12/22/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of December 22, 2009
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro-
Tern Carolyn Powers, Fred Chang, Jerry Childs, Jim Colebank, Fred Olin, and Rob
Putaansuu were present and constituted a quorum. Public Works Director Dorsey,
Assistant City Engineer Archer, City Treasurer Martin, Development Director Weaver, City
Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present.
Absent: Councilmember Clauson; excused.
A. Pledge of Allegiance
Shannon Childs led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Jerry Arnett voiced his concern that the Council did not allow citizens to ask questions
under Citizens Comment at the December 8, 2009, Council meeting and encouraged the
Council to always be about open government.
Patrick Lucas voiced his appreciation of the dedication and hard work of the Mayor and
Council.
Shannon Childs voiced her appreciation to the City staff who decorated the town for the
Holiday season; noting Port Orchard is at its best during this time of year.
3. APPROVAL OF AGENDA
The following items were added to the Business Items:
• Discussion: Letter from Sydney Museum and Art Association
• Discussion: Confirming the Council Retreat Date
The following item was added to the Consent agenda:
• December 2, 2009, Special Work Study Session meeting minutes
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to approve the agenda as amended. Upon vote, the motion passed
unanimously. Councilmember Clauson was absent.
Minutes of December 22, 2009
Page 2 of10
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to excuse Councilmember Clauson from the December 22, 2009,
Council meeting. Upon vote, the motion passed unanimously.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 52814 through 52876 in the amount of
$205,526.53
B. December 2, 2009, Special Work Study Session meeting minutes
C. Approval of the December 7, 2009, Council Meeting Regarding Public Hearing of
2010 Budget
D. Setting Meeting for Work Study Session to January 19, 2010, at 7:00 p.m. at City Hall
E. Adoption of Resolution No. 124-09, Ratifying Mayor's Signature to Enter into Lease
Agreement with Kelley Imaging Systems for Municipal Court Copier and Fax
F. Adoption of Resolution No. 125-09, Ratifying Mayor's Signature to Enter into Lease
Agreement with Kelley Imaging Systems for Public Works Shop Copier
G. Adoption of Resolution No. 126-09, Authorizing the Mayor to Execute Contract No.
Coo5-10, with the Doctor's Clinic for COL/DOT Exam and Certificates
H. Adoption of Resolution No. 127-09, Authorizing the Mayor to Execute Contract No.
Coo6-10, with AWC for Annual Workers' Compensation Group Retro Program
I. Adoption of Resolution No. 128-09, Authorizing the Mayor to Execute Contract No.
Coo7-10, with Kitsap Economic Development Alliance
Councilmember Putaansuu MOVED and Councilmember Chang seconded the
motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously. Councilmember Clauson was absent.
5. PRESENTATION
A. Presentation: Oaths of Office for Re-Elected Councilmembers -Senator
Kilmer
Senator Kilmer presented the Oath of Offices to Councilmembers Chang, Powers,
Putaansuu, and Childs, noting that their public involvement is crucial during these times
and not only are they assuring the best for City of Port Orchard they are helping preparing
to better the water we drink, the air we breathe, and the earth they will inherit.
6. PUBLIC HEARING
No Public Hearings were held.
7. BUSINESS ITEMS
A. Approval of the December 8, 2009, Council Meeting Minutes
Minutes of December 22, 2009
Page3 of10
Councilmember Powers MOVED and Councilmember Chang seconded the
motion to approve the December 8, 2009, Council Meeting Minutes. Upon vote,
the motion passed with five affirmative votes and one abstention.
Councilmember Colebank abstained. Councilmember Clauson was absent.
