M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS July 24, 2000 The Kitsap County Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, Commissioner Charlotte Garrido, Clerk of the Board, Holly Anderson and Acting Deputy Clerk of the Board, Dana Hills. ITEMS SET FOR TIME CERTAIN: 10:00) Meeting Called to Order with Pledge of Allegiance. 10:00) Employee Service Awards. Congratulations and Certificates of Appreciation were presented to the following County employees for their many years of service to Kitsap County: Paula Walker, Assessor's Office; Shawn Embree, Juvenile; Edgar Kennedy, Public Works Department; and Ellen Tietz, Public Works Department. 10:00) Block Grant Program Agency presentation by the Bremerton-Kitsap County Health District and Kitsap Mental Health Services. Sally O'Callahan from the Kitsap County Block Grant Program introduced Hillory Watkins from Bremerton Kitsap County Health District and Janet Mayberry from Kitsap Mental Health Services. O'Callahan gave an overview of the program and explained how block grant monies are being utilized for these services. 10:00) A Continuation of a public hearing to consider enacting an Ordinance establishing policies and procedures for Kitsap County Right-of-Way Vacations and Tax Title Strip sales. Malcolm Fleming, County Administrator, briefly discussed changes to the ordinance as requested by the Board and previously discussed at last weeks Work Study Session. Fleming also stated that there wasn't a chance to review the changes with the Board prior to this hearing. Following discussion between the Board and Fleming, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board continue this matter until August 7, 2000 for decision only. The Board also instructed Public Works to begin accepting applications from the public with written comments on this matter being accepted until July 31, 2000. Motion carried unanimously. 10:00) B Public hearing to consider adoption of the Bethel Road Corridor Plan (NOTE: AT THE REQUEST OF STAFF, THIS MATTER WILL BE FOR "PRESENTATION ONLY". PUBLIC TESTIMONY AND CONSIDERATION OF ORDINANCE ENACTMENT WILL BE RE-SCHEDULED FOR AUGUST 21, 2000). Daryl Piercy, Department of Community Development briefly explained the need for rescheduling this hearing to take action on the ordinance and adopt the plan. Monty Mahan, Public Works Department and Susan Graham from SCS Engineering Firm, presented a PowerPoint presentation to the Board showing the visual appearance, both present and future, of the Bethel Road Corridor. Vivian Henderson, Kitsap County Association of Realtors explained to the Board that the Association of Realtors would have a prepared statement for the August 21, 2000 hearing. Henderson thanked Kitsap County staff, SCS Engineering Firm, and everyone in the community who participated in developing the plan. Jim Avery, Kitsap County Assessor and property owner in the Bethel Road Corridor, and asked about State involvement at the Sedgwick intersection. No discussion being heard a motion was made by Commissioner Garrido and seconded by Commissioner Endresen to continue this item until August 21, 2000 for consideration of an ordinance and adoption of the Bethel Road Corridor Plan. Motion carried unanimously. 10:00) C Public hearing to consider a closed record appeal filed by James Tracy on behalf of James Robinson of the Hearing Examiner's decision to approve subject to conditions a site plan review for construction of a retail center consisting of three buildings and associated facilities at the southeast corner of SR 303 and John Carlson Road in North Kitsap, Commissioner District No. 1. Chair Botkin explained that this was a closed record appeal hearing and that a previous hearing had been conducted before the Hearing Examiner in which public testimony on this matter had already been given. He said that after the decision from the Hearing Examiner, the Board would only consider those specific issues raised by the appeal brought on by the applicant and that each side had ten minutes to present its case. James Tracy, land use attorney representing the applicant James Robinson, discussed the contested items addressed in the appeal. First, the second left turn pocket and second, the provision for sidewalks on the undeveloped portion of the property, which is in between wetlands and Highway 303. He felt the Hearing Examiner was in error since his decision was based on the issue of vesting. Tracy further discussed the issue of vesting and development regulations. He stated that Mr. Robinson wasn't contesting the ultimate provision of either the second left turn pocket or the sidewalk, only the timing. His client wanted to insure that these