M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS December 18, 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) Recognition of Employee Service Awards. Congratulations and Certificates of Appreciation were presented to the following employees for their many years of dedicated service to Kitsap County: 1) Gordon Matheson, Facilities Maintenance; 2) Scott Riddell, Department of Community Development; and 3) Lynn Flanig, Personnel & Human Services. 10:00) Planning Association of Washington Award Presentation by Monty Mahan. Monty Mahan, Public Works Department, introduced Lloyd Skinner, American Planning Association, who presented a plaque to the Board of Commissioners in recognition of the planning award given to Kitsap County and SCA Engineering for the Bethel Road Corridor Development Plan. Susan Graham, SCA Engineering, presented a concept drawing of the Bethel Road Corridor Development area to Commissioner Garrido and thanked her for supporting and encouraging public participation in the development of the Bethel Road Corridor Plan. 10:00) Certificate of Achievement presented by Commissioner Garrido. Commissioner Garrido presented a Certificate of Achievement Award on behalf of the State Office of Community Development to the Department of Community Development in recognition of distinguished achievement in public participation based on improvements in overall planning. 10:00) Commissioner Endresen presented a Certificate of Appreciation to Commissioner Garrido on behalf of the Hood Canal Coordinating Council for her support and involvement with the council. 10:00) A Public hearing to consider a Resolution adopting the Howe Farm Concept Plan which was developed through a community planning process to determine appropriate use of the County's Howe Farm property as well as used to guide future use and development of the property. Joseph Coppo, Parks & Recreation Department, gave a brief overview of the Howe Farm Concept Plan stating that a significant percentage of the site was wetland. While the farm had not been actively managed as a farm for many years, Coppo said that suggestions for the site included a variety of uses that demonstrated and honored the county's agricultural heritage as well as preserved the undeveloped open space. Commissioner Garrido suggested that a list of the participants should be added to the resolution. Dan Baskins said that the concept plan for the Howe farm fit well for that area but believed that a great portion of the farm was purchased with impact fees. He believed that impact fees should be used for active use facilities and that there was a need for more ball fields in the county. He did believe however that the county needed to preserve its farmland. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the adopt Resolution No. 215-2000* thereby adopting the Howe Farm Concept Plan to guide future planning and development at the Howe Farm County Park. Motion carried unanimously. 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. Joseph Coppo, Parks & Recreation Department, gave a brief overview of the project stating that the Friends of Banner Forest Community Group requested that the wetlands located in the center of the Banner Forest property be provided with permanent protection from development or any activity that would degrade the quality of the wetlands. He said that the Great Peninsula Conservancy agreed to accept a conservation easement on the wetlands and associated natural drainage buffers and that the easement would allow for continued trail use but would prohibit any development that would hinder the wetlands. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board convey 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. Motion carried unanimously. 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. Malcolm Fleming, County Administrator, gave a brief overview of the amendments to the proposed ordinance stating that the amendments would officially bring the Board in compliance to what it was currently doing. 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 enact Ordinance No. 252-2000** subject to the minor changes suggested by Commissioner Endresen. Motion carried unanimously. 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. Kathryn Portteus, Prosecutor's Office, gave a brief summary of the proposed ordinance stating that this ordinance related to the abatement of conditions which constituted a public nuisance and added a new Chapter 9.56, Public Nuisances, to the Kitsap County Code. She said that the purpose of this chapter was to establish an efficient system to enforce the land use and public health regulations of the county, to provide an opportunity for a prompt hearing before a violations hearing examiner employed by the county, decision on alleged violations and to establish penalties for violations including abatement of violations. Mark Grimm, Department of Community Development said that most of the items included in this ordinance were already being done. He believed that this ordinance would help the inspectors in the field and encouraged the Board to adopt this ordinance as proposed. Discussion was held between the Board and staff regarding drainage (Section 9.56.020, Definitions -(7) b (viii), definition of junk vehicles, removal of vehicles, whether storage buildings should include a roof, clarification of trash covered premises, accumulation of trash in the yard and public health issues. Jim Gastineau, Sheriff's Office, read a statement for the record regarding personal property or solid waste on County rights-of-way. He also read and submitted for the record a letter from Jim Adrian relative to the proposed ordinance. Gastineau believed that this ordinance was needed. Further discussion was held between the Board and staff regarding the timeframe for disposing of a tenant's personal property. Chris Kaiser questioned whether there was a provision contained in the ordinance authorizing removal of a vehicle parked in the county right of way for an extended period of time. Kathryn Portteus said that there was no distinction between what was required in state regulations and what would be required in this proposed ordinance as it related to removal of vehicles in rights-of ways. A motion was made by Chair Botkin and seconded by Commissioner Endresen that the Board continue this matter to January 8, 2001, for decision only. Motion carried unanimously. 