B. Adoption of Ordinance No. 033-09, Updating the 2009 Port Orchard
Comprehensive Sewer Plan
Public Works Director Dorsey presented the staff report, noting the Growth Management
Act (GMA) requires that each city that plans under the GMA must periodically review; and
if needed, revise its capital facilities plans to ensure compliance with the Growth
Management Act. This 2009 update to the Port Orchard Comprehensive Sewer Plan was
developed in consideration of the goals of the GMA for the development of local capital
facilities Plan, and reflect a careful balancing of these goals within the local conditions of
the City of Port Orchard. This update and amendments were developed from and are
consistent with the Port Orchard Comprehensive Plan.
A SEPA checklist was completed and distributed on October 1, 2009. A SEPA DNS was
issued on October 16, 2009, and no appeals were received. The Washington State
Department of Commerce, state and local agencies, and tribes were issued a draft document
for 60 day comment on October 16, 2009. Comments received have been incorporated into
the document. A Public Hearing was conducted by the City Council on November 24, 2009.
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to adopt Ordinance No. 033-09, approving the 2009 update to the Port
Orchard Comprehensive Sewer Plan. Upon vote, the motion passed
unanimously.
C. Adoption of Resolution No. 131-09, Confirming Mayoral Appointment to
the Planning Commission
City Clerk Kirkpatrick presented the staff report, noting the Planning Commission is made
up of eight residents of the City, who volunteer their time for the purpose of reviewing land
use applications and making recommendations to the City Council, and serves a term of six
(6) years. There was one vacancy on the Planning Commission, which was duly advertised
in the Port Orchard Independent and on the City's Website. The following people submitted
applications for the vacant seat: Annette Stewart; Bryan McKinnon; and Jan Grosso Collins.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 131-09, confirming the Mayor's appointment
of Jan Grosso Collins to the Planning Commission for a term expiring
December 31, 2015. Upon vote, the motion passed unanimously.
Minutes of December 22, 2009
Page4 of10
D. Adoption of Resolution No. 132-09, Confirming Mayoral Appointment to
the Library Board
City Clerk Kirkpatrick presented the staff report, noting the Kitsap Regional Library Board
is comprised of five residents of the City, who volunteer their time assisting the Mayor and
Council regarding the contract with the Regional Library and lend assistance to the regional
library. Members serve a term of five (5) years. There was one vacancy on the Library
Board, which was duly advertised in the Port Orchard Independent and on the City's
Website. One application was received from Virginia Collins to fill the vacant seat.
Councilmember Colebank MOVED and Councilmember Olin seconded the
motion to adopt Resolution No. 132-09, confirm the appointment of Virginia
Collins to the Port Orchard Library Board for a term expiring December 31,
2014. Upon vote, the motion passed unanimously.
E. Adoption of Resolution No. 133-09, Confirming Mayoral Appointment to
the Design Review Board
City Clerk Kirkpatrick presented the staff report, noting the Port Orchard Municipal Code
2.78 establishes the Design Review Board. POMC 2.78.030 designates the Board will
consist of not less than s and not more than 7 residents who shall be appointed by the
Mayor subject to confirmation of the City Council. Members serve a term of three (3) years.
There are two vacancies on the Design Review Board, which was duly advertised in the Port
Orchard Independent and on the City's Website. One application was received from Bryan
McKinnon to fill the vacant seat.
Councilmember Chang MOVED and Councilmember Powers seconded the
motion to adopt Resolution No. 133-09, confirming the appointment of Bryan
McKinnon to the Port Orchard Design Review Board for a term expiring
December 31, 2012. Upon vote, the motion passed with five affirmative votes
and one dissenting vote. Councilmember Colebank cast the dissenting vote.
F. Adoption of Ordinance No. 034-09, Amending the Comprehensive Plan
Development Director Weaver presented the staff report, noting the Growth Management
Act (GMA), RCW 36.70A requires that each city that plans under the GMA must
periodically review, and, if needed, revise its comprehensive plan and development
regulations every seven years to ensure compliance with the Growth Management Act.
These amendments were developed in consideration of the goals of the GMA for the
development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a
careful balancing of these goals within the local conditions of the City of Port Orchard.
