M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS June 19, 2000 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, Commissioner Charlotte Garrido, County Administrator, Malcolm Fleming, Acting Clerk of the Board, Rosalie Sadler and Deputy Clerk of the Board, Opal Robertson. ITEMS SET FOR TIME CERTAIN: 10:00) Meeting Called to Order with Pledge of Allegiance. 10:00) A Presentations by Kitsap County Consolidated Housing Authority and Kitsap County Habitat for Humanity. Julie Graves, Kitsap County Housing Authority, said that this was a self-help housing project, known as Weaver House on Bainbridge Island. She said that each participating group had approximately 8 to10 families working on a house and that each supplied approximately 30 hours per week towards construction of their home. Graves said that none of the participants could move into their home until all homes had been completed, the owner/builder did approximately 65% of the work and that since 1970, the Housing Authority had built approximately 700 homes via this project. Lori Oberg-Lander, Kitsap County Habitat for Humanity, said that the North and South Kitsap Habitat for Humanity had merged as one and that their goal was to build four houses for the year 2000. She said that they had finished two homes thus far and that the third house located in Port Orchard should be finished in July of this year. 10:00) B Public hearing to consider adopting a Resolution proposing a rate change requested by AT&T Cable Services. Bill Perrin, Department of Administrative Services, said that the Federal Communications Commission (FCC) delegated the rate setting authority for basic cable, program rental and installation services to Kitsap County and that it also set forth the method for changing rates. He said that the County had received a notice of proposed rate change from AT&T Cable Services formerly known as TCI Cable of Washington, believed that the application was sound and recommended approval by the Board. Joan Kearney, AT&T Cable Services, said that the rates had increased slightly, that they would be effective July 1, 2000 and that they had followed all guidelines and procedures set forth by the Federal Communication Commission. Cleo Hagman questioned whether the converter boxes were required for digital cable. Kearney explained that the converter boxes were required for digital cable services and that it was an unregulated item. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 107-2000* thereby approving the rate change requested by AT&T Cable Services. 10:00) C Public hearing to consider enacting an Ordinance establishing policies and procedures for Kitsap County Right-of-Way Vacations and Tax Title Strip sales. Joseph Coppo, Department of Parks & Recreation, said that this ordinance set forth policies and procedures for rights-of-way vacations and tax title strips sales. He said that it would establish a method that was consistent, open to the public and presented an application process that was the same for everyone. He said the County Treasurer had concerns about the terminology used in the ordinance relative to tax-title strips and suggested that tax-title lands should be separated from the ordinance and processed through the Treasurer's Office since policies and procedures had already begun there. Ron Ross addressed the Board with concerns about Section 6.12, paragraph B, relative to selection of a land appraiser from an approved list. He questioned that since all Washington State appraisers were licensed why was there a need to select from a list. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board continue this matter to Wednesday, June 21, 2000 for further discussion in the Board's Work Study Session. Motion carried unanimously. (NOTE: FOLLOWING DISCUSSION AT WORK SESSION AND AT THE REQUEST OF STAFF THIS MATTER HAS BEEN CONTINUED TO JULY 3, 2000). 10:00) D Continuation of a public hearing to consider amending Ordinance No. 150- 1993, Timber Harvest Ordinance, Section 7, Standards; Section 18, Process for Lifting of Permit Moratoria; Section 19, Enforcement and Section 18, Providing a process for lifting a Forest Practices Six-Year Moratoria, Criteria and Performance requirements. Bruce Freeland, Department of Community Development, said that in the previous hearing, the Board had requested additional information relative to Section 18.C. b. – Performance requirements in which clearing or logging encroached on critical areas or critical areas buffers. He said that the new language had been reviewed by legal staff and submitted in the memo dated June 9, 2000 from Karanne Gonzalez. He also said that Forest Practices had been defined and added in the ordinance. Discussion was held among the Board and staff regarding the changes made in the June 9, 2000 memo, inclusion of the definition of essential public facilities, Section 7-Standards, relative to buffers, Section 18.B.c. relative to environmental effects, Section 18.C. b. relative to the Board's requirement for compliance with current Kitsap County Land Use Ordinances, and whether to include public resources as well as essential public facilities as criteria for consider lifting a moratorium. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board enact Ordinance Amendment No. 150-A- 2000** subject to the following changes: 1) on page 6, add sub section (a) stating that compliance with other applicable Kitsap County Ordinances; 2) on page 11, strike the first phase; 3) on page 12 .c add the words more beneficial as to environmental effects; 3) change Section 18.C.b insert the words . . . the Board shall require mitigation enhancements or increased buffers as necessary for compliance with current Kitsap County Land Use Ordinances; 4) add the definition of Forest Practices; 5) add the definition of essential public facilities and 6) on page 12, Section E. 1 relative to public resources add the words. . . the site has been designated for an essential public facility defined in this ordinance or a capital improvement by the state or a political sub-division of the state necessary for resource protection. . . . Motion carried unanimously. 10:00) E Public hearing to consider adopting a Resolution regarding oral and written comments relative to the Second Draft, Kitsap County Open Space Plan. An adoption hearing will follow immediately after the public hearing. The Open Space Plan is a six- year plan for the County Parks Department that outlines the County's acquisition and development objectives for park, recreation and open space facilities. Joseph Coppo, Parks & Recreation, gave a brief overview of the plan and said that the County was required to update this plan every six years and that it contained a guide for property acquisition and development for new facilities for the next six years. He said that it also included a long-term vision of what staff would like to be accomplished in the County. It said that this plan was also required by State agency for Outdoor Recreation for state grants. Harold Frombach addressed the Board with concerns about getting radio-control model airplanes recognized as a viable sport in order for such a facility to be placed in the Open Space Plan. Loren Miller, Kitsap Aircraft Radio Control Society, said that he would like to see control line flying as well as radio control model airplane flying. Connie Waddington, Open Space, Parks & Greeways Advisory Council, asked the Board to accept and approve the second draft of the open space plan. She said that this document was the culmination of two years work done by the staff, consultants, OSPAG and input from hundreds of citizens. She also said that it was necessary to adopt this plan in order to apply for state funding and felt that it was a countywide comprehensive plan. Joseph Coppo said that Frombach's request for a radio control flying facility had been added to the inventory section in Chapter 4, page 3. He said that the matter was on his list of recommended changes to move the item from Chapter 4 to Chapter 5, Needs/Analysis Section. Coppo also submitted a list of recommended changes to the Board to be included in the resolution. Discussion was held among the Board and staff regarding deadline sensitive items being brought before the Board at least 2-3 weeks prior to deadline date, possibly adopting this plan as a working draft, comprehensive plan amendments, what does "assist" mean in Chapter 5 of this ordinance, needs analysis should be congruent with the overall vision of the plan and editing the document for syntax. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 108-2000** subject to the revisions/corrections presented today and with review by the Board of the Open Space no later than September 20, 2000. Motion carried unanimously. 10:00) F Public hearing to consider adopting a Resolution thereby approving a petition to establish the following area as an area in which the discharge of firearms is prohibited: Bandix Road from county line north to Burley-Olalla Road, then west to Bethel- Burley Road, then south to the county line, then east to Bandix; if adopted, to enact an Ordinance amending Ordinance No. 50-C-1994 and the Kitsap County Code Section 10.24.090 (Discharge of firearms—Areas where prohibited) to reflect the establishment of this no-shooting area. Commissioner Garrido noted for the record that she had received several phone calls relative to this matter but had referred those calls to staff instead of speaking directly to the individuals. Mark Grimm, Department of Community Development, posted maps of site said that this petition had been verified by the County Auditor's Office and that if the Board adopted the resolution approving the petition that would establish the area as a no shooting zone, it would be off limits to shooting in the area for one year. Grimm said that although approval of the petition would establish a no shooting zone, if application was made for a shooting range, the Board could under a conditional use permit application, section a portion of that area which would amend previous action establishing a no shooting zone. He said that it would make it more difficult to establish a range in the area but it did not necessarily preclude it. Discussion was held among the Board and staff regarding the size of lots in the area. Monica Rhule asked the Board to consider amending the ordinance language to reflect the reason for this petition which was to prevent any types of firing or shooting that might be included in a rifle, pistol or shotgun range. Thomas Johansen said that he had received mis-information relative to this matter. Jerome Smith addressed the Board with concerns about the loss of property value and the noise that would be generated. Hugh Doran supported the no shooting zone and was concerned about the quality of life in the area. Carol Rasmussen said that she was concerned about the noise, domestic animals, wildlife and believed that it was her duty