M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS June 10, 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, 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) Recognition of the Outstanding Wastewater Treatment Plant Award received for the Manchester Wastewater Treatment Plant. Dave Nunnelly and Amy Jankowak, Department of Ecology, presented the Outstanding Wastewater Treatment Plant Award to Kitsap County on behalf of the Manchester Wastewater Treatment Plant stating that this is the 7th year in a row that the facility has received this award. Nunnelly said this award is also meant to give special recognition to the plant's certified staff that operate and maintain the treatment system, perform laboratory analyses and keep daily monitoring records. Rick Gagnon, Public Works Department, thanked the staff for a job well done. 10:00) Proclamation/Resolution proclaiming Friday, June 14, 2002 as National Flag Day observance in Kitsap County. 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 adopts Resolution No. 107-2002* thereby proclaiming Friday, June 14, 2002 as National Flag Day observance in Kitsap County. Motion carried unanimously. 10:00) A Proclamation/Resolution proclaiming the first Sunday in August of each year as International Forgiveness Day in Kitsap County. Sally Santana gave a brief overview of the proposed resolution stating that this was in conjunction with Worldwide Forgiveness Alliance in an effort to establish the first global holiday, International Forgiveness Day, to honor and a acknowledge individuals and organizations who are "Heroes of Forgiveness". Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopt Resolution No. 108-2002* thereby proclaiming the first Sunday in August of each year as International Forgiveness Day in Kitsap County. Motion carried unanimously. 10:00) B Public hearing to consider a Resolution for the temporary closure of Banner Road SE between Olalla Valley Road SE and SE Willock Road from 7:00 AM, Monday, June 17, 2002 through 5:30 PM Friday, June 28, 2002 to all classes of vehicular and pedestrian traffic for realignment of the vertical curve at the SE Fragaria Road Intersection in order to improve safety. Project is located in South Kitsap, Commissioner District No. 2. Net Fiscal Impact: $125,000. Source of Funds: Road Fund. Dusty Wiley, Public Works Traffic Division, gave a brief overview of the proposed resolution stating that it would temporarily close Banner Road SE between Olalla Valley Road SE and SE Willock Road to vehicular traffic. He said road crews would be realigning the vertical curve at the SE Fragaria Road Intersection in order to improve safety. Joe Kopta, resident of the area, said he did not agree with the road closure and is concerned about the cost of the improvements. He did not believe it was that big of a safety issue. Bob Kopta, resident of the area suggested that the County institute a 4-way stop at the area instead of getting rid of the bump in the road. Discussion was held between the Board and Wiley regarding the speed limit on Banner Road, improvements to the road, the number of fatal accidents in that area, enforcing the speed limit and certain funds designated for road improvements only. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopt Resolution No. 109-2002* thereby approving the temporary closure of Banner Road SE between Olalla Valley Road SE and SE Willock Road from 7:00 AM, Monday, June 17, 2002 through 5:30 PM Friday, June 28, 2002. Motion carried unanimously. 10:00) C Public hearing to consider an application filed by James and Arzetta Von Seggern for Current Use Assessment Timberland Open Space on 18.52-acres of a 20.52-acre parcel located at 8319 NE 360th Street in North Kitsap, Commissioner District No. 1. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Timber Land Open Space must be five or more contiguous acres devoted primarily to the growth and harvest of forest crops for commercial purposes. She said the site is being managed to meet reforestation-stocking levels for timber production. Gonzalez said the planning staff have reviewed the application and the Timber Management Plan for the subject property and has found the application to be eligible for the Open Space classification. She said staff and the Planning Commission recommends approval. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the application filed by James and Arzetta Von Seggern for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) D Public hearing to consider application filed by Jon and Nancy Jo Rauch for Current Use Assessment Timberland Open Space on 5.37 acres of a 6.37-acre parcel located at 1992 NE Sawdust Hill Road in North Kitsap, Commissioner District No. 1. