M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS August 23, 2004 The Board of Commissioners met on the above-stated date. Present were Chair Patty Lent, Commissioner Chris Endresen, Commissioner Jan Angel, County Administrator Malcolm Fleming and Clerk of the Board Opal Robertson. (THE BOARD OF COMMISSIONERS' PUBLIC MEETINGS AND PUBLIC HEARINGS ARE AUDIO AND VIDEO TAPED). 10:00) Meeting Called to Order with Pledge of Allegiance. PROCLAMATIONS/RESOLUTIONS/RECOGNITION: 10:00 – 1 Employee Service Awards. Staff Contact: Tammy Dillinger, 337-7185. Congratulations and Certificates of Appreciation were presented to the following employees for their years of service to Kitsap County: Terry Cousins, Corrections Sergeant and Holly Peterson, Facilities, Parks and Recreation. 10:00 - 2 Proclamation designating the first week of September of each year as District IV, Washington State Youth Soccer Association Soccer Volunteer Week in Kitsap County. Total Fiscal Impact: NA. Source of Funds: N/A Staff Contact: Opal Robertson 337-4428. Discussion was held, comments received and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts Resolution No. 118-2004* thereby designating the first week of September of each year as District IV, Washington State Youth Soccer Association Soccer Volunteer Week in Kitsap County. Motion carries unanimously. 10:00 – 3 Resolution proclaiming September 27, 2004 as the First Annual Family Day in Kitsap County. Total Fiscal Impact: NA. Source of Funds: N/A. Staff Contact: Debbie Austin 337-7097. Discussion was held, comments received and hearing no objection, a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board adopts Resolution No. 119-2004* thereby proclaiming September 27, 2004 as the First Annual Family Day in Kitsap County. Motion carries unanimously. 10:00 – 4 Resolution reappointing Tyson Depoe representing District #2 and Helen Daly representing District #3 to the Open Space Parks and Greenways Advisory Council (OSPAG) to 3-year terms ending August 12, 2007. Total Fiscal Impact: NA. Source of Funds: N/A. Staff Contact: Jan Koske 337-4650 and Joseph Coppo 337- 5355 (ITEM PULLED). Chair Lent states that the Open Space Parks and Greenways Advisory Council (OSPAG) is re-organizing and working with Code 2.24.010 for formation of the re- organized Board. She said it would be a Park and Recreation Advisory Board rather than OSPAG. She said these appointments are being withheld until re-organization has moved forward. ITEMS SET FOR TIME CERTAIN: 10:00) A Closed Record Remand Hearing from Kitsap County Superior Court to consider amending the Board's decision on an appeal of the Hearing Examiner decision to grant subject to conditions a Conditional Use Permit for the Silverdale Pee Wee's Central Valley Annex Ball Field located at the southwest corner of the intersection of Central Valley and Paulson Roads in North Kitsap, Commissioner District #1. Staff Contact: Phil Bacus, 337-7271. Chair Lent states this is a Closed Record hearing and the Board would receive comments on the record only. Phil Bacus, Prosecutor's Office, said this matter was before the Board approximately two years ago and subsequently appealed to Superior Court. He said Superior Court partially affirmed and partially reversed the Hearing Examiner's initial decision for a permit to use two youth practice baseball fields for the Silverdale Pee Wees. He believes the Hearing Examiner's decision could be interpreted to allow use for other sports or baseball games which was one of the grounds the Superior Court reversed the Board's decision stating the application would have to go through the permit process again if the fields were used other than for practice fields. Bacus said a Habitat Management Plan should have also been submitted per the Superior Court remand order. He recommends the Board adopt a decision in conformance with the Superior Court Order. David Wixon submits a list of the history of the use of the practice fields as well as infractions. He questions why the County had not enforced the infractions. Don Nyswonger submits his written comments as well as a letter from a neighbor, Dion Ligon. He requests that "No Parking" signs be posted along NW Paulson Road from Central Valley Road where the ball field begins to the end of the county maintained portion of that road. Richard Mitchell lives in the area and concurs with comments made by Wixon and Nyswonger. He is also concerned about the trash left in