M I N U T ES KITSAP COUNTY BOARD OF COMMISSIONERS September 23, 2002 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Jan Angel, 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) Employee Service Awards. Congratulations and Certificates of Appreciations were presented to the following employees for their years of service to Kitsap County: Carolyn Siems, Administrative Services; Scott Sampson, Assessor's Office; William Truemper, Juvenile Services; Ronnie L. Graham, Personnel & Human Services; and William Perrin on his retirement from Administrative Services, Information Services Division. 10:00) A Resolution proclaiming the weeks of September 23 – October 18, 2002, as Kitsap County Employees United Way Campaign Weeks in Kitsap County. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 160-2002* thereby proclaiming the weeks of September 23 – October 18, 2002, as Kitsap County Employees United Way Campaign Weeks in Kitsap County. Motion carried unanimously. 10:00) B Continuation of public hearing to consider an Ordinance updating referenced codes and changing application procedures and fees for building permits - Kitsap County Code Chapter 14.04. Dave Tucker, Department of Community Development, gave a brief update of the proposed ordinance from the previous hearing, stating after checking with the Prosecutor's Office, it is not possible to grant a discount or free permit to non-profit agencies. He said relative to the question from the Board as to whether it is possible to integrate into the ordinance language from the Uniform Building Code that states when a permit is required. Tucker said the Uniform Building Code states the permit is required for all structures being built except for eleven exceptions. He said the difference between a commercial building permit and a tenant improvement permit is the tenant improvement permit is normally done for interior remodel or is internal to the building. Tucker said the difference between a final building inspection and a certificate of occupancy is the final inspection determines that the physical building is satisfactory and meets the code and the certificate of occupancy is used as a final check and allows the individual to occupy the building. Discussion was held between the Board and Tucker regarding whether a permit is required for structures under a certain amount of footage, whether the certificate of occupancy and the final inspection are separate processes, when the purchaser could actually move into the house, whether there is a need for both the final inspection and the certificate of occupancy, the approximate time between the two steps, whether there were changes to the draft ordinance of the previous meeting, whether there would be an increase in the county's liability and whether other jurisdictions use the certificate of occupancy. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board enact Ordinance No. 280-2002** thereby updating referenced codes and changing application procedures and fees for building permits - Kitsap County Code Chapter 14.04. Motion carried unanimously. 10:00) C Continuation of a closed record hearing for decision only 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. Renee Beam, Department of Community Development, said as a follow up to the remand hearing held on last week, she has received three additional items; 1) an email regarding a discussion between Dennis McBreen, Jim Hayes and John Day stating that they have resolved two of the issues relative to use of diluted salt water as part of an irrigation system for landscaping; 2) phone call from Jon Day stating that the issues could be worked out; and 3) a letter from Siedler et'al asking that the record be reviewed and that they still object to the structure being built. Beam said she reviewed the original Hearing Examiner's decision and noted that there were 30 conditions placed on the project and should the Board affirm the remand, the applicant would still need to obtain building and site development permits. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board deny the appeal and uphold the Hearing Examiner's Decision. Motion carried unanimously. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board: A. Approve Minutes of September 16 and 19, 2002. B. Approve Warrant Nos. 3016415 through 3017847 in the amount of $4,741,656.45. Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Contract with Myers Biodynamics, Inc (KC-409-02) for geotechnical engineering services for the Administration Building. Net Fiscal Impact: $33,288. Source of Funds: Real Estate Excise Tax Fund. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Endresen that the Board approve and execute the contract with Forks Community Hospital –West End Outreach Services (KC-332-02A) to increase funding for consumer support and the telemedicine program. Net Fiscal Impact: None. Source of Funds: Federal DSHS pass through funding in the amount of $7,975. Motion carried unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract amendment with Peninsula Community Mental Health Center (KC-333-02B) increasing funding for consumer support. Net Fiscal Impact: None – pass through funds in the amount of $82,145. Source of Funds: DSHS Mental Health. Motion carried unanimously. C. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with Olympic Community Action Programs (KC-395-02) to provide services eligible welfare recipients in Clallam and Jefferson Counties during the period of July 1, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: Federal Block grant – no county funds. Motion carried unanimously. D. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the interlocal agreement with the Jamestown S'Klallam Tribe (KC-232-02) to provide improved mental health services to local Native American communities. Net Fiscal Impact: $0-pass through contract in the amount of $7,150. Source of Funds: DSHS Mental Health. Motion carried unanimously. E. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with Olympic Consortium and WA State Employment Security Department (KC-397-02) for dislocated worker and adult programs in Clallam, Jefferson and Kitsap Counties for the period of July 1, 2002 through June 30, 2003. Net Fiscal Impact: $0 – pass through funds in the amount of $1,475,951. Source of Funds: Workforce Investment Act Federal Grant. Motion carried unanimously. 4) PARKS AND RECREATION DEPARTMENT: 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 approve and execute the contract with The Trust for Public Lands (KC-492-02) for the acquisition of the Nick's Lagoon property in Seabeck. Net Fiscal Impact: $6,900. Source of Funds: $648,100 from grants; $6,900 from Impact Fees. Motion carried unanimously. 5) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract amendment with Tetra Tech/KCM Inc (KC-056-02A) for additional engineering services necessary for emergency repair of Taylor Road Bridge. Net Fiscal Impact: $54,952. Source of Funds: Road Funds. Motion carried unanimously. 6) PROSECUTOR'S OFFICE: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve receipt of block grant funds allocated for support of the Kitsap County Prosecutor's Office Special Assault Unit. Net Fiscal Impact: revenue grant in the amount of $106,143. Source of Funds: Bureau of Justice Block Grant. Motion carried unanimously. 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Betty Pilling and Penney Lockhart addressed the Board regarding the Sacajawea's Point of View bicentennial celebration of the Lewis and Clark expedition, hosted by the Off-Reservation Indians of Kitsap County scheduled to open October 1, 2003. B. Michael Fowler questioned the Board about getting additional information on the International Trade Committee and Commissioner's Angel upcoming trip to China. C. Dave Vanderboss, Ferry Advisory Committee, gave a brief update on the recent incarceration of one of the committee members. D. Rex Nelson addressed the Board with concerns about the Ferry Advisory Committee. 8) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 161-2002* thereby appointing Warren Van Zee term ending July 23, 2004 and reappointing Linda Barry-Maraist, Walt Draper and Stephen Stagner terms ending July 24, 2006 to the Public Facilities District. Net Fiscal Impact: N/A. Source of Funds: N/A. 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 Angel that the Board adopt Resolution No. 162-2002* thereby appointing Jo Schaefer as Central Kitsap representative to the Board of Equalization. Net Fiscal Impact: $75 per Diem. Source of Funds: General Admin & Operation Fund. Motion carried unanimously. C. Public comments on Kitsap County's participation in the 2514 Water Resource Inventory Area (WRIA) Planning Process. Doug Scrobur, McCormick Land Company, addressed the Board with concerns about the draft memo that the county is working on and possibly being executed without any dialogue from the signers of the memorandum of understanding. He is concerned about the various people in the group having a different interpretation of what watershed planning means. He believes that the 2514 process is planning from the 30,000-foot level. Vivian Henderson, Kitsap Alliance of Property Owners, is concerned about the WRIA 15 process and said she is the only individual representing the property and water rights interest of all the private property owners on the Kitsap peninsula that are concerned about those rights. She believes the process in Kitsap County has been taken where it was never intended to go. She said WRIA 15 is being used to control and regulate land use and is presently preparing to develop a peninsula- wide watershed plan with the elements of the plan being prioritized. She said of the ten elements listed, land use is the top priority. Henderson said she would like to know which jurisdictions have chosen not to or are no longer participating in the WRIA process and would like this information gathered by an independent third party rather than Kitsap County staff. She believes a presentation on this process should be made to the public. Discussion between the Board members was held regarding a presentation given at the WA Association of Counties meeting in Vancouver, a need for more discussion about the WRIA planning process, land use and water resources. D. Recess to executive session on Wednesday, September 25, 2002 at the hour of 9:00 -10:00AM to discuss personnel issues. 9) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Endresen read for the record a letter received from Brian Sonntag, WA State Auditor's Office relative to the Bremerton/Kitsap County Health District Audit and its 10th consecutive year without findings. Commissioner Endresen also acknowledged that the Kitsap Regional Economic Development Council received the 2002 Innovations Award from the WA State Department of Community, Trade and Economic Development for community and company cooperation. B. Commissioner Angel gave highlights of the Governor's Economic Development Summit. C. Chair Botkin said he has been working with the Silverdale Chamber of Commerce, the Economic Development Council and other agencies to reactivate and set-up a small business development center. Public meeting adjourned at 11:45 AM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR 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: 09/23/02 12:00 PM Lunch – with elected officials @ Twetens 2:00 PM Administrator's Briefing-BCC Conference Room 09/24/02 1:30 PM KRCC Retreat – Poulsbo Library, downstairs 09/25/02 9:00 AM Work Study- Public Works Conf Room – 3rd Floor 10:30 AM Executive Session- Public Works Conf Room – 3rd Floor 12:30 PM KCCHA Meeting – Silverdale 4:30 PM Staff Member Retirement – Long Lake 09/26/02 7:30 AM Meet with Bev Cheney at SKSD 7:00 PM Meet with Suquamish Tribal Council –Tribal Ctr THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE OCTOBER 7, 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) OCTOBER7, 2002: 10:00) A Public hearing to consider a Resolution authorizing the County Treasurer to dispose of surplus, used county vehicles/equipment at public auction. OCTOBER 14, 2002: OCTBER 21, 2002: OCTBER 28, 2002: No Public Meeting (lack of quorum) KITSAP COUNTY COMMISSIONERS MINUTES, SEPTEMBER 23, 2002 Page 286 Page 279