These amendments were developed from and are consistent with the Kitsap Countywide
Minutes of December 22, 2009
Page 5 of 10
Planning Policies (CPPs). The Port Orchard Planning Commission unanimously passed PC
Resolution 008-09 recommending support of the above 2009 updates to the Port Orchard
Comprehensive Plan. An additional proposal for update to the 2009 Port Orchard
Comprehensive Plan attracted considerable testimony and discussion during the Planning
Commission meetings. Appendix F was provided as a possible addition to the 2009 Port
Orchard Comprehensive Plan that identifies and documents the elements of the existing
Port Orchard regulations that met the PSRC definition as a Regional Urban Growth Center.
The Appendix was identified as a vehicle to allow the City of Port Orchard to qualify for
those additional Growth Center funding opportunities.
A public hearing was conducted by the City Council on November 24, 2009. Considerable
public testimony was heard on Appendix F. The Planning Commission met on December 1,
2009, to further discuss Appendix F, and voted unanimously through Planning Commission
Resolution No. 007-09 to not recommend inclusion of Appendix F in the 2009 Port
Orchard Comprehensive Plan Update.
Councilmember Childs MOVED and Councilmember Olin seconded the motion
to approve Ordinance No. 034-09, approving the amendments to the 2009
Port Orchard Comprehensive Plan Update, without the inclusion of Appendix
F. Upon vote, the motion passed unanimously. Councilmember Clauson was
absent.
G. Adoption of Ordinance No. 010-09, Amending Port Orchard Municipal Code
Chapter 16 Land Use Regulatory Code
Development Director Weaver presented the staff report, noting in an effort to
accommodate the efficient and equitable processing of development applications as well as
implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port
Orchard Planning Department has worked with the Planning Commission under Council
direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land
Use Regulatory Code. Planning Commission input and consideration was identified as an
essential step for implementation and needed clarifications to our existing code and
regulations that support the goals and policies of our Comprehensive Plan. Meetings were
noticed and held with the Planning Commission in January, February, March, and April of
2009. Draft code language was prepared as a result of the Planning Commission
recommendations and Resolution. City Council held a public hearing on the proposed
changes on November 24, 2009. Testimony was heard from the public, and additional
comments were submitted during the review period.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to adopt Ordinance No. 010-09, amending Port Orchard Municipal
Code Title 16: Land Use Regulatory Code, as outlined. Upon vote, the motion
passed with four affirmative votes and two dissenting votes.
Minutes of December 22, 2009
Page 6 of10
Councilmembers Chang and Colebank cast the dissenting votes.
Councilmember Clauson was absent.
H. Adoption of Resolution No. 129-09, Authorizing the Mayor to Execute a
Contract with SafeBuilt for On-call Building Inspection and Plan Check
Services
Development Director Weaver presented the staff report, noting McCormick Woods was
annexed to the City of Port Orchard with a finalization date of July 8th, by Port Orchard
City Council Ordinance 011-09. The amount of building inspections required to
accommodate the annexed areas is beyond the capacity of the existing staff at the present
levels provided under the 2009 and 2010 City of Port Orchard Budget. The contract would
allow an additional option for needed building inspections during periods where the City
Building Inspector is sick or on vacation. The contract was reviewed by the City Attorney on
November 13, 2009; and directed the item for discussion at the next City Council Work
Study Session meeting.
Councilmember Colebank MOVED and Councilmember Putaansuu seconded
the motion to adopt resolution No. 129-09, authorizing the Mayor to execute
contract No. CooS-10, with SAFEbuilt, Inc. Upon vote, the motion passed
unanimously. Councilmember Clauson was absent.
I. Approval of the 2010 South Kitsap Water Reclamation Facility Budget
City Treasurer Martin presented the staff report, noting the proposed budget reflects
$2,793,552 in revenues (not including grants), inclusive of the City's contribution of
$1,183,092 and $150,000, totaling $1,333,092. The expense budget is $1,842,210; debt
payments total $975,500. The Capital Improvement portion of the budget is $41,500.
