M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS May 6, 2002 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, Acting Clerk of the Board, Pat Lawson 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 of the Month Recognition Congratulations and Certificates of Appreciation was presented the following Department of Community Development employees on being selected employee team of the month for May: Laura Ditmar, Jason Rice, Robert Alire, Shannon Bauman, Jonathan McCloud, Tiffany Woltersdorf, Eric Baker and Alice Strand. 10:00) A Presentation on the Light Detection and Ranging Project (LiDAR). Phyllis Mann, Department of Emergency Management and Jerry Harless, Puget Sound Regional Council, gave a brief overview and PowerPoint presentation of the LiDAR (Light Detection and Ranging) project stating this is a remote-sensing technology for measuring the shape and elevation of the earth's surface using a laser beam emitted and read from an airplane or helicopter. Mann said the United States Geological Survey (USGS) has secured funding for a LiDAR survey of the Kitsap Peninsula, Seattle has funding for the City's utility service area and the Puget Sound Regional Council along with NASA has funding for the area east of Seattle. She said USGS is interested in using this technology to find earthquake-related formations along the Seattle Fault, which runs east from Hood Canal, through Bremerton, Seattle and Bellevue to the Cascade Mountains. She said local jurisdictions including Kitsap County are interested in acquiring a detailed elevation model to more accurately locate streams, steep slopes, flood planes and landslide hazards. 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. 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 adopt Resolution No. 078-2002* thereby 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. Motion carried unanimously. 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. Jim Barnard, Development Engineering Division, gave a brief overview of the petition stating the portion of Albright Avenue requested to be vacated is approximately 40 foot width x 438 feet length and is an unopened and un-maintained road. He said the applicants owned two tracts of land on the east and west side and that the property on the east side is segmented by Curley Creek. He said by vacating this right a-way, it would incorporate the two parcels thus giving the applicants enough room to build between Locker Road and Curley Creek and without disturbing the sensitivity of the creek. Barnard said various county departments have reviewed the petition and they recommend approval. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve the Petition to Vacate a portion of Albright Avenue SE in the Plat of Curley Creek Villa Tracts filed by Gerald and Sandra Hale; further that an Order be executed so stipulating. Motion carried unanimously 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. Approximate time of closure -Tuesday, May 7, 2002 to Monday, December 16, 2002. Dusty Wiley, Public Works -Traffic Operations, gave a brief overview of the project stating that it is located in the Seabeck area and there is an approximate 60-inch pipe under the road with its top portion exposed. He said the pipes are dated and there have been some backup from recent rains. Wiley said this pipe is crucial and the entire road will have to be taken out and a 127-foot bridge constructed to replace it. He said it will close the entire road and the traffic will be detoured via Seabeck Highway up to Newberry Hill or Dickey Roads. Discussion was held regarding the location of the site, whether this road has been previously washed out and the flow of traffic in the area during the closure. A motion was made by Chair Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 079-2002* thereby 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. Motion carried unanimously. 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. Dusty Wiley, Public Works -Traffic Operations, gave a brief overview of the project stating that the closure is in conjunction with Washington State Department of Transportation's safety improvements to SR 303 and Waaga Way. He said there had been some accidents on this corridor as well as discussions on which end of the road to close off, the Brownsville Highway end or closer to the other end. Wiley also said on the lower end, there is a fish passage obstruction that needs to be resolved and that it will be closed eventually. Wiley said there are four residents on this stretch of road, the closure would affect very few residents and those individuals could go to the intersection and make their left turns as well as exit and enter the Brownsville Highway. Discussion was held between the Board and Wiley regarding whether a left turn will still be allowed, whether the closure would affect the four properties mentioned above, the fish passage and a reduction of traffic in the area. Cindy Ninemire said she lives on the Brownsville Highway and uses the Gluds Pond Road quite often and would like to have other comments on this project prior to adoption as well as review the accident statistics. Richard Dornand said he lives on Roy Road and uses the Brownsville Highway quite often as well. He believes the wrong end of Gluds Pond Road is being closed and suggested that a similar project should be done here as was done on Nels Nelson Road, putting in concrete barriers and K-rails, not allowing left turn into Gluds Pond Road and closing off the left turn lane coming onto Highway 303. Chair Botkin reminded the audience that the Board is only addressing the County's portion of the roadway and could not formally address the access on and off Highway 303, which is a state road. Discussion was held among the Board members regarding the final configuration of the road, whether the left turn lane would remain, the safety implementation issue, the exact location on where to close Gluds Pond Road, the number of accesses to the area, additional discussion with the state and the fish passage culvert. This matter is continued to May 20, 2002 for additional information. 