ball field area after use of the field. Cornelius Ross, Silverdale Pee Wees, said the Pee Wees were not responsible for the beer bottles left in the area and did not have any control over that kind of trash. He said they did not anticipate running games - just practices only and the start times are staggered. He said there are generally 10-12 cars dropping kids off for practice but they leave immediately. He said they have had no problem with parking. Ross thanked the county for help on this project. Chair Lent closes the hearing. Discussion was held among the Board regarding proposed violations in the area, the "no parking" issue not being a part of the Superior Court remand order, the Conditional Use Permit application process, modification of the Board's previous decision and use of the practice field. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board modify its decision as ordered from Superior Court (see Board's modified written decision). Motion carries unanimously. 10:00) B Closed Record Hearing to consider an appeal filed by Terry Patterson and Jeff Owen of the Hearing Examiner's decision to approve subject to conditions the request for a Conditional Use Permit and Wetland Buffer Variance allowing the construction of the Kingston High School, a 113,000 square foot campus on a 62.5-acre site. The proposed project is located at 9918 NE Kingston Road north of NE West Kingston Road in North Kitsap, Commissioner District #1. Staff Contact: Jeff Smith, 337-7022. Jeff Smith, Department of Community Development, said on June 10, 2004 a public hearing was conducted before the Hearing Examiner for the North Kitsap School District's (NKSD) request for a Conditional Use Permit and a Variance allowing for a 50% buffer reduction of a Category III wetland for the new high school campus. He said the subject property is within the Kingston Urban Growth Area with the east side of the project site zoned Urban Low Residential and the west side zoned Urban Restricted. Smith said a northeast portion of the site is within Nike Park, a former missile site used between 1954 and 1976. He said NKSD was lead agency for environmental review for the project and has prepared an Environmental Impact Statement that incorporates alternative analysis that includes analysis of probable significant environmental impacts pursuant to WAC 197-11- 922 lead agency rules. Smith said the Hearing Examiner issued a decision on July 16, 2004, granting approval of the Conditional Use Permit and the wetland buffer variance. He said an appeal was filed by Terry Patterson and Jeff Owens of the Hearing Examiner's decision to grant the permit subject to conditions. Smith then summarized the thirteen (13) issues listed in the appeal. Smith said the Board could uphold, remand or reverse the Hearing Examiner's decision. Chair Lent and Commissioner Endresen explain the closed record appeal process. Jeff Owens, Appellant, submits information to the Board and states that Terry Patterson is unable to attend today's hearing. He said this appeal is based on many issues that he felt were not fully addressed by the Hearing Examiner or on recommended conditions that have not been met. Owens said the Hearing Examiner basing his decision on testimony and documents supplied by him and others placed a proviso on the issuance of permits in that the EPA findings were to show that it was safe to place a school on the Nike site. He said the EPA has been unable to give such an assurance. Owens said 17 canisters of hydrazine were discovered two years after building on the site and given the fact that military personnel who used this powerful oxidizer and other fuels at Nike sites were well aware of the devastating effects that would result from human contact, it is likely that unauthorized dumping of such chemical would probably have been as far away from the work area as possible. He also had concerns about the drainage pipe found by the EPA at the Kingston site that leads from the silo area to the wetlands in that the pipe appears to travel beyond the fence line. He said apparently, only the outlet of this pipe was investigated and any residue would have been washed clean over the years by the seasonal tidal effects as the wetlands fill and empty. Owens said the original Corp of Engineers reports that have been a major part of this controversy clearly shows engineers hand written comments that they were unable to reach certain places to be tested because