M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS December 11, 2000 The Kitsap County Board of Commissioners met on the above-stated date. Present were Commissioner Chris Endresen, Commissioner Charlotte Garrido, County Administrator Malcolm Fleming, Assistant to 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) Kitsap County Fire Safety Advisory Committee Award Recognition. Phyllis Mann, Department of Emergency Management, presented an award for Outstanding Regional Task Force to the Kitsap County Fire Safety Advisory Committee. The Advisory Committee developed a fire mitigation plan and new ordinance to reduce fire loss and established fire and life-safety requirements for multi-family buildings. 10:00) Kitsap County Stampede Rodeo Recognition. Chair Botkin introduced and congratulated Brett Green, Cowpokes Association, on being voted the "Best Rodeo of the Columbia River Circuit" which included Washington, Oregon and Idaho states. Brett Green, President of Cowpokes, gave a brief overview of the Cowpokes Association and said that this award was due to the hard work and dedication of the Kitsap County Stampede Rodeo Committee. John Jones, Assistant Rodeo Director, thanked the County and the Community for its support and said that the funding from these agencies helped to make the rodeo a success He said that this was the 41st year of the rodeo and that this was the first time that this award had been received. 10:00) A Public hearing to consider a Supplemental Appropriation increasing the following budgets in order to receive increased grants: 1) General Fund (Youth Commission) in the amount of $120,000; 2) Area Agency on Aging in the amount of $250,000; 3) Workforce Investment Act in the amount of $1,288,000; and 4) Mental Health Fund in the amount of $1,492,000. 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. 209-2000* thereby approving the supplemental appropriation. Motion carried unanimously. 10:00) B Public hearing to consider a Supplemental Appropriation increasing the budgets of the Workers Compensation Fund by $50,000 in order to recognize increased claim costs and the Telecommunications Fund by $60,000 in order to recognize increased service charges and costs. 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 adopt Resolution No. 210-2000* thereby approving the supplemental appropriation. Motion carried unanimously. 10:00) C Public hearing to consider a Supplemental Appropriation increasing the budgets of the General Fund (Juvenile Detention) in the amount of $62,973 and the General Fund (Juvenile Court Services) in the amount of $75,902 in order to receive various grants. 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 adopt Resolution No. 211-2000* thereby approving the supplemental appropriation. Motion carried unanimously. 10:00) D Public hearing to consider a Supplemental Appropriation increasing the budget of the General Fund in the amount of $57,755 in order to appropriate both the revenue and expenditures associated with an increase in BECCA grant funding and $19,647 in order to appropriate both the revenue and expenditures associated with a grant from DSHS Crisis Residential Center. 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 adopt Resolution No. 212-2000* thereby approving the supplemental appropriation. Motion carried unanimously. 10:00) E Public hearing to consider a Supplemental Appropriation increasing the budget of the General Fund (Auditor's Licensing) in the amount of $23,000 to recognize increased postage for mailing licenses and the anticipated increase in state reimbursement. 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 adopt Resolution No. 213-2000* thereby approving the supplemental appropriation. Motion carried unanimously. 10:00) F 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. (THIS MATTER HAS BEEN PULLED UNTIL FURTHER NOTICE). 10:00) G 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. Chair Botkin explained that this was a closed record appeal hearing and that a previous public hearing had been held before the Kitsap County Hearing Examiner in which testimony was taken and evidence received from interested individuals. He said that the Board of Commissioners would not receive any new evidence or testimony at this hearing, would only review the testimony/evidence presented to the Hearing Examiner and take argument on whether the Hearing Examiner's decision was appropriate. Darryl Piercy, Department of Community Development, gave a brief summary of the project stating that the proposal called for a 130-foot cell tower to be located on Victory Drive. He said that the Hearing Examiner conducted a hearing on this matter, issued a decision October 12, 2000 granting the permit subject to 12 conditions and the decision was appealed by the applicant specific to the conditions dealing with lighting of the facility, color of the tower and FAA requirements. Mike Witek, representing SBA Towers, Inc. said that SBA Towers received approval of a conditional use permit to construct a 130-foot monopole located off Victory Drive. He said that in the original appeal, SBA objected to conditions: 1) lighting on the tower; 2) painting the monopole green or earth tone colors, and 11) compliance with any requirements of FCC and FAA unless in direct conflict with the conditions of approval. Witek said that since the original filing of the appeal, SBA had determined that it could comply with condition #2 with respect to painting of the monopole and no longer objected to that condition. He said that conditions nos. 1 and 11 were unreasonable and incapable of being accomplished because those conditions would eliminate or seriously compromise the project's essential purpose that was to provide communication service for business, personal and emergency use. He also