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Timber Land Open Space must be five or more contiguous acres devoted primarily to the growth and harvest of forest crops for commercial purposes. She said the site is being managed to meet reforestation-stocking levels for timber production. Gonzalez said the planning staff have reviewed the application and the Timber Management Plan for the subject property and has found the application to be eligible for the Open Space classification. She said staff and the Planning Commission recommends approval. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the application filed by Jon and Nancy Jo Rauch for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) E Public hearing to consider application filed by Paul Polson for Current Use Assessment Open Space General on approximately 3.92 acres of a 5.5-acre parcel located at 25545 Pioneer Way NW in North Kitsap, Commissioner District No. 1. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Open Space must have a minimum of two priority resources as defined in the Open Space Plan. She said the subject property contains four priority resources - wetland, ponds and streams, significant wildlife habitat and a conservation easement. Gonzalez said the planning staff has reviewed the application and the Kitsap County Open Space Plan has found the application to be eligible for the Open Space classification. She said the Planning Commission recommends conditional approval. Richard A. Brown addressed the Board with concerns about the number of properties being taken off the tax rolls and placed into open space. He felt that there should be break for senior citizens. Paul Polson, applicant, said that his property could be used for other things and could be a "moneymaker" for him but he liked the idea of having his property in a natural state. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the application filed by Paul Polson for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) F Public hearing to consider application filed by John and Cheryl Obert for Current Use Assessment Timberland Open Space on 8.15-acres of a 9.15-acre parcel located at 14771 Bandix Road in South Kitsap, Commissioner District No. 2. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Timber Land Open Space must be five or more contiguous acres devoted primarily to the growth and harvest of forest crops for commercial purposes. She said the site is being managed to meet reforestation-stocking levels for Christmas tree and timber production. Gonzalez said the planning staff have reviewed the application and the Timber Management Plan for the subject property and has found the application to be eligible for the Open Space classification. She said staff and the Planning Commission recommends approval. Scott Henden addressed the Board with concerns about the tax shift on properties placed into open space. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve the application filed by John and Cheryl Obert for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) G Public hearing to consider application filed by William Arness for Current Use Assessment Timberland Open Space on 5.5 acres of a 6.5-acre parcel located at 7509 SE Nelson Road in South Kitsap, Commissioner District No. 2. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Timber Land Open Space must be five or more contiguous acres devoted primarily to the growth and harvest of forest crops for commercial purposes. She said the site is being managed to meet reforestation-stocking levels for timber production. Gonzalez said the planning staff have reviewed the application and the Timber Management Plan for the subject property and has found the application to be eligible for the Open Space classification. She said staff and the Planning Commission recommends approval. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve the application filed by William Arness for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) H Public hearing to consider application filed by Dennis and Janice Haines for Current Use Assessment Open Space General on approximately 3.54 acres of a 4.54-acre parcel located at 7181 SE New Jane Lane in South Kitsap, Commissioner District No. 2. Karanne Gonzalez, Department of Community Development, gave a brief overview of the application stating that properties qualifying for Open Space must have a minimum of two priority resources as defined in the Open Space Plan. She said the subject property contains four priority resources - wetlands, ponds and streams, significant wildlife habitat, farm and agricultural conservation land and watersheds. Gonzalez said the planning staff has reviewed the application and the Kitsap County Open Space Plan has found the application to be eligible for the Open Space classification. She said the Planning Commission recommends conditional approval. Dennis Haines, applicant, said he has owned the property for approximately 30 years and is attempting to bring the property to its original state when he first purchased the place. He said it was a wildlife preserve and he liked living there. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve the application filed by Dennis and Janice Haines for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) I Public hearing (for decision only) to consider the Kitsap County Planning Commission's recommendation that the Commissioners adopt an Ordinance amending Kitsap County's Comprehensive Plan together with a Resolution relating to Growth Management, Establishing Target Dates for Completion of Tasks, Work Items and Studies as required by the Kitsap County Comprehensive Plan, and to 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. Darryl Piercy, Department of Community Development, said the amendments dealing specifically with site-specific applications and map corrections have been before the Board and action had been taken. He said today's hearing is to review and seek action on the text amendments to the Comprehensive Plan. Piercy said staff has provided two items in the Board's packet, one is identified as Attachment 1 which is an attachment to the adopting ordinance that deals exclusively with the text amendments and the other item is identified as Rationale Regarding the Proposed Text Amendments to the Comprehensive Plan which provides the breakdown of the specific recommendations and history of the modifications to Attachment 1. Piercy said Chapter I provide for text changes or "housekeeping measures" dealing with an area in which land at one time was owned by the state and has since been purchased by Kitsap County and general housekeeping comments/written correspondence received addressing any issues relating to this chapter. Piercy said also included in the Board's packet was and ordinance and a resolution that outlines a work program or set target dates for elements of the work program of the comprehensive plan. He said the resolution would allow the Board to update the work plan as necessary reflecting the target dates progress without going through a comprehensive plan amendment process. Piercy said this is also similar to the process that will be undertaken for the Stormwater Manual. Piercy said Chapter II is the land use section of the comprehensive plan and there are target dates removed from this area of the plan that will appear in the attachment as part of the resolution. Rationale Regarding the Proposed Text Amendments to the Comprehensive Plan, dated may 21, 2002 (the Board and staff used this document to track its discussion and changes): Page 5, item 6 – modified to read: The scope of Amendments to the comprehensive plan map or policies will be considered annually pursuant to the requirements of Ordinance No. 254-2001. Discussion between the Board and Piercy regarding annual comprehensive plan amendments, possible site specifics at the annual review process, amendment review timeline for 2003, proposed citizen group to help determine initial docket for amendment review and whether Ordinance 254-2001 designated a "by-when" date for considering scope of amendments for that year. Page 6, Table LU-2 – Board requested staff to designate acreages to be developed once the site-specific amendments to the Plan map are adopted. Piercy said the acreages were modified and changed as a result of the Board's action taken on the site specifics. Page 7, item #11, lines 38-39 – Board's and staff discussion dealing with target dates as outlined in the resolution in the Work Program. Page 8, top paragraph – modified to read: Supplemental regulations or development guidelines will be considered, as appropriate, for traffic, parking, access, signs . . . Page 8, item #12 – The Board suggested modifying the statement to read: Combine Light Industrial and Heavy Industrial into one Light Industrial category as depicted on the Comprehensive Plan Land Use Map. Piercy said for clarification and direction, staff would deal with this issue at staff level and work with it through the next cycle. Commissioner Endresen said if there were any other problems in which the map does not coincide with the Comprehensive Plan the map should be adjusted. Discussion was held between the Board and staff relative to the numbering not matching on the Rationale document and Attachment 1. Page 9, item#13 (Kitsap County Off-Road Trails Plan) – The Board suggested modifying the statement to read: Recommended goals and polices of the Recreation Component provide for recreation and transportation alternatives through the provision of bicycle, pedestrian… Page 9, item#13 (Kitsap County Off-Road Trails Plan) – The Board suggested modifying the statement to read: … it is appropriate for the Parks Department to assume responsibility for the implementation of this section of the Greenways Plan in coordination with the Department of Community Development and the Department of Public Works. Page 9, item #13 (Goals) – The Board suggested modifying the statement to read: Build a Greenways Network of non-motorized within the right of way commuter trails and… Page 10, item #13 (Policies) - The Board suggested modifying the statement to read: Coordinate