of obstructions or bends in the pipes. He said he had been advised by NKSD and other sources that the silos at Kingston were filled and then sealed with a concrete cap but no firm evidence of that exists. Owens further said there are no records to confirm exactly what filler was dumped into the silos before they closed. He believes the silos should be investigated properly or the school district should move to another location. He requests that the Board grant their appeal and deny all NKSD permits until such time as this site has been fully and properly investigated. Robin Shoemaker, North Kitsap School District, said the proposed high school is approximately 113,000 square feet and would house approximately 800 students in the first phase. She said the FEIS was concluded on May 6, 2004 and there were no appeals. She said there is two parcels involved, the one to the east is the Nike piece and that NKSD has owned the property since the 1970's. She said a bus transportation facility and the silos exist on this portion and that it also houses NKSD Spectrum School. Shoemaker said a few of the buildings associated with the Nike Site have been demolished and removed and the Corp of Engineers continues to test and clean up the site as some old fuel tanks were also removed. She said there has been no real recorded evidence of contamination and all of the work by the Corp of Engineers concluded in 1992 and is documented as part of the record. She said NKSD engaged Kane Environmental who did a significant amount of testing in the vicinity on both soil and groundwater and concluded their report "with no further action". Shoemaker said at the same time Kane did it's testing, a community member petitioned the EPA and they started an investigation in the fall of last year. She said the EPA report was concluded on July 16, 2004 and they have not noted contaminants of concern. She said they would be doing further surface level investigation and so would the Department of Health. Discussion was held between the Board and Owens regarding the Hearing Examiner failing to specify a separate set of conditions for urban restricted zones vs. other zones, whether the EPA requirements have been met, extensive testing of the area, the process if hazardous material is found on the site, radiation test results and the guidelines for Closed Record Appeal hearings. Robin Shoemaker said NKSD has not had the opportunity to review the appellant's written submittal and if issues were raised that were not heard at the Hearing Examiner's level, the District objects and believes the Board of Commissioners should not consider any new information. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board continue the hearing to August 30, 2004 at the hour of 9:00 AM; said matter for decision only. Motion carries unanimously. OPPORTUNITY FOR PUBLIC COMMENTS ON AGENDA ITEMS ONLY: (Please limit comments to 2minutes) A. Chair Lent explains that the Sheriff's Deputy Guild and representatives from other union units were present in an informational demonstration to express their interest in completing contract negotiations. She said although the Board have and continues to listen to the concerns and issues raised, the Board is not able to respond to the comments this morning. OTHER BUSINESS AND CONSENT ITEMS: A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approve the Consent Agenda except Items: 2B, 4 A, and 7B. 1) MISCELLANEOUS ITEMS: A. Approve Minutes of August 2, 9, and 10, 2004. B. Approve Warrant Nos. 3137399 through 3138530 in the amount of $3,001,643.43. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Claim for Damages filed by Bob Scott. Motion carries unanimously. 2) DEPARTMENT OF COMMUNITY DEVELOPMENT: A. Discussion was held, comments received and a motion was made by Chair Lent and seconded by Commissioner Endresen that the Board adopts Resolution No.120-2004* thereby providing an exception to the Kitsap County Consolidated Housing Authority for the redevelopment of the Poplar's Motel site in Central Kitsap Commissioner District #3. Total Fiscal Impact: N/A. Source of Funds: N/A. Staff Contact: Eric Baker, 337-4495. Motion carries. Commissioner Angel votes No. B. Discussion was held, comments received and hearing no objection a motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the contract with WA State Department of Community Development, Trade and Economic Development (KC-277-04) for data collection to be used in the Buildable Lands Analysis Report. Total Fiscal Impact: $70,000. Source of Funds: CTED Grant. Staff Contact: Laura Ditmer, 337-4848. Motion carries unanimously. C. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves the Binding Site Plan for Bethel Centre in South Kitsap Commissioner District #2. Total Fiscal Impact: N/A. Source of Funds: N/A. Staff Contact: Jim Barnard, 337-4544 x3636. Motion carries unanimously. 3) DEPARTMENT OF PERSONNEL AND HUMAN SERVICES: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the interlocal agreement with the Department of Social and Health Services (KC-326-04) for Basic Health Medical Insurance Reimbursement for the period of July 1, 2004 through June 30, 2005. Total Fiscal Impact: No maximum consideration, expenditure for program and administrative services is 100% grant funded. Source of Funds: DSHS. Staff Contact: Paul L. Urlie 337-7086. Motion carries unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the interlocal agreement amendment with the Hoh Tribe (KC-320-03A) extending the period of contract performance by an additional two months. Total Fiscal Impact: N/A. Source of Funds: Grant funded. Staff Contact: Anders Edgerton 337-4886 and Steve Frazier 337-7185 x3526. Motion carries unanimously. C. Discussion was held, comments received and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the interlocal agreement with the Bremerton Parks and Recreation Department (KC-209-04) for an integrated summer camp program that is accessible to children with developmental disabilities for the period of July 1, 2004 through August 31, 2004. Total Fiscal Impact: $5,000 Source of Funds: DDD Family Support Grant. Staff Contact: Doug Washburn 337-4872 and Steve Frazier 337-7185 x3526. Motion carries unanimously. 4) PUBLIC WORKS DEPARTMENT: A. Discussion was held, comments received and hearing no objection, a motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves Resolution No. 121-2004* thereby authorizing the Chair of the Board to execute the contract when awarded for the construction of the Clear Creek Bicycle Trail in Central Kitsap Commissioner District #3. Total Fiscal Impact: $750,000. Source of Funds: $400,000 in Roads Fund and $350,000 in Federal Funds. Staff Contact: Jonathon Brand, 337-5777 x4893. Motion carries unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves Resolution No. 122-2004* thereby authorizing the County Engineer to proceed with County Road Project #3604, NW Coho Run extension in Central Kitsap Commissioner District #3. Total Fiscal Impact: $110,300. Source of Funds: Road Fund. Staff Contact: Dick Dadisman, 337-5777 x3556. Motion carries unanimously. C. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the contract with Cosmopolitan Engineering Group, Inc. (KC-316-04) for the Manchester Main Street Outfall Improvements Final Design in South Kitsap Commissioner District #2. Total Fiscal Impact: $124,987. Source of Funds: SSWM CIP. Staff Contact: Michael McCarthy, 337-5777 x3348. Motion carries unanimously. 5) SHERIFF'S OFFICE: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the lease agreement amendment with Martha J. Barrett (KC-473-03B) for rental of the Sheriff's Office space in Kingston in North Kitsap Commissioner District # 1. Total Fiscal Impact: $64,380 ($20,556 for 2004; $21,912 for 2005 and 2006. Source of Funds: Sheriff's Patrol. Staff Contact: Dennis Bonneville, 337-7145. Motion carries unanimously. 6) CENTRAL COMMUNICATIONS: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the contract with WA State Military (KC-394-04) to receive grant funding for the unique Homeland Security needs of local emergency responders. Total Fiscal Impact: $1,443,939. Source of Funds: Federal grant from the Department of Homeland Security (DHS) under the Office for Domestic Preparedness (ODP). Staff Contact: Phyllis Mann, 616- 5870. Motion carries unanimously. B. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and executes the interlocal agreement amendment with Jefferson County (KC-392-03B) to increase funding for Homeland Security in Jefferson County from Region 2 Homeland Security Regional Council Funds. Total Fiscal Impact: $133,749. Source of Funds: Federal Grant. Staff Contact: Phyllis Mann 616-5870. Motion carries unanimously. 