M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS August 27, 2001 The Board of Commissioners met on the above-stated date. Present were Chair Chris Endresen, Commissioner Tim Botkin, 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 the Pledge of Allegiance. 10:00) Recognition of Employee Service Awards. Congratulations and Certificates of Appreciation were presented to Jan Collins, Department of Community Development and Ned Newlin, Sheriff's Department for the many years of service to Kitsap County. 10:00) Resolution reaffirming commitment to multi-ethnic and multi-cultural diversity; opposing recent acts of hate crimes, racism, vandalism and malicious harassment in our cities, villages and county. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 155-2001* thereby reaffirming commitment to multi-ethnic and multi- cultural diversity; opposing recent acts of hate crimes, racism, vandalism and malicious harassment in our cities, villages and county. Motion carried unanimously. 10:00) Proclamation/Resolution proclaiming September 1-October 6, 2001 as Kitsap Harvest Celebration (Presentation by Caryn Robertson). Caryn Robertson, Kitsap Food & Farm Alliance and Steve Evans, King County Department of Natural Resources, gave a brief history of the Alliance and the Puget Sound Fresh Campaign. Robertson said the Harvest Celebration is a way for the community farmers, consumers, chefs, farmers' markets, individuals, families, businesses, organizations and agencies to seek out and enjoy the bounty of this region's food and farms. Evans said this year's celebration is also the kick off for the Select Kitsap/Puget Sound Fresh Campaign, designed for products grown, raised or harvested with the borders of Kitsap County. Robertson thanked the Board for supporting such a worthwhile and needed educational program for this region. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Endresen and seconded by Commissioner Botkin that the Board adopt Resolution No. 156-2001* thereby proclaiming September 1-October 6, 2001 as Kitsap Harvest Celebration. Motion carried unanimously. 10:00) A Public hearing to consider an application filed by Richard G. Frederickson for Current Use Assessment Open Space on a 15.12-acre parcel located at 21577 Big Valley Road in North Kitsap, Commissioner District No. 1. Total Cost: No net cost. Approving this application will increase the taxable value of the subject property. This will increase the total taxable value of property in Kitsap County and result in a very small (less than one penny per parcel) reduction in the property taxes for all other parcels in Kitsap County. Funding Source: None required. Karanne Gonzalez, Department of Community Development, said this application was a transfer from farm and agricultural land to open space because it no longer qualifies for agricultural land since it no longer meets the income requirements for the program. She said the applicant's goal is to maintain the pasture for hay production and currently no livestock are being grazed and with no plans for livestock in the future. Gonzalez said if grazing of livestock were resumed, a farm plan would be required from the Kitsap Conservation District. She said the property qualifies for a 50% tax reduction and a compensating tax may be due when all or a portion of the property is removed from the open space classification. Gonzalez said the Planning Commission and staff recommended conditional approval. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Endresen and seconded by Commissioner Botkin that the Board approve the application filed by Richard G. Frederickson for Current Use Assessment Open Space and further that an Order be executed so stipulating. Motion carried unanimously. 10:00) B Public hearing to consider an application filed by Richard G. Frederickson for Timber Land Open Space on 12 acres of a 20.71-acre property located at 21577 Big Valley Road in North Kitsap, Commissioner District No. 1. Total Cost: No net cost. Approving this application will increase the taxable value of the subject property. This will increase the total taxable value of property in Kitsap County and result in a very small (less than one penny per parcel) reduction in the property taxes for all other parcels in Kitsap County. Funding Source: None required. Karanne Gonzalez, Department of Community Development, said this application was a transfer from farm and agricultural land to timberland open space because it no longer qualifies for agricultural land since it no longer meets the income requirements for the program. Gonzalez said the property was logged in the 1980's and replanted and a Timber Management Plan has been prepared for the site. She said the applicant's goal is to maintain the pasture for hay production and currently no livestock are being grazed and the he has no plans for livestock in the future. Gonzalez said if grazing of livestock were resumed, a farm plan would be required from the Kitsap Conservation District. She said a compensating tax may be due when all or a portion of the property is removed from the open space classification. Gonzalez said the Planning Commission and staff recommended conditional approval. