MINUTES KITSAP COUNTY BOARD OF COMMISSIONERS August 19, 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, Acting Clerk of the Board, Kathy Brown 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) A Public hearing to consider a Petition to Vacate a portion of Vetter Road NE in the Plat of Poulsbo Heights filed by Suzanne T. Arness. The portion requesting to be vacated is approximately 14,479 square feet or 0.332 acres, is unopened and is not expected to be of use for the County Road system, pedestrian uses or park/greenway purposes in the foreseeable future. The proposed vacation is located in North Kitsap, Commissioner District No. 1. Jim Barnard, Department of Community Development - Engineering Division, posted a map of the site and gave a brief overview of the petition stating that Vetter Road is located east of old Hwy #3. He said no money is involved in this vacation because it is under the old County system in which tax title land is converted into the county road system. He said the right-of-way would be vacated thereby exposing the old tax title, however the applicant has also applied to purchase the tax title property. He said the applicant has also applied to vacate a portion of 1st Avenue as well as a portion of Commerce Street. Barnard said the applicant owns the acreage to the east of 1st Avenue. He said the Board should be aware that this site is located in the newly established City of Poulsbo urban growth area and that the petition has not yet been reviewed by the City. Suzanne Arness, applicant, said she has a slight disagreement with the county regarding lots 24-26 in that she did not believe that the county has tax title ownership over those lots and asked that they not be included as part of the tax title sale. Discussion was held between the Board and Arness regarding whether there was title insurance on the property, whether the tax title petition and the petition to vacate could be considered as one package, what happens to the old plat when the area is vacated, land description for the area and the provisions of the interlocal agreement with the City of Poulsbo. Gary Lindsey posted a map of the North Poulsbo Zoning Area and said the proposed vacation and tax title request lies within the boundary of the subject zoning area. Lindsey stated he supports the application except he wishes to maintain any Commerce Street right-of-way to the extent that it is 60-feet right-of-way. Lindsey is concerned whether the requested vacation exempts any property that abuts and is within 60-feet of the southern boundary of Commerce Street and whether the Board will ask the applicant to dedicate the southerly 10-feet of lot 37 which would complete Commerce Street as a 60-foot right-of-way. Lindsey felt there is some public benefit in allowing a portion of the vacation as it would allow the applicant to assemble her property. Discussion was held between the Board and Lindsey relative to how much access is off of Viking Way and whether Commerce Street intersects with Vetter Road. Commissioner Endresen suggested the Board continue this matter to September 16, 2002 and that prior to the hearing requested staff to submit: 1) additional information from the titles of lots 24-26 (the information presented by Arness as well as the record that staff is basing its presentation on; 2) additional information regarding the Commerce Street right-of-way; and 3) what area is being considered on 1st Avenue. Commissioner believes this matter should be considered as one package and said it would be helpful if the Board could receive copies of the deeds in chronological order with a summary. She asked the Development Engineering staff involved with this matter to read the interlocal agreement between the County and the City of Poulsbo to ensure that the County is following the terms of the agreement. Discussion was held between the Board and Barnard relative to receiving comments from the City of Poulsbo regarding the entire package and information on how this would affect lot 37. This matter is continued to September 16, 2002 for further discussion. OTHER BUSINESS AND CONSENT ITEMS: 1) MISCELLANEOUS ITEMS: A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board: A. Approve Minutes of August 12, 2002. B. Approve Warrant Nos. 3009908 through 3011988 in the amount of $2,347,393. C. Refer the following to the Prosecutor's Office and the Risk Manager: 1) Summons, Petition for Writ of Mandamus filed by Thomas E. Weaver and 2) Claim For Damages filed by Victoria Lynn Brazeau. Motion carried unanimously. 2) AUDITOR'S OFFICE: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopts Resolution No. 147-2002* thereby increasing the Change Fund for the Kitsap County Public Works Solid Waste Division Transfer Station Operations Fund. Net Fiscal Impact: $200. Source of Funds: KCPW Solid Waste Fund. Motion carried unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with Northwest Services Council (KC-414-02) for the Workforce Investment Act (WIA) Youth Program in Clallam and Jefferson counties for the period of July 1, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: WIA Federal pass through grant in the amount of $450,709. Motion carried unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Interlocal agreement with The Quileute Tribe (KC-230-02) to provide improved mental health services to local Native American communities for the period of June 1, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: DSHS Mental Health pass through contract in the amount of $7,150. Motion carried unanimously. C. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Interlocal agreement with The Port Gamble S'Klallam Tribe (KC-229-02) to provide improved mental health services to local Native American communities for the period of June 1, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: DSHS Mental Health pass through contract in the amount of $7,150. Motion carried unanimously. D. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with Educational Services District #114 (KC-403-02) for the Workforce Investment Act (WIA) Youth Program in Kitsap County for the period of July 1, 2002 through June 30, 2003. Net Fiscal Impact: $0. Source of Funds: WIA Federal pass through grant in the amount of $664,053. Motion carried unanimously. E. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract amendment with Agape Unlimited (KC-288-01B) increasing the contract funds for chemical dependency treatment services. Net Fiscal Impact: $0. Source of Funds: DSHS, Div. of Alcohol & Substance Abuse- increase in the amount of $48,816. Motion carried unanimously. F. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Memorandum of Understanding #5 to the Collective Bargaining Agreement with WA State Council of City & County Employees, Local 1308-S, AFSCME, AFL-CIO (KC-183-01E) for supervisory employees, removing a Public Works Department position from the bargaining unit and union representation. Net Fiscal Impact: No wage and wage- related costs associated with action. Source of Funds: N/A. Motion carried unanimously. G. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Memorandum of Understanding #14 to the Collective Bargaining Agreement with WA State Council of City & County Employees, Local 1308, AFSCME, AFL-CIO (KC-105-01"O") for courthouse employees, adopting a new job classification and classifying a newly budgeted position within the Waste Water Division of the Department of Public Works, effective July 1, 2002. Net Fiscal Impact: No additional wage and wage- related costs associated with action beyond the funding provided through the 2002 budget. Source of Funds: N/A. Motion carried unanimously. H. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the Memorandum of Understanding #4 to the Collective Bargaining Agreement with WA State Council of City & County Employees, Local 1308-S, AFSCME, AFL-CIO (KC-183-01D) for supervisory employees, re-classifying a position within the Assessor's Office. Net Fiscal Impact: $4,140. Source of Funds: $3,103 in savings to General Fund. Motion carried unanimously. 4) DEPARTMENT OF ADMINISTRATIVE SERVICES: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the employment contract with Richard Hanna (KC-459-02) to serve as Kitsap County Budget Manager. Net Fiscal Impact: $63,128 annually. Source of Funds: Administrative Services Fund. Motion carried unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with National Sign Corporation (KC-425-02) for signage for the Kitsap County Jail Expansion and Renovation, Bid Package 4.6. Net Fiscal Impact: $28,180. Source of Funds: Jail Construction Fund. Motion carried unanimously. C. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with R.T. Sides Landscaping (KC-419-02) for irrigation and landscaping work for the Kitsap County Jail Expansion and Renovation, Bid Package 4.6. Net Fiscal Impact: $112,921. Source of Funds: Jail Construction Fund. Motion carried unanimously. 5) DEPARTMENT OF COMMUNITY DEVELOPMENT: 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 approve and execute the contract with WA State Department of Ecology (KC-444-02) to complete the Chico Watershed Planning Project. Net Fiscal Impact: $0. Source of Funds: DOE Centennial Clean Water Fund. Motion carried unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract amendment with Golder Associates (KC-447-01A) for additional funding to conduct initial assessment of in- stream flows for Kitsap Peninsula Watershed Planning. Net Fiscal Impact: Net expenditure, $1,000. Source of Funds: DOE grant. Motion carried unanimously. 6) PARKS AND RECREATION DEPARTMENT: 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 approve and execute the contract with MacLeod Reckord Corp (KC-412-02) for design services for the Kitsap Special Events Center. Net Fiscal Impact: $0 for the design phase. Source of Funds: Parks Acquisition & Development Fund. 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 the contract with Great Peninsula Conservancy (KC- 377-02) for land acquisition services for the Stavis Bay Property. Net Fiscal Impact: $9,575-matching funds. Source of Funds: Conservation Futures Fund. Motion carried unanimously. 7) SHERIFF'S OFFICE-CORRECTIONS DIVISION: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve and execute the contract with Kitsap Mental Health Services (KC-157-02) to provide professional mental health services to prisoners incarcerated in the County Correctional Center. Net Fiscal Impact: Not to exceed $1,467/mo. Source of Funds: Jail General Fund, Prisoner Medical. Motion carried unanimously. 8) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Mary Bertrand, Chums of Barker Creek, gave a chronology update regarding the Salmon Recovery Board funding for the Barker Creek corridor. B. Marty Gothard, Fairgrounds Road resident, addressed the Board with concerns about the noise generated from Silver Spurs and fairground activities. C. Guy Stitt, Puget Sound Naval Base Association, thanked Commissioner Endresen for meeting with Navy leadership in Washington DC on behalf of the Naval bases in Kitsap County. D. Lauren Erickson and Frank Abbott, Fair Managers, reminded and invited the public to attend the Kitsap County Fair and Stampede this week, August 21 – 25, 2002. E. Richard Hayes, Kitsap Transit, commented on the bus routes to this year's fair. 9) 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 that the Board adopts Resolution No. 148-2002* thereby appointing Judy Oke 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 Endresen and seconded by Commissioner Angel that the Board adopt Resolution No. 149-2002* thereby re-appointing Jimmy James to the Kingston Ferry Advisory Committee term ending January 31, 2006. Net Fiscal Impact: N/A. Source of Funds: N/A. Motion carried unanimously. 10) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Endresen gave highlights of the Chief Seattle Days celebration. B. Commissioner Angel gave highlights of the Olalla Bluegrass Festival. C. Chair Botkin reported on the CK Community Council Visioning Workshop. The public meeting adjourned at 11:45 AM. Chair Botkin announced that the Board would go into executive session at the hour of 1:30 PM until 2:00 PM to discuss personnel issues and did not expect to reconvene the public meeting for additional business after the executive session. At 2:00PM, it was announced that an additional 15 minutes is needed for the executive session. At 2:15 PM the Board announced that an additional 15 minutes is needed for the executive session. The executive session ended at 2:30 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON TIM BOTKIN, CHAIR JAN ANGEL, COMMISSIONER CHRIS ENDRESEN, 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: 08/19/02 12:00 PM Lunch w/elected officials - Twetens 1:30 PM Executive Session – BCC Conference Room 2:00 PM Administrator's Briefing-BCC Conference Room 08/20/02 8:00 AM KRCC Executive Meeting – Poulsbo Mayor's Ofc 08/21/02 9:00 AM Work Study-Public Works 3rd Floor Conf Room 08/22/02 7:00 PM Kitsap County Rodeo – KC Fairgrounds THE NEXT MONDAY MEETING OF THE BOARD OF COMMISSIONERS WILL BE AUGUST 26, 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) AUGUST 26, 2002: SEPTEMBER 2, 2002: "Labor Day" – No Public Meeting SEPTEMBER 9, 2002: 10:00) Public hearing to consider an application filed by David & Kate Beal for Current Use Assessment Open Space on approximately 2.26- acres located at 700 State Hwy 308 in North Kitsap, Commissioner District No. 1. 10:00) Public hearing to consider an application filed by Pope Resources for Current Use Assessment Open Space on approximately 36.04- acres located in the center portion of Port Gamble in North Kitsap, Commissioner District No. 1. 10:00) Public hearing to consider an Ordinance adopting procedures for inspection and copying of public records maintained by the Board and its departments. SEPTEMBER 16, 2002: 10:00) Public hearing to consider a consider a Petition to Vacate a portion of NE Anna Road filed by Todd and Ashia Mills. The portion requesting to be vacated is approximately 1,200 square feet (40 feet wide by 30 feet long) and abuts the petitioner's parcel. The road is unopened and is not expected to be of use for the County Road system, pedestrian uses or park/greenway purposes in the foreseeable future. Establishment of an easement will maintain an existing electrical cable in the vacation area and approval of the vacation will not deny access to the abutting property owners. The proposed vacation is located in Central Kitsap, Commissioner District No. 3. 10:00) Public hearing to consider an Ordinance setting the speed limit for watercraft on Mission Lake. The proposed amendment will limit the speed of internal combustion engines using Mission Lake exclusively to a maximum of seven (7) miles per hour. 10:00) Public hearing to consider appeals filed by: 1) Ingrid Siedler, Monica Robbins, Marilyn Rafn, John & Linda Valley and 2) Jon Day of the Hearing Examiner's second decision rendered on July 19, 2002 to approve with Supplemental Findings of Fact, Conclusions of Law and Decision on Remand from Superior Court a Conditional use Permit, Zoning Code Variance, Critical Areas Variance, Shoreline Substantial Development Permit and Shoreline Conditional Use Permit submitted by Jim & Cathy Hayes for the Hood Canal Oyster Processing Plant, an oyster processing plant fronting the northwest side of Seabeck Bay along the Hood Canal in Central Kitsap, Commissioner District No. 3. SEPTEMBER 23, 2002: SEPTEMBER 30, 2002: "5th Monday" – No Public Meeting KITSAP COUNTY COMMISSIONERS MINUTES, AUGUST 19, 2002 Page 246 Page 238