M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS June 24, 2002 The Board of Commissioners met on the above-stated date. Present were Chair Tim Botkin, Commissioner Chris Endresen, 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 Pledge of Allegiance. 10:00) Employee Service Awards. Congratulations and Certificates of Appreciation was presented to the following employees for their years of service to Kitsap County: Jerry Philip Seratt, CenCom; Jill Payseno, Juvenile Services and Benson Burleson, Public Works. 10:00) A Public hearing to consider a request filed by the Church of South Colby to lift the 6-year development moratorium on approximately 2.31 acres with the intent to convert from forestry use to a Conditional Use for a neighborhood community park on property located approximately 500 feet North of the Arvick Road SE and SE Fernbrook Lane intersection on the West side of Arvick Road SE in South Kitsap, Commissioner District No. 2. Chair Botkin gave a brief overview of the moratoria and the public hearing processes. Karanne Gonzalez, Department of Community Development, was sworn in and gave an overview of the application stating that the Church in South Colby filed an application requesting the Board to lift the 6-year development moratorium on approximately 2.31 acres. She said the moratorium was imposed on the property when it was under the ownership of Ben Tinker. She said Tinker signed a notice of moratorium on non-forestry use of the land when the property was logged in March of 2001. Gonzalez said the church has since purchased the property and wish to pursue development of a neighborhood community park. She said neighborhood parks require a conditional use permit as well as permits for clearing and development. Under a moratorium, Gonzalez said those permits could not be granted and the church's request is specific to the neighborhood community park. Gonzalez said there is a type 3 stream located along the west property boundary and approximately 1.56 acres has been cleared and replanted in grass. On the east end of the property, she said approximately 26,360 square feet of area has been covered in rock creating an impervious surface. She stated under the class III non-conversion Forest Practices, this application is exempt from SEPA pursuant to the Revised Code of Washington (RCW). She said Kitsap County has been lead agency for the SEPA determination on all conversion Forest Practices applications since 1991 and it is the county's practice to review SEPA in conjunction with Land Use applications. She said had this been a conversion application, the County would have been lead agency and would have been able to apply the critical areas protection to the property instead of the Department of Natural Resources. Gonzalez stated the County did not have any ability to condition or make changes to the permit as it is issued by the State. Relative to lifting a moratorium, she said the RCW states, " for six years after the date of the application the county, city, town and regional governmental entities shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to non-forestry uses of land subject to the application." Gonzalez further explained the criteria for lifting a moratorium as outlined in Kitsap County Timber Harvest Ordinance No. 150-A-2000. She said under section 18.16.180 B-Criteria, item e (1) has not occurred and the record indicates that in an informal conference with Dave Dennis of DNR did meet on site with the operator to review the permit, the conditions and discuss options that were available. She said the record also indicates that Dennis and Thurston met prior to the purchase of the property to review forest practice applications and replanting requirements. Gonzalez said in review of the application, it has not been demonstrated that the applicant has met the criteria to lift the moratorium in that there has been no evidence of theft or fraud brought forward nor did it meet the other two criteria. She said staff recommended against lifting the moratorium. Discussion was held between the Board and staff relative to how close to the stream the cutting occurred, how much of the perimeter was logged and whether replanting is required under a non-conversion permit. Rick Thurston, representing the Church in South Colby, was sworn in and submitted information to the Board. He said in a recent poll, most of the community was in favor of lifting the moratorium for a community park. He gave a brief overview of the history of the land purchase stating that the intent was not to point fingers at anyone but to move forward with their vision for the property and the community. He said after noticing that the property was for sale, the church inquired about purchasing both lots and eventually did for $60,000. Prior to purchase of the property, Thurston said he discovered that the property was being logged in order to pay property taxes and that there was also moratorium on the land which he was unaware of what that meant. He said after research, he found that the moratorium meant that the church would not be given a permit to build on the one of the lots for a period of six years and feels the church is facing repercussions of the previous owner's actions. After purchase of the land, Thurston said the church members