08/25/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of August 25, 2009
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmernbers Mayor Pro-Tern
Carolyn Powers, Fred Chang, Jerry Childs, Jim Colebank, and Fred Olin were present and
constituted a quorum. Councilmember Putaansuu was excused. Public Works Director Mark
Dorsey, City Treasurer Tompkins and Martin, Police Chief Townsend, Development Director
Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Jacoby
were also present.
Absent: Councilmember Putaansuu and Clauson, excused.
A. Pledge of Allegiance
Ted Strecte led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Mary Peterson voiced her concern with continued discussions of either tearing clown or
relocating the museum for a parking garage. She noted that the Sydney Museum and Art Gallery
has been in the same location for 35 years and remains a viable business. She urged the Council to
leave the museum in its original location.
Loretta Anderson voiced her support of saving the Sydney Museum and Art Gallery from the
parking garage revitalization, noting the Museum is operated by volunteers and their doors are
open six days a week. She questioned whether or not the Council and staff has considered where the
artifacts will go if the Museum is torn down, what the impacts would be to the tourism economy
and educational opportunities for local students, and that the Museum has a small budget and
might not be enough to move the building to a new location.
Brain Petro voiced appreciation to the Council for the Paint the Town, noting the downtown
looks great; voiced his excitement with the Cedar Cove Days Festival this next week; and voiced his
love of Port Orchard, noting the town is in great spirits.
Councilmember Childs welcomed his mother Jean Low and his wife, Shannon Childs; and noted
that Cedar Cove Days was off and running, with many out of town guests arriving.
Councilmember Colebank MOVED and Couneilmember Olin seconded the motion to
excuse Councilmcmber Putaansuu from the August 25, 2009, Council meeting. Upon
vote, the motion passed unanimously.
3. APPROVAL OF AGENDA
Councilmember Colebank MOVED and Councilmcmbcr Chang seconded the motion
to remove Business Item 7H from the agenda. Upon vote, the motion failed.
Councilmembers Chang, Childs, Colebank, Olin, and Powers cast the dissenting
votes. Councilmembel's Clauson and Putaansuu were absent.
Minutes of August 25, 2009
Page 2 of 8
Councilmcmber Childs MOVED and Councilmember Chang seconded the nwtion
approving the Agenda as amended. Upon vote, the motion passed unanimously.
Councilmembers Clauson and Putaansuu were absent.
4. APPROVALOFCONSENTAGENDA
A. Approval of Claim Warrants No. 52165 through No. 52224 in the amount of $165,427-46
B. Approval of the August 11, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to September 15, 2009, at 7:00 p.m. at City Hall
Councilmember Childs MOVED and Councilmember Olin seconded the 1notion
approving the Consent Agenda. Upon vote, the motion passed unanimously.
Councilmembers Clauson and Putaansuu were absent.
5. PRESENTATION
A. Presentation of U.S. Flag to the City Council by the Veterans of Foreign War
Commander Ted Streete with the VFW Post 2669 presented the Council with a new U.S. Flag on
behalf of the citizens of Port Orchard; and \\~th great pleasure Mayor Coppola accepted the U.S.
Flag.
City Clerk Kirkpatrick announced that the VFW Post 2669 would hold a colors ceremony on
Wednesday, August 26, 2009, at 8:oo a.m. at the triangle on the corner of Bay Street, Kitsap Street,
and Cline Avenue.
6. PUBLIC HEARING
A. Resolution No. 083-09, Regarding Proposed Pottery Three LLC Developer's
Agreement for Reimbursement for the Sewer Main Extension
Public Works Director Dorsey presented the staff report, noting RCW 35.91 and City of Port
Orchard Ordinance No. 1852, allows a person or persons (Developer) contemplating the
construction of a road extension, storm water system, sewer line or water main to enter into a
Developer's Agreement, whereby the Developer is entitled to reimbursement for a pro rata share of
the construction costs of the improvements constructed, for a fifteen (15) year period.
Reimbursement charges are to be assessed against Benefitted Non-Contributing Properties, paid to
the City upon connection to the System and remitted to the Developer. Staff recommends opening
the Public Hearing.
City Attorney Jacoby reminded Council that while they normally operate in a legislative capacity,
during this Public Hearing the Council is acting as a quasi-judicial body. City Attorney Jacoby asked
if any Councilmember had any ex-parte communication with anyone regarding this application.
