M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS December 10, 2001 The Board of Commissioners met on the above-stated date. Present were Chair Chris Endresen, Commissioner Tim Botkin, Commissioner Jan Angel, 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 the Pledge of Allegiance. 10:00) A Recognition of service award for Jim Carlson, Kitsap County Fair Advisory Board. Congratulations and a Plaque of Appreciation was presented to Jim Carlson for his years of volunteer service to the Kitsap County Fair Advisory Board. 10:00) B Public hearing to consider an amendment to Title 7 of the Kitsap County Code and Ordinance 127-A 1999 (Relating to animal control and increasing fees and penalties). Net Fiscal Impact: Unknown. Source of Funds: Unknown. Kathryn Portteus, Prosecutor's Office, gave a brief overview of the proposed ordinance stating that it had been amending in 1999, changes were made and it was brought before the Board of Commissioner again in August of 2001. She said on suggestion from the community, a Board of Commissioners formed a work-study group from interested citizens to work on revising this ordinance. Portteus said a revised draft of the ordinance was submitted in April of 2001 and she along with the Humane Society reviewed the draft for enforceability. She said changes were made since then but worked with the group to come up with a draft ordinance that hopefully meets everyone needs. Portteus said some suggestions to the recent draft includes adding game birds and water fowl to the definition of livestock (Section 7.04.020 (22), change the wording in the ordinance to read enthusiasts shall be licensed annually or within 30 calendar days of when the number of cats and/or dogs maintained at the same place or residence exceeds four adult cats and/or four adult dogs. (Section 7.08.065), use of the term marsupials instead of wallaby (Section 7.14.010 (9) and correcting a error of deletion by adding in the exception for license trapper. Nancy Lanning, Kindred Spirits, said a lot of the language changes refer to the intent of the law instead of specific implementation details. She said the group discussions included animal waste removal in a sanitary, safe and helpful manner, broadened the enforceability to go beyond specifically cat and dog species because there were other animals kept as pets, clarified definitions, removed conflicting terminology, difference between pet versus livestock, addressed enforceability issues, added the number of crimes and infractions, new areas to the ordinance was added relative to the having a third party to hear the complaints/appeals (potentially dangerous animals) instead of the same party that enforced the ordinance and the difference between enthusiasts and hobby breeders and the conventional commercial pet facility for large volume breeding. Discussion was held regarding the definition of juvenile and adult dogs and cats, at large leash law, possible addition of staff to handle staggered licensing and the overall the licensing procedure. Winton Reid, Kitsap County Humane Society, said the this ordinance was viewed two-fold, first to improve enforcement of the existing ordinance and its provisions and in a broad perspective to protect the public interest, people and animals equally. He said each item in the ordinance is responded to based on complaints and it is not intended that there will be patrols specifically looking for an incidents. He felt this ordinance was a better version of the one in 1999 and felt it gave greater protection to the public. Reid said the staggered license requirement is proposed jointly by the Humane Society and the Auditor's Office in an effort to implement a system similar to vehicle licensing. He believed it would be more efficient for issuance and renewals. Jerry Darnall addressed the Board with concerns about the wallaby definition, adequate animal shelters, on-going adequate shelter for agriculture purposes, whether animal control officers were trained to inspect commercial pet facilities, requiring control officers to have continuous training and whether a system was in place to scan for micro chips. Cheryl Obert addressed the Board with concerns about regulations affecting individuals who rescue animals, the environmental impact relative to the number of animals that are kept by rescuers, rural regulations versus city regulation and possible cap on the licensing fees. Jeanne Monroe addressed the Board with concerns about the difference between owning an independent pet store facility versus a commercial facility, veterinary assistance to animals, whether the ordinance should reference medical assistance to animals, consideration of replacing the word "owner with keeper" and the difference between show breeder and hobby breeder. Ron Ross suggested that the rural animals should be left out of the ordinance and questioned what constitutes a juvenile animal. He also questioned whether this ordinance was really one of the most important things that the county should be dealing with. Billie Eder said that committee had been working on these revisions for over a year and believed this matter was important. Stephanie Stebbens addressed the Board with concerns about the types of animals that should be immunized from disease, ambiguous statements in the ordinance, medical assistance for sick animals, intrusive information relative to collecting sale information from a previous pet/animal owner, definition of commercial pet facility and how this ordinance affected individual pet stores. Donna Rinehart said she needed a chance to review this ordinance and was concerned about feral cat protection. Carrie Samuels addressed the Board with concerns about the cost of spaying and neutering animals and how the ordinance affected animal rescuers. Discussion was held regarding a countywide leash law, whether this ordinance was important, animal welfare organizations, logistical change in ordinance relative to pet stores, groomers and boarding kennels and whether the Board could adopt the portion of the ordinance dealing with staggered licensing. Chair Endresen said the record on this matter would be left open for individuals to submit written comments and the Board will continue the public hearing to January 14, 2002. 