M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS December 9, 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 Acting Deputy Clerk of the Board, Kathy Brown. (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 Recognition of Employee of the Month for December (J. Schneider, Personnel) Congratulations and a Certificate of Appreciation was presented to Jean Schneider, Human Resources Department, on being selected Employee of the Month for December. 10:00) B United Way Annual Campaign Report/Presentation (B. Stephenson, D. Peterson). Barbara Stephenson Executive Director of United Way of Kitsap County thanked the Board of Commissioners for their support of the Annual campaign drive. She recognized Dave Peterson and Doug Washburn as this year's co-chairs along with planning committee members, Kathy Brown, Bobbi Casey, and Lori Freymann. Barbara Stephenson and Dave Peterson presented awards for various categories. Peterson challenged Barbara Stephenson to Chair the campaign for the County next year and she accepted. 10:00) C Public hearing to consider two Supplemental Resolutions increasing the budget of the Parks Capital Improvement Fund in order to receive and expend a transfer from the Park Impact Fees Fund for the purchase of the Coulter Creek Heritage Park property; and a supplemental appropriation increasing the budget of the Conservation Futures Fund in order to receive and expend grants for Nick's Lagoon. Net Fiscal Impact: None. Source of Funds: Park Impact Fees Fund; and to consider a Supplemental Resolution increasing the budget of the Emergency Management Fund and the K-PREP in order to recognize unanticipated revenues and grants. Net Fiscal Impact: None. Source of Funds: US EPA $13,548; FEMA $18,000. 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 adopts Resolution No. 200-2002* thereby increasing the budget of the Parks Capital Improvement Fund in order to receive and expend a transfer from the Park Impact Fees Fund for the purchase of the Coulter Creek Heritage Park property. Motion carried unanimously. 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 adopts Resolution No 201-2002* thereby increasing the budget of the Conservation Futures Fund in order to receive and expend grants for Nick's Lagoon. Motion was carried unanimously. 10:00) D Public hearing to consider an Ordinance relating to Art and amending Chapter 4.98 Kitsap County Code, One Percent For Art Program. Net Fiscal Impact: $0. Source of Funds: N/A. Theresa Cochran, Commissioner's Office, said this amendment allows for staggered terms for Arts Boards members to ensure continuity. Discussion was held, comments called for and hearing no objections, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board enact Ordinance No. 287-2002** relating to Art and amending Chapter 4.98 Kitsap County Code, One Percent For Art Program. Motion carried unanimously. 10:00) E Public hearing to consider an Ordinance regarding the Kitsap County Clerk's Office Courthouse Facilitator Program and amending Kitsap County Code Chapter 4.132 to add a user fee of $10.00 for utilization of Courthouse Facilitator Services. Net Fiscal Impact: $16,000 revenue generated. Source of Funds: Varied. Dave Peterson, Kitsap County Clerk, gave a brief overview of the Courthouse Facilitator Program stating it helps those individuals representing themselves through the court system. He said it is partially funded by a filing fee and his office is asking for an additional $10.00 user fee. Discussion was held, comments called for and hearing no objections, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board enacts Ordinance No. 288-2002** thereby amending Kitsap County Code Chapter 4.132 to add a user fee of $10.00 for utilization of Courthouse Facilitator Services. Motion carried unanimously. 10:00) F Public hearing to consider an Ordinance reducing the speed limit on a portion of SE Southworth Drive in South Kitsap Commissioner District No. 2. Net Fiscal Impact: N/A. Source of Funds: N/A. Dusty Wiley, Public Works Traffic Division, said the area involved on SE Southworth Drive has a lot of pedestrian traffic as well as school children waiting for their buses. He said a study done by the Public Works department recommends changing the speed limit from 40 to 30 miles per hour. Discussion was held, comments called for and hearing no objections, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board enact Ordinance No. 288-2002** thereby reducing the speed limit on a portion of SE Southworth Drive in South Kitsap. Motion carried unanimously. 10:00) G Continuation of the Closed Record Appeal hearing (for decision only) to consider an appeal filed by James Lindsey of the Hearing Examiner's decision to support the Department of Community Development's Code Interpretation dated March 25, 2002. The appellant is contesting an interpretation of specific land use conditions of approval for the creation of the Appletree Point Short Plat. The Department denied the applicant's request to build outside of the designated building envelope and to retain a bulkhead. The project is located in North Kitsap, Commissioner District No. 1. Chair Botkin stated this is a quasi-judicial hearing, testimony has already been taken and this matter is continued for decision only. Commissioner Endresen read the following statement into the record: 1. Mr. Lindsey claims he has non-conforming rights, and he does. The County recognizes that he has non-conforming structures, which may continue in their current condition. The hearing examiner's decision doesn't affect those rights. 