M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS April 22, 2002 NOTE: The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, 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) Employee Service Award. Congratulations and a Certificate of Appreciation was presented to Lisa Romwell for her years of service to Kitsap County. 10:00) A Recognition of the Totem Award for the Kitsap County Outdoor Burn Ban Program (Derrick Crawley, Department of Community Development). Dennis McLerran, Puget Sound Clean Air Agency, thanked the Board of Commissioners, Derrick Crawley, the fire chiefs, Gretchen Olsen and Dave Peters for all of their work in making the Kitsap County Outdoor Burn Ban Campaign a success. He said the success of the joint efforts is acknowledged through a first place award in the Division of Community Relations in Government from the Public Relations Society of America, Puget Sound Chapter. McLerran said he believes the award was won because of the clear objectives, the impressive measurable results and because of the successful partnership with Kitsap County. Mike Schultz, Puget Sound Clean Air Agency, said the project took place in mid 2000 and mid 2001 in the incorporated cities and designated urban growth areas of Kitsap County. He said the campaign's objectives were to increase awareness of burning restrictions, create more-positive attitudes toward the burn ban and reduce outdoor burning (increase use of alternatives). Schultz also gave special recognition and thanks to Dave Peters, Kitsap County Solid Waste Division, for the many hours spent working on this campaign. 10:00) B Resolution proclaiming the week of April 21-27, 2002 as Crime Victims' Rights Week in Kitsap County (Kelly Pelland, Prosecutor's Office). Russ Hauge, Kitsap County Prosecutor and Kelly Pelland, Victim/Witness Coordinator, gave brief remarks on the resolution and Crime Victim's Rights Week stating that this annual commemorative week provides an excellent opportunity for our county to bring honor to victims by recognizing the devastating effects of crime on citizens. Pelland said it also shows support for crime victims and those who serve them by educating county citizens about violence, victimization and the importance of their support for victims' rights and services. Special thanks and recognition was given to the Kitsap County Prosecuting Attorney's Office, the YWCA, MADD, the Kitsap Sexual Assault Center, SANE, the Domestic Violence Task Force, SAIVS, the Kitsap County Sheriff's Office, Port Orchard Police Department, Bremerton Police Department, Bainbridge Island Police Department, the Poulsbo Police Department and the Suquamish Police Department. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 074-2002* thereby proclaiming the week of April 21-27, 2002 as Crime Victims' Rights Week in Kitsap County. Motion carried unanimously. 10:00) C Kitsap County Earth Day Awards Ceremony (Vickie Bushnell, Public Works). Vickie Bushnell, Solid Waste Division, gave a brief overview of the Earth Day Celebration stating that this is an opportunity to recognize individuals and organizations for their excellence in environmental stewardship as well as increase public awareness of activities that help prevent pollution and conserve resources. She said in honor of the Olympics, this year's winners would receive medallions made out of recycled glass. Medallions and Certificates of Appreciation were presented to recipients in the following categories: Kitsap County In-House Waste Wise Program – Molly Foster, Outstanding Achievement in Volunteerism – Linda Waltie, Laura Rencher, Deb Fleming and Diane Digleria, Outstanding Achievement in Conservation – Jim Trainer, Excellence in Environmental Leadership – Bainbridge Island Chamber of Commerce, Outstanding Achievement in Waste Reduction and Recycling – Clyde Muirheid and Louise Martin, Outstanding Achievement in Business Recycling – Town & Country Markets, Outstanding Achievement in Hazardous Waste Management – The Lawn Jockey, Outstanding Achievement in Water Quality Protection – Association of Bainbridge Communities, Outstanding Achievement in Environmentally Friendly Construction – Fairbank Construction Company and Outstanding Achievement in Youth Leadership – Suquamish Elementary School students. 10:00) D Public hearing to consider an Intent to Lease County Property pursuant to RCW 36.34.160 and described as follows: real property situated in Kitsap County, Washington at 7266 Tibardis Road, Bremerton, WA for the purpose of utilizing the transmitter room and antenna tower only. Interested parties must have prior Federal Communications Commissions approval for a radio station. Bill Perrin, Purchasing/Information Services Division, said this is a proposed lease agreement leasing the transmitter room and antennae located on Tibardis Road in East Bremerton. He said the County acquired the station in the mid 1990's and leased the office space, transmitter room and antennae to the Kitsap Broadcast Group. Perrin said there is an original lease and the County has used it with various owners for rental of the transmitter room and antennae. He said this proposal is to enter into a new lease agreement with KITZ Radio. He said all back rent has been paid on the transmitter room rental and antennae and the County has received a certificate of insurance from KITZ. Perrin said the new lease is recommended for a 10-year period, requires the County's permission to transfer to successive owners and is non-exclusive in that other interested parties could lease the antennae. He also said there is a provision in the lease indicating that the rate could be adjusted after five years as well as provision to include wording required by the Federal Communications Commission. Discussion was held between the Board and Perrin relative to the term of the lease agreement and whether the tower could accommodate an additional AM radio station. This matter required no action by the Board (See item 5A). 