M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS November 20, 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, Acting Clerk of the Board, Rosalie Sadler 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) Adopt Resolution observing World AIDS Day in Kitsap County on December 1, 2000. 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. 194-2000* thereby observing World AIDS Day on December 1, 2000 in Kitsap County. 10:00) Silverdale Chamber of Commerce presentation (Sheriff Boyer). Sheriff Boyer introduced Dianne Russell, Past President Silverdale Chamber, who presented a $100.00 check to the Kitsap County Cadet Explorers for their participation in the Summer Splendor Festival held in August in Central Kitsap. 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. 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 Supplemental Appropriation; further that an Order be executed so stipulating. Motion carried unanimously. Note: The following Open Space applications were joint public hearings between the Kitsap County Board of Commissioners and the Bainbridge Island City Council Members (Christine Nasser, Liz Murray and Jim Llewellen) via telephone. 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the proposed application and said that staff and the Bainbridge Island Planning Commission recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding the deer fence on the site. No further discussion being heard, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by John Jacobi 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 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the proposed application and said that staff and the Bainbridge Island Planning Commission recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding whether the tidelands were included in the application. No further discussion being heard, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Ajax Trust for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the proposed application and said that staff and the Bainbridge Island Planning Commission recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding public access to the site, whether the conservation easement included both parcels, ownership of property to the north, open space reduction percentage, opposition to application, conservation easement on property and eradication of the spartina grass. Vince Mattson said that there was a 50x100 foot area that should be excluded from the regular open space application and included in the exemption because it was part of his driveway. No further discussion, a motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Vincent Mattson for Current Use 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 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the proposed application and said that staff and the Bainbridge Island Planning Commission recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding removal of fish habitat boards as a condition, why this property was placed into open space classification, wetlands/streams on the site and whether livestock could be kept on the site. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Andrew Thomes for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the proposed application and said that staff and the Bainbridge Island Planning Commission recommended conditional approval. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Carlson/Jenkins for Current Use Assessment Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 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, northwest of the Peterson Hill Road and Bergman Road intersection in North Kitsap, Commissioner District No. 1. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the application and recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding the location of the site, whether homes were located on the site and the stream on the parcel. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Robert Endter for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 10:00) H Public hearing to consider an application filed by Bryan Berreth for Current Use Assessment Timberland Open Space on 8.0 acres in one parcel located on the south end of Palomino Drive on Baker Hill in North Kitsap, Commissioner District No. 1. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the application and recommended conditional approval. Discussion was held between the Board, Council Members and staff regarding the 10-40% sloping on the site and whether developments rights were given up. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Bryan Berreth for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. 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. Steve Morse, Bainbridge Island Planning Department, gave a brief summary of the application and recommended conditional approval. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board and the City Council concur with staff's recommendation thereby approving the application filed by Douglas Stranne for Current Use Assessment Timberland Open Space; further that an Order be executed so stipulating. Motion carried unanimously. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board: A. Approve Minutes of November 13, 2000. B. Approve Warrant Nos. 2893137 through 2894383 in the amount of $3,096,235.62. C. Sign Decision on Appeal filed by Julia Metz. Motion carried unanimously. 