07/13/2010 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of July 13, 2010
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at TOO p.m. Mayor Pro-Tem Rob
Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank,
Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk
Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin,
Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also
present.
A. Pledge of Allegiance
Cindy Lucarelli led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
There were no citizen comments.
3· APPROVAL OF AGENDA
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion to approve the Agenda.
Councilmember Clauson MOVED and Councilmember Olin seconded the
motion to amend the Agenda to remove Business Item 7E Adoption of
Ordinance No. 014-10; and to add a Business Item approving the Public
Defender Settlement Agreement. Upon vote, the motion to amend passed
unanimously.
Upon vote, the main motion as amended passed unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 53806 through 53925 in the amount of
$391,205.94; June's Payroll Warrant Nos. 143168 through 143222 in the amount of
$473,386.95; and Treasurer's check book in the amount of $3,014,823.35.
B. Approval of Public Event Application: Fathoms O'Fun Festival by the Bay
C. Adoption of Resolution No. 024-10, Authorizing the Surplus two Seized Vehicles
D. Approval of Contract No. 049-10, Authorizing the Mayor to Execute an Agreement
with Exceltech for the Tremont Widening Constructability Review of the Tremont
Street Widening 85% PS&E
Minutes of July 13, 2010
Page 2 ofn
E. Approval of Change Order No. 3, Authorizing the Mayor to Extend Expiration Date
of Contract No. 042-09, with Charon Drilling Inc. For Well No. 11 at McCormick
Woods
F. Approval of Amendment No.1 to Contract No. 043-09, with the City of Forks for Jail
Services
G. Approval of Amendment No. 1 to Lease Agreement No. 22-002582, with the
Depattment of Natural Resources for Aquatic Lands
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion to approve the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
A. Proclamation: 100 Years of Camp Fire Days
Mayor Coppola read the Proclamation into the record and presented the Proclamation to
Ms. Amy Hutchinson, who thanked the Council for their continued support and invited the
Council to attend their 2010 Centennial, which would take place on Saturday, July 31, 2010.
B. Employee of the Quarter
Mayor Coppola announced Mr. Jay Cookson, Superintendent of the Public Works Shop,
was the Employee of the Second Quatter, noting that Jay responds 24 hours a day, 7 days a
week to any emergency and/or complaints and quickly coordinates his small crew to
address each emergency, in addition to his normal day-to-day heavy work schedule; and
thanked Mr. Cookson for his years of service.
C. Olympic Bird Fanciers
Pam Cloer and Sue Marshall with the Olympic Bird Fanciers asked Council to reconsider
their decision and to allow birds in the Active Club Building. Ms. Marshall explained their
organization has met with other users of the facility and they have worked out an internal
policy should any issues arise between any users, rather than bring complaints directly to
City staff. Ms. Marshal asked the Council for a three-month trial basis of allowing them to
bring their birds to their meetings at the Active Club Building.
Mayor Coppola directed staff to add the reconsideration of animals in the Active Club
Building to the July 20, 2010, Work Study Session.
6. PUBLIC HEARING
Minutes of July 13, 2010
Page 3 of 11
A. 2009 International Building and Fire Codes
Development Director Weaver provided the staff report, noting the Washington State
Building Code Council periodically adopts revised building codes. As such, on July 1, 2010,
the Washington State Code Council voted to adopt the 2009 Edition of the building codes
with an effective date of July 1, 2010.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:25p.m.
B. Flood Damage Prevention
Development Director Weaver provided the staff report, noting the City of Port Orchard has
adopted regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood damage
prevention in order to minimize public and private losses due to flood conditions. It is
necessary to update and amend Chapter 15.38 in order to remain fully compliant with state
and federal law, and to ensure the City's residents qualify for the National Flood Insurance
Program. Most of the changes required are primarily to establish the City's Building Official
as the Flood Damage Prevention Administrator.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:26p.m.
7· BUSINESS ITEMS
A. Approval of Contract No. 047-10, Authorizing the Mayor to Execute an
Agreement for the City's Official Newspaper Publication Services
City Clerk Kirkpatrick provided the staff report, noting that annually, RCW 35.21.875
requires each City or town to designate an Official City Newspaper. A Request for
Newspaper Publication Services was published on June 4, 2010, which requested the price
per column inch, the cost per additional line, and the cost to post to their website. The bids
closed on June 11, 2010, and two bids were received from the Port Orchard Independent
(PO Independent) and the Kitsap Sun as follows:
Port Orchard Independent: 2009
Price per column inch* $2.95
Cost per additional line $0.33
Legal notices on website $o.oo
*Column per inch = 1'' x 1.125"
KitsapSun:
Price per column inch*
Cost per additional line
2009
$3.19
NA
2010
$2.97
$0.33
No Charge
2010
$2.85
$0.29
Minutes of July 13, 2010
Page 4 ofn
Legal notices on website
*Column per inch = 1" x 1"
$7.00 per ad
At their June 22, 2010, meeting, Council directed staff to obtain online circulation and
2009 and 2010 YTD ad expenses.