Greenway implementation efforts with the Transportation Chapter to develop a system within the right of way, non-motorized transportation facilities that… Page 13, SW-4 line 13 – The Board suggested modifying the statement to read: … provide permanent facilities for the treatment of water runoff quality and quantity control. Page 13, item #21, SW-13 - The Board suggested modifying the statement to read: Encourage low-impact development practices by utilizing best management practices for stormwater control where appropriate and monitoring the effectiveness of such practices. Page 13, item #21, line 43 – added the word addressing. Page 14, item #1 Rural Clustering, line 24 – should read: …and encourage instead of encouraging… Page 16, item #5, lines 19 and 20 – At the request of the Board, the purpose of "native vegetative" was added. Page 16, item #7, line 33 – The Board suggested modifying the statement to read: Kitsap County shall refer to the recommendations of adopted Watershed Plans… Page 18, item #13, line 46 - The Board suggested modifying the statement to read: Kitsap County shall work with appropriate state agencies, local tribes and community organizations… Page 19, item #16, line 18 - The Board suggested modifying the statement to read: Kitsap County will work with local, state and federal agencies, area tribes, communication organizations and adjacent jurisdictions… Page 20, item #18, line 34 – added the word particulates to the sentence. Page 21, item #20, lines 7 and 8 - Board suggested modifying the statement to read: …outdoor burning to include: compost training, curbside and drop-off recycling of yard debris. The County will encourage that recycling of… Page 21, Chapter 5, item #2 – deleted. Page 23, item #2, line 13 - Board suggested modifying the statement to read: Maximize the opportunity for non-motorized travel, including development of greenways, which are safe for all ages. Page 23, item #5, lines 40-42 – Language modification suggested by Planning Commission: Encourage mixed uses and high density, transit oriented development where appropriate near ferry terminals to reduce motorized transportation. Page 24, item #8, line 15 – P & R facilities modified to read: park and ride. The Board thanked William Palmer for the information he submitted on behalf of the Alliance of Property Owners and Landowners Coalition as well as thanked the Homebuilders Association and the Tribes for their input. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the text amendments per discussion contained in today's record. Motion carried unanimously. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board enact Ordinance No. 274-2002** relating to Growth Management, amending the Comprehensive Plan and Map for 2001 and making corresponding amendments to the Kitsap County Zoning Code and Map as amended in today's public hearing. Motion carried unanimously. Commissioner Angel said she supports staff recommendation for the 2003 Comprehensive Plan Amendment Process to formerly begin in October and to seek community input as suggested by Piercy. Commissioner Endresen said relative to the Resolution and the Commercial Uses Implementation Strategies and Programs and the Shoreline Open Space Preservation, she would like the target dates changed to 2004 and perhaps considered in the budget for next year. Discussion was held between the Board and Piercy referencing a goal to accomplish consistency in the urban growth areas between incorporated and unincorporated areas, working with the cities, the county-wide planning policies, the Board's request being consistent with DCD's work plan, modifying work plan dates to read no later than 2008 with a target date for completion by 2004 as approved and consistent with the Comprehensive Plan, delete the statement date relative to economic diversification and the scope of the annual review determined no later than the first quarter of each year beginning in 2004. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 110-2002* thereby relating to Growth Management, Establishing Target Dates for Completion of Tasks, Work Items and Studies as required by the Kitsap County Comprehensive Plan, and to make a decision on Draft Comprehensive Plan Amendments as discussed with staff in today's hearing. Motion carried unanimously. 