10:00) E Public hearing to consider an Ordinance amending Kitsap County's Shooting ordinance and adding the May Ranch No Shooting Area. Kelly Robinson, Department of Community Development, gave a brief overview of the proposal and said this is the culmination of a petition to create a no shooting zone around the May Ranch community and to establish the boundaries. Discussion was held between the Board and Robinson relative to creating the boundaries by ordinance, convening the review committee to make recommendation on this request, Section 10.24 in the County Ordinance, the Board's option to make a county-wide ordinance change if so desired, criteria for the review committee listed in the ordinance and how the boundary could be affected by the topography. Commissioner Endresen disclosed that she had met with Phil Canter and Laura Overton Johannes relative to the boundary and their respective properties. Dave Tipton said he opposed amending the proposed boundary line because most people that supported this amendment already lived in a no shoot zone because they lived around the lake. Tipton said if there is illegal shooting in and around an already defined no shooting area then that is a law enforcement issue. Rick Reitmeyer said he was on the original review committee and the purpose was to eliminate what was happening now and to provide a safety check on this procedure. He said the review committee procedure is still in the ordinance and encouraged the Board not to move forward with the ordinance. Woody Culyott said he agrees with the previous speaker and believes the review committee should be utilized. He said the Board should wait to prior to moving forward on this matter and proceed as stated in the ordinance. Merton Cooper said he was a member of the original review committee and was not sure it had been dissolved. Cooper believed the boundary was not about safety but about control and supported provisions for a safe shooting range. Marcus Carter said he lived in the proposed no shooting area and asked the Board to reject the boundary and the petition. He asked that injury information be provided relative to shooting incidents that had occurred in the area. Carter said the majority of the review committee members asked the Board not to pass this ordinance because it was not workable. He believes there should be more designated shooting areas instead of establishing more no shooting zones. Ken Houghton said he agreed with the previous speakers but was concerned about whether the review committee was standing or temporary. He felt the review committee issue should be resolved within the County code after the other issues had been resolved through the review committee. Mike Owens stated he agreed with previous speakers and asked the Board to reject this ordinance. He said gun safety should be taught. Vivian Henderson stated she agreed with the previous speakers and asked the Board to reject the ordinance. Matt Ryan said gun clubs needed to be established for safety reasons and urged the Board to reject the ordinance. Deanna Pierson said she did not agree with any of the previous speakers and felt there needed to be safe boundary lines. She said she lives in the proposed area, has signed a petition to establish a no shoot zone in accordance with the current laws and said this is her right as a citizen. Pierson said the individuals who were speaking against the proposal did not live in the area. Phil Canter felt this was a safety ordinance trying to influence land use and zoning issues. He stated the no shooting area should be conservative and the topographical boundary made sense. Commissioner Angel said she agreed with mostly everyone that spoke in that there is already a no shooting area established and it provides for the safety of the community. She said she has not seen any indication that that safety is in jeopardy with the current ordinance and she could not support this. She said if there are any modifications, they should come before the review committee. Commissioner Endresen said much of today's testimony was not about the boundary but whether or not to establish a no shooting area. She believed these testimonies would have been timely at the original hearing when the Board was deciding on boundary lines and accepting the petition. She said the resolution has already been adopted. Commissioner Endresen said some comments were mentioned that there was no evidence of harm but there had been four complaints in a two-year period and she did not believe that someone needed to be injured before action could be taken. She believes there is a need for a place for individuals to practice their sport as well as a place to learn firearm safety. As she understood, Commissioner Endresen said the review committee was formed to establish the criteria for ranges and additional no shooting areas with the criteria being that there would be a petition signed by 51% of the property owners in the proposed area. She believes the review committee did its job and was dissolved but was unsure whether there was a formal sunset date for the dissolution. She believes there are good reasons to alter the boundaries in order for it to be logical in fitting with the original language since safety is the main issue. She did not feel that property should be considered outside the proposed area and perhaps the best solution would be to divide the section in half. Chair Botkin said the resolution has been adopted, this is the way the ordinance was interpreted and this is how it has functioned in the past via the petition process. He said he did not like the County's current process and believed that there should be a default no shooting area in the County within a certain distance from buildings. He said he did not believe this is a control issue but a safety issue. Chair Botkin said the petition follows state law and the Board has received lots of testimonies indicating that safety could be an issue within a certain range. Chair Botkin suggested that the boundary line be 900 feet west of the May Ranch community which would encompass the ridge that he felt provided ample protection. Discussion was held among the Board members regarding the 900-feet range and protection from shooting at the base of the ridge. This matter is continued to May 6, 2002 for decision only with no additional testimony. 