There was no response from any Councilmember. City Attorney Jacoby further asked if any
Councilmember had any financial interest in this property, with the applicant or representative of
Minutes of August 25, 2009
Page 3 of 8
the applicant, either directly or indirectly relating to the property involved. There was no response
from any Councilmember. City Attorney Jacoby asked if any Councilmember had any reason to
believe they would not be able to render a fair and impartial decision based on the information they
receive today. There was no response from any Councilmember. City Attorney Jacoby asked if any
member of the audience felt any of the Councilmembers should not participate in the hearing.
There was no response from any audience member.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing
at 7:14 p.m.
7. BUSINESS ITEMS
A. Second Reading and Adoption of Ordinance No. 021-09, Amending POMC Chapter
13.04 for 2009 Water/Sewer Rate Increase
Public Works Director Dorsey presented the staff report, noting on August 11 and August 25, 2009,
Council heard the First Reading/Public Hearing and the Second Reading and Adoption,
respectively, for the proposed 2009 Water/Sewer Rate Increase. This proposed rate increase is
based upon the loss of the 50% surcharge revenue associated with the recent McCormick Woods
annexation and NOT the Sanitary Sewer Capital Improvement Program (to be addressed in 2010).
The proposed water/sewer rate increase is as follows:
Water $ 3.50 bimonthly
Sanitary Sewer $ 7.50 bimonthly
$11.00 bimonthly
Staff recommends adoption of Ordinance No. 021-09, thereby amending Port Orchard Municipal
Code Chapter 13.04.
Councilmember Colebank MOVED and Councilmember Olin seconded the motion to
adopt Ordinance No. 021-09, thereby amending Port Orchard Municipal Code
Chapter 13.04. Upon vote, the motion passed unanimously. Councilmembers
Clauson and Putaansuu were absent.
B. Adoption of Resolution No. 083-09, Authorizing the Mayor to Execute the Pottery
Three LLC Sanitary Sewer Extension -Developer's Agreement
Public Works Director Dorsey presented the staff report, noting on Februmy 3, 2009, Pottery Three
LLC requested the necessary documentation to prepare a Sanitary Sewer Main Extension -
Developer's Agreement, (Latecomer's Agreement) pursuant to RCW 35.91 and the City of Port
Orchard Ordinance No. 1852. On July 14, 2009, the City of Port Orchard Public Works Department
accepted the Bill of Sale for the recently completed sanitary sewer extension of the Sidney Avenue
sewer main. On August 7, 2009, a copy of the Agreement and Notice to the Public Hearing was
mailed to the identified "Benefitted Non-Contributing Properties" as identified in Exhibit E of the
proposed Agreement. On August 25, 2009, the City of Port Orchard held a Public Hearing,
pursuant to the requirements of RCW 35.91 and COPO Ordinance No. 1852. Staff recommends that
the City Council adopt Resolution No. 083-09, thereby authorizing the Mayor to execute the Pottery
Minutes of August 25, 2009
Page 4 of 8
Three LLC Developer's Agreement for Reimbnrsement for Sidney Avenue Sanitary Sewer Extension
and request the motion to include for a 20 year term.
Councilmember Olin MOVED and Councilmcmber Colebank seconded the motion to
adopt Resolution No. 083-09, thereby authorizing the Mayor to execute the Pottery
Three LLC Developer's Agreement for Reimbursement for Sidney Avenue Sanitary
Sewer Extension for a 20 year ter111. Upon vote, the ,notion passed unani,nously.
Councilmembers Clauson and Putaansuu were absent.
C. Adoption of Resolution No. 084-09, Authorizing the Mayor to Execute a Grant
Agreement with the Department of Justice
Police Chief Townsend presented the staff report, noting the Police Department has been awarded a
grant from the Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Grant
under the Federal Recovety Act for $47,554, to be used for the purchase of equipment and
personnel costs to enhance the department's crime prevention, community policing, and patrol
operations. The grant off-set costs for equipment we had budgeted for and others, due to the
economic conditions we could not fund but still needed.
Couneilmember Childs MOVED ·and Couneilmember Colebank seconded the motion
to accept the Department of Justice, Bureau of Justice Assistance, Byrne Men1orial
Grant in the amount of $47,554, and authorize the Mayor to execute the grant
agreement. Upon vote, the motion passed unanimously. Couneilmembe!"s Clauson
and Putaansuu wel"e absent.