10:00) J Public hearing to consider a Resolution to amend the Kitsap County Stormwater Manual per section 12.04.020 of the Kitsap County Code. Net Fiscal Impact: $1,700 (printing cost). Source of Funds: General Fund. Dave Tucker, Department of Community Development, said the proposed resolution changed the methods only and not the standards in the Stormwater Manual. He said the proposed changes included correction of grammatical and spelling errors, correction of Hydrologic Soil Group Classification of Poulsbo and Kilchis soils, new hydrologic modeling parameters for pervious pavers and compost-amended soils, addition of compost berm as an erosion control best management practice, revised permit process sections of Chapter 2 and Appendix 2A to refer to Department of Community Development instead of Public Works, creation of two pre-engineered strategies for rural residential projects that meet the existing definition of major developments, clarification of design requirements for wet vaults and wet tanks, procedures for submitting experimental water quality best management practices until the State Department of Ecology establishes a process, creation of a generic maintenance manual for stormwater facilities that is consistent with the standards found in the existing chapter 8 and other revisions or amendments deemed necessary and prudent by the Kitsap County Board of Commissioners. Art Castle, Homebuilders Association, said Tucker has worked with the Association and these were some generic options creating opportunities for developers. Vivian Henderson questioned how she could a copy of the proposed resolution and the proposed changes. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 111-2002* thereby amending the Kitsap County Stormwater Manual per section 12.04.020 of the Kitsap County Code. Motion carried unanimously. 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 June 3, 2002. B. Approve Warrant Nos. 2997654 through 2998453 in the amount of $3,110,275.91. Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and executes the contract amendment with Paladin Data Systems, Inc (KC-293-00B) for the Land Information System. Net Fiscal Impact: $511,043. Source of Funds: GA&O and Information Services 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 executes the Memorandum #2 to the Collective Bargaining Agreement with The Kitsap County Deputy Sheriff Guild regarding annual leave cash-out to a former sheriff deputy. Net Fiscal Impact: $6,075. Source of Funds: County General Fund. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 112-2002* thereby creating an Internal Auditor position in the Auditor's Office. Net Fiscal Impact: Approximately $32,979 to $36,361for 2002, depending upon step placement. Source of Funds: Reallocated from GA&O. Motion carried unanimously. 4) PARKS & RECREATION DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract amendment with Davis Amusements Cascadia, Inc (KC-393-99A) extending the contract term from 2003 to 2005 and modifying the language used to describe game booth fees at the Kitsap County Fair carnival. Net Fiscal Impact: $0. Source of Funds: Parks & Recreation (Fair/Carnival). Motion carried unanimously. 5) PUBLIC WORKS DEPARTMENT: 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 approves and executes the contract with Harlow Construction, Inc (KC- 287-02) for construction improvements to Randall Way/Kitsap Mall Blvd. Net Fiscal Impact: $1,923,728.50. Source of Funds: Road Fund/TIB Grant Fund. Motion carried unanimously. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Scott Henden addressed the Board with concerns about a need to define what the "Speak Out" forums were really about. B. Richard Brown addressed the Board with concerns about the housing crisis in the County. C. Mel Hogerson addressed the Board with concerns about the stormwater issues and the Department of Ecology and the Federal Clean Water Act. 7) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: 8) BOARD OF COMMISSIONER'S COMMENTS: Public meeting adjourned at 12:50 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: 06/10/02 8:00 AM B.I. Economic Vitality Conference-Wing Point Golf Club 12:00 PM Lunch-Twetens 2:00 PM Administrator's Briefing-BCC Conference Room 06/11/02 8:00 AM BOCC Retreat- Island Lake Community Center 06/12/02 9:00 AM Work Study Session-PW 3rd Floor Conference Rm 06/13/02 06/14/02 06/15/02 THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE JUNE 17, 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) JUNE 17, 2002: 10:00) A Continuation of a Closed Record Appeal hearing (for decision only) to consider an appeal filed by Marcus V. Douglas Jr. of the Hearing Examiner decision rendered on February 7, 2002 to grant the appeal of the Olympic Sportsman's Club of the Director's Code Interpretation that private recreational facilities are not allowed in the Interim Rural Forest Zone. On February 19, 2002, Brad McDermott, Kathleen Ottarson and Marcus V. Douglas, Jr. filed a timely Request For Reconsideration. The Hearing Examiner denied the Request for Reconsideration on April 3, 2002. JUNE 24, 2002: 10:00 A Public hearing to consider a request filed by the Church of South Colby to lift the 6-year development moratorium on approximately 2.31 acres with the intent to convert from forestry use to a Conditional Use for a neighborhood community park on property located approximately 500 feet North of the Arvick Road SE and SE Fernbrook Lane intersection on the West side of Arvick Road SE in South Kitsap, Commissioner District No. 2. KITSAP COUNTY COMMISSIONERS MINUTES, JUNE 10, 2002 Page 190 Page 178