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. Scott Murphy, Public Works Department, gave a brief overview of the proposed recommendation and said that on review of the comprehensive plan and its requirements, it was determined that with a few text changes, the inclusion of the inventory and the adopted level of service standards for the state highways, the county would be in compliance. Discussion was held between the Board and staff regarding why there was no statement of the ferry system as a portion of the County's state highway system inventory and the level of service. A motion was made by Chair Botkin and seconded by Commissioner Garrido that the Board continue this matter to January 8, 2001. Motion carried unanimously. 10:00) F Continuation of a Closed Record hearing (for decision only) 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. Commissioner Garrido said that on review of the video of the meeting held before the Hearing Examiner, Mr. James wholeheartedly supported the staff's report and said that he would like to see the requirements for FCC and FAA removed relative to condition #11. Commissioner Garrido said that when staff reiterated that there would be no lighting on the structure, there was no comment or apparent conflict from the applicant. A motion was made by Commissioner Garrido and seconded by Chair Botkin that the Board concur with the Hearing Examiner thereby denying the appeal and affirming that the Hearing Examiner had sufficient evidence to support his findings, conclusions and decision and that he correctly applied the applicable county ordinances and state law. Motion carried unanimously. 10:00) G Continuation of the public hearing to consider: 1) Resolution adopting the Fiscal Year 2001 Kitsap County Budget; 2) Resolution establishing the percentage increases in property tax levies for 2001; 3) Resolution making a statement of substantial need in order to preserve the 106% levy lid; and 4) Resolution setting the levy for all taxing districts in the County. No. 1) 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. 216-2000* thereby establishing the increases in the Kitsap County Current Expense, Road Fund and Conservation Futures Fund. Motion carried unanimously. No. 2) Discussion was held between the Board and staff regarding whether the resolution stated that the county was using a portion of the reserve fund balance in order to keep the property taxes from increasing above the implicit price deflator. Dan Baskins questioned whether this resolution would reserve the Board's authority to re- calculate taxes based not on actual revenues collected but on the 106 lid that would have been in effect if it was taxed at the full amount and if it allowed the Board to go back and collect the excess revenue. A motion was made by Commissioner Endresen and seconded by Commissioner Garrido that the Board adopt Resolution No. 217-2000* thereby making a statement of substantial need in order to preserve the 106% levy lid. Motion carried unanimously. No. 3) 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 adopt Resolution No. 218-2000* setting the levy for all taxing districts in the County. No. 4) Steve Boyer, Kitsap County Sheriff's Office, said that he recognized that the budget process was a complex one and thanked the Board for all of its work in facing the budget challenges. He said while the Sheriff's Office did not receive all the items requested, it did receive the basic tools needed to build a first-class Sheriff's Office for now and in the future. Ray Garrido questioned whether the Best Self Program was included in the budget. The Board thanked the departments as well as the budget staff for all of their time and hard work spent on the budget process. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 219-2000* thereby approving the 2001 Kitsap County Fiscal Budget. 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 approve: A. Approve Minutes of December 11, 2000. B. Approve Warrant Nos. 2898214 through 2899348 in the amount of $2,946,665.78. Motion carried unanimously. 2) DEPARTMENT OF AMINISTRATIVE SERVICES: A. Resolution proclaiming 2001 as the Year of the Volunteer. (THIS MATTER was CONTINUED TO JANUARY 8, 2001). B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 220-2000* thereby waiving the competitive negotiation requirement relating to the Computer Aided Mass Appraisal (CAMA) procurement. Motion carried unanimously. 3) AUDITOR'S OFFICE: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 221-2000* thereby approving the proposed changes to the Veterans Relief Fund. Motion carried unanimously. 4) PERSONNEL& HUMAN SERCIVES DEPARTMENT: A. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Workforce Investment Act Grant agreement between Kitsap County and WA State Employment Security Department (KC-517-00) in the amount of $134,948 for the WIA Administrative Cost Pool for the period of October 1, 2000 through June 30, 2002. Motion carried unanimously. B. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Workforce Investment Act Grant amendment between Kitsap County and WA State Employment Security Department (KC-383-00A) in the amount of $856,825 for the WIA Adult Program for the period of July 1, 2000 through June 30, 2002. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Workforce Investment Act Grant amendment between Kitsap County and WA State Employment Security Department (KC-382-00A) in the amount of $856,810 for the WIA Dislocated Workers for the period of July 1, 2000 through June 30, 2002. Motion carried unanimously. D. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the Workforce Investment Act Grant amendment between Kitsap County and WA State Employment Security Department (KC-350-00A) reducing the amount by $134,948 for a new total of $151,502 for the WIA Administrative Cost Pool for the period of July 1, 2000 through June 30, 2002. 