Councilmember Putaansuu requested the City's contribution be addressed at a future Work
Study Session.
Councilmember Putaansuu MOVED and Councilmember Powers seconded the
motion to approve the 2010 South Kitsap Water Reclamation Facility Budget.
Upon vote, the motion passed unanimously. Councilmember Clauson was
absent.
J. Adoption of Resolution No. 122-09, Repealing Resolution No. 037-06, and
Establishing Certain Employee Benefits for Non-Union Represented
Employees Classified as FSLA Executive Exempt
City Clerk Kirkpatrick presented the staff report, noting after the City Council adopts new
collective bargaining agreements for union employees, it typically adopts a resolution
Minutes of December 22, 2009
Page 7of10
updating the salary and benefits package for non-union represented employees. The salary
and benefits package set forth in this resolution is the same as what the union employees
are receiving under the new CBAs. However, with respect to salary, the Finance Committee
has recommended that this resolution only address the first year of three years so that the
City Council has maximum flexibility at the end of 2010 to set the salary rate for non-union
represented employees. If the attached resolution is adopted as drafted, the City Council
will need to adopt a new resolution approximately one year from now in order to establish
salary rates for non-union represented employees for the period October 1, 2010 through
September 30, 2011 (or 2012).
The AWC Employee Benefit Trust adopted a 2010 rate increase for its member Cities and
Towns. The increase is as follows:
10% increase for Regence/ Asuris;
6% Increase for Group Health; and
5.5% for Washington Dental Service.
It has been determined appropriate to modify the City's medical insurance premiums for
executive exempt employees to reflect this increase. Full-time employees will continue to be
responsible for paying a portion of the total monthly premium for the subject medical plan
by payroll deduction. The employees' share of the monthly premium shall be based on a
numeric percentage of the total cost ofthe monthly premium for the subject plan, including
the cost to insure dependents, if applicable. The amount of the numeric percentage shall be
calculated by converting the monthly dollar amount employees are required to pay for each
for the subject medical plans as of September 30, 2009, into a percentage basis. Employees
shall then be responsible for paying this same percentage for each respective medical plan
after September 30, 2009.
Councilmember Powers MOVED and Councilmember Childs seconded the
motion to adopt Resolution No. 122-09, repealing Resolution No. 037-06 and
establishing certain employee benefits for non-union represented employees
classified as FLSA executive exempt. Upon vote, the motion passed
unanimously. Councilmember Clauson was absent.
K. Adoption of Resolution No. 123-09, Repealing Resolution No. 019-07, and
Establishing Certain Employee Benefits for Non-Union Represented
Employees Classified as FSIA Not Exempt
City Clerk Kirkpatrick presented the staff report, noting after the City Council adopts new
collective bargaining agreements for union employees, it typically adopts a resolution
updating the salary and benefits package for non-union represented employees. The salary
and benefits package set forth in this resolution is the same as what the union employees
are receiving under the new CBAs. However, with respect to salary, the Finance Committee
has recommended that this resolution only address the first year of three years so that the
Minutes of December 22, 2009
Page 8 of 10
City Council has maximum flexibility at the end of 2010 to set the salary rate for non-union
represented employees. If the attached resolution is adopted as drafted, the City Council
will need to adopt a new resolution approximately one year from now in order to establish
salary rates for non-union represented employees for the period October 1, 2010 through
September 30, 2011 (or 2012).
The A WC Employee Benefit Trust adopted a 2010 rate increase for its member Cities and
Towns. The increase is as follows:
10% increase for Regence/ Asuris;
6% Increase for Group Health; and
5.5% for Washington Dental Service.