Port Orchard Independent:
January-June 2010 Total Website
Verification Council:
Website Pageveiws*
Website Unique Visitors**
Website Total Visits***
2010
Circulation Numbers as Audited by Circulation
316,790
66,061
115,721
Website Kitsap News Group* Pageviews 1,436,075
Website Kitsap News Group Unique Visitors 303,536
Website Kitsap News Group Total Visits 544,848
*Kitsap News Group consists of Bainbridge Island Review, North Kitsap Herald, Central
Kitsap Reporter, Bremerton Patriot and Port Orchard Independent.
Kitsap Sun: 2010
January to May 2010 Total Website Circulation Numbers as Audited by Audit Bureau of
Circulations:
Website Kitsap Sun Pageviews
Website Kitsap Sun Unique Visitors
Website Kitsap Sun Total Visits
14,186,426
380,421
3,184,222
*These numbers are based on anyone who visits the website and clicking on any advertisement and/or article.
**These numbers are based on any one person who visits the website per IP address in a period of one month.
***These numbers are based on anyone who visits the \vebsitc, no matter how many times throughout a period of one month.
The total cost of legal notices in 2009 was $2,688.94, and should the City have the same
amount of publication during 2010, the PO Independent charge at the proposed rate of $2.
95 would be $2,707.17 and the Kitsap Sun's charge at the proposed rate of $2.85 would be
$2,597.79, based on once a week publication. However, with the current policy to also
publish on the newspaper's website the Kitsap Sun would have an additional cost of $791,
for online legal ad noticing. The PO Independent provides posting of legal ads to their
website at no charge. The total cost of legal notices through May 2010 is $957.28, and
should the City continue with the same velocity of ads for the remainder of the year at the
PO Independent's proposed rate of $2.95, the total would be $963.77. The Kitsap Sun rate
would be $924.83, with the additional $280 for website posting. The Kitsap Sun's bid, for
comparison purpose, is based on once a week publication, and should staff publish more
than one time per week, the ad cost would rise accordingly. Both papers allow postings to
their website at anytime in order to meet certain publication deadlines. However, the State
does not recognize web posting as the "official" affidavit of publication, and City staff would
still defer to print as the main source of public noticing.
Minutes of July 13, 2010
Page 5 of 11
In response to Councilmember Olin, City Clerk Kirkpatrick clarified that the 2009 Request
for Proposal did include the option for website posting; however neither newspaper chose
to provide that pricing as they were not in a position at that time to post legal notices to
their website.
Councilmembers Colebank, Putaansuu, Clauson, and Powers voiced their support of the
Port Orchard Independent, noting that the Independent is:
• Committed supporter of our local community;
• Cost effective;
• Past policy has been for City staff to use the website for official notices;
• You can go back and review past publications through their website; and
In response to Councilmember Chang, City Attorney Jacoby explained not all policies are in
written form and that other informal ways the Council has conveyed its message to staff has
been through past practices, custom, and comments from the dais.
Councilmember Clauson noted that City staff would be working with state legislators to
amend publication requirements for second class cities and to make website postings an
official publication.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to approve Contract No. C047-10, designating the Port Orchard
Independent as the City's Official Newspaper in accordance with Port Orchard
Municipal Code Chapter 1.16. Upon vote, the motion passed with five
affirmative votes and two dissenting votes. Councilmembers Chang and Olin
cast the two dissenting votes.
B. Approval of the June 15, 2010, Work Study Session Minutes
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to approve the June 15, 2010, Work Study Session minutes. Upon vote,
the motion passed unanimously.
C. Approval of the June 22, 2010, Council Meeting Minutes
Councilmember Olin MOVED and Councilmember Childs seconded the motion
to approve the June 22, 2010, Council meeting minutes. Upon vote, the motion
passed unanimously.
Minutes of July 13, 2010
Page 6 ofu
D. Adoption of Ordinance No. 013-10, Amending Port Orchard Municipal Code
Section 15.04.010 2009 International Building Code
Development Director Weaver presented the staff report, noting the Washington State
Building Code Council periodically adopts revised building codes. As such, on July 1, 2010,
the Washington State Code Council voted to adopt the 2009 Edition of the building codes
with an effective date of July 1, 2010. Ordinance No. 013-10 adopts the new edition of the
code in order to be in compliance with the state.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to adopt Ordinance No. 013-10, amending Port Orchard Municipal
Code Section 15.01.040 2009 International Building Codes effective July 1,
2010.
Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion to amended Ordinance No. 013-10, Subsection 15.02 (3)(1) to add
language, to not exceed 200 square feet (18.58 m 2 ). Upon vote, the motion
passed unanimously.
Upon vote, the main motion as amended passed unanimously.
E. Adoption of Ordinance No. 014-10, Amending Port Orchard Municipal Code
Section 15.12 2009 Fire Codes
This item was moved to the July 27, 2010, Council meeting to allow for continued
discussions with South Kitsap Fire and Rescue.
F. Adoption of Ordinance No. 015-10, Amending Port Orchard Municipal Code
Chapter 15.38 Flood Damage Prevention
Development Director Weaver presented the staff repott, noting the City of Pott Orchard
has adopted regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood
damage prevention in order to minimize public and private losses due to flood conditions to
ensure City residents qualify for the National Flood Insurance Program.
Councilmember Colebank MOVED and Councilmember Olin seconded the
motion to adopt Ordinance No. 015-10 amending Port Orchard Municipal Code
Chapter 15.38 Flood Damage Prevention. Upon vote, the motion passed
unanimously.
Minutes of July 13, 2010
Page 7 ofu
G. Adoption of Resolution No. 025-10, Authorizing Turtle Ridge Internal
Access Road Variance Request from City Council Resolution No. 1971
Public Works Director Dorsey presented the staff report, noting on February 27, 2009, the
City received a request to subdivide 8.8 acres into nine (9) lots from Mr. Steve Dutton on
behalf of Ms. Maureen Barta. The City reviewed the proposal for environmental impacts
and a Mitigated Determination of Non-Significance (MDNS) was issued on September 24,
2009. The Hearing Examiner held an open record hearing on the preliminary plat request
and on October 5, 2009, the Hearing Examiner approved the preliminary plat with
conditions. On November 24, 2009, the City Council reviewed and approved Resolution
No. 115-09, thereby allowing a waiver from the street standards that limits the number of
single family residences served from a private road to five (5) lots, being Resolution No.
1971. The applicant is again requesting a waiver from the City's road standard as defined by
Resolution No. 1971. This new waiver request proposes to eliminate the curb and gutter
along the internal access road/cul-de-sac in order to provide beneficial storm water run-off
pre-treatment. The Council alone has the authority to waive the road standards and no
other aspect of the currently approved nine (9) lot residential plat would be reviewed
and/or modified by Council action this evening. Public Works Director indicated that this is
a unique development and this particular variance is to work with the developer on
providing stormwater and chlorine mitigation.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to adopt Resolution No. 025-10, authorizing Turtle Ridge internal
access road variance request from City Council Resolution No. 1971. Upon
vote, the motion passed unanimously.
At 7:58 p.m. Mayor Coppola recessed the meeting for a thirty-three minute executive
session regarding potential litigation in accordance with RCW 42.30.110(1)(A). City
Attorney Jacoby and Development Director Weaver were invited to attend and the Mayor
announced that action would be taken as a result ofthe executive session.
At 8:31p.m. Mayor reconvened Council back into regular session.
H. Approval of Public Defender Settlement Agreement with Todd Buskirk Law
Office
City Attorney Jacoby presented the staff report, stating the settlement agreement is the
result of the associate hired by Mr. Buskirk to handle the City's public defender work
leaving the state and that Mr. Buskirk no longer has a qualified person to perform the
duties of the contract.
Minutes of July 13, 2010
Page 8 ofn
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to authorize the Mayor to execute the settlement agreement regarding
termination of public defender services with the Buskirk Law Offices. Upon
vote, the motion passed unanimously.
H. Approval of Contract No. 050-10, Authorizing the Mayor to Execute an
Agreement with Cross, LaCross, and Murphy, PLLC for Public Defender
Services
City Clerk Kirkpatrick presented the staff report, noting staff prepared a Request for
Proposal for public defender services and received three responses:
Ronald D. Ness and Associates
Cross, LaCross & Murphy, PLLC
Jeff Whalley, Attorney at Law (Did not meet minimum bid requirements)
An interview committee comprised of the Assistant City Attorney Jennifer Forbes, City
Clerk Patti Kirkpatrick, and Tim Kelly, Attorney at Law, conducted interviews with two of
the three applicants on Tuesday, July 6, 2010. The interview committee did not interview
Mr. Whalley as he did not meet the minimum bid requirements. The interview committee
determined that Cross, LaCross, and Murphy, PLLC as the best candidate for the City for all
services related to the City's Public Defender Services. The contract was negotiated with Mr.
