M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS September 11, 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, 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) Employee of the Month Recognition. Congratulations and a Certificate of Appreciation was presented to Monty Mahan, Department of Public Works who was nominated and chosen for outstanding work as the lead person on the highly successful Bethel Road Corridor Plan community involvement process. Throughout this project, Monty has continually demonstrated his value and personal commitment to the Public Works Department, County Government and the citizens of Kitsap County. 10:00) CDBG Agency Presentations, Holly Ridge Center and Kitsap Applied Technologies. Sally O'Callahan, Department of Community Development, introduced Roxanne Bryson, Holly Ridge Center and Jim Babson, Kitsap Applied Technologies who gave brief overviews of their agencies. Roxanne Bryson, Holly Ridge Center, said that the Center was in the midst of partnering with Peninsula Services in creating Kitsap E-Z Earth, a unique business venture creating employment opportunities for people with disabilities. She said that Kitsap E-Z Earth 100% compost was the first of a family of earth friendly products, including garden supplies, worms, worm bins, soil composters and worm tea. Jim Babson, Kitsap Applied Technologies, said that they would be constructing a 12,000 square foot facility that would accommodate 78-90 individuals with profound disabilities for vocational training. He thanked the Board of Commissioners and other citizen advisory boards for awarding the funds to their agency because it had allowed them to move forward in constructing a facility that would accommodate all of the special needs of the individuals who they provided services to. 10:00) A Public hearing to consider amending Kitsap County Ordinance No. 152-1993 and the Kitsap County Code Section 10.48 regarding the discharge and sale of common fireworks in unincorporated Kitsap County, by permitting common fireworks to be sold from 12:00 Noon on June 28 through 11:00 AM on July 4 of each year, except from 11:00 PM to 9:00 AM and prohibiting the sale of fireworks on December 31. The discharge of fireworks will remain restricted to July between the hours of 11:00 AM and 11:00 PM as was previously adopted in Ordinance No. 152-1993. Derrick Crawley, Department of Community Development, gave a brief overview of the proposed ordinance amendment stating that it was being presented in order to eliminate some of the conflicts regarding interpretation and application relative to retail sales, discharge and storage of common fireworks contained in the current ordinance. He also said that he would like to bring the ordinance more into compliance with state regulation relative to discharge and sale of common fireworks. Discussion was held between the Board and staff regarding the timeframe for sale of fireworks, storage, public displays, enforcement of the ordinance and possibly changing the deadline for fireworks sales on July 4, from 11:00 AM to 6:00 PM. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board enact Ordinance No. 248-2000** thereby consider amending Kitsap County Ordinance No. 152-1993 and the Kitsap County Code Section 10.48 regarding the discharge and sale of common fireworks in unincorporated Kitsap County, subject to amending the language in Section 2 to read that common fireworks may be sold until 6:00 PM on July 4th and prohibiting the sale of common fireworks at any other time specifically including December 31st, nor discharged at any other time. Motion carried unanimously. 10:00) B Public hearing to consider an application filed by George & Pauline McKee for Current Use Assessment Open Space on a 6.95-acre parcel located at 10778 Olalla Valley Road SE in South Kitsap, Commissioner District No. 2. Karanne Gonzales, Department of Community Development, gave a brief overview of the open space applications and said that staff and the Planning Commission had recommended conditional approval. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board concur with staff's recommendation thereby approving the application of George and Pauline McKee for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) C Public hearing to consider an application filed by Tom Garofalo for Current Use Assessment Timberland Open Space on approximately 18 acres located at 15630 & 14665 Fairview Lake Road SW in South Kitsap, Commissioner District No. 2. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board concur with staff's recommendation thereby approving the application of Tom Garofalo for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) D Public hearing to consider an application filed by Frederick & Lynda Gruber for Current Use Assessment Timberland Open Space on approximately 15-acre parcel located on the south side of Hoskins Lane in South Kitsap, Commissioner District No. 2. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board concur with staff's recommendation thereby approving the application of Frederick and Lynda Gruber for Current Use Timberland Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) E Public hearing to consider an application filed by David Hagfors for Current Use Assessment Timberland Open Space on approximately 19.3 acres located off an easement road on the west side of West Kitsap Lake Road in Central Kitsap, Commissioner District No. 3. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board concur with staff's recommendation thereby approving the application of David Hagfors for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) F Continuation of the public hearing to consider Policies and Procedures for the Kitsap County Right-of-way Vacations and Disposition of County-owned Land Ordinance. (NOTE: AT THE REQUEST OF STAFF, THIS MATTER HAS BEEN CONTINUED TO OCTOBER 2, 2000 AT THE HOUR OF 10:00 AM). 10:00) G Continuation (for decision only) of the Proposed Port Blakely Sub-Area Plan and Implementing Regulations, Proposed Revisions to the Kitsap County Comprehensive Plan and Zoning Ordinance and the Proposed Three-Party Agreement. Bruce Freeland, Department of Community Development, said that since the close of the public hearing on August 29, 2000, three letters had been received, from Tom Donnelly, the Suquamish Tribe and Sandra Adams. Relative to the letter received from Donnelly regarding the size of the population capacity for the City of Bremerton, Freeland said that the difference between the two numbers was that one figure was known at the time of adoption of the City's Comprehensive Plan but he was unable to explain the difference between the 20,000 and 30,000. He said that the 20,000 figure was the population allocation number adopted in the county's plan as well as the City of Bremerton. Relative to the sub-area plan, he said that some of the mixed-use numbers for the City of Bremerton were being re-allocated from the Central Business District to the Port Blakely site. Freeland said that staff would review the state's buildable lands requirement in 2002 when that report is presented. He said that relative to prohibiting cities from annexing territory that had not been designated as an urban growth area, the current proposal before the Board was to designate the Port Blakely site as part of the Bremerton urban growth area. Regarding protection of resource lands, Freeland said that there was a difference between the current use of property for forestry and a resource designation under the comprehensive plan and that this property was not designated a long-term forestry. Discussion was held among the Board relative to the jobs/housing balance, stronger language in the 3-party agreement (item #8) relative to cooperation for economic development, thresholds for development, adding a pro-active statement about jobs in that threshold and the letter received from Mayor Horton. Commissioner Endresen thanked everyone involved in this process for the work that had been done and for keeping the lines of communication open relative to this project. She said that this was a significant project for the county and that there was no past history to refer to on this project. She said that this project provided new opportunities for the City of Bremerton and that she understood the population allocation issue being raised but felt that Bremerton stated a good case for the re-distribution of the current population allocation. Commissioner Endresen believed that this project would help the City of Bremerton reach its population goals in the long run. She said that she was concerned about the environmental impacts to the watershed, the salmon runs and that all the questions had not yet been answered but was certain that they would be in the master plan and in the environmental analysis. She further said that she would be scrutinizing those documents to insure that they met the intent of the agreement. She said that the county would be entering into a partnership agreement with the Suquamish Tribe relative to monitoring of the entire watershed and basin planning. She said that the 3-party agreement was legally binding and been scrutinized by all three parties as well as the Tribe and that it clearly laid out the expectations and obligations. She also said that approving this amendment to the comprehensive plan took a certain degree of trust and that she looked forward to reviewing this matter in the future and acknowledging that this was a good project for everyone. Commissioner Endresen said that this project would provide jobs in Kitsap County give Bremerton a new image by helping with downtown redevelopment and would be an opportunity to prove that everyone could live and work in concert with our environment. She said that this was something new, that it should be given a chance to work and made successful. Commissioner Garrido said relative to the mixed-use section, it referred a lot to commercial and she wanted to insure that it meant businesses and not necessarily commercial only mixed-uses. She also felt that there needed to be a stronger statement in the document relative to the telecommunication section. Freeland noted for the record that the plan specifically capped retail uses on the site. Chair Botkin said that this had been an evolution for Kitsap County and on dealing with economic development he looked at ways in which to broaden the county's tax base in order to bring in revenues for public items without having to tax the individual property owners as much as was needed. He said that economic development was about having the revenue to build a quality community and that in the 1996 plan, this area was designated industrial and about creating jobs. He said that relative to smart growth and to a competitive job market, an area had to offer a life style, a high quality product that allowed individuals to live in close proximity to their jobs. Chair Botkin said that he had concerns about the environmental aspects of this project. He said that Kitsap County needed to look at its history of continual green field development and understand that it was not a perpetuating