10:00) C Public hearing to consider testimony on the matter of the 2002 Kitsap County Budget, Property Tax Levies and Revenues. Net Fiscal Impact: N/A. Source of Funds: N/A William Nogle, Department of Administrative Services, gave a brief overview of the proposed property tax levy stating that the County is one of many taxing entities in Kitsap County that included the current expense fund, the road fund the conservation futures levy and a new one for next year is the lid lift as approved by the voters in November for the purpose of constructing a new Central Communication 911 facility. He said current expense and road fund levy rates were small increases and the passage of I-747 by the voters limited the levy increase for the road fund, general fund and the current expense fund to 1% as opposed to the 6% that was possible in past years. He said the reference to the implicit price deflator that has been case for past few years was the result of referendum 47 and there is now a limit of 1% and that is what these levies are based on. Matt Ryan – Passed John Norris addressed the Board with concerns about the County's operating budget in that it has increased over the last five years, possibly making cuts to the operating budget, why the economic development council budget should increased, whether all of the line item departments were necessary, whether possible loss of grant funding affected the budget and the county's reserve fund. Norris said he did not like the trend in the operating budget going up every year. Larry Bertholf, Sheriff's Office-Corrections Division, said for many years this division had operated as the lowest officer ratio per citizens in the State of Washington and the Pacific Northwest. He had concerns about the un-funded mandates and inmate medical services. Bertholf requested the Board to increase line item 5418 to $332,000 for the year 2002 that was approximately a $40,000 increase. Scott Henden addressed the Board with concerns about the shortfall in overall the budget and that perhaps now was the time to cut back on spending. He asked the Board not to adopt the budget but have a further review on the issues. Henden said receiving the budget book earlier than the end of August would be helpful and also making the tables in the budget book consistent. Robert Schneidler, Admiral Theater Foundation, said he believed the County should continue to support the Admiral Theater just as it supports other worthwhile public programs and facilities. He suggested that the Board approve the Foundation's request for 50% of the entire hotel-motel tax that amounted to approximately $90,000. Ron Ross said he would like to see the Board deal only with the priorities of the budget and asked the Board to help the citizens resist the burden of un-funded mandates. Steve Boyer, Kitsap County Sheriff, said he lends his support as well for un-funded mandates and there were many in his department that he would not like to pay for. He the Sheriff's Office is an agency in transition and is focusing on prevention and incorporating good business practices. Sheriff Boyer requested funding for two positions, a property evidence officer and an accounts clerk. He said he was looking for ways to save money but also to provide a safe community. Karen Flynn, Kitsap County Auditor, addressed the Board with concerns about having a $30,000 budget cut reinstated relative to the election division for improvements to the election process. Winton Reid, Kitsap County Humane Society, said this year's budget request for animal control services represents a modest increase over last year that was entirely in wage and benefit package negotiated with local teamsters and did not apply to administrative increases or any overhead involving animal control. Discussion was held regarding request for additional funding, request to cut back on funding, Kitsap County being more fortunate than other counties in that it has a reserve, promising real estate sales, budget increases includes new jail facility and new juvenile services personnel, most of the increases being in the law and justice departments, health insurance increases, the sales tax revenue since September 11, 2001 and request for additional personnel. Chair Endresen said the Board would vote on the final budget December 17, 2001. 