to preserve their habitat. Raul Vonnegut said that he was an opponent of the gun club, concerned about the noise and believed that the sportsman's club members would not want a club in their neighborhood. Joan Kimura supported the no shooting area and was concerned about the noise. Marcia Doran said that the fact that a petition was generated quickly indicated that the community did not want a shooting range in the area. Devin Kimura was concerned about noise, safety and environment and supported a no shooting zone in the area. Malcolm Fleming, County Administrator, reminded the Board that there were two issues for consideration, one was a resolution approving the petition and the other was an ordinance amendment to reflect the establishment of the no shooting area. He suggested that the Board could express its opinion regarding statements made in this public hearing and that those statements could be added to the resolution. Chair Botkin recommended the following amendments to the resolution: 1) beginning with the fifth WHEREAS, the Board of Commissioners has on this date held a public hearing on the petition, for the citizens have further stated their desire to amend the ordinance as necessary to prevent the establishment of a shooting range in the area; and 2) Now, therefore be it resolved by the Board of Commissioners that the petition for designation of the Olalla (Stevens Road) No Shooting Area is hereby approved and that the concerns of the public regarding the establishment of shooting ranges in non shooting zones shall be forwarded to the Prosecuting Attorney for review and comment. Discussion was held among the Board members relative to revisiting the Zoning Ordinance in order to review where shooting ranges were allowed. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 109-2000* thereby approving a petition to establish the following area as an area in which the discharge of firearms is prohibited: Bandix Road from county line north to Burley-Olalla Road, then west to Bethel-Burley Road, then south to the county line, then east to Bandix and to enact Ordinance Amendment No. 50-F- 2000** to reflect the establishment of this no shooting area and to amend the Kitsap County Code Section 10.24.090. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board: A. Approve Minutes of June 12, 2000. B. Approve Warrant Nos. 2866399 through 2867684 including manual warrant nos. 2866397 and 2866398 in the amount of $2,293,351.97. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Note for Motion Docket, Petition filed by the State of Washington and 2) Claim for Damages filed Carrie Meyers, Robert Meyers. D. Adopt Resolution No. 110-2000* thereby setting date of public hearing for July 10, 2000 at the hour of 10:00 AM to consider a Supplemental Appropriation increasing the budget of the General Fund in the amount of $22,062 in compliance with a CASA grant from the State of Washington. E. Adopt Resolution No. 111-2000* thereby setting date of public hearing for July 10, 2000 at the hour of 10:00 AM to consider a Supplemental Appropriation increasing the budget of the Emergency Services Fund in the amount of $4,000 in order to accept a FEMA grant. Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and Pease & Sons, Inc (KC-450-96N) in the amount of $30,357 for constructions services at the Youth Services Center. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract amendment between Kitsap County and Pease & Sons, Inc (KC-450-96O) in the amount of $37,605 for constructions services at the Youth Services Center. 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 Garrido that the Board approve and execute the contract between Kitsap County and Harborside, Inc (KC-251-00) in the amount of $117,708 + WSST for improvements to Gordon Field. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Interlocal agreement between Kitsap County and Kitsap County Consolidated Housing Authority (KC-252-00) in the amount of $58,500 for property inventory and property record management services. Motion carried unanimously. 3) AUDITOR'S OFFICE: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 112-2000* thereby establishing a Change Fund for the Kitsap County Clerk's Office. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 113-2000* thereby establishing a Change Fund for the Department of Community Development. Motion carried unanimously. 4) DEPARTMENT OF PERSONNEL & HUMAN SERVICES: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and Washington State Employment Security (KC-421-99A) increasing the contract amount by $37,018 for a new total of $108,797 for the Boeing Project for the period of June 29, 1999 through June 30, 2001. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 114-2000* thereby upgrading a position in District Court. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and Northwest Service Council (KC-252-99B) adding $32,000 for a new total of $244,869 for the Title II-C, Youth Program which adds 20 participants for a new total of 78 and extending the contract to August 31, 2000 for closeout purposes. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve the consortium agreement between Kitsap, Clallam and Jefferson Counties pursuant to the Workforce Investment Act (WIA) of 1998. Motion carried unanimously. 