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 The Greer & Gerard Law Firm (KC-511-00) in the amount of $26,789 to provide legal services to county residents 60 years of age or older for the period of January 1, 2001 through December 31, 2001. Motion carried unanimously. F. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Kitsap Mental Health Services (KC-510-00) in the amount of $27,968 to provide Older Adult Counseling and Chemical Dependency Services for the period of January 1, 2001 through December 31, 2001. Motion carried unanimously. G. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract between Kitsap County and Bremerton Services Association (KC-513-00) in the amount of $319,523 to provide senior nutrition services for the period of January 1, 2001 through December 31, 2001. Motion carried unanimously. 5) SUPERIOR 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 Dorothea Lintz, Aleta Gibson, Andrew Becker, Diane Knight, Steven L. Olsen, Frances Scott, Robert Gorsuch, Dane Keehn, Laura Spray and Steve Bauer (KC-536-00) 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. 6) PUBLIC WORKS DEPARTMENT: 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 Ace Paving Company (KC-507-00) in the amount of $705,005.20 for improvements at the intersection of SE Sedgwick Road (State Hwy 160) and Bethel Road SE in South 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 contract between Kitsap County and WA State Department of Transportation (KC-194-92D) reducing the amount of PE and Right-of-Way funds and transferring those obligated funds into the construction phase of the West Kingston Road Project. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board approve and execute the contract amendment between Kitsap County and The Department of Ecology (KC-414-99A) extending the Gorst Sewer System Project completion date to February 28, 2001 due to delays of another entity's portion of the facility plan. Motion carried unanimously. 7) DEPARTMENT OF COMMUNITY DEVELOPMENT: 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 approve and execute the contract between Kitsap County and Cascadia Community Planning Services (KC-485-00) in the amount of $139,485 to assist in the preparation of a Sub-area Plan for the South Kitsap Urban Growth Area and portions of the South Kitsap Joint Planning Areas to resolve unsettled land use and capital facilities issues and define the opportunities for development and preservation on land owned by McCormick Land Company, for Chair's signature. Motion carried unanimously. B. 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 approve the reimbursement agreement between Kitsap County and McCormick Land Company (KC-546-00) in the amount of $ 139,485 for financial assistance for fees and expenses associated with the consulting services of Cascadia Community Planning Services. Motion carried unanimously. C. A motion was made by Commissioner Garrido and seconded by Commissioner Endresen that the Board adopt Resolution No. 222-2000* thereby amending the Application Fee Schedule (640.) in the Kitsap County Zoning Ordinance. Motion carried unanimously. 8) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. George Willock thanked Commissioner Garrido for her many years of dedication and support to Kitsap County and for involving her constituents in the public participation process. B. Lionel Collins, Bremerton Chapter NAACP, thanked Commissioner Garrido for her support of the NAACP and wished her well in her next endeavors. C. Chris Smith thanked Commissioner Garrido for all of her hard work in the South end of the county, particularly the Banner Forest project and wished her well in her next endeavors. D. Ray Garrido thanked Commissioner Garrido for her voice and for encouraging citizens to participate in the county government process. 9) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: 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 appoint Commissioner Endresen as Chair of the Board of the Kitsap County Commissioners for the year 2001. Motion carried unanimously. B. 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. 223-2000* thereby appointing members to the Banner Forest Stewardship Committee. Motion carried unanimously. C. 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. 224-2000* thereby appointing members to the Howe Farm Stewardship Committee. Motion carried unanimously. D. Commissioner Charlotte Garrido thanked citizens for their comments and well wishes and said that she only played a single roll in a very big picture. She said the rest of the board members and others that were not in the room played an important part as well. Commissioner Garrido said that she had worked with dedicated people and staff for the last four years and that she had learned and experienced many things. She believed that county employees in their various departments took government service very seriously. She believed that the televised Board of Commissioners public meetings ensured that the citizens had access to public, county information. Commissioner Garrido said that she would continue to speak out and participate to make this a better community. E. Recess to executive session Monday, December 18, 2000 at the hour of 1:30 PM to discuss potential litigation and land acquisition. The executive session began at 1:45 PM and ended at 3:30PM. Public meeting adjourned. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON CHRIS ENDRESEN, CHAIR TIME BOTKIN, COMMISSIONER JAN ANGEL, COMMISSIONER ATTEST: HOLLY ANDERSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 55 ** See Ordinance Journal Volume No. 9 OTHER MEETINGS ATTENDED BY THE BOARD: 12/18/00 12:00 PM Lunch –Elected Officials- Twetens 12/18/00 2:30 PM Administrative Mtg-BCC Conf Room 12/19/00 8:00 AM KCHHA Mtg – Housing Authority Office, Silverdale 12/19/00 1:00 PM County-Wide Planning Policy Review-BCC Conf Rm 12/19/00 2:00 PM ESA Mtg – BCC Conf Room 12/21/00 2:00 PM Farewell Reception for Commissioner Garrido-Conf Rm THE NEXT MEETING OF THE BOARD OF COMMISSIONERS WILL BE HELD ON JANUARY 8, 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) KITSAP COUNTY COMMISSIONERS MINUTES, DECEMBER 18, 2000 Page 339 Page 338