M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS April 26, 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. Congratulations and Certificates of Appreciation were presented to Jeannie Vaughn, Community Development and Opal Robertson, Commissioners Office for their years of service to Kitsap County. 10:00 – 2 Earth Day Awards presentation to recognize individuals and organizations for their excellence in environmental stewardship. Staff Contact: Gretchen Olsen, 337-4626. Vicki Bushnell, Solid Waste Division, gave a brief overview of the awards program and introduced the recipients; Yes! Magazine/Positive Futures Network – Sustainability Award; Bob Dressel/North Mason Fibers – Organics Waste Management Award; Bobbie Morgan and Cara Cruickshank – Toxic Reduction/Household or Community Award; Bainbridge Gardens – Toxic Reduction/Commercial or Institutional; CK School District – Clean Kitsap Award; Ann Paoletti and Sand Marzolf – Environmental Education Award; Kitsap County Parks – Waste Wise Kitsap Award; and Amy vanFossen, Kathy Morse, Linda Heys and Barbara Hager – Compost Queens Award. 10:00 – 3 Proclamation designating May 6, 2004 as a Day of Prayer in Kitsap County. Staff Contact: Deborah Heller, 337-4667. 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. 055-2004* there by designating May 6, 2004 as a Day of Prayer in Kitsap County. Motion carries unanimously. 10:00 – 4 Resolution proclaiming the week of April 11–17, 2004 as Sexual Assault Awareness Week in Kitsap County. Staff Contact: Terrie O'Neill, 337-4481. 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 adopts Resolution No. 056-2004* thereby proclaiming the week of April 11–17, 2004 as Sexual Assault Awareness Week in Kitsap County. Motion carries unanimously. 10:00 – 5 Resolution proclaiming the week of April 18-24, 2004 as National Counties Week in Kitsap County. Staff Contact: Terrie O'Neill, 337-4481. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Lent and seconded by Commissioner Angel that the Boards adopts Resolution No. 057-2004* thereby proclaiming the week of April 18-24, 2004 as National Counties Week in Kitsap County. Motion carries unanimously. 10:00 – 6 Resolution proclaiming May 8, 2004 as "Sammy Quinn & Kathleen Sutton Day" in Kingston, WA. Staff Contact: Kathy Brown, 337-4426. 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 adopts Resolution No. 058-2004* thereby proclaiming May 8, 2004 as "Sammy Quinn & Kathleen Sutton Day" in Kingston, WA. Motion carries unanimously. ITEMS SET FOR TIME CERTAIN: 10:00) A Public hearing to consider a Kitsap County Ordinance establishing a temporary emergency speed limit reduction of 25 MPH on a portion of NW Newberry Hill Road during road construction not to extend beyond November 30, 2004 at which time the speed limit will revert back to 35 MPH after road construction completion. The road project is located in Central Kitsap, Commissioner District #3. Total Fiscal Impact: $250 for minimal staff time. Source of Funds: Road Fund. Staff Contact: Steve Johnson, 337-5777. Steve Johnson, Public Works, gave a brief overview of the proposed Ordinance. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Lent and seconded by Commissioner Angel that the Board enacts Ordinance No. 317-2004** there by establishing a temporary emergency speed limit reduction of 25 MPH on a portion of NW Newberry Hill Road during road construction not to extend beyond November 30, 2004 at which time the speed limit will revert back to 35 MPH after road construction completion. Motion carries unanimously. 10:00) B Public hearing to consider a Kitsap County Ordinance increasing the speed limit to 40 MPH on a portion of NW Anderson Hill Road from Olympic View Road NW west for 2.738 miles to Seabeck Highway NW in Central Kitsap, Commissioner District #3. Total Fiscal Impact: $1,150 for minimal staff time. Source of Funds: Road Fund. Staff Contact: Steve Johnson, 337-5777. Steve Johnson, Public Works, gave a brief overview of the proposed Ordinance. Discussion was held, comments called for and hearing no objection, a motion was made by Chair Lent and seconded by Commissioner Angel that the Board enacts Ordinance No. 318-2004** there by increasing the speed limit to 40 MPH on a portion of NW Anderson Hill Road from Olympic View Road NW west for 2.738 miles to Seabeck Highway NW in Central Kitsap. Motion carries unanimously. 