2. When Mr. Lindsey sought the short subdivisions of these lots, there were several non- conforming structures located on the property, including 16 cabin homes and other structures that encroached on the ordinary high water mark, into side yards, etc. The 4, 4-lot short plats should probably not have been approved for several reasons. It doesn't look like they met code requirements at the time of approval. On the other hand, it looks as if the County, by approving them subject to the numerous conditions that were imposed, saw that it would be possible, over time, to bring the structures on these lots closer to compliance with code requirements, if not up to full compliance. The HE referred to those conditions as a "concomitant agreement". He was probably using that term as the best one he could find to describe the situation. Regardless, the record reflects that the conditions of approval were worked out between Mr. Lindsey and the County, they were imposed as conditions of the short plat, and they were never appealed. They control development on these lots. Mr. Lindsey can't pick and choose between some short plat conditions and some current code requirements that he thinks are more favorable. (For example, current code would require a 50-foot setback from the high water mark, which he would not want, rather than the 25-foot setback required by the short plat conditions.) 3. Mr. Lindsey states that the conditions were to govern only the building of new residences on the lots. But the conditions include language that says otherwise: "#8 Existing bulkheads must be removed prior to any new construction or issuance of building permits" "#10 All new construction or remodeling shall be located within the building envelope delineated on the plan, or a variance will be required." 4. Concerning the variance issue, Commissioner Angel asked at the hearing whether other properties had received a variance for new construction and remodeling they had done, and staff (Joann) responded that they did not because the work on those properties that was permitted by the County did not require a variance because it was within the building envelope. 5. Mr. Lindsey said that the staff did not supply the HE with the building plans he requested. But building plans show structural details, such as footings, framing, bracing, etc. The HE reviewed the site plans, which showed the lots and the layout of structures on the lots. If the HE had not received the information he needed, he would have asked for further information. He didn't do so. 6. This case originated as a code interpretation from the Department of Community Development, which was then appealed to the Hearing Examiner. In a memo dated October 18, 2002, DCD asked that if the Board decided to uphold the decision of the Hearing Examiner, it do so with modifications that correspond to an amendment the department has made to its code interpretation for Mr. Lindsey. Specifically, that amendment is as follows: Condition #10 to Short Plat #6344 reads: "All new construction or remodeling shall be located within the building envelopes delineated on the plat, or a variance will be required." DCD's Interpretation was that, "Therefore, any type of structure/development must be located within the building envelope as depicted on the short plat." DCD's memo states that there is evidence from building permits submitted to the HE that eaves have been permitted outside the building envelope (24 inch maximum) on other lots within the short plan because they are not on the ground and don't impact the surrounding area. They also note that fences are permitted on the property line. So DCD has asked that the BCC uphold the HE's decision, with the following modification: Condition #10 to Short Plat #6344 means that any type of structure/development must be located within the building envelope as depicted on the short plat, with the exception of eaves (24 inch maximum). Fences are permitted on the property line. Therefore: ? The record contains substantial evidence to support the HE's conclusions and decision. ? There is no evidence in the record that the HE's interpretation or application of the law was in error, with the exception of the one correction that DCD has requested. ? I see nothing in the decision that would violate Mr. Lindsey's rights. ? I move that the Board uphold the HE's decision in this case, with the one modification to the interpretation of Condition #10 to Short Plat #6344 just discussed. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board denies the appeal thereby affirming the Hearing Examiner's decision subject to the following modification: Condition #10 to Short Plat #6344 means that any type of structure/development must be located within the building envelope as depicted on the short plat, with the exception of eaves (24 inch maximum). Fences are permitted on the property line. Motion carried unanimously. 