M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS AUGUST 7, 2000 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Charlotte Garrido, County Administrator, Malcolm Fleming, Clerk of the Board, Holly Anderson 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) Kitsap County "Rodeo Queen" Presentation (Continued to August 14, 2000). 10:00) Recognition of "Employee of the Month." Congratulations and Certificates of Appreciation were presented to the Kitsap County Sheriff's Marine Patrol Unit employees group on being selected employees of the month. The Marine Patrol Unit consist of the following employees: Sgt. Earl Smith, Deputies Steve Argyle, Jon Brossel, Jim McDonough, Jim Porter, Mike Rodrigue, Ray Stroble and Ron Zude. These officers have had formal training, assist in the training of other officers throughout Washington State and are dedicated and enthusiastic about their work in the marine environment. 10:00) Welcome/Introduction of Scott Scowcraft, new BKAT Director. Kathy McCluskey, City of Bremerton, introduced Scott Scowcraft as the new manager of the Bremerton Kitsap County Access TV Program. She said that Scowcraft has over fifteen years in the cable access business and he had recently served as the manager of the Seattle Access TV. Scowcraft said that he was a glad to be a part of the Bremerton/Kitsap Access Television program, it was a great facility and he looked forward to the future growth and maturing opportunities for access TV in Kitsap County. 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. Gary Ekstedt, Department of Public Works, posted a map of the site and said that this was a public hearing to consider formation of a County Road Improvement District (CRID). He said that improvements called for re-grading, draining and paving approximately 0.7 miles of existing gravel roads located in Sections 5 and 8, Township 22 North, Range 1 East, WM which was approximately one-half mile west of the intersection of Glenwood Road SW and SW Pine Road in South Kitsap County. Ekstedt said that CRID No. 40 had petition strength of 71.3% of the area, 67.9% of front footage and that the estimated cost of the project was $709,830. Discussion was held between the Board and staff regarding how boundaries were established, the cost of the assessment, the state statute and how the assessment and payments were determined. Joan Welch said that she had lost two tires on the dirt road, believed that it would be difficult to sell their property because of the road and supported the formation on the CRID. Phyllis Nelson said that she sympathized with the individuals who traveled this road daily but did not believe that all users of the road had been fairly assessed. Shirley Hall believed that the dust generated by the road was a health issue, it was difficult for emergency vehicles to access their properties and supported formation of the CRID. John Gergens supported the formation of the CRID, felt that the assessment had been fairly determined and believed that the road would improve their quality of life. Richard Nadro said that a culvert needed to be constructed over Hunter Road but supported the formation of the CRID. Rod Reid said that he did not live in the area but owned property there. He believed that his company was probably assessed more than others but supported the formation of the CRID. Jean Elliott was concerned about emergency vehicles accessing the area, possible loss of mail service during inclement weather months and school bus service for kids in the area. John Hall questioned the number of vehicles that used the road daily. Randy Sanders said that this assessment did not coincide with the discounts that home- owners would need if they wanted to sell their homes. He supported the CRID. Discussion was held among the Board members regarding looking at other options relative to participation, whether it would be cost effective to serve a different length of roadway, whether there were other country road standards that could be reviewed by staff for this particular road, legal counsel's interpretation of state statute, the actual value and benefit to the properties, the cost for a more detailed appraiser, road width standards and setting this matter for further discussion at work study. This matter was continued to October 9, 2000 at the hour of 10:00 AM for further review. 10:00) B Public hearing to consider an Ordinance amending Chapter 4.84 of the Kitsap County Code, Risk Management. Malcolm Fleming, County Administrator, said that the proposed amendments relating to Risk Management included the following: 1) simplifying the language to make the code easier to understand; 2) prohibiting officers and employees from encouraging the filing of a claim or claims lawsuit against the county; 3) making the county's defense of officers and employees contingent upon their full cooperation in the case; and 4) increasing the settlement authority of the Risk Manager from $15,000 to $25,000 per claim and the settlement authority for the Risk Management Committee from $35,000 to $50,000. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve the proposed amendments thereby enacting Ordinance Amendment No. 116-B-2000. Motion carried. 