facilities are only provided when needed and in a cost efficient way as to avoid waste of resources. Discussion was held between the Board and Tracy relative to development regulations, timing, and agreements. Bob Heins, Department of Community Development, said the Department believed Mr. Tracy's characterization was accurate and unless the Board had any questions staff did not feel the need to present any further information and the Board agreed it was self-explanatory. Chair Botkin asked staff, if there were any objections to some specific wording to guarantee timelines would be added later for sidewalk requirements when they become necessary and staff believed that was appropriate. Discussion continued between the Board and Tracy regarding timelines for sidewalks and the second left turn pocket. Daryl Piercy, Department of Community Development, said the issue of sidewalk construction was tied to the major investment study now underway by the State Department of Transportation along the Highway 303 corridor. It seemed appropriate that the Board tie the condition of the additional sidewalks for the 800 feet to the requirements of the 303 corridor study and then revisit that issue upon completion of the 303 study. This would also give the Board adequate the time element they are looking for. Piercy suggested that the Board tie it in directly to the outcome of the 303 study that is currently underway and noted the study is anticipated to conclude sometime around the end of 2002. No further discussion being heard, a motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board approve the appeal to the extent that: A) Conditions 2M, 3A, 3B, and 3C are reinstated; and B) A provision is added to the sidewalk condition stating that the southerly 800 feet may be deferred and shall be constructed in accordance with the findings when the major investment study is completed by the Department of Transportation. Motion carried unanimously. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Garrido and seconded by Commissioner Endresen the Board: A. Approve Minutes of July 17, 2000. B. Approve Warrant Nos. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Summons, Complaint For Refund of Property Taxes filed by Laurier Enterprises Incorporated; 2) Appeal to Washington State Dept of Ecology's May 30, 2000 design approval of Kitsap County's Kingston Wastewater Outfall filed by Linda Cazin; 3) Summons, Amended Complaint for Damages filed by J & N & Sons Investments; 4) Claim for Damages filed by George Phillip Dewey; and 5) Claim for Damages filed by William J. Stephens. D. Continuation of a public hearing to August 14, 2000 at the hour of 5:00 PM at the City of Bremerton City Council Chambers, 239 4th Street, Bremerton, WA as a joint Kitsap County Commissioners/City of Bremerton Council public hearing to consider the Kitsap County Sub-Area Plan, Port Blakely Joint Planning Area. The Draft Sub-Area Plan proposes a 440-acre mixed-use project west of Kitsap Lake and east of Dickerson Creek in Central Kitsap County. The property is located in unincorporated Kitsap County and designated as a "joint planning area" (JPA). The Draft Sub-Area Plan proposes that the property be included in the urban growth area (UGA) for the City of Bremerton. If approved, the property would likely be proposed for annexation into the City of Bremerton following the adoption of the Sub- Area Plan. The public hearing also includes the related proposed actions of (a) adopting transitional zoning for the property within the sub-area and (b) approving a 3-party agreement between Kitsap County, the City of Bremerton and Port Blakely Communities. The purpose of the continuation hearing is to consider public testimony on any new information presented since the April 24, 2000 hearing. E. Set date of public hearing for August 7, 2000 at the hour of 10:00 AM to consider an Ordinance amending the Kitsap County Code, relating to the Shooting Ordinance prohibiting shooting ranges within "no shooting areas." F. Set date of public hearing for August 7, 2000 at the hour of 10:00 AM to consider amending Kitsap County Ordinance No. 127-197 as is amended in Ordinance No. 127A-1999 relating to animal control and increasing fees and penalties. G. Set date of public hearing for August 14, 2000 at the hour of 10:00 AM to consider a Current Use Assessment-Open Space application filed by Margaret N. Padelford on 2.71-acre parcel located off of South Kingston Road off of Taree Drive NE, directly east of 24622 Taree Drive NE in North Kitsap County, Commissioner District No. 1. H. Set date of public hearing for August 14, 2000 at the hour of 10:00 AM to consider a Current Use Assessment-Timberland Open Space application filed by Gary Edin on an 8.87-arce parcel located at 38682 Hood Canal Drive NE in North Kitsap County, Commissioner District No.1. I. Set date of public hearing for August 14, 2000 at the hour of 10:00 AM to consider a Current Use Assessment-Timberland Open Space application filed by The Poulsbo Sportsman Club on 11.5-acres of a 34.14-acre parcel located at 16990 Clear Creek Road NW in North Kitsap County, Commissioner District No. 1. J. Adopt Formal Findings of Fact, Conclusions of Law and Decision on the application of Kitsap County Consolidated Housing Authority and Kitsap Mental Health Services Conditional Use Permit-Petersville Road Site. 