D. Adoption of Resolution No. 085-09, Authorizing the Mayor to Execute a Grant
Agreement with the DepartJncnt of Justice Office of Community Oriented Policing
Services for the Hiring of One (1) Police Officer
Police Chief Townsend presented the staff report, noting the Police Department has been awarded a
grant from the Department of Justice Office of Community Oriented Policing Services to be used
for hiring one (1) police officer. The grant funds the entire officer's salary for three (3) full years,
however, needed equipment and an automobile is the responsibility of the City. This is an excellent
opportunity to finish staffing the department for the McCormick Woods annexation that required 2
additional officers. It will also help us to off-set the time delay of the hiring process for the Bethel
corridor, should that annexation be approved. While we applied for four (4) officers under this
program, even one will be helpful in offsetting the expenditures that will be required related to
annexations. Staff recommends approving the grant for the hiring of an additional police officer.
Councilmember Powers MOVED and Councilmember Chang seconded the motion to
authorize the Mayor to execute the grant agreement with the U.S. Department of
Justice COPS Hiring Recovery Program in the amount of $243,135. Upon vote, the
motion passed unanimously. Councilniembel"s Clauson ancl Putaansuu were
absent.
Minutes of August 25, 2009
Page 5 of 8
E. Adoption of Resolution No. 086-09, Authorizing the Mayor to Execute an
Agreement with WSDOT Regarding Management of Leases within State Route 166
Public Works Director Dorsey presented the staff report, noting on June 9, 2009, the City of Port
Orchard received a letter from the Washington State Department of Transportation (WSDOT)
seeking authorization from the City to enter into and manage encroachments and use within the
State Route (SR) 166 right-of-way situated in the City's boundaries. WSDOT is asking the City to
grant authorization to WSDOT to enter into new leases, which v.~11 clear the encroachments in
accordance with state and federal laws and maintain those leases.
RCW 47.24.020(15) pro\~des that street right-of-ways may be acquired by either the city or the
state, that regardless of how it is acquired title to street rights-of-way vests in the city, and that any
revenue derived from the use of said right-of-ways shall be shared between the city and the state in
the same proportion as the purchase costs were shared. The WSDOT desires to catalogue, execute
and manage leases for encroachments and use within SR 166 right-of-way.
In response to Councilmembers Child, City Attorney Jacoby stated the purpose of the agreement is
to clarify that the State owns the road and any maintenance would be done by the State.
Councilmember Chang stated that he is an employee of WSDOT; however, he has no involvement
with WSDOT and inquired if anyone in the audience perceived a conflict \\~th his voting on this
matter. There were no objections.
Couneilmember Colebank MOVED and Councilmember Childs seconded the motion
to adopt Resolution No. 086-09, authorizing the Mayor execute the letter agreement
with the WSDOT for the management of leases within SR 166 right-of-way. Upon
vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu
were absent.
F. Adoption of Resolution No. 087-09, Authorizing the Mayor to Execute a Contract
for 2009 Stormwater Pond Maintenance with Cascco Associates, Inc.
Public Works Director Dorsey presented the staff report, noting on August 10, 2009, the Port
Orchard Public Works Department selected three (3) contractors from the 2009 Small Works
Roster and requested proposals from each company for 2009 Stormwater Pond Maintenance. The
City requested that the contractor submit their bids as Schedule 1-Eaglecrest Subdivision and
Schedule 2-Harrison Healthcare Campus. On August 17, 2009, Caseco Associates, Northwest Tree
Service and RV Associates submitted bids as follows including tax:
Caseco Associates
Northwest Tree Ser~ce
RV Associates
Schedule 1 Schedule 2
$13,200 $33,700
$19,300 $54,500
No Biel Received
Combined Total
$46,900
$73,800*
'*Northwest Tree Service included $1,000 for insurance, bonding and prevailing wage forms and
$6,432.80 on a separate line for sales tax.
Minutes of August 25, 2009
Page 6 of 8
It was determined that Caseco Associates, Inc. was the lowest qualified bidder to complete the
Schedule 2 work for the Harrison Healthcare Campus Pond out of the 2009 budget.
Councilmember Chang MOVED and Councilmember Childs seconded the motion to
authorize the Mayor to execute a contract with Caseco Associates, Inc. in the amount
not to exceed $37,000 for 2009 Stormwatcr Pond Maintenance. Upon vote, the
motion passed unanimously. Councilmembers Clauson and Putaansuu wel'e absent.