10:00) F Continuation of a public hearing (for decision only) to consider an Ordinance amending Kitsap County's Shooting ordinance and adding the May Ranch No Shooting Area. Kelly Robinson, Department of Community Development, said this is the final action in the process that began on March 11, 2002 in which the Board held a public hearing on a petition to create a no-shooting zone in the Bear Lake area. On April 1, 2002, he said the Board adopted a resolution approving the petition and has since held several hearing to determine the boundary for the no-shooting zone. Robinson said the new proposed boundary which on is the back of the ridge takes no more property than is necessary from the surrounding areas and is further described in the attached resolution and ordinance. He said if the Board chose to accept the boundary, it would need to adopt a new resolution inclusive of the boundary description and amend the Ordinance, Title 10.24 to implement. Commissioner Endresen felt this is a good compromise in that it helps promote safety for the May Ranch residents and did not preclude the citing of the shooting range and properties that abuts this area. Commissioner Angel stated that she could not vote to implement new zoning in this area as she felt it is a layering of regulation, which is not needed. She said in the current regulations, all home sites are protected from shooting in the direction of habitable structures. She said this area abuts two other "no shooting" zones and believes enforcement is the key and not changing the zoning and layering the regulations. Chair Botkin felt the best thing the Board could do was address this a safety issue. He felt that the directional shooting regulation would be confusing for someone trying to determine when they were shooting towards a house that was 500 yards through trees. He felt this is a good compromise in that it physically describes the area in which one could not shoot thus placing others at risk. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board adopt Resolution No. 080-2002* and enact Ordinance No. 270-2002** thereby establishing the boundary for May Ranch No-Shooting Area and amending Kitsap County Ordinance and adding the May Ranch No-Shooting Area. Motion carried. Commissioner Angel 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 22 and 29, 2002. B. Approve Warrant Nos. 298957 through 2990785 in the amount of $2,929,501.56. C. Refer the following to the Prosecutors Office and the Risk Manager: 1) Claim for Damages filed by Bernard Osborne. Motion carried unanimously. 2) SHERIFF'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract amendment with The City of Bainbridge Island (KC-231-96F) for the detention and incarceration of adult person arrested and/or committed to confinement by the City. Net Fiscal Impact: $62.00/person confined for each 24-hour period or any portion thereof. Source of Funds: City of Bainbridge Island. 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 Memorandum of Understanding #2 with Teamsters local 589 (KC-010-01B) regarding time loss and seniority to the Collective Bargaining Agreement covering Parks and Recreation Department employees. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board Contract amendment #2 to the Collective Bargaining Agreement with The Kitsap County Deputy Guild (KC-478-00D) regarding grievance time lines and the effective date of the 2002 wage increase. Net Fiscal Impact: $7,628. Source of Funds: County General Fund. Motion carried unanimously. 4) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract amendment with Gateway Heating & Air Conditioning Inc (KC-237-02) for HVAC upgrades to the Courthouse Computer room. Net Fiscal Impact: $80,499. Source of Funds: Information Services Fund. 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 Yamamoto Hydro- seeding & Landscaping (KC-406-01) for landscape work at Rotary Park. Net Fiscal Impact: $35,902.50. Source of Funds: Park Acquisition & Development Fund. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 081-2002* thereby transferring computer equipment between the Department of Emergency Management and the Department of Administrative Services, Information Services & Purchasing Division and transferring computer equipment from the Information Services & Purchasing Division to the Recovery Center. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. 5) DEPARTMENT OF PUBLIC WORKS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract amendment with WA State Department of Transportation (KC-338-98C) for the Scandia Creek Fishway/Viking Way NW Fish Passage Barrier project. Net Fiscal Impact: $24,000. Source of Funds: SSWM Utility Funds. 