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Endresen and seconded by Commissioner Botkin that the Board approve the application filed by Richard G. Frederickson for Current Use Assessment Open Space and further that an Order be executed so stipulating. Motion carried unanimously. 10:00) C Public hearing to consider an application filed by Pamela Nickerson for Current Use Assessment Open Space on a 21.43-acre parcel located at 660 SE Lider Road in South Kitsap, Commissioner District No. 2.Total Cost: No net cost. Approving this application will increase the taxable value of the subject property. This will increase the total taxable value of property in Kitsap County and result in a very small (less than one penny per parcel) reduction in the property taxes for other parcels in Kitsap County. Funding Source: None required Karanne Gonzalez, Department of Community Development, said this application was a transfer from farm and agricultural land to open space because it no longer qualifies for agricultural land since it no longer meets the income requirements for the program. Gonzalez said the applicant's goal is to maintain the farm and keep the property in the family and a Farm Management Plan from the Kitsap Conservation District has been prepared for the site. She said the property qualifies for a 50% tax reduction and a compensating tax may be due when all or a portion of the property is removed from the open space classification. Gonzalez said the Planning Commission and staff recommended conditional approval. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Botkin that the Board approve the application filed by Pamela Nickerson for Current Use Assessment Open Space and further that an Order be executed so stipulating. Motion carried unanimously. 10:00) D Public hearing to consider adopting a Resolution vacating rights-of-way known as Hansville/Foulweather Bluff in North Kitsap, Commissioner District #1. Total Cost: None. Funding Source: None required Jim Barnard, Public Works Department, said in 1974 Kitsap County received rights-of- way for the possible future development of a road known preliminarily as Hansville Foulweather Bluff via Buck Lake. He said the original intent was to extend Buck Lake Road to connect with NE Twin Spits Road but it was never constructed nor was all the necessary rights-of way received. Barnard said the County has no use for these rights- of-way and staff recommended approval of the vacation. Discussion was held comments called for and hearing no objection, a motion was made by Chair Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 157-2001* thereby vacating rights-of-way known as Hansville- Foulweather Bluff in North Kitsap, Commissioner District #1. Total Cost: None. Funding Source: None required. Motion carried unanimously. 10:00) E Continuation of a public hearing to consider an Ordinance relating to the abatement of conditions which constitute a public nuisance and adding a new Chapter 9.56, "Public Nuisances," to the Kitsap County Code. The Board of Commissioners will also consider an Ordinance amending Title 17 of the Kitsap County Code, "Zoning," pertaining to the storage of junk motor vehicles on private property to correspond to the provisions of the Nuisance Ordinance. Total Cost: Unknown enforcement and cleanup costs, including estimated costs of $75-$125 per car for removing and appropriately recycling or disposing of an unknown number of cars. Funding Source: General Fund—The County's costs of cleanup will be a lien against the property and recouped at the time of property sale, refinance or other real estate transactions. Kathryn Portteus, Prosecutor's Office, said staff had received tremendous and helpful comments from citizens and the following had been included in the Definition Section of the ordinance for clarity: scrap, scrap processor, screened, vehicle lot, trash covered premises, dangerous structures, broken or discarded furniture, household equipment and furnishings in any yard or vacant lot, potential vermin habitat or fire hazards, junk vehicles, attractive nuisances, obstruction to the public right-of-way, vegetation posing risk of damage or injury, illegal dumping and dumping in waterways. She said the ordinance provides a method for property owners to enter into a voluntary correction agreement with