M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS September 16, 2002 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, 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 Pledge of Allegiance. 10:00) A Continuation of a public hearing to consider a Petition to Vacate a portion of Vetter Road NE in the Plat of Poulsbo Heights filed by Suzanne T. Arness. The portion requesting to be vacated is approximately 14,479 square feet or 0.332 acres, is unopened and is not expected to be of use for the County Road system, pedestrian uses or park/greenway purposes in the foreseeable future. The proposed vacation is located in North Kitsap, Commissioner District No. 1. Molly Foster, Public Works Department, said the applicant would be out of town and asked the Board continue this matter to November 18, 2002. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board continue this matter to November 18, 2002 for further discussion and deliberation. 10:00) B Public hearing to consider a Petition to Vacate a portion of NE Anna Road filed by Todd and Ashia Mills. The portion requesting to be vacated is approximately 1,200 square feet (40 feet wide by 30 feet long) and abuts the petitioner's parcel. The road is unopened and is not expected to be of use for the County Road system, pedestrian uses or park/greenway purposes in the foreseeable future. Establishment of an easement will maintain an existing electrical cable in the vacation area and approval of the vacation will not deny access to the abutting property owners. The proposed vacation is located in North Kitsap, Commissioner District No. 1. Candy Murcel, Department of Community Development, posted maps of the site and gave a brief overview of the proposed vacation. She said the portion requesting to be vacated is located at the dead end of an unopened right-of-way. She said the property is approximately 2.3 acres and approximately 70-80% of that is critical area that limits the building space for the applicants. Murcel said the petition was recommended for approval after review by the various departments and that approving the petition would not deny access to any abutting property owners. She said Puget Sound Energy requested that an easement be reserved for electrical purposes. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve the petition for vacation subject to granting the easement requested by Puget Power; further that an Order be executed, so stipulating. Motion carried. 10:00) C Public hearing to consider an Ordinance setting the speed limit for watercraft on Mission Lake. The proposed amendment will limit the speed of internal combustion engines using Mission Lake exclusively to a maximum of seven (7) miles per hour. Renee Beam, Department of Community Development, said the Department of Community Development and the Board of Commissioners had received a request to review the issue of setting a speed limit on Mission Lake. She said when the county's boating ordinance was adopted in 1992 it contained areas that were referred to as restricted lakes in that combustion engines were not allowed. She said some residents of Mission Lake assumed there was still a speed limit on the lake but there isn't. Beam said there was a historical speed limit of 7 miles per hour but with the adoption of the 1992 boating ordinance it was removed. She said a public meeting held was held in May of 2002 and the consensus from that meeting was that the majority did not want a restricted lake with no internal combustion engines permitted but rather a restricted lake with 7 miles per hour speed limit. She said staff recommends that the County sign shop make a sign relative to the speed restriction and post at the public access. Discussion was held between the Board and Beam regarding the size of the lake and how many people lived around the lake. The following individuals testified in support of the speed limit restriction: Robert Dewey, Fred Taylor, Terry Saunders, Al Everson, Charles Fike, Becky Argyle, Jim Powers, Royce Morey, Marlene Morey, Pam Kiesel, Mark Heitstuman, April Harris, Frank Fagan and Loretta Fisher. Patrick Campbell said the lake is too small and believes some type of restriction is needed to prevent possible injuries. Heather Cotton was concerned as to why a specific time couldn't be set for use of the lake for boaters and inner tubers. Cotton said a lot of the foster kids have never seen a lake or been on a boat and felt this is opportunity for them to experience these things in a safe environment. She did not believe that all the alleged damages to the various bulkheads were caused by the wakes from the boats. Loyd Wallace was against lowering the speed limit on the lake. He said the foster kids could be taken to Tiger Lake but it would be an inconvenience. He felt there should be a compromise for use of the lake. Mark Fullington said there are smaller lakes that allow skiing, such as Haven Lake. He believes despite of today's ruling they could all be good neighbors. He felt that there should and could be a