M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS November 13, 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. (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) Resolution proclaiming Wednesday, November 15, 2000 as America Recycles Day in Kitsap County. 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. 189-2000* thereby proclaiming Wednesday, November 15, 2000 as America Recycles Day in Kitsap County. Congratulations and Certificates of Appreciation were also presented to the following students for their participation in the America Recycles Day Poster Contest: Thomas Burnett, Terra Callaway, Alena Harris, Addy Jordan, Matthew Collins, Kelly Elevado, Elizabeth Johnson, Rico Jose, Jason Palacio, Santisha Holler, Kayla Keohi, Megan Friedel, Caitlin Gray, Kendra Spears, Emily Busek, Ericka Doremus, Michael McCord, Heidi Shanks, Liz Sheldon, Arkadia Cummings, Lindsay Miller, Brian Yaptinchay, Kenneth Murphey and Katy Wilson. 10:00) A Public hearing to consider an application filed by Glen & Thelma Hemerick for Current Use Assessment Open Space on approximately 7.5 acres located at 15871 Peacock Hill Road in South Kitsap, Commissioner District No. 2. Karanne Gonzales, Department of Community Development, gave a brief overview of the proposed site and said that staff and the Kitsap County Planning Commission recommended conditional approval. 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 concur with staff's recommendation thereby approving the application filed by Glen & Thelma Hemerick for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried. 10:00) B Public hearing to consider an application filed by Stanley & Mary Jones for Current Use Assessment Timberland Open Space on approximately 10 acres located on the northeast corner at the intersection of Long Lake Road and Salmonberry Road SE in South Kitsap, Commissioner District No. 2. Karanne Gonzales, Department of Community Development, gave a brief overview of the proposed site and said that staff and the Kitsap County Planning Commission recommended conditional approval. 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 concur with staff's recommendation thereby approving the application filed by Stanley & Mary Jones for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried. 10:00) C Public hearing to consider an application filed by James Wozleck for Current Use Assessment Timberland Open Space on approximately 5 acres located at 6447 Beaver Creek Road in South Kitsap, Commissioner District No. 2. Karanne Gonzales, Department of Community Development, gave a brief overview of the proposed site and said that staff and the Kitsap County Planning Commission recommended conditional approval. 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 concur with staff's recommendation thereby approving the application filed by James Wozleck for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried. 10:00) D Public hearing to consider an application filed by James Wozleck for Current Use Assessment Open Space on approximately 5.11 acres located at 6447 Beaver Creek Road in South Kitsap, Commissioner District No. 2. Karanne Gonzales, Department of Community Development, gave a brief overview of the proposed site and said that staff and the Kitsap County Planning Commission recommended conditional approval. 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 concur with staff's recommendation thereby approving the application filed by James Wozleck for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried. 10:00) E Continuation of a Closed Record hearing (for decision only) to consider an Appeal filed by Julia Metz of the Hearing Examiner's Decision to deny the following: 1) Metz's appeal of Determination of Non Significance (DNS) on property owned by Jacqueline McCollum; 2) Metz's appeal of Site Development Activity Permit (SDAP) on property owned by Jacqueline McCollum; and 3) The Julia Metz/Mary O'Keefe, Land Metz, Melvin Steffan, Carolaine Steffan, Dan Kingrey, Larry Tennant, Robert Metz, Verne Christopher, Melinda VanRevenage, Joan Landson, Ernest McCloud, Sally McCloud, Charles Brown, Gary Parypa, Michael Saathoff joint appeal of Timber Harvest Permit (Jacqueline McCollum property) in Central Kitsap, Commissioner District No. 3. Commissioner Garrido said that this was a Closed Record Appeal and that the Board was only authorized to review errors if any, that the Hearing Examiner may have made in his determination. At the previous hearing before the Board, Commissioner Garrido said that the appellant had indicated that the wetland had not been considered by the Hearing Examiner during his Findings of Fact, however on review of Exhibit 36 (a memo from Joanne Bartlett, Wiltermood Associates) stated that she had observed several wetlands on the property, described them and the impacts to the various wetlands due to any alterations. Commissioner Garrido said that the appellant also argued that she had requested additional time in order to consult with