10:00) C Public hearing to consider a Conditional Waiver Application filed by Wade Brunette from View Blockage Requirements of Kitsap County Code Chapter 17.450. The proposed project is located in North Kitsap, Commissioner District #1. Staff Contact: Renee Beam, 337-4967. Commissioner Endresen disclosed that her in-laws owned a lot in the area next to the Bubars' resident but did not believe this it would affect her ruling on this matter. Eric Baker, Community Development, gave an overview of the proposed application stating that the county has provisions for a conditional waiver in that a property owner may request such a waiver from the Board of Commissioners based on four criteria as listed in Kitsap County Code, Chapter 17.450. He said staff did an analysis based on the criteria and submitted the findings to the Board. Baker said the proposal is to enclose an existing deck that already extends beyond the view line as well as add an additional deck onto the front that is also beyond the view line. Relative to criteria #1, Baker said there are a ravine and a drainfield creating the hardship and the two design issues were not generally applicable to other properties in the area. Relative to criteria #2, he said the need for the waiver had not been created by the applicant but by the two adjacent properties. Relative to criteria #3, Baker said both the Shoreline Management Act and the Kitsap County Shoreline Management Master Program have protection against blocking views of the existing shorelines and that there were trees and vegetation already in the area that creates an existing view blockage situation which the applicant's new addition would not substantially exacerbate. Relative to criteria #4, Baker said there were letters in the record from adjacent property owners, Paeth and Bubar indicating they had no objection to the development as proposed. Based on the criteria, Baker asked the Board to approve the conditional waiver for expansion as proposed by the applicant. Wade Brunette, Applicant, posted pictures of the proposed site and explained the photographs and his reasons for the conditional waiver request. Linda Brandt, Architect for Applicant, said the house was originally built as a weekend – summerhouse and the applicants were not attempting to build anything gigantic but wanted to build something suitable for family gatherings. Commissioner Endresen said there were a lot of building restrictions on this property and others in the area but the conditional waiver application meets the criteria set forth in the code. She said the fact that the neighbors had written letters was helpful. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves the Brunette conditional waiver application as presented and outlined in the staff report. Motion carries unanimously. 10:00) D Continuation of the public hearing to consider an Ordinance amending Kitsap County Code Chapter 12.40 relating to Equivalent Service Units and Rates and Repealing Resolution No. 375-1994. Total Fiscal Impact: $1,170,421 in additional revenue for 2005 - 2006-2009 revenue will change with adjustments for inflation. Source of Funds: Road, General and SSWM Funds. Staff Contact: Dave Tucker, 337-7292. Dave Tucker, Public Works Surface and Stormwater Division, said the rate ordinance consists mainly two components, one maintains existing services and the other expands and adds additional services. Tucker then gave an overview of the existing SSWM program services. Discussion was held between the Board and Tucker regarding monies allocated to the Health District from the SSWM program, un-funded mandates, current fee, how the watershed planning monies are distributed, itemized fund list of SSWM services, capital projects, the budget process for next year, the R.W. Beck audit and a possible performance audit. Vivian Henderson said she supports the management of stormwater and flooding, the Conservation District and the Health District but she is concerned about the expansion of the SSWM program into watershed and basin planning as well as what the current program is doing. Tim Matthes said he has seen the new SSWM complex and did not believe that that type of building was built with saving money in mind. He said taxpayers needed to vote no on the fee increase. Dave Dixon, Public Works, clarified that the Public Works annex referenced by Matthes houses not only the SSWM Division but also the Traffic Operations Division and the Wastewater Collection Division. Jerry Deeter, Health District, said relative to the wellhead protection program, it is only $22,000 but it does more than just protect the group "B" wells it locates all wells in the county in order for them to be listed on each parcel of property. He said this speeds the application process when staff is reviewing a building permit. Merton Cooper said he would rather pay for a performance audit than a fee increase. Carla Pizzano, Conservation District, said she is also in favor of a "break down" sheet listing services provided by SSWM and that approximately $3 of the $45 assessment goes to the Conservation District. Harvey Hubert submitted a copy of the Chico Creek Wildlife Corridor and said he is opposed to SSWM including any watershed planning and buying the wildlife corridor. He said he has never received a phone call indicating that his property was being included in the corridor. Jim Bolger, Natural Resources Program Manager, clarified that Natural Resources receives approximately $2.50 of the $45 assessment and