the county to remedy violations constituting a public nuisance and a means for the county to efficiently abate nuisances that are not corrected through the voluntary process or that constitute an emergent risk to public safety. She said because this was a stringent ordinance and the final affect could result in someone's property being towed, staff decided that in fairness to the citizens the civil infraction process would be a pre-requisite to the nuisance ordinance. She also said in Section 9.56.050 (3) a, a clause had been added relative to junk motor vehicles placed or abandoned on private property without the consent of the property owner. In Section 9.56.060, Abatement by the County, Portteus said a clause had been added relative to removal of junk motor vehicles, vehicle hulk or parts. She said Section 9.56.070 addressed an environmental mitigation agreement for outdoor storage of junk motor vehicles on private property for a one-time fee of $10.00. Portteus said the zoning ordinance modifications are written as clean-up language to correspond to the nuisance ordinance if it is adopted. She said several sections of the current zoning ordinance, codified in Kitsap County Code Title 17 must be amended to reflect the new provisions of the nuisance ordinance. She also said the only substantial difference between the two ordinances is the definition of "junk motor vehicle." Portteus said the definition used in the nuisance ordinance is the State's definition and the definition being proposed for the zoning ordinance is a more liberal and more stringent County definition. She said the practical result would be if a junk motor vehicle meets the County's definition in the zoning ordinance, the owner could be issue a civil infraction after notice of the alleged violation and an order to correct. She said if the vehicle meets the State's definition it can later be abated and destroyed. Eric Baker, Department of Community Development, recommended the following changes to the ordinance: 1) in Section 9.56.020 (3) the definition of "building; 2) in Section 9.56.020 (9) definition of "junk motor vehicle"; and 3) in Section 9.56.020 (10) definition of nuisance in that in item (iv) will be incorporated into (i). Discussion was held between the Board and Baker regarding the civil infraction process, the zoning ordinance being the enforcing ordinance and adequate screening of properties. Chair Endresen read the ground rules for this public hearing into the record. John Kincl said he knew that there was a problem with junk vehicles in the county but did not see why others should be penalized. He was concerned about the difficulty of moving unlicensed vehicles and about the lessening value of junk metal. Judith Gluba was concerned about the lack of value in junk vehicles, garbage being stacked against the side of the road, loss of property values, screening of property and vermin habitat. Chuck Barker was concerned about the over use of the word "abate" and what it meant, the $10.00 vehicle registration fee, cars being required to have drip pans and the requirement to screen the vehicles. Al Larsen was concerned about the $10.00 registration fee, draining of fluid out of a stored vehicle and how to determine if a vehicle was usable. Jim Babbitt said he did not like the fee and that he agreed with most of the comments. Jerry Darnall was concerned about the definition of vermin habit being removed from the ordinance, the definition of offensive odors and approved covered receptacles. Bill Arness was concerned about being able to use of his property freely and believed that this ordinance constituted a taking of property. He also had concerns about vermin habitat, public notice to a property owner that was out of town, the registration fee and junk vehicles such as boats and tractors. Jan Brower, Health District, did not believe that the ordinance was consistent with Health District 2006 Solid Waste Regulations. She was concerned about screening of vehicles, removing of fluids from vehicles, storage of leaking vehicles on concrete pads or paving not being sufficient to protect stormwater run off and use of the "white goods" definition used in the Kitsap County Solid Waste Management Plan. Thurman Whiteley said he opposed this ordinance as written and had concerns about an inspector entering his property without permission and the definition of what is junk. Bruce Muhleman believed this ordinance constituted selective enforcement, disagreed with the $10.00 registration fee and why his property was regulated more stringently than car lots. Thomas Perry opposed the ordinance and did not believe it should not be considered at this time. Don Shoop was concerned about the definition of junk motor vehicles, valid complaints, voluntary