10:00) D Public hearing to consider a proposed Ordinance that revises the Kitsap County Commissioner districts in accordance with state law and 2000 census information. Net Fiscal Impact: $8,787 ($5,787 postage and printing + $3,000 overtime) in 2002 to notify voters of changes. $8,787 in 2002 to notify voters of changes, plus costs that were already absorbed in the 2001 budget to develop the redistricting plans. Source of Funds: Budgeted in 2001 and 2002 General Fund. Dolores Gilmore, Auditor's Election Division, gave a brief overview of the proposed ordinance stating that there are two proposals regarding the redistricting boundaries for County Commissioners as required by law and that both proposals were on the county's web page. She said proposal #1 looked at how the fewest number of voters could be moved and still accomplish the goals of balancing the population growth. In proposal #2, she said staff kept the boundary between the Central Kitsap and the South Kitsap district area the same as in proposal #1. She said both proposals met state requirements for redistricting and balanced the population. Gilmore said proposal #1 changes approximately 6,100 registered voters and proposals #2 changes approximately 14,700 registered voters. She said proposal #2 more evenly balances the totaled number of registered voters than proposal #1. Discussion whether one proposal more closely coincide with school districts than the other and the statute requirement. Matt Ryan, Brownsville resident, said he would like his area (Gilberton) to be returned to the Central Kitsap Commissioner district and that that boundary more closely coincides with the Central Kitsap school district. John Norris questioned whether this matter could be delayed until after the charter government process was determined. Discussion was held regarding whether what would happen if the County did not rule on this matter and whether notification to the voters can be delayed. Chair Endresen said the record would be left open for written comments until Friday, December 14, 2001 with decision only on December 17, 2001. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board: A. Approve Minutes of December 3, 2001. B. Approve Warrant Nos. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Claim for Damages filed by Thomas S. Olmstead on behalf of Otis Robinson and 2) Claim for Damages filed by Randy W. Saunders on behalf of Qwest. D. Adopt Formal Remand Decision on the application for American Tower Management, Inc for the appeal of a Conditional Use Permit known as "Idablick/Twelve Trees Business Park PCS Site." Motion carried unanimously. 2) DEPARTMENT OF PERSONNEL & HUMAN SERVICES: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 223-2001* thereby transferring legal title of four vehicles to mental health contracting agencies that are the registered owners. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. B. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 224-2001* thereby reclassifying a position in the Clerk's Office. Net Fiscal Impact: Approximately $2,282 for 2001. Source of Funds: It is anticipated that the costs will come from within the existing Clerk's Office budget. Additional budget appropriation not requested at this time. Motion carried unanimously. 3) DEPARTMENT OF PUBLIC WORKS: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract amendment with Dirt & Aggregate Interchange Inc (KC-377-01A) for installation of approximately 3535 lineal feet guardrail at 11 locations throughout Kitsap County. Net Fiscal Impact: $103,487. Source of Funds: County Road Fund. Motion carried unanimously. B. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the Tax-Title Land Petition submitted by Kenneth Priddis for the sale of tax-title land located off of Cedar Lane NW outside the city limits of Poulsbo and directing the County Treasurer to offer the subject property for sale at public auction as prescribed by law. Net Fiscal Impact: N/A. Source of Funds: $400 application fee plus $2000 minimum bid. Motion carried unanimously. C. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract amendment with Public Works Board Dept of Community, Trade and Economic Development (KC- 117-01A) adding an additional 12 months to the Public Works Trust Fund Loan agreement for the construction of a bridge over Little Anderson Creek at NW Anderson Hill Road. Net Fiscal Impact: $0. Source of Funds: County Road Construction Fund. Motion carried unanimously. 4) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract with D.L. Henricksen Co. (KC-462-01) for finishes on the Kitsap County Jail Expansion and Renovation project, Bid Package 4.3A. Net Fiscal Impact: $1,034,594. Source of Funds: Jail Construction Fund. Motion carried unanimously. B. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract with Nuprecon, Inc (KC- 468-01) for selective demolition work for the Kitsap County Jail Expansion and Renovation project, Bid Package 4.3A. Net Fiscal Impact: $189,786. Source of Funds: Jail Construction Fund. Motion carried unanimously. C. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approve and execute the contract with CHG Building Systems Construction (KC-466-01) for metals for the Kitsap County Jail Expansion and Renovation project, Bid Package 4.2. Net Fiscal Impact: $735,795. Source of Funds: Jail Construction Fund. Motion carried unanimously. 5) DEPARTMENT OF JUVENILE SERVICES: A. A motion was made by Commissioner Botkin and seconded by Commissioner Angel that the Board approves and execute the contract amendment with The State of Washington (KC-426-00A) to provide funds to enhance the Court Appointed Special Advocate/Guardian ad Litem CASA/GAL program at Juvenile Court. Net Fiscal Impact: $80,796. Source of Funds: Included in 2001 budget. Motion carried unanimously. 6) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Dave Card addressed the Board with concerns about the location of the proposed county-city government building. B. Marcia Mack suggested that the opportunity for the public to address the Board should be at the beginning instead of at the end. She addressed the Board with concerns about the status of the computer filtering process for the public libraries and possibly recalling some of library board members. C. Ron Ross suggested that the proposed county-city building matter should be acted upon as a vote before the people. He also had concerns about the Planning Commission's public process in that it should not be a time limit for individuals who address land use issues. D. Fay Henden addressed the Board with concerns about Kitsap County's hiring process believing that it should be fair and open. 7) COMMISSIONERS OFFICE/ELECTED OFFICIALS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Botkin that the Board adopt Resolution No. 225-2001* thereby appointing Susie Eberts to the Howe Farm Stewardship Committee. 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 Commissioner Botkin and seconded by Commissioner Angel that the Board adopt Resolution No. 22602001* thereby reappointing Richard McConaughy to a 4-year term on the Kitsap County Planning Commission ending December 31, 2005. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. 8) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Angel thanked the press and staff for their attendance at the "Day of Reconciliation" on last week. Meeting adjourned at 1:00 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON CHRIS ENDRESEN, CHAIR TIM BOTKIN, COMMISSIONER JAN ANGEL, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See BCC Resolution Journal Volume No. 56 ** See BCC Ordinance Journal Volume No. 10 OTHER MEETINGS ATTENDED BY THE BOARD: 12/10/01 12:00 PM Lunch- Twetens 2:00 PM Administrator's Briefing-BCC Conference Room 12/11/01 9:00 AM ESA Meeting-BCC Conference Room 12/12/01 9:00 AM Work Study Session-PW 3rd Floor Conference Room 12/13/01 8:00 AM Board Retreat – Port Gamble 2:00 PM Nat'l Marine Fish Services Mtg-Givens Ctr (Kitsap Rm) 12/14/01 1:30 PM Road program meeting – BCC Conference Room THE NEXT BOARD OF COUNTY COMMISSIONERS MEETINGS WILL BE HELD ON DECEMBER 17, 2001. 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 17, 2001 10:00) A Public hearing to consider a resolution to approve a supplemental appropriation increasing the budget of the Law Library Fund in order to meet unexpectedly high costs for book services. Net Fiscal Impact: Increase Law Library budget from $70,000 to $80,000. Source of Funds: Cash Balance. 10:00) B Public hearing to consider a resolution to approve a supplemental appropriation increasing the budget of the General Fund in order to allow the Coroner to receive a grant from the Washington Traffic Safety Commission. Net Fiscal Impact: Increase Coroner budget from $690,507 to $700,932. Source of Funds: Washington Traffic Commission. 10:00) C Public hearing to consider a resolution to approve a supplemental appropriation increasing the budget of the Anti-profiteering Revolving Fund in order to allow for reimbursement transfers to the General Fund. Net Fiscal Impact: Increase Anti-profiteering Revolving Fund budget from $175,462 to $191,462. Source of Funds: Cash Balance. 10:00) D Public hearing to consider a resolution to approve a supplemental appropriation increasing the budget of the General Fund in order to allow for expenditure and reimbursement for mailing of licenses. Net Fiscal Impact: Increase Auditor Licensing budget from $232,884 to $249,884. Source of Funds: State reimbursement. 10:00) E Public hearing to consider a resolution to approve a supplemental appropriation increasing the budget of the following: 1) Developmental Disabilities Fund in order to accept a grant from the Washington Department of Social & Health Services; 2) Kitsap Recovery Center Fund to provide meals to Kitsap Mental Health; and 3) JTPA/WIA Fund to receive an indirect federal grant from the Employment Security Division. Net Fiscal Impact: Increase Developmental Disabilities budget from $2,690,000 to $2,990,000; Increase Kitsap Recovery Center budget from $1,685,600 to $1,785,600; and Increase JTPA/WIA budget from $2,735,271 to $3,285,271. Source of Funds: DSHS $300,000, Kitsap Mental Health $100,000 and WA Dept of Community Trade & Economic Dev. $550,000. 10:00) F Continuation of a public hearing (FOR DECISION ONLY) to consider an Ordinance adopting the Manchester Community Plan with associated amendments to the Kitsap County Comprehensive Plan, Zoning Ordinance and Chapter 17 of the County Code. Net Fiscal Impact: The additional cost of implementation of this Plan is unknown. Source of Funds: Absorbable in County's existing budget. 10:00) G Public hearing to consider a proposed Ordinance that amends the appeals section of Kitsap County Code Chapter 21.08, Comprehensive Plan Amendment Procedures. 10:00) H Continuation of a public hearing to consider a Resolution adopting the year 2002 Annual Road Program in accordance with RCW 36.81.130 and WAC 136.16.018. Net Fiscal Impact: N/A. Source of Funds: County Road Funds. 10:00) I Continuation of a public hearing to consider a Resolution adopting the year 2002-2007 Six-Year Transportation Program in accordance with RCW 36.18 and WAC136.15. Net Fiscal Impact: N/A. Source of Funds: County Road Funds. KITSAP COUNTY COMMISSIONERS MINUTES, DECEMBER 10, 2001 Page 303 Page 302