7) ADMINISTRATIVE SERVICES DEPARTMENT: A. A motion was made by Commissioner Angel and seconded by Commissioner Endresen that the Board approves and signs the Letter to the Presiding Judge of Superior Court authorizing an eighth Superior Court Judge's position in Kitsap County. Total Fiscal Impact: A minimum of $250,000 annually. Source of Funds: General Fund. Staff Contact: Ben Holland, 337-4504. Motion carries unanimously. B. Discussion was held, comments received and a motion was made by Chair Lent and seconded by Commissioner Endresen that the Board adopts Resolution No. 123-2004* thereby authorizing the Chair of the Board to execute a Contingent Loan Agreement with the Kitsap County Consolidated Housing Authority to provide assistance in the payment of bonds issued to finance the acquisition and rehabilitation of the Poplars Apartment project. Total Fiscal Impact: $0 – as long as the KCCHA meets it debt service obligation. Source of Funds: N/A. Staff Contact: Ben Holland, 337-4504. Motion carries. Commissioner Angel votes No. 8) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Jim Trainer asks the Board to consider sponsoring a Heritage Tree Recognition Program in Kitsap County. 9) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Angel said she attended/participated in or will be attending the following meetings: Port Orchard Rotary, Etta Turner Park Groundbreaking, Puget Sound Regional Council Economic Development District meeting, WSAC Board meeting, Board of Health Budget Financing Committee meeting and "A Daughter's Prayer" Ribbon Cutting Ceremony. B. Commissioner Endresen said she attended/participated in or will be attending the following meetings: Bainbridge Senior Center Board Meeting, Legislative Steering Committee meeting, Etta Turner Park Groundbreaking, Chief Sealth Memorial ceremony, Levitz Furniture Store Grand Opening, Old Man House Park Ceremony, Kitsap Consolidated Housing Authority Board meeting, Transit Board Meeting, the Kitsap County Fair & Rodeo, Change of Command for the USS Alaska and B.I. Environmental Forum. C. Chair Lent said she attended/participated in or will be attending the following meetings: Drug Court Graduation, Fish & Wildlife meeting, Kitsap Consolidated Housing Authority Board meeting, PUD quarterly meeting, Boys & Girls Club meeting, Bremerton Schools Fundraiser meeting and the Kitsap County Fair & Rodeo. D. The Board convened into executive session from 1:30 PM – 2:00PM to discuss potential litigation and again from 2:00 PM – 2:30 PM to discuss Performance of a public employee. Public meeting portion adjourned at 12:00 Noon. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON __________________________________ PATTY LENT, CHAIR _________________ CHRIS ENDRESEN, COMMISSIONER __________________________________ JAN ANGEL, COMMISSIONER ATTEST: OPAL ROBERTSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 59 ** See Ordinance Journal Volume No. 13 OTHER MEETINGS ATTENDED BY THE BOARD: 08/23/04 12:00 PM Lunch 1:30 PM Exec Session (Labor Relations) BOCC Conference Room 2:00 PM Exec Session (Employee Performance Eval) BCC Conf Rm 2:30 PM Admin Briefing - BOCC Conference Room 08/24/04 8:00 AM KCCHA Meeting – Housing Authority Office 10:00 AM Fish & Wildlife Meeting – BOCC Conference Room 12:00 PM Special Transit Board Meeting – Twetens 1:30 PM PUD Quarterly Meeting – BOCC Conference Room 08/25/04 8:30 AM BCC Work Study Session – BOCC Conference Room 9:30 AM WSDOT Peninsula Regional Planning Mtg-Port Orchard 12:00 PM "Meth" Campaign Launch – Fairgrounds 08/25-29/04 Kitsap County Fair and Rodeo 08/30/04 10:00 AM Admin Briefing – BOCC Conference Room 12:00 PM Lunch with Elected Officials 1:30 PM Exec Session (Employee Performance Eval) BCC Conf Rm 2:30 PM Admin Briefing – BOCC Conference Room 09/01/04 8:30 AM Work Study Session- PW 3rd Floor Conference Room 09/05/04 9:00 AM "Blackberry Festival"-Bremerton Waterfront 09/06/04 Labor Day Holiday (office closed) 09/08/04 8:00 AM Work Study Session- PW 3rd Floor Conference Room 09/09/04 8:00 AM Women's Conference – Clearwater Casino 09/10/04 6:00 PM Annual Mental Health Dinner – Bremerton Conf Ctr. NEXT REGULAR BOARD OF COMMISSIONERS MEETING WILL BE HELD ON September 13, 2004. 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) September 13, 2004: 10:00 A) Public hearing to consider a Resolution authorizing the intent to sell and move county property from an existing lot, at public auction, a 100-year old house located at 9779 Poplars Avenue in Central Kitsap Commissioner District #3. Staff Contact: R'lene Orr, 337-4410. KITSAP COUNTY COMMISSIONERS MINUTES, AUGUST 23, 2004 Page 233 Page 224