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 Tetra Tec/KCM, Inc (KC-207-02) for the purpose of developing a Comprehensive Flood hazard Management Plan for the Clear Creek Watershed. Net Fiscal Impact: $125,000. Source of Funds: SSWM Utility Funds. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute contract with Berger/Abam (KC-176-02) for the Ridgetop Boulevard widening design project. Net Fiscal Impact: N/A. Source of Funds: Road Funds. Motion carried unanimously. D. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract with Berger/Abam (KC-194- 02) for the construction support services on the Anderson Hill Road/Anderson Creek Bridge. Net Fiscal Impact: $40,000. Source of Funds: Public Works Trust Funds. Motion carried unanimously. E. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the contract with Tetra Tec/KCM, Inc (KC-076-02) for the Myhre Road Improvement design project. Net Fiscal Impact: $146,712. Source of Funds: Road Funds. Motion carried unanimously. 6) PLANNED UNIT DEVELOPMENTS/PLATS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the final plat for President Point located east of Jefferson Beach Road on NE James Way in North Kitsap, Commissioner District #1. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. 7) AUDITOR'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 082-2002* thereby modifying petty cash for the Kitsap County CenCom Operations Fund. Net Fiscal Impact: $200. Source of Funds: CenCom Operations Fund. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute the Interlocal agreement with The Public Facilities District (KC-156-02) for accounting and auditing services. Net Fiscal Impact: $1,200. Source of Funds: Public Facilities District. Motion carried unanimously. 8) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Vivian Henderson said she enjoyed the LiDAR presentation and asked that a similar presentation be done on the Digital Airborne Imagery System (DAIS). B. Patricia Cobb, Banner Forest Trails Committee, addressed the Board with concerns about individuals still riding all-terrain vehicles in Banner Forest. C. Pam Logoshinski, Banner Forest Trails & Habitat Committee, addressed the Board with concerns about all terrain vehicle use in the forest as well as discharging of firearms in Banner Forest. D. Steve Boyer, Kitsap County Sheriff, said the Sheriff's Department had received a $21,000 check from the U S Navy for services performed on or immediately after September 11, 2001. He said relative to the incidents in Banner Forest, there needed to be alternatives for this popular activity and he is requesting his staff get together with the stake holders and other County staff to see how this matter can be addressed on an educational, engineering and enforcement aspect in order to do a comprehensive approach. E. Ron Ross said relative to closing Gluds Pond Road, he had attended most of the meetings hosted by the State Highway Department as well as submitted maps at those meetings. He felt that the State had pretty much complied with what the residents in the area wanted. He said he was one of the four property owners mentioned along the roadway. 9) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: 10) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Angel said she had judged the Sea Gull calling contest this past Saturday in Port Orchard. B. Chair Botkin reminded the audience of the Kitsap Kids Playground project marathon is still on-going and encouraged volunteers. C. Recess to executive session on Monday, May 6, 2002 at the hour of 1:30 PM to discuss personnel, litigation and land acquisition issues. Public meeting recessed at 11:45 AM. Public meeting reconvened from executive session at 2:30 PM: A. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board executes the lease/option agreement to purchase the Shaw property located in Central Kitsap, Commissioner District No. 3. Public meeting adjourned at 2:35 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: 05/06/02 12:00 PM Lunch-Employee of the Month (DCD staff) BCC Conf Rm 1:30 PM Executive Session – BCC Conference Room 2:00 PM Administrator's Briefing-BCC Conference Room 05/07/02 8:00 AM Kitsap Executive Council-Eagles Nest 5:30 PM KRCC Parks & Rec Policy Makers -Brem High School 05/08/02 9:00 AM Work Study Session-PW 3rd Floor Conference Rm 1:00 PM Unclaimed Cremates Ceremony -Old Silverdale Cemetery 6:30 PM WEAVE Meeting- Poulsbo Library 05/09/02 8:00 AM "Take Our Sons to Work Day" 05/10/02 05/11/02 THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE MAY 13, 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) MAY 13, 2002: No Public Meeting – Lack of Quorum MAY 20, 2002: 10:00) A Public hearing to consider an Ordinance relating to the County Budget, providing for biennial budgets rather than annual budgets. 10:00) B Closed Record Appeal hearing to consider an appeal filed by David A. Roberts on behalf of Eric Cleaver of the Hearing Examiner decision to deny a Conditional Use Permit application (Cleaver Construction Storage Yard) for construction and operation of a contractor's storage yard, including a single-family residence, office/shop facility for administrative functions and minor vehicle and equipment maintenance, parking for up to ten pieces of heavy equipment, bulk material storage yard, contractor supply storage yard, fueling area and employee and customer parking on a 36.23- acre parcel located in North Kitsap, Commissioner District No. 1. MAY 27, 2002: "MEMORIAL DAY" - No Public Meeting KITSAP COUNTY COMMISSIONERS MINUTES, MAY 6, 2002 Page 150 Page 141