that funds half of the Natural Resources section. He said the watershed planning element encompasses looking at the non-point source pollution management plans developed in the '90's and the WRIA plan is a peninsula wide effort that includes Kitsap, Pierce, Mason and King counties. Chair Lent closes the public comment portion on this matter. Discussion was held among the Board members regarding "breakdown" of the cost centers, this being an excellent program, the budget process, water quality in the county, adjusting for the inflation factor and performance audit. A motion was made by Commissioner Endresen and seconded by Chair Lent that the Board enact Ordinance No. 319-2004** thereby amending Kitsap County Code Chapter 12.40 relating to Equivalent Service Units and Rates and Repealing Resolution No. 375- 1994 to increase the fee by $2.50 per year for 2005/2006 and instituting a performance audit of the program at the earliest convenience. Motion carries. Commissioner Angel votes "No". 10:00) E Continuation of the public hearing to consider an Ordinance modifying the Surface and Stormwater Management (SSWM) Program Elements of Kitsap County Code Section 12.36.050. Total Fiscal Impact: $365,000 in 2005 with adjustments for inflation for 2006-2009. Source of Funds: SSWM Fund. Staff Contact: Dave Tucker, 337-7292. No action taken by the Board on this proposed ordinance. OPPORTUNITY FOR PUBLIC COMMENTS ON AGENDA ITEMS ONLY: (Please limit comments to 2minutes) A. John Ahlers, Tom Absher and Tom Groff addressed the Board with concerns about agenda item 2.B – Contract with Swinerton Builders Northwest. 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 April 12, 2004. B. Approve Warrant Nos. 3117276 through 3118619 in the amount of $3,122,453.22. C. Refer to the Prosecutor's Office and the Risk Manager: 1) Summons, Complaint for Declaratory Judgment and Minute Order Regarding Initial Disclosures, Joint Status Report and Early Settlement filed by Travelers Casualty and Surety Company of America; 2) Claim for Damages filed Lawrence Sylvester Schmitt; 3) Claim for Damages filed by CMR Qwest; 4) Complaint for Damages filed by Brad Barrie; and 5) Claim for Damages filed by Magdalina Vergeson. Motion carries unanimously. 2) FACILITIES, PARKS & RECREATION: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract amendment with Snyder Hartung Kane Strauss Architects, PS Inc (KC-134-03B) for design services the Kitsap County Courthouse entrance remodel. Total Fiscal Impact: $25,000. Source of Funds: Admin Building Project Fund. Staff Contact: Karen Ross, 337- 4695. Motion carries unanimously. B. 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 approves and executes the contract with Swinerton Builders Northwest Inc (KC-148-04) for construction of the Kitsap County Administration Building. Total Fiscal Impact: $16,875,000. Source of Funds: Admin Building Fund. Staff Contact: Karen Ross, 337-4695. Motion carries unanimously. C. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract with General Testing Laboratories, Inc (KC-133-04) for special inspection services for the Kitsap County Administration Building. Total Fiscal Impact: $75,000. Source of Funds: Admin Building Project Fund. Staff Contact: Karen Ross, 337-4695. Motion carries 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 Collective Bargaining Agreement amendment with Operating Engineers Local 302, Teamsters Local 589, IAM & AW District 160 Local 282, Laborers Union Local 252 (KC-515-03A) known as the Council of Public Works Unions regarding "standby pay" for Traffic Signal Technicians in the Teamsters Local 589 bargaining unit. Total Fiscal Impact: $3,366 for 2004. Source of Funds: County Road & ER&R Funds. Staff Contact: Bert Furuta 337-7185. Motion carries unanimously. 4) CENTRAL COMMUNICATIONS DIVISION: A. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the Contract amendment with State of WA Military Department (KC-275-03A) for CENCOM to receive financial assistance for expenses necessary to answer wire line enhanced 911 calls. Total Fiscal Impact: $92,333. Source of Funds: WA State Military Dept. Staff Contact: Ron McAffee, 616-5810. Motion carries unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the interlocal agreement amendment with Clallam County (KC-391-03A) to increase funding for Homeland Security from Region 2 Homeland Security Regional Council funds. Total Fiscal Impact: $4,000 in Grant funding. Source of Funds: Federal Grant. Staff Contact: Phyllis Mann, 616-5870. Motion carries unanimously. C. Discussion was held, comments called for and hearing no objection, motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the contract amendment with Radio Mobile (KC- 285-03A) to re-write the software interface between the Mobile Computer Terminal Switch and the Computer Aided Dispatch system. Total Fiscal Impact: $20,000. Source of Funds: LTGO Bond Fund. Staff Contact: Ron McAffee, 616-5810. Motion carries 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 Hisey Construction (KC-088-04) for upgrades to Pump Stations 3,4,6 & 17. Total Fiscal Impact: $643,998. Source of Funds: Sewer Construction Fund. Staff Contact: Barbara Zaroff 337-3663. Motion carries unanimously. B. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board approves and executes the Petition to sell tax title land filed by Mike Hayes for Lot 26, Block 12 of the Plat of Manchester Heights Division 2 in South Kitsap, Commissioner District #2. Total Fiscal Impact: $2,200. Source of Funds: Requestor/Minimum Bid. Staff Contact: Molly Foster, 337-3686. Motion carries unanimously. 6) JUVENILE SERVICES DIVISION: 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 with the State of Washington DSHS (KC-083-04) to provide funds to the Juvenile Department for consolidated juvenile services. Total Fiscal Impact: Up to $1,140,700 for the period of July 1, 2003 – June 30, 2005 from the General Fund during the contract period – fully offset by $1,140,700 to the General Fund during the same period. Source of Funds: WA DSHS. Staff Contact: Patty Bronson, 337-5407. Motion carries unanimously. 7) OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: (Please limit comments to 3 to 5 minutes) A. Cindy Rasmussen and Matt Cleverly addressed the Board with concerns about the transfer of ownership of Old Man House State Park. B. Scott Henden addressed the Board with concerns about the use of Conservation Futures Funds. C. Mike Eliason addressed the Board with concerns about the status of Planning Director's position, the Swinerton construction bid and a county performance audit. D. Tim Matthes addressed the Board with concerns about the county's furniture amnesty day and a county performance audit. E. Carl Bohlin addressed the Board with concerns about traffic, air quality and noise levels during the construction of the Retsil Veterans Home. 8) BOARD OF COMMISSIONER'S COMMENTS: A. Commissioner Angel said she attended/participated or will be attending the following meetings: Viking Fest Pageant, Visit to Old Man House State Park, joint meeting with the City of Port Orchard, Telecom Conference, Economic Development Board Meeting, Tour of Poulsbo Sprint Office, Tour of Yang's Botanical Gardens, Bremerton Chamber Tyee Awards Ceremony, Volunteer Luncheon, Bremerton Chamber of Commerce meeting, Sheriff's Office Awards program, WSAC Western District meeting, Sea Gull Calling Event and an International Trade meeting. B. Commissioner Endresen said she attended/participated or will be attending the following meetings: Viking Fest Pageant, went to DC with the Puget Sound Naval Base Association, Paladin Data Systems meeting, prescription drug bill meeting, Tour of the USS Ohio and the Bremerton Chamber Tyee Awards Ceremony. C. Chair Lent said she attended/participated or will be attending the following meetings: Substance Abuse Advisory Board meeting, Women of Achievement Luncheon and the County Road Administration Board Meeting. Public meeting adjourned at 1:50 PM. 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: 04/26/04 1:45 PM Exec Session (pursuant to RCW 42.30.110) – BOCC Conf Rm 2:30 PM Admin Briefing – BOCC Conference Room 04/27/04 9:00 AM Natural Resources Meeting - BOCC Conference Room 11:00 AM Women of Achievement Lunch-Kitsap Golf &CC 2:15 PM PUD Quarterly Meeting – PUD Office 04/28/04 8:30 AM BCC Work Study Session – PW 3rd Floor Conf Room 05/03/04 10:00 AM Admin Briefing - BOCC Conf Room 12:00 PM Lunch with Elected Officials 2:00 PM Admin Briefing – BOCC Conf Room 05/04/04 8:00 AM Kitsap Executive Council – Government Center 05/05/04 8:30 AM BCC Work Study Session – PW 3rd Floor Conf Room 2:00 PM WSAC Board Retreat – Leavenworth, WA 05/6-7/04 8:00 AM WSAC Board Retreat – Leavenworth, WA NEXT REGULAR BOARD OF COMMISSIONERS MEETING WILL BE HELD ON MAY10, 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) MAY 10, 2004: 10:00) A Public hearing to consider a Resolution closing the south end of Saltair Drive NE where it intersects with Sandy Hook Road NE to eliminate "cut-through" traffic in North Kitsap Commissioner District #1. Total Fiscal Impact: $500.00. Source of Funds: Road Fund. Staff Contact: Steve Johnson, 337-3114. 10:00) B Public hearing to consider an Ordinance amending Chapter 4.110 Kitsap County Code, "Impact Fees" and amending impact fee rates for roads, parks, and schools to reflect the rate structure of Ordinance 143-1992. Total Fiscal Impact: $. Source of Funds: Staff Contact: Randy Casteel, 337-4866. 10:00) C Public hearing to consider a Resolution authorizing the County's intent to dispose of Kitsap County of real property consisting of 0.08 acres, adjacent to Waaga Way, a state highway in the vicinity of Silverdale, WA in Central Kitsap, Commissioner District #3. Total Fiscal Impact: $. Source of Funds: Staff Contact: Randy Casteel, 337-4866. KITSAP COUNTY COMMISSIONERS MINUTES, APRIL 26, 2004 Page 117 Page 108