10:00) F Public hearing to consider an Ordinance adopting the South Kitsap ULID # 6 Sub Area Plan and Urban Growth Area and directing preparation of corresponding amendments to the Kitsap County Comprehensive Plan, Zoning Code and other applicable development regulations. Chair Botkin said this issue had been before the Planning Commission, discussed at open houses and the Planning Commission has recommended four alternatives to the Board of Commissioners. He said the Board of Commissioners reviewed testimony taken at previous public hearings as well as the minutes from the Planning Commission and at a decision only hearing; the Board gave staff directives as it related to a more formal ordinance change. Darryl Piercy, Department of Community Development, said the Board had directed staff to develop an ordinance that is consistent with the directions outlined in its decision. He said the proposed ordinance sets forth a number of findings, some of which came from the Planning Commission as well as the finding that addressed alternative #3 and the modified version approved by the Board on April 1, 2002. Piercy said the attachments to the ordinance includes the policies and goals set forward by the Board at the April 1, 2002 public hearing, the boundaries of ULID #6 as the boundaries of the Sub-Area Plan and the conceptual approach to development within the sub-area. He said additional instructions to staff were to move forward with development of implementing regulations that would apply the policies and goals that were adopted as part of the modified alternative #3. He said this action did not change the zoning designation for the property but identified the boundaries of the sub-area, the alternatives for the sub-area in terms of development and included additional language that set forth the policies and goals that would incorporate smart growth principles and the clustering concept of development. Bob Johns, McCormick Land Company, urged the Board to adopt the proposed ordinance. Ron Ross questioned whether the SMART Growth principles were actually a written set of adopted goals. Tom Donnelly, Kitsap Citizens for Responsible Planning, said in their January 15, 2002 letter to the Board urged it to approve the recommendation from the Planning Commission to deny this proposal. He recommended the Board remand the current proposal to the Planning Commission for reconsideration because they were not apprised of the island UGA or the broader mixed-use alternative. He said he had no advance notice of the exact content of the ordinance. Commissioner Endresen said she believes McCormick Land Company does first class work and will do a good job on this project. She said however when voting on land use issues, she looks at the issues and the process and not the people involved. She believes this project would stunt growth and that growth is inevitable. Commissioner Endresen said she believes the population projection numbers were fairly conservative and the reason she is voting "no" on this project is that planning for 4,100 residential units is creating a new city within three miles of an existing city. Chair Botkin said he is aware that the County has growth issues and if the sequencing had been done the way that it should have then the Board would probably not be reviewing this matter. He said he knew this was greenfield development and he did not like it but felt in the long term this would be a good quality community for Kitsap County. He feels it provides better environmental protection and believes it will provide the County with some transportation information, walk around communities, smart growth principles and mixed- use type issues that could serve as a template for the County as it moved forward with similar types of projects in the future. A motion was made by Commission Angel and seconded by Chair Botkin that the Board enact Ordinance No. 269-2002** thereby adopting the South Kitsap ULID #6 Sub-Area Plan and Urban Growth Area and directs preparation of the corresponding amendments to the Kitsap County Comprehensive Plan, Zoning Code and other applicable development regulations. Commissioner Endresen voted No. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board: A. Approve Minutes of April 15, 2002. B. Approve Warrant Nos. 2988432 through 2989756 in the amount of $2,147,698.08. Motion carried unanimously. 2) SHERIFF'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 075-2002* thereby depositing a portion of the Commissary Fund into a bank account to establish a prisoners revolving checking account. Net Fiscal Impact: $5,000. Source of Funds: Commissary Fund (135). Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract with Kitsap Community Resources (KC-142-02) to provide alternatives to incarceration in the form of community service (Americorps). Net Fiscal Impact: Saves the County $62.00/day/inmate by providing this alternative to incarceration. Source of Funds: County GA & O Fund. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract with WA State Employment Security-Employment Support Project (KC-097-02) to provide employment, job development and on-going individual supported employment services to adults with disabilities for the period of January 1, 2002 through June 30, 2003. Net Fiscal Impact: $192,566. Source of Funds: DSHS, Div of Dev Disabilities. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the employment contract with Bert Furuta (KC-192-02) documenting the continuing terms and conditions of employment as Director for the Kitsap County Department of Personnel and Human Services. Net Fiscal Impact: None. Source of Funds: Motion carried unanimously. 4) DEPARTMENT OF PUBLIC WORKS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the Quit Claim Deed for the Bainbridge Island Landfill property. Net Fiscal Impact: N/A. Source of Funds: N/A. 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 Angel that the Board approve and execute the contract amendment with General Construction Company (KC-077-02A) for the NW Taylor Road Bridge Construction. Net Fiscal Impact: $400,000 (estimated total project cost). Source of Funds: Road Fund. Motion carried unanimously. C. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract with Wilder Construction Company (KC- 217-02) for construction of the NW Anderson Hill Road Bridge. Net Fiscal Impact: $1,112,129. Source of Funds: Road Fund-Public Works Trust Fund. Motion carried unanimously. 5) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the lease agreement with KITZ Radio, Inc (KC-166-02) for lease of property and use of tower facility. Net Fiscal Impact: Annual revenue of $4,800. Source of Funds: Revenue to the Real Estate Excise Tax Fund. Motion carried unanimously. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Paulette Degard, Kitsap Kids Playground, gave a brief overview of a 14,000 square feet kid's playground to be constructed in 6 days near the Kitsap County fairgrounds complex. She asked for additional volunteers. 7) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 076-2002* thereby revising the Board of Commissioner's Policy Manual Index and numbering system and adopting policies pertaining to 6-Year Planning and other administrative issues. Net Fiscal Impact: No net increase. Source of Funds: Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 077-2002* thereby approving $5.00 per day increase in per diem for the Board of Equalization members. Motion carried unanimously. 8) BOARD OF COMMISSIONER'S COMMENTS: A. The Board officially welcomed Jon Brand as the newly appointed Assistant Public Works Director. B. Commissioner Endresen announced that the LiDAR presentation is scheduled for May 6, 2002. She said she attended several events this past Saturday including the opening of the Model Airplane Field and the Indianola Ballfield celebration. C. Commissioner Angel invited the public to stop by the Silverdale Mall, May 27, 2002 from 4:00 PM to 8:00 PM for the National Dance Week celebration. D. Chair Botkin invited the public to attend CK Council and Visioning Group open house scheduled for May 27, 2002 at 9:30 AM and the Central Kitsap High School. Public meeting adjourned at 12:25 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: 04/22/02 12:15 PM Lunch- Volunteer Recognition Reception 2:00 PM Administrator's Briefing-BCC Conference Room 04/23/02 11:00 AM "Women of Achievement Luncheon"-Bangor Base 04/24/02 9:00 AM Work Study Session-PW 3rd Floor Conference Rm 7:00 PM Kingston Town Meeting – Kingston Jr. High School 04/25/02 8:00 AM "Take Our Daughters To Work Day" 04/26/02 04/27/02 THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE APRIL 29, 2002, 6:00 PM, PRESIENTS HALL, KITSAP COUNTY FAIRGROUNDS 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) APRIL 29, 2002: 6:00 PM) Public hearing to consider the Kitsap County Planning Commission's recommendation that the Commissioners adopt an Ordinance amending Kitsap County's Comprehensive Plan and to receive oral and written testimony and possibly make a decision on Draft Comprehensive Plan Amendments which includes proposals for: 1) Textual revisions to the Kitsap County Comprehensive Land Use Plan, dated May 7, 1998; 2) Site-specific amendments to the Comprehensive Plan Land Use Map and Zoning Map; and 3) Map corrections to the Comprehensive Plan Land Use Map and Zoning Map. NOTE: This hearing will be held at the Presidents Hall at the Kitsap County Fairgrounds, 1200 NW Fairgrounds Road, Bremerton, WA. In the event the Board is unable to hear all testimony at this time, the Public Hearing will be continued to April 30, 2002, 7:00 PM, at the Kitsap Pavilion, 1200 Fairgrounds Road NW, Bremerton, WA. MAY 6, 2002: 10:00) Employee of the Month Recognition 10:00) A Presentation on the Light Detection and Ranging Project (LiDAR). 10:00) B Public hearing to consider a Resolution approving a Supplemental Appropriation increasing the budget of the General Fund in the amount of $99,744 in order to accept a contract with Jefferson County and a grant from the U.S. Department of Transportation. 10:00) C Public hearing to consider a Petition to Vacate a portion of Albright Avenue SE in the Plat of Curley Creek Villa Tracts filed by Gerald and Sandra Hale. The proposed vacation area is approximately 17,509 square feet (40 foot width x 438 feet length) and located in South Kitsap, Commissioner District No. 2. 10:00) D Public hearing to consider a Resolution temporarily closing NW Anderson Hill Road to all classes of vehicular and pedestrian traffic between Rising Hill Lane NW and Anderson Landing NW for removal of an existing culvert and construction of a concrete bridge. Anticipated time of closure will be from Tuesday, May 7, 2002 to approximately Monday, December 16, 2002. 10:00) E Public hearing to consider a Resolution closing NE Gluds Pond Road causing it to become a dead-end road running easterly from SR 303 (Waaga Way) for a distance of 700 feet. This closure is in conjunction with Washington State Department of Transportation's safety improvements to SR 303. KITSAP COUNTY COMMISSIONERS MINUTES, APRIL 22, 2002 Page 125 Page 115