5) DEPARTMENT OF PUBLIC WORKS: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and IMS Infrastructure Management Services, Inc (KC-272-00) not to exceed $39,000 to provide professional pavement condition survey services to assist in the pavement condition rating on the collector and arterial roadway system in Kitsap County to implement the County Pavement Management Planning System. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and Washington State Department of Transportation (KC-105- 96D) to access the balance of currently programmed federal consultant funding for the Newberry Hill Slope Stabilization Project, for Chair's signature. Motion carried unanimously. 6) DEPARTMENT OF CORRECTIONS : A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and The City of Bainbridge Island (KC-231-96D) extending the contract for one year, January 1, 2000 through December 31, 2000 for prisoner incarceration. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and The City of Poulsbo (KC-229-96D) extending the contract for one year, January 1, 2000 through December 31, 2000 for prisoner incarceration. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and The City of Port Orchard (KC-230-96D) extending the contract for one year, January 1, 2000 through December 31, 2000 for prisoner incarceration. Motion carried unanimously. 7) CLERK'S OFFICE: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Crawford, McGilliard, Peterson, Yelish & Dixon (KC-242-00) in the amount of $58,050 for legal representation of indigent persons charged with eligible crimes in the Superior Court Adult Drug Court. Motion carried unanimously. 8) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) 9) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 115-2000* thereby appointing Paul Austin, Mary Bertrand, Todd Cramer, Ray Frederick, Steven Jonn, Frederick Karakas, Duane Kesti, Irwin Krigsman, Thomas Masters, Al Miller, Jack Minert, Jolene Palmer, Daryl Schruhl, Herb Shinn and Kenneth Widell to serve on the East Kitsap Salmon Habitat Restoration Committee. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 116-2000* thereby establishing a BKAT Broadcasting and Cost Sharing Policy. Motion carried unanimously. C. Recess to executive session on Monday, June 19, 2000 at the hour of 1:30 PM to discuss personnel issues and potential litigation. The executive session began at 1:30 PM and ended at 2:00 PM. D. Commissioner Garrido announced the showing of the Frank Kitamodo slide presentation at the Givens Community Center at 6:30 PM. She also said that she had attended the Parade of Homes Awards Banquet. She also announced the upcoming Fathoms of Fun Parade scheduled for June 24, 2000 in downtown Port Orchard. E. Chair Botkin announced that he would be out of the office beginning June 29, 2000 through July 14, 2000. Public meeting adjourned. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR CHRIS ENDRESEN, COMMISSIONER CHARLOTTE GARRIDO, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 53 ** See Ordinance Journal Volume No. 8 OTHER MEETINGS ATTENDED BY THE BOARD: 06/19/00 12:00 PM Lunch- 06/19/00 1:30 PM Executive Session-BCC Conf Room 06/19/00 2:00 PM Administrative Meeting-BCC Conf Room 06/20/00 10:00 PM DCD Permit Ctr & NCR Operations-BCC Conf Rm 06/21/00 9:00 AM Work Study Session- Public Works Bldg. 3rd Floor 06/21/00 1:30 PM Hood Canal Coord Council-Quilcene THE NEXT MEETING OF THE BOARD OF COUNTY COMMISSIONERS WILL BE HELD ON JUNE 26, 2000. 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 26, 2000: 10:00) A Public hearing to consider an application filed by Sunnyslope Water District for a franchise for a period of twenty-five (25) years, to construct, operate and maintain water pipelines for a water system, in, under, along and over the public roads and highways in Kitsap County, Washington. 10:00) B Public hearing to consider an application filed by North Perry Avenue Water District for a franchise for a period of twenty-five (25) years, to construct, operate and maintain water pipelines for a water system, in, under, along and over the public roads and highways in Kitsap County, Washington. 10:00) C Public hearing to consider an appeal filed by Earl Gallagher, et al of the Hearing Examiner's decision to approve with conditions the application of The Kitsap County Consolidated Housing Authority for a Conditional Use Permit to construct and operate multi-family, low income housing for Kitsap Mental Health Services clients. The proposed project site is located at 4010 Petersville Road in Central Kitsap, Commissioner District No. 3. 5:30) Continuation of a joint public hearing between the Kitsap County Board of Commissioners and the Bremerton City Council held in the Bremerton City Council Chambers, 239 Fourth Street, Bremerton, Washington, to consider the 'Kitsap County Sub-Area Plan – Port Blakely Joint Planning Area' including the necessary amendments to each jurisdictions Comprehensive Plan and implementing development regulations. (NOTE: AT THE REQUEST OF APPLICANT, THIS MATTER HAS BEEN CANCELLED AND HAS NOT BEEN RESCHEDULED). JULY 3, 2000: 10:00) A Public hearing to consider Kitsap County's intent to lease property at Point No Point known as "Maggs House". JULY 10, 2000: 10:00) A Public hearing to consider a Supplemental Appropriation increasing the budget of the General Fund in the amount of $22,062 in compliance with a CASA grant from the State of Washington. 10:00) B Public hearing to consider a Supplemental Appropriation increasing the budget of the Emergency Services Fund in the amount of $4,000 in order to accept a FEMA grant. KITSAP COUNTY COMMISSIONERS MINUTES, JUNE 19, 2000 Page 145 Page 140