10:00) H Public hearing to consider a Resolution adopting the year 2003 Annual Road Program in accordance with RCW 36.81.130 and WAC 136-16-018. Net Fiscal Impact: $10,642,000. Source of Funds: Federal, State, Impact Fees & Local Funds. Randy Casteel, Director of Public Works, gave an overview of the two items before the Board of Commissioners, the Annual Road Program and the Six-Year Transportation Improvement Program. He said each year staff develops both short and long-range road improvement programs, short range program is the 2003 annual construction program and the long range program is 2003-2008 six year transportation improvement program. Casteel posted a map and highlighted some 36 projects in various phases of development. He asked the Board to adopt the proposed 2003 Annual Road Program. Discussion was held between the Board and Casteel regarding whether the programs were available to the public via the county's web site. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 202-2002* thereby approving the year 2003 Annual Road Program in accordance with RCW 36.81.130 and WAC 136-16- 018. Motion carried unanimously. 10:00) I Public hearing to consider a Resolution adopting the year 2003-2008 Six-Year Transportation Program in accordance with RCW 36.81 and WAC 136-15. Net Fiscal Impact: $70,950,000 over a 6-year period. Source of Funds: Federal, State, Impact Fees & Local Funds. Randy Casteel, Director of Public Works, gave a brief overview of the 2003-2008 Six- Year Transportation Program referencing the posted map to identify various projects throughout the county. He said the total cost is $70,950,000: $10,173,000 from federal grants, $20,358,000 from State funds, $8,417,000 from loans and bond issues, $3,930,000 from impact fees and the remaining $28,073,000 will come from the County's allocation of the State distribution of the gas tax and reserves. Charlotte Garrido said there are many accolades that could be given for the Kitsap County road improvement plan. Vivian Henderson questioned whether this is based on current impact fees. Chair Botkin said the widening of Silverdale Way/Bucklin Hill Road is shown on the "out-years" of the six-year plan noting that the visioning process of the sub-area planning process will affect those decisions. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopts Resolution No. 203-2002* thereby approving the Six Year Transportation Program. Motion carried unanimously. 10:00) J Continuation of the public hearing to consider testimony on the matter of the 2003-2004 Kitsap County Budget, property tax levies, and revenues and possible adoption of certain Resolutions: 1) establishing the 2003-2004 Kitsap County General Levy, the Property Tax Levy Lid Lift for Central Communications, the County Road Fund levy, the Conservation Futures Fund Levy and the Poulsbo Library Capital Facilities District Bond Levy; 2) certifying the Property Tax Levy for 2003; and 3) the Kitsap County 2003-2004 Biennial Budget. Malcolm Fleming, County Administrator, addressed the Board with concerns about the gambling tax and possibly eliminating a staff position in the Coroner's office. Fleming recommends continuing the public hearing for an additional week and asked the Board to adopt the budget using the proposed figures/information in his November 14, 2002 memorandum. He said while it does require significant cuts to various departments it would not require any more from the Coroner's Office or the Law and Justice sector. Dave Peterson, County Clerk, provided updated material showing revenue sources in his department that are higher than anticipated due to operational changes. He also said new information shows that the sales tax revenue in November was higher than anticipated and that although it is not enough to adjust long term budget it is enough to offset cuts previously thought necessary. Discussion was held among the Board regarding posting the information on the County's website, contacting the press and making them aware that there will be cuts to the Human Rights Council and Commission on Children and Youth but they are not being eliminated and encouraging local shopping. Roberta Leonardy said she is aware of the County's budget woes but stated the Youth Commission has been the coordinator, the collaborator and the glue that has pulled together human services for youth in this community for 14 years. She thanked the Commissioners, especially Chair Botkin, for his strong support of youth. Mia Clark asked the Board's support of the Human Rights Council because it stands for peace and harmony and felt it would make Kitsap County will be a better place. Melinda Harmon, Commission on Children and Youth chair, highlighted the past year's accomplishments and other areas that the Commission is involved in. She thanked the Board for all its support. Dick Goff, President of the Bainbridge Island/North Kitsap Interfaith Council submitted information to the Board in support of the Human Rights Council. He commented that the Council is made up of nineteen local churches and congregations representing