10:00) C Public hearing to consider an Ordinance amending the Kitsap County Code, relating to the Shooting Ordinance prohibiting shooting ranges within "no shooting areas." Mark Grimm, Department of Community Development, said that this proposed amendment was needed in order to clarify that "shooting ranges" would not be permitted within areas that had been determined as no shooting zones. Claude Dennis, Thomas, Hackston, Hugh Doran, Raul Vonnegut, Devin Kimura and Jerome Smith testified in support of the amendment to the Kitsap County Code and encouraged the Board to adopt it. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve the amendment to the Kitsap County Code thereby enacting Ordinance Amendment No. 50-G-2000. Motion carried. Note: Chair Botkin directed staff to research the process relative to the vesting of a "shooting range application" received for a particular area and a "no shooting petition" being subsequently submitted for the same area. 10:00) D 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. Kathryn Portteus, Prosecutor's Office, said that since the last amendment to this ordinance, there had been ongoing dialog between the Prosecutor's Office, the Humane Society and various special interest groups in an attempt to work out some suggested changes that would meet everyone needs. She said that some of the suggested changes included: 1) changing the term "kennel" throughout the ordinance to "pet facility" and establishing a category for "catteries"; 2) clarifying the requirements for when license tags needed to be worn; 3) inserting a section allowing for microchip implants to replace license tags with the same requirements as annual licensing; and 4) making it a misdemeanor for a potentially dangerous animal to be found running at large. Portteus said that the Board should also consider: 1) reviewing both the current definitions for Level I-III potentially dangerous animals and the hearing procedures utilized by the Human Society in appeal hearings of these animals; and 2) a request by a member of the public to include a special classification for feral cat shelters within the ordinance. Ralph Duncan, Peninsula Dog Fanciers, said that their activities affected all pet owners who lived in the county and that he had reviewed the ordinance and felt that there needed to be additional work other than the changes proposed. He believed that this ordinance was designed more for fund raising. He suggested study groups for further discussion of this issue. Billie Eder was concerned about cats being required to wear collars in cat shows and believed that that requirement caused the Kitsap County Cat Show to be cancelled. She believed that the ordinance was not ready to be passed and that additional work needed to be done. She believed that if cats had to have mandatory licensing, it should be done in a reasonable manner. Diane Daggley was concerned about the effect of this ordinance on individuals who owned more than 4 dogs or cats. She believed that this ordinance did not address the root of the problem, that education for pet ownership should be a primary concern for the Humane Society, veterinarians and breeders and that individuals who had more than 4 pets prior to the ordinance should have "grand-fathering rights." Nancy Cook was concerned about the definitions of commercial cat facility and of a hobby pet facility and believed that the ordinance was not quite ready for adoption. Shauna Leopold objected to having her home inspected on an annual basis and considered it an unnecessary invasion of privacy. She was also concerned about the inspector transmitting parasites and or diseases from one home to another. Richard Cook said that this ordinance should be concerned about the welfare of animals and that the criteria for inspection should be re-written. Cook believed that the ordinance needed more work and the public needed to be educated on the neutering and spaying of animals. Donna Rhinehart said that the "good Samaritans" who worked with animals needed to be thanked and that the last thing they needed was a roadblock. She believed that feral cat facilities should be non-commercial. Nancy Lanning, Kindred Spirit Animal Sanctuary, recommended some housekeeping and definition changes to the ordinance. She said that she would like to see the hobby kennel facilities operating and its requirements more specific. Diane Weber, Kitsap County Humane Society, said that the ordinance needed to be enforceable for everyone and agreed that additional work needed to be done on the ordinance prior to adoption. Wayne Ellis said that there should be some method used for charging and collecting fees for bad pet owners. He believed that an inspector on his property was an intrusion and that this ordinance was an infringement of his rights. Karen Sandles believed that the County did not give adequate notice of this ordinance amendment and felt that "good Samaritans" should be praised not punished for helping animals. Debbie Ellis was concerned about the hobby pet facility and who decided on the number of pets that could be accommodated. Linda Dennis believed that the focus of this ordinance amendment should be on spaying and neutering and that more work should be done on feral cat shelters. Discussion was held among the Board members relative to who should continue work on this ordinance, whether it should be one group working together, whether it should be a County sponsored group, whether it should be a private organization, whether the Humane Society should do the organizational work, whether there were ordinances in other jurisdictions that worked well and whether it should be a formal work study group facilitated by the County with representation from the Prosecutor's Office, the Humane Society and representatives from each of the groups present today. This matter was continued to August 21, 2000 at the hour of 10:00 AM for the purpose of establishing a facilitation group. 