Floor Conference Rm 03/14/02 8:00 AM Telecommunications Meeting-Givens Center 03/15/02 03/16/02 8:30 AM Environmental Conf-Bainbridge Is High School THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE MARCH 18, 2002. 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 18, 2002: 10:00) A Resolution encouraging the Washington State Legislature, the United States congress and appropriate Federal authorities to continue their worthy endeavor to designate the former Eagledale Ferry Landing on Bainbridge Island as a national memorial remembering the unconstitutional internment of Japanese Americans during World War II. 10:00) B Agency Presentation – Holly Ridge Center 10:00) C Public hearing to consider Kitsap County's intention to lease approximately 83,000 square feet of county owned real estate to Silverdale Ice Arena, Inc., a Washington Corporation, for a term of thirty- five (35) years. The premises to be leased are located within the boundaries of the Kitsap County Fairgrounds. The purpose of the proposed lease is to allow the Lessee to construct, operate and maintain an indoor ice-skating facility. 10:00) D Public hearing (for decision only) to consider an Ordinance adopting the Manchester Community Plan with associated amendments to the Kitsap County Comprehensive Plan, Zoning Ordinance and Chapter 17 of the County Code. Net Fiscal Impact: The additional cost of implementation of this Plan is unknown. Source of Funds: Absorbable in County's existing budget. 10:00) E Public hearing to consider a Petition to Vacate a portion of NE William Rogers Road in the Plat of Indian Bay filed by Richard Hedreen. The portion requested to be vacated is a dead-end right-of-way approximately 2,932 square feet or 0.67 acre located in North Kitsap, Commissioner District No. 1. Net Fiscal Impact: $8,550. Source of Funds: Petitioner. MARCH 25, 2002: 10:00) Resolution proclaiming the celebration of the 200 year Anniversary of WestPoint. 10:00) A Recognition of the Totem Award for the Kitsap County Outdoor Burn Ban Program. 10:00) B Public hearing to consider a Kitsap County Ordinance reducing the speed limit from 35 MPH to 25 MPH on the portion of Tracyton Boulevard NW from Bucklin Hill Road to NW Fairgrounds Road in Central Kitsap, Commissioner District No. 3. 10:00) C Public hearing to consider a Petition to Vacate a portion of Knute Anderson Court aka NW Walgren Drive in the Plat of Clearidge filed by Robert & Gracie Cobb. The portion requesting to be vacated is an irregular shaped piece, approximately 2,062.5 square feet or 0.047 acres located in Central Kitsap, Commissioner District No. 3. 10:00) D Public hearing to consider a petition filed by Michael Gass for the sale of tax-title land in Section 14, Township 25N, Range 1 East, W.M. The tax- title parcel is a strip of land 30-feet wide by 660 feet long and is wooded with undeveloped access and services located in Central Kitsap, Commissioner District No. 3. 10:00) E Continuation of a public hearing to consider and deliberate the oral and written testimony received on or before the close of business on March 22, 2002 relative to the Planning Commission Recommendations and Finding of Fact for the "South Kitsap UGA: ULID #6 Sub-Area Plan/Final Supplemental Environmental Impact Statement (FSEIS)." No additional public testimony will be taken at this time. KITSAP COUNTY COMMISSIONERS MINUTES, MARCH 11, 2002 Page 68 Page 58