several thousand people. Larry Eyer, Director of Kitsap Community Resources, said to cut the Commission on Children and Youth/Youth Volunteer Corps by 20% this year and eliminate it in 2004, is shortsighted and believes the human services budget is taking a disproportionate cut. He asked the Board to reconsider this item. Echo Keogh, Coordinator of the Youth Volunteer Corps, related an individual success story emphasizing the cost effectiveness of this program. Deb Howard, Vice-Chair for the Commission on Children, said the Commission is able to bring dollars into the community noting $100,000 in 2002 and a $10,000/yr grant from the Governor. She said the Commission is not stagnant and it continues to look for more funding. Charlotte Garrido said the budget process is difficult and is hard for the average person to even know what to ask for. She said it would be helpful to post the budget on the County's website showing the proposed budget as well as past year budgets. Garrido also had concerns about Howe Farm re-roofing project, the county's strategic planning model used in the past and the Commission on Children and Youth. James Robinson, Kitsap Regional Economic Development Council, thanked the Board for its support of the KREDC in 2002 of $90,000 and with the decision so support them with $85,000 in 2003. He felt the County's investment is just that, an investment not a contribution. Tom Donnelly, South Kitsap resident, asked for another levy to lift the property tax lid in order to increase funding for programs that would help keep kids out of jail. He suggested using the theme of keeping kids out of jail as a way to promote the ballot issue. Discussion was held among the Board regarding this being the first time there were significant budget cuts that peaked citizens involvement, Kitsap County being in a better position than most other counties, prioritizing the cuts in case there is additional revenue, the quality of life in the County, the Youth Volunteer Corps and Teen Advisory Council programs, this year's budget being a painful process, the on-going budget process being reviewed from month to month, an attempt to bring in additional revenue to the County, review of alternative methods for funding, the County continuing to look for local matches, local seed money, grant money matches and review of the Restorative Justice program. No further discussion being heard, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that this matter be continued to December 16, 2002 for possible additional testimony and decision. The motion carried unanimously. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board: A. Approve Minutes of November 25, 2002. B. Approve Warrant Nos. 3029414 through 3030310 in the amount of $3,193,600.07. Motion carried unanimously. 2) AUDITOR'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 204-2002* thereby increasing the change fund for the Kitsap County District Court. Net Fiscal Impact: None. Source of Funds: General Fund. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 205-2002* thereby voiding all outstanding salary warrants from January 1, 2001 through December 31, 2001. Net Fiscal Impact: $391.65 to General Fund and Junior Districts. Source of Funds: Various. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 206-2002* thereby decreasing the change funds for the Kitsap County Department of Community Development. Net Fiscal Impact: None. Source of Funds: General Fund. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the Interlocal agreement with Central Kitsap School District (KC-464-02) to implement a Teen Mentor Program for the period of September 16, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: State Revenue Contract with the Division of Alcohol & Substance Abuse in the amount of $14,000. Motion carried unanimously. 4) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes Cooperative Purchasing agreement with the Port of Seattle acknowledging the parties' mutual interest to jointly bid the acquisition of goods and services where possible in order to take advantage of cost savings. Net Fiscal Impact: $0. Source of Funds: Varies by department. Motion carried unanimously. 5) PARKS AND RECREATION: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopts Resolution No. 207-2002* thereby approving the Banner Forest Management Plan to guide future planning and development at the Banner Forest County Park. Net Fiscal Impact: $0. Source of Funds: N/A. Motion carried unanimously. Joseph Coppo, Charlotte Garrido, Patty Wyble-Crouch, Rex Nelson, Tom Donnelly and Chris Smith spoke in support of the management plan. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Rod Reid commented on the Comprehensive Plan Amendment process stating it should include Mineral Resources issues because he didn't want the door closed on this type of issue. B. William Palmer, Land Use Planning Consultant representing clients interested in the Comprehensive Plan stated they have concerns about the specific language in Section 5 and favors last year's language. C. Ron Ross encouraged the Board to postpone adoption of the comprehensive plan amendment resolution. He is concerned about the urban reserve land and urban growth areas not being addressed. He also recommended postponing a vote on the proposed ordinance changing the fee schedule scheduled for the December 16, 2002 public hearing agenda. He felt these changes affected the development community and should not be acted on at this time. 7) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 208-2002* thereby approving the tax refund for Kent Lauderback and Jacqueline Brinker. Net Fiscal Impact: $268.29. Source of Funds: Property Tax General Fund. 