10:00) E Continuation of a public hearing to consider the Policies and Procedures for the Kitsap County Right-of-way Vacations and Disposition of County-owned Land Ordinance. Malcolm Fleming, County Administrator, addressed the Board with proposed changes to the ordinance stating that the key procedures would be administered by the Public Works Department. He said that after a petition was received, it would be scheduled for public hearing and that the petitioner, all property owners listed in the petition, individuals who had written specific request and various advisory committees would be notified. He said that the Board of Commissioner would consider the Public Works' recommendation, any comments from the various advisory committees, the petitioner and the public in order to determine whether to sell the property and if so what the minimum bid would be. This matter was continued to August 21, 2000 at the hour of 10:00 AM for further consideration. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board: A. Approve Minutes of July 24, 2000. B. Approve Warrant Nos.2873667 through 2875007 including manual warrant no. 2873666 in the amount of $2,322,487.59. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Claim for Damages filed by James Reginald and 2) Summons, Complaint For Lien Foreclosure filed Parker Lumber Company, Inc. D. Adopt Resolution No. 141-2000* thereby setting date of public hearing for August 28, 2000 at the hour of 10:00 AM to consider a Supplemental Appropriation increasing the budget of the Law Library Fund by $7,000 in order to appropriate both the revenue and expenditures associated with an increase in fees anticipated and an increase in expenditures for books, computer equipment and professional services. E. Set date of public hearing for August 21, 2000 at the hour of 10:00 AM to consider adoption of the Bethel Road Corridor Plan and amend the Kitsap County Zoning Ordinance to include the Land Use Element from the Corridor Development Plan. Motion carried. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES : A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and Abacus Engineered Systems (KC-130-99D) in the amount of $43,547.70 for additional construction services for the energy project. Motion carried. B. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and Abacus Engineered Systems (KC-131-99C) in the amount of $7,904.09 for additional professional services for the energy project. Motion carried. C. Presentation of the Preliminary Budget for the Year 2001. William Nogle, Department of Administrative Services, summarized the Kitsap County 2001 Preliminary Budget. D. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Carta, Inc (KC-353-00) in the amount of $30,000 for planning, setup and deployment of an Internet/Intranet environment for a period of one year. Motion carried. E. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 142-2000* thereby reallocating funds within the General Fund. Motion carried. 3) DEPARTMENT OF PUBLIC WORKS: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the Interlocal agreement amendment between Kitsap County and The University of Washington Center For Urban Water Resources Management (KC-191-97C) in the amount of $25,000 ($5,000 per year) for membership in the Storm Water Technologies Consortium for a period of five (5) years. Motion carried. B. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 143-2000* thereby transferring one 1989 GMC Suburban from the ER&R Fund to the Kitsap County Sheriff's Department with a payment of $4,500 to the ER&R Fund. Motion carried. C. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 144-2000* thereby transferring one 1988 Chevrolet Truck from the ER&R Fund to the Kitsap County Public Works Department with a payment of $2,000 to the ER&R Fund. Motion carried. D. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Tri-State Construction (KC-374-00) in the amount of $265,457 for improvements to the Silverdale Way Knapp Creek Culvert Replacement. Motion carried. E. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and CH2M Hill (KC-054-99B) increasing the contract amount by $75,000 for planning and monitoring activities for the closed Olalla Landfill. Motion carried. F. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the Interlocal agreement between Kitsap County and Kitsap Public Utilities District No. 1 (KC-346-00) in the amount of $119,000 to establish, operate and maintain precipitation and stream gauge stations for a period of 3 years. Motion carried. 4) DEPARTMENT OF PERSONNEL & HUMAN SERVICES: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and Peninsula Services (KC-317-99A) adding the amount of $188,778 for a new total of $271,530 for the employment services program for adults with developmental disabilities for the period of July 1, 1999 through June 30, 2001. Motion carried. B. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and Peninsula Services (KC-326-99A) adding the amount of $93,993for a new total of $168,513 for the employment services program for adults with developmental disabilities for the period of July 1, 1999 through June 30, 2001. Motion carried. C. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Department of Social & Health Services Vocational Rehabilitation (KC-282-00) in the amount of $32,269 to provide vocational services to recipients of public mental health services for the period of July 1, 2000 through June 30, 2001. Motion carried. D. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract amendment between Kitsap County and The Washington State DSHS (KC-547-99A) increasing total available state dollars by $171,921 and making minor changes to other aspects of the contract for mental health services. Motion carried. E. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Kitsap Community Services (KC-361-00) in the amount of $63,830 for the Welfare-to- Work State Match program serving 32 eligible participants for the period of July 1, 2000 through June 30, 2001. Motion carried. F. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract Grant agreement between Kitsap County and Washington State Employment Security Department (KC-350-00) for the Workforce Investment Act Administrative Cost Pool for a total amount of $286,448 for the period of July 1, 2000 through June 30, 2001. Motion carried. G. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract Grant agreement between Kitsap County and Washington State Employment Security Department (KC-358-00) for the Workforce Investment Act Youth program for a total amount of $864,412for the period of July 1, 2000 through June 30, 2001. Motion carried. H. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract Grant agreement between Kitsap County and Northwest Services Council (KC-351-00) for the Workforce Investment Act Title I-B Youth Program for a total amount of $224,244 serving 63 eligible youth in Clallam and Jefferson counties for the period of July 1, 2000 through December 31, 2000. Motion carried. I. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract Grant agreement between Kitsap County and Sound Institute of Family & Children Services (KC-359-00) for the Workforce Investment Act Title I-B Youth Program for a total amount of $200,232 serving 56 eligible youth in Kitsap County for the period of July 1, 2000 through December 31, 2000. Motion carried. J. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 145-2000 thereby appointing Donald Alfera to the Kitsap County Council for Human Rights representing District #2 for the term of August 1, 2000 through July 30, 2003. Motion carried. 5) DEPARTMENT OF CENTRAL COMMUNICATIONS: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Intergraph Public Safety, Inc (KC-343-00) in the amount of $236,322.55 (including WSST) for CENCOM CAD maintenance service for the period of September 15, 1999 through December 31, 2002. Motion carried. 6) AUDITOR'S OFFICE: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 146-2000* thereby establishing a new custodian for the Petty Cash Fund in the Training Services Division. Motion carried. 7) PARKS AND RECREATION DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the lease agreement between Kitsap County and Cristi Biddle (KC-362-00) in the amount of $525 per month for lease of Magg's House located at 8987 Point No Point Road in Hansville WA. Motion carried. 8) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Marshall & Associates (KC-365-00) in the amount of $81,730 for image classification, mapping of wetlands, impervious surfaces and forest cover. Motion carried. 9) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) 10) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 147-2000* thereby proclaiming Sunday, August 20, 2000 as "Sibling Day." Motion carried. 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: 08/07/00 12:00 PM Lunch-Maria's Taco Shop 08/07/00 2:00 PM Administrative Meeting-BCC Conf Room 08/08/00 9:30 AM Transportation Policy Meeting – Housing Authority Ofc 08/09/00 9:00 AM Work Study Session- Public Works Bldg. 3rd Floor 08/10/00 6:00 PM KRCC Dinner – Long Lake Community Ctr. THE NEXT MEETING OF THE BOARD OF COUNTY COMMISSIONERS WILL BE HELD ON AUGUST 14, 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 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. AUGUST 21, 2000: 10:00) Presentation by the Department of Ecology (Central Kitsap & Manchester Treatment Plants). 10:00) A Public hearing to consider adoption of the Bethel Road Corridor Plan and amend the Kitsap County Zoning Ordinance to include the Land Use Element from the Corridor Development Plan. AUGUST 28, 2000: 10:00) A Public hearing to consider a Supplemental Appropriation increasing the budget of the Law Library Fund by $7,000 in order to appropriate both the revenue and expenditures associated with an increase in fees anticipated and an increase in expenditures for books, computer equipment and professional services. KITSAP COUNTY COMMISSIONERS MINUTES, AUGUST 7, 2000 Page 201 Page 189