a wetlands biologist but her request had been denied, however on review of Exhibit 76 (a memo from Teresa Fox, Clerk of the Hearing Examiner) indicated that the second extension had been denied by the Hearing Examiner and that a memo dated August 21, 2000 affirmed that the Examiner had left the record open for 10 days allowing for submittal of additional evidence and that there would be no extension of time allowed . Commissioner Garrido further said that the appellant argued that the property had never been sub-divided, however on review of Exhibit 6 (staff report, page 5) it was determined that the parcel was segregated by survey recorded July 13, 1981 as shown in Exhibit 1 which was in the file. Concluding, Commissioner Garrido said that the Hearing Examiner had considered the appellant's arguments, the appellant's concerns had been thoroughly analyzed and they were outlined in the Hearing Examiner's Decision (page 9, #6). Discussion was held among the Board members regarding whether the wetlands had been considered in the application, request for additional time by the appellant, whether the land had been sub-divided and wetland criteria. A motion was made by Chair Botkin and seconded by Commissioner Garrido that the Board affirm the Hearing Examiner's Decision thereby denying the Appeal. Motion carried. 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 November 6, 2000. B. Approve Warrant Nos. 2892027 through 2893136 in the amount of $2,361,221.31. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Application For WRIT of Mandamus and Sealed File filed by Sydney G. Calliham. Motion carried. 2) JUVENILE SERVICES DEPARTMENT: 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 Kitsap Mental Health Services (KC-090-99C) in the amount of $36,000 to provide Functional Family Therapy to youth on community supervision with the Juvenile Department for the period of September 1, 2000 to August 31, 2001. Motion carried. 3) DEPARTMENT OF PARKS & RECREATION: 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. 190- 2000* thereby re-appointing Mary Bertrand, representing Central Kitsap County, Tom Donnelly, representing South Kitsap County and Jolene Palmer, representing North Kitsap County to the Kitsap County Open Space, Parks and Greenways Advisory Committee for terms ending August 12, 2003. Motion carried. B. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the contract between Kitsap County and Stan Palmer Construction (KC-492-00) in the amount of $35,850 + WSST for installation of a new bridge over Boyce Creek in the Guillemot Cove Nature Preserve. Motion carried. 4) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board ratify interlocal agreement between Kitsap County and The City of Port Orchard (KC-493-00) not to exceed $500 to acquire funding to construct sanitary sewerage systems for the Gorst Area. Motion carried. B. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No.191-2000* thereby accepting as complete the Barker Creek Culvert Replacement on NW Barker Creek Road, CRP #3584. Motion carried. C. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 192-2000* thereby accepting as complete the Newberry Hill Road Phase I Widening, CRP #3574. Motion carried. D. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board adopt Resolution No. 193-2000* thereby accepting as complete the West First Street NE Widening and Reconstruction Project, CRP #1529. Motion carried. E. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the turn-back agreement between Kitsap County and Washington State Department of Transportation (KC-480-00) to deed back portions of right-of-way as described in Exhibit A upon completion of the improvements to SR 307 at Stottlemeyer, Gunderson and Rova Roads. Motion carried. 5) PERSONNEL& HUMAN SERVICES DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board approve and execute the Collective Bargaining agreement amendment between Kitsap County and Operating Engineers, Local 302, Teamsters, Local 589, IAM & AW, District 160, Local 282 and Laborers Union, Local 252 (collectively known as the "Council") (KC-474-00A) amending Article II, Section F-3-Insurance effective January 1, 2001 through December 31, 2002. Motion carried. B. 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 and execute the contract amendment between Kitsap County and Virginia Mason/Group Health Alliance (KC-235-98A) to renew the Group Medical Coverage Agreement for Groups 56098, 57666 and 56099 for the period of January 1, 2000 through December 31, 2000, for Chair's signature. Motion carried. C. 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 Kitsap County Superior Court and Office & Professional Employee International Union, Local 11, AFL-CIO (KC-237-99C) modifying Article 14, Health and Welfare Benefits, Page 12, effective January 01, 2001. Motion carried. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) 7) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Contract between Kitsap County and Leadership Kitsap Contract (KC-496-00) for Mosquito Fleet Historical Monument Project. THIS MATTER CONTINUED TO NOVEMBER 20, 2000. B. Recess to executive session on Monday, November 13, 2000 at the hour of 1:30 PM to discuss potential litigation. The executive session began at 1:30 PM and ended at 2:00 PM. C. Commissioner Garrido announced the Banner Forest Celebration/Dedication, November 16, 2000 at 4:00 PM at the Olalla Community Club in Olalla, WA. She also mentioned that she attended the 10-year Celebration of Growth Management for local counties and said that Kitsap County received a Certificate of Achievement for public participation based on improvement in overall planning. 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: 11/13/00 12:00 PM Lunch –Twetens 11/13/00 2:00 PM Administrative Meeting-BCC Conf Room 11/14/00 1:45 PM KRCC Transportation Policy Mtg-Housing Auth Ofc 11/14/00 2:00 PM ESA Meeting-BCC Conf Room 11/14/00 4:30 PM Human Rights Council – Parks & Rec Office 11/15/00 2:00 PM Transit Board Meeting-Transit Office 11/16/00 4:00 PM Banner Forest Celebration-Olalla Community Ctr. THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE HELD ON NOVEMBER 20, 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). THE BOARD OF COMMISSIONERS' PUBLIC MEETINGS AND PUBLIC HEARINGS ARE AUDIO AND VIDEO TAPED. UPCOMING TIMED AGENDA ITEMS: (PLEASE NOTE: These dates and times are tentative and subject to change) NOVEMBER 20, 2000: 10:00) A Public hearing to consider a Supplemental Appropriation increasing the budget of the General Fund by $13,000 in order to appropriate both the revenue and expenditures associated with an interlocal agreement with Puget Sound Clean Air Agency and increasing the budget of the Community Service Fund by $50,600 in order to appropriate both the revenue and expenditures associated with an interagency agreement with the State of Washington Department of Ecology. 10:00) B Public hearing to consider an application filed by John Jacobi for Current Use Assessment Open Space on approximately 3 acres and retaining Open space classification on 3.04 acres located to the west of Battle Point Drive approximately one quarter mile south of Battle Point Park in North Kitsap, Commissioner District No. 1. 10:00) C Public hearing to consider an application filed by Ajax Trust for Current Use Assessment Open Space on approximately 9.5 acres located approximately one-half mile south of Fay Bainbridge State Park and to the east of Sunrise Drive in North Kitsap, Commissioner District No. 1. 10:00) D Public hearing to consider an application filed by Vincent Mattson for Current Use Assessment Open Space on approximately 5.5 acres located on Murden Cove at the end of Green Spot Place in North Kitsap, Commissioner District No. 1. 10:00) E Public hearing to consider an application filed by Andrew Thomes for Current Use Assessment Open Space on approximately 1.5 acres located on Fletcher Bay Road approximately one quarter mile south of the High School Road and Fletcher Bay Road intersection in North Kitsap, Commissioner District No. 1. 10:00) F Public hearing to consider an application filed by Carlson/Jenkins for Current Use Assessment Timberland Open on 19.56 acres in four parcels located to the north and south of Arrowpoint Drive and west of Miller Road in North Kitsap, Commissioner District No. 1. 10:00) G Public hearing to consider an application filed by Robert Endter for Current Use Assessment Timberland Open Space on 10 acres in one parcel located on the north of Bergman Road, northeast of the Peterson Hill Road and Bergman Road intersection in North Kitsap, Commissioner District No. 1. 10:00) H Public hearing to consider an application filed by Bryan Berreth for Current Use Assessment Timberland Open Space on 9.0 acres in one parcel located on the south end of Palomino Drive on Baker Hill in North Kitsap, Commissioner District No. 1. 10:00) I Public hearing to consider an application filed by Douglas Stranne for Current Use Assessment Timberland Open Space on 9.5 acres in two parcels located north of Hidden Cove Road and west of Hwy 305 in North Kitsap, Commissioner District No. 1. NOVEMBER 27, 2000: 10:00) A Public hearing to consider the Kitsap County Planning Commission's recommendation that the Commissioners adopt an ordinance amending Kitsap County's Comprehensive Plan to comply with the Growth Management Act, Chapter 36.70A RCW, by including within the transportation element of the plan, detail regarding state owned transportation facilities. These amendments are intended to clarify and distinguish responsibilities for monitoring transportation system performance and addressing system needs and deficiencies. DECEMBER 4, 2000: 10:00) A Public hearing to consider the Kitsap County Planning Commission's recommendation on the ordinance adopting Design Standards for the Community of Kingston and amending the Kitsap County Zoning Ordinance, Title 17 Kitsap County Code. KITSAP COUNTY COMMISSIONERS MINUTES, NOVEMBER 13, 2000 Page 303 Page 295