compromise on use of the lake. Penny Fullington agrees that there should be a compromise for use of the lake. She said relative to the foster kids activities, they needed to be held at their home and not an access because they needed an enclosed area to keep track of the kids. She said they did not pay annual taxes on Mission Lake to use another access and that relative to wildlife there is an eagle that nests door to their property. Betty Worrell said she boats on the lake and she would never ask another property owner to go to another lake to swim, kayak or fish. She felt everyone could get along using the lake in different ways. Ryan Nelson said he enjoys boating on the lake. Relative to the foster kid activities, he felt it would be difficult to transport 30 kids or more to a different location and relative to the disappearing wildlife, perhaps it could be attributed to the crows in the area. Jeri Fagan was concerned about jet-ski use on the lake. Dave Braun was concerned about safety on lake and suggested eliminating inner tubing and water skiing and keeps it as a fishing lake only. Karen Nelson was in favor of watercraft use on the lake and would like to see the kids use it. Joanne Wilkinson said there would be more people moving to the lake and if there were no set speed limit, the new people and their friends would possibly want to use the lake for water skiing or speed boating. Kelly Keeling felt the lake is to small for water skiing and she was also concerned about safety on the lake. Margaret Joyce said she bought property on the lake because of the peace and quiet and the speed limit restriction on the lake. Jim Alexander said he lives across from the launching ramp but not on the lake. He said he is a fisherman and his boat has been buzzed several times by the water ski boats and as a result do not fish in the middle of the lake anymore. Terry Joyce felt that the 7miles per hour is a compromise and if the boats wanted to go faster they could go to Tiger Lake. Walter Gitliski said he is a resident of Mission Lake and felt that this issue has been somewhat decisive for the residents. He said a letter was drafted in May of 2001 asking the Board of Commissioners help in dealing with matter. He believes all lake residents were interested in everyone being able to enjoy the lake and believes if the current law allows for a speed limit over the 7 miles per hour it should be respected. Gitliski said there has been a fairly strong majority in favor of the speed limit reduction as well as discussion on a proposal for compromised use. He thanked the Board and staff for listening and going through the process. He said as chair of the association he would decline a position on this issue. Discussion was held among the Board members regarding the process followed by the community as a whole, care of foster kids in Kitsap County, other activities for kids on the lake, safe swimming for everyone, the lake being too small, the excessive speed and noise and the lake being enjoyed by all residents year round. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board enact Ordinance No. 278-2002 ** thereby setting the speed limit for watercraft on Mission Lake. The proposed amendment will limit the speed of internal combustion engines using Mission Lake exclusively to a maximum of seven (7) miles per hour. Motion carried. (Chair Botkin noted for the record that Commissioner Angel stated that she is favor of the amendment also). 10:00) D Continuation of a public hearing to consider an Ordinance adopting procedures for inspection and copying of public records maintained by the Board of Commissioners and its departments, adding a new Chapter 3.76 Public Records to Title 3, Kitsap County Code. Malcolm Fleming, County Administrator, gave a brief update on the proposed ordinance as discussed at the previous hearing on September 9, 2002. He said one change requested by the Board was made in Section 376.060 relative to the hours for records inspection and copying. Discussion was held between the Board and Fleming relative to charging a consistent fee for copying in all County departments. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board enact Ordinance No. 279-2002** thereby adopting procedures for inspection and copying of public records maintained by the Board of Commissioners and its departments, adding a new Chapter 3.76 Public Records to Title 3, Kitsap County Code. Motion carried. 