system. He said that there had been several public meetings on this project and that the Board had received valuable information from Tribal resources. He also said that this was the biggest project in Kitsap County, that there were risks but along with those risks came the potential for big benefits that would put Kitsap County in a competitive market. He said that staff had done great work on this project and it was being turned over to the City of Bremerton which was scary but was a part of the process. He said that the significance of the resources and analyses put into the Chico Basin watershed demonstrated an overwhelming commitment by the county. He said that he was also concerned about the traffic issue of this project and that the county was committed to keeping the traffic off Kitsap Lake Road by putting a new access in the south end which would be less intrusive to the residents. He felt that this project and the 3-party agreement should be approved as presented. Chair Botkin expressed concern about the City of Bremerton's planning department being in a state of transition and the city's population allocation issue. He said that he would like this matter to be held for reconsideration until September 25, 2000 to see if there would be additional information specifically to include any efforts made by the City of Bremerton relative to its planning department and population allocation. Discussion was held between the Board and Sue Tanner regarding the effective date of the ordinance and reconsideration of the matter at a later date. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board amend Section 8 of the 3-party agreement (KC-448-00) to include the language mentioned above by Commissioner Garrido. Motion carried unanimously. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board enact Ordinance No. 249-2000** as presented relating to Land Use Planning and Development Regulations for the Port Blakely Joint Planning Area. Motion carried unanimously. A motion was made by Chair Botkin and seconded by Commissioner Garrido that the Board may reconsider this matter on September 25, 2000 to articulate what was happening with the City of Bremerton Planning Department and the issue of population allocation. Motion carried. Commissioner Endresen voted No. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A. Approve Minutes of August 28, 2000 and August 29, 2000. B. Approve Warrant Nos. 2880829 through 2881692 including manual warrant no. 2880828 in the amount of $1,670,675.80. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Summons, Petition For Declaratory Judgment filed by Canter Development Company; 2) Claim For Damages filed by Steve Klinko; 3) Claim For Damages filed by Kim M. Larson; 4) Request For Immediate Possession and use, Petition, Notice In Condemnation and Note For Motion Docket filed by State of Washington, Department of Transportation; and 5) Complaint For Damages filed by Patricia M. Gouveia. D. Adopt Formal Decision on Appeal for Site Plan Review on the "Carlson Center". Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. 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 Thyssen Elevator (KC-139-99C) in the amount of $27,070.32 + WSST for maintenance services on elevators in County facilities. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract between Kitsap County and Focal Communications Corporation of WA (KC-409-00) in the amount of $71,760 for PRI ISDN trunks and DID numbers for a 2-year period; for Chair's signature. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 159-2000* thereby appointing Andrea Nesbitt to a 3- year term on the Development Disabilities Advisory Board representing District 2. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 160-2000* thereby re-appointing Christine Johnson and Harry Wade to 3-year terms on the Development Disabilities Advisory Board representing District 2 and District 3. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 161-2000* thereby adopting the Kitsap County Personnel Manual as revised. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Memorandum of Understanding amendment between Kitsap County and Washington State Council of County and City Employees, Local 1308 (KC-415-97J) to the Collective Bargaining Agreement, effective September 1, 2000. Motion carried unanimously. E. 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 Interlocal agreement between Kitsap County and The Central Kitsap School District (KC-407-00) in the amount of $15,625 for implementation of the Teen Mentor Program for the period of August 1, 2000 through June 30, 2001. Motion carried unanimously. F. 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 amendment between Kitsap County and State Department of Community, Trade and Economic Development (KC-403- 99A) in the amount of $70,930 for Community Mobilization against substance abuse for the period of July 1, 2000 through June 30, 2001. Motion carried unanimously. G. 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 Interlocal agreement amendment between Kitsap County and Olympic Educational Service District #114 (KC-556-99A) increasing the contract amount by $46,654 for operation of a Youth Safe Policy Program for the period of July 1, 2000 through June 30, 2001. Motion carried unanimously. H. 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 Interlocal agreement amendment between Kitsap County and Olympic Educational Service District #114 (KC-289-99B) increasing the contract amount by $12,000 for the Juvenile Justice Substance Abuse Intervention Program for the period of July 1, 2000 through June 30, 2001. Motion carried unanimously. I. 