proceeded to clean up the property and realized in the process there was a need to take erosion control measures. He said the church did not create an impervious surface on the site a thin layer of gravel was spread for the purpose of preventing erosion. Thurston said there is no plan and never has been for a building and that at no time in the process did the church intentionally attempt to avoid county permits or laws. He apologized for any mistakes the church may have made in going beyond what a permit might require. Discussion was held between the Board and Thurston regarding the long-term development of the property, actual date that the church purchased the property, checking the land title, whether the applicant knew the moratorium was in place when the property was purchased. Craig Bluemel was sworn in and said he lives next door to the site, supports development of a neighborhood community park and the lifting of the moratorium. He said there is no community park facility for public use in the immediate area and the only other facility nearby is a dilapidated softball field and fishing dock at the old Harper Pier. Mike Newton was sworn in and stated he lives approximately 2 blocks from the proposed site and appreciates all the help the church has extended to him and his family. He supports the neighborhood community park and believes the church did not intend to do anything unlawful. Fred Depee was sworn in and said state regulations relating to a moratorium did not prohibit the County from letting the proposed area continue as a park and the only requirement was for reforestation. He suggested the County could amend the amendment that took place in the year 2000 thereby allowing more latitude by the Board to make decisions on these types of matters and to consider the community benefit involved with moratoriums. Judy Edwards was sworn in and said she is a property owner in the area and is against lifting the moratorium for the proposed development of a neighborhood park. She suggested that the church members travel a short distance to the Jackson and Lund Community Park where they could enjoy the park's beauty and amenities. Dawn Pucci, Suquamish Tribe Forest Practice Coordinator, was sworn in and stated the Tribe is not against a public park in the area but felt that it should wait until after the moratorium period had ended. She asked the Board not to lift the moratorium and believes that there are ways around establishing a community park without lifting the moratorium. Vivian Henderson was sworn in said this was a great thing that the church was doing and would like to see the county work with the church. Ron Wilkinson was sworn in and said he is a member of the Church of South Colby, has been involved in the property acquisition process since the beginning and believes the church cares deeply for the land and the community. Dale Goforth was sworn in and said he is a member of the church and it is very active in the community. He said the church wants to help the community in any way that it can and its intent is to give back to the community. He asked to Board to support lifting of the moratorium and the proposed neighborhood community park. Rick Thurston still under oath said he did not believe the public parks in the community are safe and gave examples of safety incidents involving his family that occurred in the Jackson-Lund Community Park. He said the church's proposed community park would be different in that it would provide safety and security measures. Thurston said the church would work with the County requirements and asked the Board to consider its request, consider the information before the Board and realize all the improvements to the property has been to his understanding with County consent. He said he did not understand the laws at the beginning of the process but understand them better now. Thurston said if the moratorium is not lifted then the church would be back at the end of the moratorium period because this is what they wanted to do. Discussion was held between the Board and Thurston regarding whether he knew there was a moratorium on the property prior to purchase, the proposed parking lot on the site, whether he knew under what ground rules a moratorium could be lifted, considering this park as an essential public facility and the past practices on the property. Commissioner Endresen read the definition of an essential public facility as outlined the County's Comprehensive Plan. The Board closed public testimony portion and continued the hearing to July 1, 2002 for decision only. 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 June 17, 2002. B. Approve Warrant Nos. 2999609 through 3000983 in the amount of $3,972,183.12. Motion carried unanimously. 2) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. 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 approves and executes the contract amendment with Berschauer Phillips Construction Co (KC-399-01C) for concrete and earthwork for the Kitsap County Jail Expansion and Renovation, Bid Package 4.1. Net Fiscal Impact: $101,028. Source of Funds: Jail Construction 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 contract amendment with WA State Department of Social & Health Services (KC-422-01A) increasing contract funding to provide day program services for individuals graduating from high school. Net Fiscal Impact: $78,308. Source of Funds: DSHS, Div of Dev Disabilities. Motion carried unanimously. 