10:00) E Closed Record hearing to consider appeals filed by: 1) Ingrid Siedler, Monica Robbins, Marilyn Rafn, John & Linda Valley and; 2) Jon Day of the Hearing Examiner's second decision rendered on July 19, 2002 to approve with Supplemental Findings of Fact, Conclusions of Law and Decision on Remand from Superior Court a Conditional use Permit, Zoning Code Variance, Critical Areas Variance, Shoreline Substantial Development Permit and Shoreline Conditional Use Permit submitted by Jim & Cathy Hayes for the Hood Canal Oyster Processing Plant, an oyster processing plant fronting the northwest side of Seabeck Bay along the Hood Canal in Central Kitsap, Commissioner District No. 3. Bill Broughton, attorney for the applicant, waived any objection to receiving formal notice of this hearing and stated that they had in fact received notice of the hearing. Chair Botkin explained the closed record appeal hearing process. Renee Beam, Department of Community Development, posted a site plan of the proposed project and said it is an expansion of a commercial oyster facility on Hood Canal. She said the applicant currently collects and sells oysters in the whole shell and the proposed expansion is on their existing approved project to the south of the current location. She said the property is just under an acre in size and the upland portion is proposed to be used for a storm water conveyance drain field and parking. Beam said the applicants were seeking approval for a building with a 1,750 footprint with the actual size of the building being approximately 3,700 square feet with a zero setback from the shoreline. Beam also gave a brief history of the application and why it is before the Board of Commissioners again. She said the Board could approve the project upholding the Hearing Examiner's Decision of July 17, 2002; approve with additional conditions; deny the application or remand it to the Hearing Examiner for additional information. Discussion was held between the Board and Beam relative to the Superior Court confirming the SEPA appeal, this not being a shoreline appeal, the shoreline designation and whether there was a finding overturning the Board of Commissioner's finding that this is a water dependent use. Chair Botkin reiterated that the Board could not accept any new testimony and is limited to information that is already contained in the record. Jon Day, appellant, addressed the Board with concerns about the by-catch debris from oyster harvesting/handling and wastewater affluent from oyster processing. He is also concerned about the Critical Areas Ordinance variance in relative to whether there would be substantial detrimental impacts to the critical area. He felt that the by-catch debris from handling and the wastewater affluent would be detrimental impacts and believes these issues were not appropriately addressed. Day is concerned not only about the detrimental impacts but also how they would be affecting the function of the ecosystem. He said Seabeck Bay is on an estuary, a rich area that needed to be protected. Day said the ecosystem functions are working now but is concerned that if the nutrient loading continues, a point could be reached where the functioning of the system would not work. Discussion was held between the Board and Day regarding whether there is a cure for the bi-catch problem. Bill Broughton, attorney representing the applicant, said he believes if Day had attended the previous hearings on this matter a lot of his concerns would have been satisfied. He said Superior Court remanded this matter for additional findings on the interpretation of what happens when there is water dependent and water related use and not on SEPA issues. He said there is no by-catch material going into this bay, all materials are recycled and felt there would be no detrimental impacts on the estuary or Seabeck Bay. Broughton said there are now videotapes in the record of all of the shorelines of Seabeck Bay as well as photographs taken showing other structures. Dennis McBreen, engineer for the project, said the septic system would only take waters from the sinks and the bathrooms and there would be no other water going into the system. He said the septic system was designed in size and approved by the Health District. McBreen said relative to the oysters, they are washed at the pick-up point prior to being loaded on the barge and the majority of the debris is washed out at the place of harvest. He said the oysters are then brought to shore and if additional washing is needed, that water is picked up and pumped up to irrigate the landscaping around the perimeter of the site and that there is no wash water that is returned to the bay directly. He said all oyster shells are picked up and returned to the place where they were originally picked. McBreen said there is no by-catch returned to the water. Broughton asked that the appeal be denied and believes that the merit of the Board's decision is the same as when the decision was previously made. He said this project has had support in the community, from the Hood Canal Environmental Council and the Suquamish Tribe. Broughton said if there are going to be any type of family aquaculture farms it is critical that they be able to do business in a competitive fashion. Chair Botkin suggested to both parties that a discussion about their concerns may be productive and perhaps could be resolved. He said those discussions could occur off the record where they would not be constrained by the rules that the Board has. He asked if such a discussion did take place and a decision reached they could inform the Board. This matter is continued to September 23, 2002; said matter for decision only. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board: A. Approve Minutes of September 9, 2002. B. Approve Warrant Nos. 3015342 through 3015898 in the amount of $3,925,551.25. Motion carried. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the Interlocal agreement with The City of Oak Harbor (KC-481-02) for cooperative purchasing of goods and services. Net Fiscal Impact: Depends on individual purchases. Source of Funds: Varies by department. Motion carried. B. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract with Miller/Hull Partnership, LLP (KC- 368-02) for architectural and engineering services for the Administration Building. Net Fiscal Impact: $250,000. Source of Funds: Real Estate Excise Tax Fund. Motion carried. C. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract with WA State Department of Information Services (DIS) (KC-461) to allow purchase of Microsoft products at discounted prices negotiated by DIS. Net Fiscal Impact: Cost Savings over retail prices. Source of Funds: Varies by department. Motion carried. D. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract with Key Municipal Finance (KC-470- 02) for the master tax-exempt installment purchase agreement. Net Fiscal Impact: $65,256 in 2002; $54,695 in requested 2003 budget; and $9,200 in requested 2004 budget. Source of Funds: Information Services Fund. Motion carried. E. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract amendment with Leach Mounce Architects (KC-131-02A) for architectural and engineering services for the CenCom Facility. Net Fiscal Impact: $538,057. Source of Funds: CenCom Facility Project Fund. Motion carried. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract with WA State Employment Security Department (KC-255-01B) for Title I-B Dislocated Worker funds and Administrative Cost Pool funds. Net Fiscal Impact: $0. Source of Funds: Workforce Investment Act Federal pass through grant in the amount of $80,398. Motion carried. B. A motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board approve and execute the contract amendment with Jefferson Mental Health Services (KC-334-02A) increasing funding for consumer projects support. Net Fiscal Impact: None – pass through funds in the amount of $69,257. Source of Funds: DSHS Mental Health. Motion carried. 4) PARKS AND RECREATION DEPARTMENT: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Chair Botkin that the Board adopt Resolution No. 158-2002* thereby regarding the Kitsap Public Facilities District's proposed sales tax ballot measure for November 2002. Net Fiscal Impact: $0 - $20,000 depending on voter approval. Source of Funds: GA&O Fund. Motion carried. 5) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Tom McDonald, Quality Tires, addressed the Board with concerns about harassment from the Health District. 6) 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 ratify Resolution No. 157-2002* thereby declaring Golden Ear Days as the annual hearing fundraiser and public awareness project of the Northwest Lions Foundation for sight and hearing in Kitsap County. Motion carried. 7) BOARD OF COMMISSIONER'S COMMENTS: A. Chair Botkin commented on the Budget meeting held on Saturday, September 14, 2002 between the Board and staff. Public meeting adjourned at 12:40 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR "Not Present" JAN ANGEL, COMMISSIONER CHRIS ENDRESEN, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 57 ** See Ordinance Journal Volume No. 11 OTHER MEETINGS ATTENDED BY THE BOARD: 09/16/02 12:00 PM Lunch – Twetens 2:00 PM Administrator's Briefing-BCC Conference Room 09/17/02 9:15 AM KRCC Exec Committee –KC Housing Auth Office, Sil 11:30 AM Internat'l Trade Lunch- Panda Inn, Bremerton 09/18/02 9:00 AM Work Study- Public Works Conf Room – 3rd Floor CA 09/19/02 1:00 PM Law & Justice Design Team Mtg- PW Conf Room, 3rd Fl 2:30 PM Special BCC Ballot Measure Meeting – BCC Chambers 6:00 PM KRCC Working Dinner Meeting-Island Lake Com. Ctr THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE A SPECIAL MEETING ON SEPTEMBER 19, 2002 and THE NEXT MONDAY MEETING WILL BE SEPTEMBER 23, 2002. Visit the County's website at www.kitsapgov.com 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 19, 2002: 2:30) PM Special public hearing to consider a Resolution providing for the submission of a Proposition to the qualified voters of Kitsap County at the November 5, 2002 election, for their approval or rejection, authorizing an increase in the regular property tax levy. SEPTEMBER 23, 2002: 10:00) Resolution proclaiming the weeks of September 23 – October 18, 2002 as Kitsap County Employees United Way Campaign Weeks in Kitsap County. 10:00) A Continuation of a public hearing to consider an Ordinance updating referenced codes and changing application procedures and fees for building permits - Kitsap County Code Chapter 14.04. SEPTEMBER 30, 2002: "5th Monday" – No Public Meeting KITSAP COUNTY COMMISSIONERS MINUTES, SEPTEMBER 16, 2002 Page 273 Page 264