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 Endresen that the Board adopts Resolution No. 209-2002* thereby appointing Michael Tucker and reappointing Judy Matchett to the Open Space Parks and Greenways Advisory Council to serve 3-year terms ending August 12, 2005. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 210-2002* thereby revising the terms of service for current Arts Board Members. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. D. Resolution providing for review and possible amendment of the Kitsap County Comprehensive Plan. Net Fiscal Impact: $35,000 budgeted ¾ FTE for 6 months of existing staff time. Source of Funds: General Fund and Application Fees. Darryl Piercy, Assistant Director of Department of Community Development, said the proposed resolution would establish the initial docket for review and possible amendment to the Kitsap County Comprehensive Plan. He notes that the elements of the process are clearly outlined in the resolution, the fee structure is identical to that used in the first amendment process and believes those fees reflect the amount of time that is spent in regards to the types of application mentioned in the resolution. Piercy said the exclusions contained in Section 5 would not prohibit anyone from seeking mineral resource overlays. Relative to Palmer's comments, Piercy said results of the 2022 population allocation would be coming forward in 2003 and staff would be taking a much broader look at the overall UGA boundaries. He said there would be an opportunity in the 2004 cycle to address those on an "as needed" basis. Relative to comments made by Ross, Piercy explains that as the County receives the new 2022 population allocation numbers, those areas would be reviewed and considered the first areas for urban reserve. Discussion was held among the Board regarding there being no reason to delay adoption of the resolution since it this is not the major review of the Comprehensive Plan, no problem with adding the wording the Board will look at mineral resources, Section 5 of the resolution, site specific amendments, this being the work plan for long range planning and specification of out lying growth areas. E. Recess to executive session at the hour of 1:00 PM to discuss personnel issues. The executive session began at 1:00 PM and ended at 2:00 PM. 8) BOARD OF COMMISSIONER'S COMMENTS: A. Chair Botkin recognized Commissioner elect Patty Lent who briefly stated that she looks forward to serving and being part of the process. Chair Botkin also said he attended Human Rights Council conference last week. B. Commissioner Endresen said she had lunch with Senator Patty Murray last week. She also met with Admiral Herring and signed the second commitment of the Shorelink Program, which allows Navy personnel to have seamless transit from Kitsap County to Everett. C. Commissioner Angel said she met with Congressman Norm Dicks and Mayor Carey Bozeman to discuss things that could be done for Kitsap County. Public meeting adjourned at 12:50 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR CHRIS ENDRESEN, COMMISSIONER JAN ANGEL, 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: 12/9/02 12:00 PM Lunch –Twetens (Employee of the Month, J. Schneider) 1:00 PM Executive Session - BCC Conf Room 2:00 PM Administrator's Briefing-BCC Conference Room 12/10/02 7:00 AM Red Cross Breakfast – Kitsap Golf & Country Club 12/11/02 9:00 AM Work Study Session – PW Conf Room, 3rd floor 12:00 PM Farewell Luncheon for Staff - LAST NEXT MEETING OF THE YEAR - DECEMBER 16, 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) DECEMBER 16, 2002: 10:00) A Public hearing to consider a Franchise Agreement for Puget Sound Energy to construct, operate and maintain electric utility transmission and distribution facilities in Kitsap County rights-of-way. Net Fiscal Impact: N/A. Source of Funds: Puget Sound Energy. 10:00) B Public hearing to consider an Ordinance transferring permit review authority from the Director of Public Works and County Engineer to the Director of Community Development. Net Fiscal Impact: None. Source of Funds: General and Road Funds. 10:00) C Public hearing to consider an Ordinance changing fees for applications and permits administered by the Assessor's Office, Department of Community and the Department of Public Works. Net Fiscal Impact: $270,000. Source of Funds: General and Road Funds. 10:00) D Public hearing to consider an Ordinance relating to Zoning and amending Title 17 Kitsap County Code pertaining to the storage of junk motor vehicles on private property. Net Fiscal Impact: $0. Source of Funds: N/A. KITSAP COUNTY COMMISSIONERS MINUTES, DECEMBER 09, 2002 Page 373 Page 361