4) DEPARTMENT OF CENTRAL COMMUNICATIOS: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract with WA State Department of Transportation (KC-329-02) for LiDAR, Phase III mapping data for the Chehalis area. Net Fiscal Impact: None. Source of Funds: None. Motion carried unanimously. 5) PUBLIC WORKS DEPARTMENT: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract with WA State Department of Ecology (KC-438-01) to provide additional funding for the Bainbridge Island Landfill Site Study and Remediation. Net Fiscal Impact: $3,543,762. Source of Funds: Bainbridge Island Landfill Capital. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve the Easement agreement with The Suquamish Tribe for stormwater conveyance improvements and installation of a water quality treatment device serving Augusta Avenue. Net Fiscal Impact: $0. Source of Funds: N/A. Motion carried unanimously. 6) SHERIFF'S OFFICE: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract amendment with The City of Port Orchard KC-230-96F) to provide for detention and incarceration of adult persons arrested and/or committed to confinement by the City. Net Fiscal Impact: $62.00/person confined for each 24-hour period or portion thereof. Source of Funds: City of Port Orchard. Motion carried unanimously. 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Dr. Charlotte Garrido, Banner Forest Stewardship Committee, invited the Board to attend the open house and forest walk on Saturday, June 29, 2002 from 10:00 AM to 1:00PM. B. Fred Depee addressed the Board with concerns about including all of South Kitsap in the review of Phase II of the South Kitsap Planning Area and not just ULID #6 and the Berry Lake. Depee also said he would like the Board to have more latitude in deciding on moratoriums. C. Scott Henden addressed the Board with concerns about the Smart Growth Coalition meeting held in the north end relative to open space vs. active areas. He also asked Chair Botkin not to address his or Kitsap Alliance's comments as it related the "sole use" of one's property. D. Vivian Henderson addressed the Board with concerns about statements made by Chair Botkin at the Smart Growth Coalition meeting as it related to the Kitsap Alliance of Property Owners determining the '"sole use" of their property. E. Gene Sherrard addressed the Board regarding whether the Kitsap Alliance of Property Owners is required to file with the Public Disclosure Commission. F. Paulette Degard thanked the Board for its support and work on the Kids Playground Project. She said there is still a need for financial support. 8) COMMISSIONERS/ELECTED OFFICIALS/DEPARTMENT HEADS: A. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 120-2002* thereby appointing Karen Allison and Devin Shoquist and reappointing, Roy Hubert, Diane Jones, Alan Miller and Jack Minert to the East Salmon Habitat Restoration Committee for terms ending June 18, 2005 except Allison whose term ends June 18, 2004. Motion carried unanimously. B. Discussion was held, comments called for and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approve and execute subject review by the Prosecutor's Office the employment contract with The Prothman Company (KC-369-02) for Ilene Frisch to perform the duties of Interim Director of Administrative Services through December 31, 2002. Net Fiscal Impact: None. Source of Funds: General Fund. Motion carried unanimously. 9) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioners Angel and Endresen acknowledged that the recent WA State Association of Counties conference was a good one and that Kitsap County along with other counties received awards from the State president of the Association for helping Washington State save $200 million in its budget through management of county boards and county employees. B. Chair Botkin said he drove one of the vans for the South Kitsap Garden Tour on Sunday, June 23, 2002. Public meeting of the Board of Commissioners adjourned at 11:50 AM. Chair Botkin announced that the Board would go into executive session for five minutes to discuss a personnel issue but did not expect to take any action on the matter. The Board met in executive session at 11:55 AM and it ended at 12:00 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: 06/24/02 12:00 PM Lunch with Elected Officials -Twetens 2:00 PM Budget Meetings-BCC Conference Room 6:00 PM Leadership Kitsap Graduation, Kiana Lodge 06/25/02 10:00 AM ESA Meeting – BCC Conference Room 06/26/02 9:00 AM Budget Mtg with Department Heads - BCC Conf Rm 11:30 AM Silverdale Chamber of Commerce – Eagles Nest 06/27/02 6:00 PM KRCC Dinner – Island Lake Community Center THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE JULY 1, 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) JULY 1, 2002: 10:00) Employee of the Month recognition. 10:00) A Public hearing to consider an Ordinance amending and repealing parts of Kitsap County Code Chapter 9.16 and setting disposal rates for the Olympic View Transfer Station. JULY 8, 2002: JULY 15, 2002: JULY 22, 2002: JULY 29, 2002: 5TH Monday – No public meeting KITSAP COUNTY COMMISSIONERS MINUTES, JUNE 24, 2002 Page 207 Page 199