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 amendment between Kitsap County and Kitsap Family YMCA (KC-549-99A) increasing the amount by $4,000 for the Late Night Sports Program for the period of July 1, 2000 through June 30, 2001. Motion carried unanimously. J. 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 amendment between Kitsap County and Kitsap County Domestic Violence Task Force (KC-548-99A) increasing the amount by $3,500 for the Domestic Violence Task Force Program for the period of July 1, 2000 through June 30, 2001. Motion carried unanimously. K. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 162-2000* thereby reclassifying positions within various county departments. Motion carried unanimously. 4) DEPARTMENT OF JUVENILE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Grant agreement between Kitsap County and The Suquamish Tribe (KC-408-00) in the amount of $100.00 per day for use of a bed space available basis for detention of Suquamish Indian Tribal youth for a 1-year period. Motion carried unanimously. 5) AUDITOR'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 163-2000* thereby establishing a change fund for the Kitsap County Sheriff's Department. Motion carried unanimously. 6) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Contract between Kitsap County and SCA Consulting, INC (KC-384-00) in the mount of $28,600 for consultant services for facilitation of public involvement for the Tracyton Blvd Traffic Calming project. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Contract between Kitsap County and RST International, INC (KC-396-00) in the amount of $49,940 for professional services for SR 303 Corridor Modeling, Phase I. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Interlocal agreement between Kitsap County and The Bremerton-Kitsap County Health District (KC-427-00) in the amount of $20,000 for pollution control work in the Burley Lagoon Watershed. Motion carried unanimously. D. 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 KCM, INC (KC-207-99C) increasing the amount by $5,911 for a new total of $107,058 for services relating to stream restoration work on Clear Creek adjacent to the Markwick property. Motion carried unanimously. 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Jerri Jordan, Washington Association of Realtors, read and submitted a letter to the Board relative to citizens' opportunity to address the Board. B. Ayvon Card asked the names of the individuals appointed to the Charter Government Ballot Measure Committee (item 8D). C. Richard Brown addressed the Board with concerns about the appearance of fairness of the Board when addressing certain matters before the Board and the recent loss of several staff members in the Department of Community Development. D. Ron Ross addressed the Board with concerns about the Sense of Community Banners posted in Silverdale and Brownsville, whether the shoreline workshops conducted by staff were being recorded and suggested that use of county sewers should be allowed when they are in place regardless of the zoning. Ross also had concerns about a memorandum from the County Administrator regarding the proposed Right-of-Way Disposition of County Owned Lands Ordinance. E. Julie Newman addressed the Board with concerns about impact fees imposed on her property located on Wm E. Sutton Lane in North Kitsap County. F. Scott Henden addressed the Board with concerns about the Board's attendance at the on-going shoreline workshops and said that the public should be aware of what National Marine Fisheries Services is recommending. 8) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board adopt Resolution No. 164-2000* thereby appointing Barry N. Cook to serve as the City of Bremerton representative to the Kitsap County Public Facilities District. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Botkin and seconded by Commissioner Garrido that the Board adopt Resolution No. 165-2000* thereby declaring September as Leave a Legacy Month in Kitsap County. 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 the Exercise of the Kingston Salt Marsh Option Agreement and Purchase and Sale Agreement. Motion carried unanimously. D. 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. 166-2000* thereby appointing James Martin, Linda Webb and David Card as a committee to prepare statements in favor of the Charter Government Ballot Measure and appointing Kim Abel, Eloise Andrus and Luella Wells as a committee to prepare statements opposing the Charter Government Ballot Measure be published in the Voters' Pamphlet. Motion carried unanimously. E. Recess to executive session on Monday, September 11, 2000 at the hour of 1:30 PM to discuss litigation and land acquisition. The executive session began at 1:45 PM and ended at 2:30 PM. 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: 09/11/00 12:00 PM Lunch- Twetens "Employee of the Month" 09/11/00 1:30 PM Executive Session-BCC Conf Room 09/11/00 2:00 PM Administrative Meeting-BCC Conf Room 09/13/00 9:00 AM Work Study Session-3rd Floor PW Bldg 09/14/00 1:30 PM Project Impact Signing-Admiral Theater 09/16/00 5:00 PM Habitat for Humanity Dinner/Auction-Admiral Theater 09/16/00 Kitsap County Employee Picnic-Lion's Field, Brem. THE NEXT MEETING OF THE BOARD OF COUNTY COMMISSIONERS WILL BE HELD ON SEPTEMBER 18, 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) SEPTEMBER 18, 2000: SEPTEMBER 25, 2000: KITSAP COUNTY COMMISSIONERS MINUTES, SEPTEMBER 11, 2000 Page 242 Page 241