said that the 130-foot proposed height was the minimal functional height for the project and could not be lowered to avoid FAA lighting requirements. He said that anytime the provider was prevented from doing what was needed, then there was loss of service. Discussion was held between the Board and Witek regarding required lighting on the monopole and FAA requirement for height of the monopole. Piercy said that staff had reviewed the videotapes of the hearing before the Hearing Examiner as well as the documents submitted as part of this appeal. He said that staff believed that there was enough written record submitted by the applicants indicating that there was no need to cite federal regulations because they would comply with those regulations regardless of the conditions contained within the County's decision. He said that there was no discussion in the presentation before the Hearing Examiner regarding the inappropriateness of the County's imposing requirements on the monopole or requirements regarding its color. He said that there was simply a discussion that the FCC and FAA requirements would have to be met by the applicant regardless and were not necessary to be included in the local decision. Piercy said the code requirement that an application must meet FAA requirements about lighting was a different issue than what was being presented at the hearing before the examiner. Relative to conditions vs. requirements, Piercy said the conditions were merely an effort by the staff and the Hearing Examiner to reinforce the actual requirements contained within the ordinance. Piercy further said that there had not been another case appealed to the Board or objected to at the Hearing Examiner level regarding lighting as an issue. He believed that there were other alternatives that could be addressed other than placing a tower at the height of required lighting as proposed in this application. He said because lighting was an esthetic issue for the community, it was consistent with the Telecommunications Act. Discussion continued regarding review of the tape before the Hearing Examiner and technical maps, FAA required lighting heights and whether conditions 1, 2 and 11 had been presented to the Hearing Examiner as recommended conditions. Witek said that relative to the issues addressed by Piercy, the Board needed to review the oral testimony of Mr. James given before the Hearing Examiner regarding the lighting requirement. He did not believe that all of the industry people who participated in the development of the ordinance agreed to the lighting issue. Relative to whether this was a condition or a code requirement, Witkek said he did not believe that this mattered and that under either scenario, the project would still have to conform to state law. He said that a condition had to be reasonable and capable of accomplishing. Chair Botkin stated that lighting and color issues were the same issue that had been dealt with on each application before the Board. He said that the County's land use authority was different from FAA's authority and that the County had the authority to look at esthetics and the height of the tower and then attempt to reduce it when possible. He said that a tower location was not permanently set and that it did not have to be located in the applied for location. He believed that the Hearing Examiner acted correctly and consistent with the County's ordinance. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board continue this matter to December 18, 2000 for decision only. 10:00) H Continuation of the public hearing to consider a Resolution adopting the Fiscal Year 2001 Kitsap County Budget, Property Taxes and Revenues. William Nogle, Department of Administrative Services, gave a brief summary and an update of the previous budget presentation held last week. Discussion between the Board and Nogle regarding taking the various departmental budgets and explaining their major increases from the year 1995 through 2000. Dan Baskins addressed the Board with concerns regarding budget reserves, maintaining a balanced budget, possibly waiting until the one-stop permitting center was up and running prior to hiring staff in DCD, making the Department of Community Development and Public Works more efficient departments and having a plan in place first and then funding the position. Discussion among the Board members regarding adhering to the County's Vision and Mission Plan as the budget was being considered, support from the strategic planning groups, other positions that needed to be funded in Public Works and the Department of Community Development and the County doing a better job prioritizing the budget request. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board continue this matter to December 18, 2000 for decision only. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A. Approve Minutes of December 4, 2000. B. Approve Warrant Nos. 2896890 through 2898213 in the amount of $2,109,285.05. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Petition For Review filed by Kitsap Citizens for Rural Preservation; 2) Summons, Complaint For Injunctive & Declaratory Relief filed by The City of Bainbridge Island, Dwight Sutton, Gilbert & Janet Bailey and Housing Resources Board; 3) Designation of Clerk's Papers filed by Manke Lumber Company; and 4) Certificate of Service and Petition For Review filed by The Suquamish Tribe. Motion carried unanimously. 2) DEPARTMENT OF AMINISTRATIVE SERVICES: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract between Kitsap County and Kitsap Peninsula Visitor & Convention Bureau (KC-001-01) in an amount not to exceed $115,000 for tourism and convention activity promotion. Motion carried unanimously. 