2) SUPERIOUR COURT : A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and John Clise, Warren VanZee, Susan Adams, Miriam Stumbo, E. Faithe Lester, Robert T. Beattie and Curtis Rideout (KC-501-00) for indemnification and defense of volunteer mediators from claims arising from the Voluntary Mediation Program for the period of January 1, 2001 through December 31, 2001. Motion carried unanimously. 3) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 195-2000* thereby accepting as complete the NW Holly Road Culvert Replacement, CRP #3588. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 196-2000* thereby accepting as complete the Silverdale Vicinity Asphalt Overlay Project, CRP #3590. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Quit Claim Deed between Kitsap County and Mr. & Mrs. John O'Neill for Nevada Street SE, an unopened right-of- way in South Kitsap, Commissioner District No. 2. Motion carried unanimously. 4) PERSONNEL& HUMAN SERVICES DEPARTMENT: 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. 197-2000* thereby recognizing Tuesday, December 12, 2000 as the day to celebrate the 10th Annual Human Rights Day Conference in Kitsap County. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Interlocal agreement between Kitsap County and Department of Social & Health Services-Byrne Grant (KC- 482-00) in the amount of $40,500 for adult court treatment services for the period of April 1, 2001 through June 30, 2001. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Interlocal agreement between Kitsap County and Jefferson County (KC-483-00) not to exceed $9,000 for detoxification services for Jefferson County persons for the period of September 1, 2000 through June 30, 2001. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute contract between Kitsap County and Office of Justice Programs (KC-436-98A) extending the grant period by one year to May 30, 2001 (grant amount of $600,000). Motion carried unanimously. E. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Office on Child Abuse & Neglect (KC-486-00) in the amount of $180,865 for the Take Time School based prevention program for the period of September 30, 1999 through September 30, 2001. Motion carried unanimously. F. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve the Kitsap County Council for Human Rights amended by-laws. Motion carried unanimously. 5) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Robert Dietz addressed the Board with recommendations for multiple use of the Olympic High School swimming pool. B. Vivian Henderson introduced Barbara Sessions who will be serving as the Governmental Affairs representative for the Kitsap County Association of Realtors. 6) 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 Chair Botkin that the Board approve and execute the contract between Kitsap County and Leadership Kitsap Contract (KC-496-00) for Mosquito Fleet Historical Monument Project. Motion carried unanimously. B. 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 Memorandum of Agreement between Kitsap County and The Suquamish Indian Tribe (KC-514-00) regarding cooperative research, analysis and planning for the protection of natural resources located within the Chico Creek Watershed. Motion carried unanimously. C. Commissioner Endresen announced that the Kitsap County's Fire Safety Advisory Committee received a National Safety Award which was presented at FEMA's Project Impact Conference in Washington DC. D. Chair Botkin announced the Smart Growth Conference scheduled for Tuesday, November 28, 2000 at 1:30 PM at the Admiral Theater in Bremerton, WA. E. Recess to executive session on Monday, November 20, 2000 at the hour of 1:30 PM to discussion potential litigation. Executive session began at 1:30 PM and ended at 2:45 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: 11/20/00 12:00 PM Lunch –Twetens 11/20/00 2:00 PM Administrative Meeting-BCC Conf Room 11/21/00 8:00 AM Housing Authority Mtg-Housing Authority Office 11/21/00 10:30 AM KRCC Retreat-Housing Authority Office 11/22/00 9:00 AM Work Study Session-3rd Floor PW Bldg THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE HELD ON NOVEMBER 27, 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 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. 10:00) B Public hearing to consider a Resolution adopting the 2001 Annual Road Construction Program. 10:00) C Public hearing to consider a Resolution adopting the Six-Year Transportation Improvement Program. 10:00) D Public hearing to consider the Fiscal Year 2001 Kitsap County Budget, Property Taxes and Revenues. 10:00) E Public hearing to consider an ordinance adopting the 2000 Edition of the Kitsap County Code, a re-codification which includes reorganizations and revisions to, and repeals of, parts of the 1971 Kitsap County Code, as amended. DECEMBER 11, 2000: 10:00) A Public hearing to consider a franchise application filed by Puget Sound Energy, Inc to construct, operate and maintain electric utility transmission and distribution facilities in, over, along and under Kitsap County roads, highways and rights-of-way. 10:00) B Closed Record hearing to consider an appeal filed by SBA Towers, Inc/Sprint PCS represented by Michael P. Witek of the Hearing Examiner's Decision to grant a Conditional Use Permit for the Sprint PCS Facility – Gorst/Farnham /Victory Drive/Sunnyslope Site to construct and operate a wireless communication facility including a 130 foot monopole along with associated ground equipment on a 750 square feet area on a 10.58 acre parcel zoned Rural Residential located at 3936 Victory Drive SW, in South Kitsap, Commissioner District No. 2. KITSAP COUNTY COMMISSIONERS MINUTES, NOVEMBER 13, 2000 Page 313 Page 304