G. Discussion: Mayor's Salary
City Treasurer Tompkins explained a percentage of the Mayor's salary would come out of the Street,
Water/Sewer, Storm Drainage, and current expense funds, just as the other Department Heads are
done. After a brief discussion, Council directed staff to move forward with the funding for the
Mayor's salary as outlined by the City Treasurer.
H, Confirmation of Appointment of Allan Martin to City Treasurer
City Clerk Kirkpatrick presented the staff report, noting Port Orchard Municipal Code 2.08.010
authorizes the Mayor to appoint the City Treasurer, subject to a confirmation vote by a majority of
not less than four members of the City Council. The City conducted interviews for the City
Treasurer's position in May of this year and as a result, Mr. Allan Martin was offered and accepted
the position of City Treasurer. He will be replacing Kristine Tompkins who is retiring from the
position after 37 years with the City. Mr. Martin previously held the position of Assistant State
Treasurer for two years, and Deputy State Treasurer for eight years, and prior to working in State
government, Mr. Martin was the Chelan County Treasurer. Mr. Martin brings a vast array of
financial experience to our City and we are glad to welcome him aboard. The Mayor seeks the
Council's confirmation of the appointment of Allan Martin to the position of City Treasurer
effective September 1, 2009.
Further, it has come to the attention of the City Clerk that the following Department Directors have
not been officially sworn in:
Mark Dorsey, Public Works/Engineering Department Director
James Weaver, Planning Director
Patti Kirkpatrick, City Clerk/ Assistant to the Mayor
It is requested that retiring City Treasurer Tompkins issue the Oaths of Office to Mr. Allan Martin
and to each of the above-mentioned Department Directors upon confirmation of Mr. Martin's
appointment as City Treasurer.
Councilmember Childs MOVED and Councilmembcr Colebank seconded the motion
to confirm the Mayor's appointment of Allan Martin as City Treasurer, effective
September 1, 2009. Upon vote, the motion passed unanimously. Councilmembers
Clauson and Putaansuu were absent.
Minutes of August 25, 2009
Page 7 of 8
Mayor Coppola presented City Treasurer Kris Tompkins with a proclamation for her 37 years of
service to the City of Port Orchard. Ms. Tompkins thanked the Council, Mayor, staff, and the
community for their support.
8. CITIZENS COMMENTS
Jacob Cochrane voiced interest in being involved in local government and suggested the Council
consider having a debate or election style selection process versus having the School District select a
student.
9. COMMITTEE REPORTS
Councilmember Olin met with the South Kitsap High School history staff in determining the
feasibility of allowing history students to sit in an advisory capacity on the City Council during the
school year. The South Kitsap High School is in favor of the program and would like more time to
discuss the details of the program. After a brief discussion; Councilmember Olin will facilitate with
the South Kitsap High School and report back to the Mayor as to how to proceed.
Councilmember Childs announced the City's Tourism Committee will meet on Wednesday,
September 16, 2009, at 5:30 p.m. at City Hall.
10. MAYOR'S REPORT
Mayor Coppola reported on the following activities:
• Attended the Kitsap Consolidated Hansing Authority Budget Retreat;
• Attended the Kitsap Transit meeting regarding budget cuts and personnel issues;
• Met with the Employee of the quarter for lunch;
• Met with the Port of Bremerton's CEO, Gary Bozeman regarding parking garage funding;
• Met with the Kitsap County Emergency Management Board and toured the facility;
• Met with Scott Harvey on downtown merchant looking for an expansion;
• Addressed Business of Professional Women for South Kitsap School District; and
• Helped with hand out the awards at the Cruz.
11. REPORT OF DEPARTMENT HEADS
Treasurer Tompkins announced the City received another clean audit; and thanked the City,
citizens, and employees for allowing her to be part of the City's growth over the 37 years.
Development Director Weaver thanked Quadrant Homes for donating equipment to the City,
noting staff is now able to receive electronic permits, which has reduced the processing time of
permits.
City Attorney Jacoby advised the Council would meet for a report on labor negotiations following
the regular meeting; and commented on how nice the town looks in preparation for Cedar Cove
Days.
Minutes of August 25, 2009
Page 8 of 8
City Clerk Kirkpatrick announced the last Concert on the Bay series is Thursday, August 27, 2009,
with Danny Vernon, Elvis Impersonator being the performer; thanked Treasurer Tomkins for her
insight, wonderful walks, and great assistance; and reported the McCormick Woods Clubhouse is
available to host the Special Work Study Session on Tuesday, October 6, 2009.
12. ADJOURNMENT
ppola adjourned the meeting.
,./