3) PROSECUTOR'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract between Kitsap County and The City of Poulsbo (KC-066-00A) in the amount of $58,373 plus an additional 3% COLA per annum to provide legal prosecution services to the City of Poulsbo. Motion carried unanimously. 4) PERSONNEL& HUMAN SERCIVES DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt No. Resolution No. 214-2000* thereby reclassifying a position in the Public Works Department. Motion carried unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract amendment between Kitsap County and The Kitsap County Deputy Sheriff's Guild (KC-478-00A) to include the longevity bonus for Corporal and Sergeants in 2000 that was unintentionally omitted in the original agreement. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Collective Bargaining Agreement amendment between Kitsap County and Teamsters, Local 589, Public Works Utilities (KC-442-00A) on the County's contribution towards medical, vision, dental and life insurance premiums for bargaining unit members and their dependents for years 2001 and 2002. Motion carried unanimously. 5) SHERIFF'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Interlocal agreement between Kitsap County and The Cities of Bainbridge Island, Bremerton Port Orchard and Poulsbo Police Departments (KC-519-00) for the Traffic Task Force Mutual Aid agreement for the period of December 15, 2000 to December 15, 2002. Motion carried unanimously. 6) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the contract between Kitsap County and Quality Signal Construction, Inc (KC-491-00) in the amount of $184,060 to furnish all supervision, labor, materials, equipment, transportation and incidentals for signalization of Newberry Hill Road railroad crossing. Motion carried unanimously. B. Discussion was held, comments called for and hearing objection, a motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Access and Utility Easement between Kitsap County and Rock Caley for a perpetual non-exclusive easement for access and utilities over, under and across two (2) Kitsap County tax-title properties located south of Peterson Road in South Kitsap Commissioner District No. 2. Motion carried unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve and execute the Access and Utility Easement between Kitsap County and The Powell Development Company, representing the Walgreen Company for a perpetual non-exclusive easement for access and utilities over, under upon and across the existing entrance to the Sheriff Annex and the Billie Eder Community Center in Central Kitsap Commissioner District No. 3. Motion carried unanimously. D. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board approve the Binding Site Plan approval for Phase 2 of the Kennedy Industrial Park PUD. Motion carried unanimously. 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Gene Gerard, Kitsap Waterfront & Streamside Owners Association said that this was a newly formed association and addressed the Board with concerns about the impact of rules and regulations regarding waterfront property issues as it related to ESA. B. Ron Ross addressed the Board with concerns about the outdoor burn ban. C. Vivian Henderson also addressed the Board with concerns about the outdoor burn ban, the newly formed association (referenced by Gerard) regarding waterfront property issues and possible video taping of the freeholders meetings. 8) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board ratify Resolution No. 208-2000 thereby acknowledging the death of and the many civic and community contributions made by James Titus Walker, former Kitsap County Boundary Review Board member. Motion carried unanimously. B. Recess to an executive session on Monday, December 11, 2000 at the hour of 1:30 PM to discuss personnel issues and pending litigation. Executive session began at 1:30 PM and ended at 2:00 PM. C. Commissioner Endresen announced the open house of the Kitsap County Sheriff's Office precinct in the Kingston area. 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: 12/11/00 12:00 PM Lunch – Employee of the Month - Twetens 12/11/00 1:30 PM Executive Session-BCC Conf Room 12/11/00 2:30 PM Administrative Mtg-BCC Conf Room 12/12/00 8:00 AM Human Rights Conference-Howard Johnson Hotel 12/12/00 1:15 PM Transportation/Policy Bd Mtg-Housing Auth Ofc 12/12/00 3:00 PM ESA Mtg-BCC Conf Room 12/13/00 9:00 AM Work Study Session-3rd Floor PW Bldg 12/13/00 11:00 AM HCCC Awards Celebration-Alderbrook Inn 12/13/00 6:00 PM Democratic Christmas Party-MaryMac's 12/15/00 2:00 PM PSNS Mtg/Tour-PSNS THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE HELD ON DECEMBER 18, 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). UPCOMING TIMED AGENDA ITEMS: (PLEASE NOTE: These dates and times are tentative and subject to change) DECEMBER 18, 2000: 10:00) APA Award Presentation (Monty Mahan) 10:00) A Public hearing to consider adoption of the Howe Farm Concept Plan which was developed through a community planning process to determine appropriate use of the County's Howe Farm property and will be used to guide future use and development of the property. 10:00) B Public hearing to consider conveying a conservation easement to the Great Peninsula Conservancy to permanently protect an area of wetlands and surrounding hydrologic buffer on the County's Banner Forest Property. 10:00) C Public hearing to consider an Ordinance amending and adding new sections to Chapter 2.02 of the Kitsap County Code relating to meetings of the Board of County Commissioners. 10:00) D Public hearing to consider an Ordinance relating to the abatement of conditions which constitute a public nuisance and adding a new Chapter 9.56, "Public Nuisances," to the Kitsap County Code. 10:00) E 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. KITSAP COUNTY COMMISSIONERS MINUTES, DECEMBER 11, 2000 Page 337 Page 328