correction and the time frame to make corrections. Ron Ross asked the Board to respect the opinion of the individuals who have commented at the public hearings as well as by phone calls and e-mails. He was concerned about selective enforcement, vermin habitat and suggested a sunset clause for the ordinance. Scott Henden believed this ordinance was about control. Howard Jackson agreed with the previous speaker and opposed adoption of the ordinance. He was concerned about selective enforcement and the definition of "nuisance". Bob Andrews believed that there should be provision in the ordinance to help individuals who could not afford to get rid of junk vehicles. Merry Steuer was concerned about including a clause in the ordinance dealing with the crowing of roosters. Rick Sopel agreed with the previous speaker regarding having a clause in the ordinance to deal with the crowing roosters. Patty Yeik was concerned about vermin habitat being removed from the ordinance. She would like to see language included the ordinance regarding best management plans for farms. Duane Swan addressed the Board with concerns about how to deal with a house that was burned out approximately 3 years ago and the junk cars that were still on the site. He was concerned about the position of the Department of Ecology as it related to junk cars. Chair Endresen said that the record would remain open for written comments on this matter until Friday, August 31, 2001 until 4:30 PM. Discussion was held among the Board regarding the $10.00 registration fee and those monies possibly being channeled back into a fund to help individuals come into compliance or give them an incentive to comply, laws in general are strictly written, dump fees getting progressively worse, distinction between what was happening in rural areas versus the urban area, timeframe for complying with the ordinance, cleanup provision if site is found to be contaminated, some type of notice to individual for an annual inspection, exception to some violations, notice and permission to enter an individual's property, definition and word use, education of code enforcement, what constitutes a valid complaint, being able to dispose of the junk in an acceptable manner, how to deal with agriculture concerns, definition of obnoxious odors, devaluing a neighbor's property and establishing the market value of a hulk or scrap. Chair Endresen directed staff to submit a report to the Board in approximately three weeks in the Board's work-study session on the suggested changes to the ordinances and the Board would determine how to proceed at that time. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board: A. Approve Minutes of August 20, 2001. B. Approve Warrant No. 2944086 through 2945047 in the amount of $2,333,758.53. Motion carried unanimously. 2) DEPARTMENT OF PERSONNEL & HUMAN SERVICES: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract with Dispute Resolution Center (KC-323-01) to provide ombudsman services and a parent advocacy program throughout the Peninsula Regional support Network service area for the period of July 1, 2001 through June 30, 2002. Total Cost: $110,000. Funding Source: State Grant Funds (DSHS). Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board ratify the contract with The Department of Social & Health Services (KC- 296-01) to provide public mental health services in Kitsap, Jefferson and Clallam counties for the period of August 16, 2001 through June 30, 2003. Total Cost: $33,297,000. Funding Source: State Grant Funds (DSHS). Motion carried unanimously. C. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 158-2001* thereby modifying Resolution 153-2001 that reclassified a position within the Department of Administrative Services. Total Cost: None. Funding Source: None required. Motion carried unanimously. 3) CENTRAL COMMUNICATIONS DEPARTMENT: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 159-2001* thereby providing for a November ballot proposition to levy regular property taxes for five consecutive years, commencing in 2002, in excess of Chapter 84.55 RCW limitations on levies for the purpose of constructing and equipping a new consolidated 911 dispatch communications and emergency services center. Total Cost: $10.5 million if approved by voters Funding Source: Property Taxes amounting to about $24.00 annually for a period of five years for a home with an assessed value of $150,000. Motion carried unanimously. 4) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract with The Puget Sound Water Quality Action Team (KC-207-01) to facilitate the assessment and planning process being implemented by the County in the Chico Creek Watershed for the period of January 2001 through January 15, 2003. Total Cost: $30,000 in revenue. Funding Source: Puget Sound Water Quality Action Team. Motion carried unanimously. 5) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the Interlocal agreement with Kitsap County Consolidated Housing Authority (KC-228-01) for property inventory and property record management services for the period of July 1, 2001 through June 30, 2002. Total Cost: $58,500. Funding Source: County General Fund. Motion carried unanimously. B. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract with Kuhn Construction (KC-337-01) to complete the interior of the Kitsap County Maintenance facility within 60 days. Total Cost: $204,834.50. Funding Source: Jail Construction Fund. Motion carried unanimously. C. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract amendment with JE Dunn Construction (KC-011-00B) for project management services for the jail expansion project. Total Cost: $187,308. Funding Source: Jail Construction Fund. Motion carried unanimously. D. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract with Sound Excavation (KC-339-01) for the demolition of three single-family residences located at 507 Cline, 612 and 622 Dwight Streets. Total Cost: $47,608. Funding Source: Real Estate Excise Tax. Motion carried unanimously. E. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the Interlocal agreement with The Kitsap County Public Facilities District (KC-346-01) authorizing a temporary loan from Kitsap County to the Kitsap County Public Facilities District for the purpose of paying ongoing expenses, with the understanding that the Public Facilities District will reimburse the County from the sales taxes that it is expected to receive beginning in November. Total Cost: not to exceed $35,000. Funding Source: General Fund (reimbursed with State sales tax). Motion carried unanimously. F. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract with McGregor Industries, Inc (KC-185-01) for Bid 2001-121 for the Kitsap County Jail Expansion – doors, frames and hardware, Bid Package #3. Total Cost: $890,500 + WSST. Funding Source: Jail Construction Funds. Motion carried unanimously. G. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract with Ace Paving (KC-340- 01) to install approximately 46,500 square feet of 3" Asphalt Treated Base (ATB) to be placed in the area outside of the building line of the existing and proposed Kitsap County Jail within a period of 30 days. Total Cost: $35,651.90. Funding Source: Jail Construction Funds. Motion carried unanimously. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Ron Ross addressed the Board with concerns about adopting the resolution for the CENCOM building, why the government center will not be brought before the people for a vote, not prudent for the county to appeal a $600 fine with the City of Port Orchard and encouraged the Board to continue having the Kitsap County Fair. B. Bill Arness addressed the Board with concerns about the nuisance ordinance. 5) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Recess to executive session on Monday, August 27, 2001 at the hour of 1:30 PM to discuss personnel issues and litigation. The executive session began at 2:40 PM and ended at 3:30 PM. B. Recess to executive session on Tuesday, August 28, 2001 at the hour of 11:00 AM to discuss personnel issues. The executive session began at 11:00 AM and ended at 12:00 PM. C. The Commissioners thanked all those who helped to make the Kitsap county fair & Rodeo a success despite inclement weather for the first two days. Public meeting recessed at 12:15 PM Public meeting reconvened at 1:30 PM. Public meeting adjourned at 2:30 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON CHRIS ENDRESEN, CHAIR TIM BOTKIN, COMMISSIONER JAN ANGEL, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See BCC Resolution Journal Volume No. 56 ** See BCC Ordinance Journal Volume No. 10 OTHER MEETINGS ATTENDED BY THE BOARD: 08/27/01 12:00 PM Lunch –with Elected Officials-Twetens 1:30 PM Executive Session-BCC Conference Room 2:00 PM Administrator's Briefing-BCC Conference Room 08/28/01 11:00 AM Executive Session-BCC Conference Room 1:30 PM United Way Meeting-BCC Conference Room 3:00 PM DSHS Strategy Meeting-BCC Conference Room 08/29/01 9:00 AM Work study Session-Public Works 3rd floor Conf.RM, 1:30 PM Hood Canal Coordinating Council-Skokomish Tribal Ctr 8/30/01 8:00 AM Gov Center Planning Meeting-Admiral Theater 08/31/01 THE NEXT BOARD OF COUNTY COMMISSIONERS MEETING WILL BE HELD SEPTEMBER 10, 2001. 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) SEPTEMBER 3, 2001: NO PUBLIC MEETING – "LABOR DAY" SEPTEMBER 10, 2001: 10:00) A Employee of the Month Recognition. SEPTEMBER 17, 2001: 10:00) A SEPTEMBER 24, 2001: 10:00) A KITSAP COUNTY COMMISSIONERS MINUTES, August 27, 2001 Page 212 Page 201