It has been determined appropriate to modify the City's medical insurance premiums for non-
exempt employees to reflect this increase. Full-time employees will continue to be
responsible for paying a portion of the total monthly premium for the subject medical plan
by payroll deduction. The employees' share of the monthly premium shall be based on a
numeric percentage of the total cost of the monthly premium for the subject plan, including
the cost to insure dependents, if applicable. The amount of the numeric percentage shall be
calculated by converting the monthly dollar amount employees are required to pay for each
for the subject medical plans as of September 30, 2009, into a percentage basis. Employees
shall then be responsible for paying this same percentage for each respective medical plan
after September 30, 2009.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 123-09, repealing Resolution No. 019-07 and
establishing certain employee benefits for non-union represented employees
classified as FLSA not exempt. Upon vote, the motion passed unanimously.
Councilmember Clauson was absent.
L. Adoption of Resolution No. 130-09, Ratifying Mayor's Signature for the
Local Agency Agreement Supplement and Project Prospectus for Bay Street
Seawall Project
Public Works Director Dorsey presented the staff report, noting in February of 2002, the
City entered into a Local Agency Agreement with the Washington State Department of
Transportation for the Bay Street Seawall Project with design money. The project includes
construction of a jersey style guardrail with anchors for the guardrail being placed under
the roadway. Since the beginning of the project, funding has been secured for the design
and construction of the project. With the addition of the funding from the Port Orchard
Boulevard Project, the project prospectus needs to be updated to reflect all funding and the
update to the project description. The Local Agency Agreement Supplement adds the
remainder of the funding needed to complete the design and to fund the construction.
Minutes of December 22, 2009
Page 9 of10
Councilmember Colebank MOVED and Councilmember Putaansuu seconded
the motion to adopt Resolution No. 130-09, ratifying the Mayor's signature for
the Local Agency Federal Aid Project Prospectus and the Local Agency
Agreement Supplement. Upon vote, the motion passed unanimously.
Councilmember Clauson was absent.
Discussion: December 14, 2009, Letter from the Museum
Mr. Judd Turner President of the Sidney Museum and Art Association, requested the
Council take formal action to remove the Museum and Art Gallery from any plans for a new
parking garage. After a brief discussion, the matter was referred to the January 19, 2009,
work study session.
Discussion: Council Retreat Date
Councilmember Chang questioned the January 30, 2010 date as the full Council would not
be present. Staff was directed to add this item to the January 19, 2009, Work Study Session
agenda.
8. CITIZENS COMMENTS
Charlie Bermant thanked the Council for an interesting year for the Port Orchard
Independent.
9. COMMITTEE REPORTS
Councilmember Putaansuu announced the City will do their annual "Good Neighbor
Award" tour of local neighborhoods on Wednesday, December 23, 2009, at 4:00 p.m. at
City Hall. The public was welcomed to attend and to RSVP with the City Clerk's office.
Councilmember Powers announced the Public Property Committee meeting would be held
on January 14, 2010, at 3:00 p.m. at City Hall.
10. MAYOR'S REPORT
Mayor Copp_ola reported on the following:
• Visited the mud slide on Mitchell Ave;
• Met with the new owner of Dockside regarding changes for a covered anchored boat
shed;
• Attended the Holiday Fire Commissioners and Chief brunch;
• Had lunch with the Employee of the Quarter, Debra Walker;
• Attended interviews for the Kitsap County Consolidated Housing Authority
Director's Position; and
Minutes of December 22, 2009
Page 10 of 10
• Met with Thomas Mosbee, South Kitsap High School, regarding the school growing
flowers for the downtown baskets and having students help film the Council
meetings.
11. REPORT OF DEPARTMENT HEADS
City Clerk Kirkpatrick announced the Pre-Legislative Reception will be held on January 5,
2010, at 5:30 p.m. at the Port Orchard Pavilion.
Public Works Director Dorsey invited the Mayor and Council to the annual Public Works
Shop holiday potluck being held on Wednesday, December 23, 2009, from 11:30 a.m. to
2 :00 p.m.
12. ADJOURNMENT
At 8:41 p.m. Mayor Coppola adjourned the meeting.
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