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 Interlocal agreement between Kitsap County and The City of San Diego (KC-356-00) not to exceed $2,000 for mutual support of the Kitsap County Domestic Violence Task Force Summit 2000. Motion carried unanimously. 3) 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 Washington State Department of Fish and Wildlife (KC-387-95A) for a 5-year extension to the Interagency Agreement with WDFW for reimbursable services by Kitsap County. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 135-2000* authorizing the closure of Fairgrounds Road NW between the intersections of Stampede Blvd and Tibardis Road on August 5, 2000 from 6:00 AM to 10:00 PM during the Endfest Concert. Motion carried unanimously. C. Discussion was held, comments called for and hearing no objection, a motion made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 136-2000* thereby authorizing the clean up of the Bainbridge Island Landfill and future conveyance and use of that property. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and authorize Chair Botkin to execute the Contract between Kitsap County and The Washington State Department of Transportation (KC-345-00) in the amount of $100,000 funding for the SR 160 at Bethel Road SE left turn and right turn channelization, signalization and associated improvements. Motion carried unanimously. E. 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 Port of Bremerton and Golder Associates, Inc (KC-178-93 "I") in the amount of $122,865 for construction management, final remedial action report and "as-built" drawings for Norseland. Motion carried unanimously. 4) DEPARTMENT OF PERSONNEL & HUMAN SERVICES: A. Discussion was held, comments called for and hearing no objection, a motion made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 137-2000 appointing Charleen Burnette to the Kitsap County Commission on Children and Youth for a three (3) year term commencing July 24, 2000 and ending July 23, 2003. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and The Washington State Employment Security (KC-259-00) in the amount of $90,026.27 for lease of office space at the Career Development Center in Bremerton for the first twelve months during the period of March 1, 2000 to December 31, 2005. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and RJS Associates (KC-337-00) in the amount of $28,000 to conduct a market compensation survey. 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 The Washington State DSHS Medical Assistance Administration (KC-328-00) for a maximum reimbursement to Kitsap County of $700,000 for a portion of expenses related to Medicaid Administrative Activities for the period of July 1, 2000 through December 31, 2004. Motion carried unanimously. E. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and Premera HealthPlus Medical (KC-177-98A) for renewal of the group service agreement for Group B688,*01 as provided for in the Group contract for the period of January 1, 2000 through December 31, 2000; for Chair's signature. Motion carried unanimously. F. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Contract between Kitsap County and KPS Health Plans (KC-326-00) for approval of Group Endorsement I to Retention Agreement for Group 22210 (Deputy sheriff Guild) for the period of January 1, 2000 through December 31, 2000; for Chair's signature. Motion carried unanimously. 5) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 138-2000* authorizing use of regulatory buoys to ensure water safety at the "Whaling Days Festival." Motion carried unanimously. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) 7) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 139-2000* establishing the terms and duties of the Kitsap County Public Facilities District Board of Directors and appointing the following directors: Andy Maron, City of Bainbridge, 4-year term, City of Bremerton, 2-year term, to be selected, Donna Gross, City of Port Orchard, 4-year term, Linda Berry-Maraist, City of Poulsbo, 2-year term, S.N. "Cy" Wyse, District #1, 4-year term, Cary Bozeman, District #2, 2- year term and Leonard "Rick" Smith, District #3, 4-year term. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 140-2000* appointing Kim Abel to the Public Access Television Advisory Committee completing a two- year term ending September 30, 2001 vacated by Marianne Mabbitt. Motion carried unanimously. C. Commissioner Garrido announced that this was the week for filing for elected office and she understood that freeholder positions are needed to look at the question of Charter Government and she wanted to encourage people to consider being a freeholder or file for any other position. D. Commissioner Botkin announced that Whaling Days was this weekend in Silverdale. 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: 07/24/00 12:00 PM Lunch With Elected Officials-BCC Conf Room 07/24/00 2:00 PM Administrative Meeting-BCC Conf Room 07/26/00 9:00 AM Work Study Session- Public Works Bldg. 3rd Floor 07/31/00 7:00 PM Shoreline Open House-Fairview Jr. High School THE NEXT MEETING OF THE BOARD OF COUNTY COMMISSIONERS WILL BE HELD ON AUGUST 7, 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) AUGUST 7, 2000: 10:00) A Public hearing to consider a petition to create County Road Improvement District #40 regarding draining and paving approximately 0.7 mile of existing gravel roads located in Sections 5 & 8, Township 22 North, Range 1 East, W.M. and is located approximately one-half mile west of the intersection of Glenwood Road SW and SW Pine Road in South Kitsap, Commissioner District No. 2. 10:00) B Public hearing to consider an Ordinance amending Chapter 4.84 of the Kitsap County Code, Risk Management. 10:00) B Public hearing to consider an Ordinance amending the Kitsap County Code, relating to the Shooting Ordinance prohibiting shooting ranges within "no shooting areas." 10:00) C Public hearing to consider amending Kitsap County Ordinance No. 127- 197 as is amended in Ordinance No. 127A-1999 relating to animal control and increasing fees and penalties. AUGUST 14, 2000: 10:00) A Public hearing to consider a Current Use Assessment-Open Space application filed by Margaret N. Padelford on 2.71-acre parcel located off of South Kingston Road off of Taree Drive NE, directly east of 24622 Taree Drive NE in North Kitsap County, Commissioner District No. 1. 10:00) B Public hearing to consider a Current Use Assessment-Timberland Open Space application filed by Gary Edin on an 8.87-arce parcel located at 38682 Hood Canal Drive NE in North Kitsap County, Commissioner District No.1. 10:00) C Public hearing to consider a Current Use Assessment-Timberland Open Space application filed by The Poulsbo Sportsman Club on 11.5-acres of a 34.14-acre parcel located at 16990 Clear Creek Road NW in North Kitsap County, Commissioner District No. 1. 10:00) D Public hearing to consider a closed record appeal filed by Chris Plummer, Louise Lien, Myron P. Erickson and Percy & Lisa Espinosa of the Hearing Examiner's decision to approve subject to conditions a Conditional Use Permit for construction of a 5,418 square-foot satellite fire station with five sleeping quarters, three apparatus bays, associated parking, landscaping, pump station, sewage treatment and storm water facility located on south Kingston Road, west of Tulin Road and directly adjacent to and west of PUD #1 water tower in North Kitsap County, Commissioner District No. 1. 5:00) Continuation of a public hearing at the City of Bremerton City Council Chambers, 239 4th Street, Bremerton, WA as a joint Kitsap County Commissioners/City of Bremerton Council public hearing to consider the Kitsap County Sub-Area Plan, Port Blakely Joint Planning Area. The Draft Sub-Area Plan proposes a 440-acre mixed-use project west of Kitsap Lake and east of Dickerson Creek in Central Kitsap County. The property is located in unincorporated Kitsap County and designated as a "joint planning area" (JPA). The Draft Sub-Area Plan proposes that the property be included in the urban growth area (UGA) for the City of Bremerton. If approved, the property would likely be proposed for annexation into the City of Bremerton following the adoption of the Sub-Area Plan. The public hearing also includes the related proposed actions of (a) adopting transitional zoning for the property within the sub-area and (b) approving a 3-party agreement between Kitsap County, the City of Bremerton and Port Blakely Communities. The purpose of the continuation hearing is to consider public testimony on any new information presented since the April 24, 2000 hearing. KITSAP COUNTY COMMISSIONERS MINUTES, JULY 24, 2000 Page 190 Page 179