John Cross and an amended Professional Services Agreement has been provided to Council
for consideration. The following sections have been revised:
• Section 3 Compensation, Page 2
• Exhibit A Section 8, Page 9
• Exhibit B Sections 1, 2, 4, 5, 6, and 7, Pages 11 and 12. It should be noted
that the Cross Firm will take over the case load from the prior public
defender for a one-time lump sum payment of $5,000 in addition to the flat
monthly rate. The July monthly payment shall be $9,516.20, which includes
the one-time lump payment and the prorated July payment.
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to approve Contract No. 050-10, ratifying the Mayor's signature for an
agreement with Cross, LaCross, and Murphy, PLLC for a 24-month period,
effective July 13, 2010 and expiring July 14, 2012, in an amount not to exceed
$7 ,ooo flat rate per month. Upon vote, the motion passed unanimously.
8. CITIZENS COMMENTS
There were no citizen's comments.
Minutes of July 13, 2010
Page 9 of 11
9· COMMITTEE REPORTS
Councilmember Putaansuu announced the Utilities Committee will hold a second Open
House regarding the proposed sewer rate increase on Thursday, July 15, 2010, at the
McCormick Woods Clubhouse at 6:oop.m.
Councilmember Olin announced the McCormick Woods Park meeting will be held on
Wednesday, July 14, 2010, at 7:00p.m. at City Hall at which the first of three presentations
from the consultants will be presented; that the Public Property Committee did not meet;
and the Sewer Advisory Committee meeting for July was canceled.
Councilmember Childs announced the Economic Development Tourism Committee
meeting will be held on Wednesday, July 14, 2010, at 5:30p.m. at City Hall.
Councilmember Colebank reported he attended the Puget Sound Regional Council meeting,
noting that Kitsap County was eligible for $740,000 of the $24.8 million allocated for
congestion and air quality improvement programs.
Councilmember Powers announced the Kitsap Regional Coordinating Council's (KRCC)
Transportation Committee will meet on Thursday, July 15, 2010, at 1:00 p.m. at the Norm
Dicks Government Center in Bremerton.
10. MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Attended the AWC Annual Conference seminars regarding Economic Development;
Social Media; Records Retention; and Leading Change and Managing Change;
• Rode in Fathoms O'Fun Parade;
• Participated in an interview on KITZ radio regarding the buy local program;
• Attended the Ham Radio National Call-out weekend;
• Participated in a photo session with Police Chief Townsend for "Police Chief for the
Day";
• Attended the Kitsap County Department of Emergency Management training for
Elected Officials;
• Attended the Revenue Sharing meeting;
• Attended the Kitsap Transit Personnel Committee meeting;
• Met with Senator Kilmer regarding upcoming legislative session issues, including
public records request and online legal notice publication;
• Met with Chief Townsend and Public Works Dorsey regarding the July 4th road
closure;
• Met with Downtown Business Ad Hoc Committee to address any concerns;
Minutes of July 13, 2010
Page 10 of 11
• Met with Joe Roszak of Kitsap Mental Health Service regarding a possible lid lift
election;
• Attended the KRCC, Board of Health, and Housing Authority board meetings;
• Met with Leah Wattree and Jan Haynes regarding the Point Hope Project's Paint the
Town Too;
• Met with Councilmember Clauson and Gary Sexton regarding possible consulting
work;
• Participated in interviews regarding a liaison person for Kitsap Transit;
• Participated in the mediation with Buskirk Law Firm's Settlement Agreement;
• Met with a developer about a project in the City of Port Orchard;
• Had lunch with Dr. Johnny Green, who was a local Charity auction winner;
• Met with James Otta who is interested in possibly running for City Council;
• Attended the KRCC Executive Committee meeting; and
• Recorded the Mayor's monthly newsletter.
11. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reported that the Seawall project is complete and will be
bringing forward a change order to reflect the savings; met \Vith the Port of Bremerton
regarding the Bay Street Pedestrian Pathway project and noted the Port's preferred choice is
Option No. 1, which was the Council's second choice. The Port of Bremerton will take
formal action at their next Commissioner's meeting. Mr. Dorsey reported the Tremont
Widening project funding has been obligated and the City has received environmental
clearance and will be submitting application for an additional $soo,ooo; the right-of-way
acquisition are at 25%, 8 out of 32 checks have been sent out; and there is water at Well No.
11, which the Utilities Committee will need to decide on the next step.
Development Director Weaver reported the planning and building department has received
a commercial building permit for 7-11 on Mile Hill, which was processed in record time; he
has applied for a grant to repair and/or improve the Dekalb pier; completed the
Transportation Enhancement program application with the help of the Public Works
Depattment for Phase 1 of the Mosquito Fleet Trail Pedestrian Path; advised that Kitsap
County was handed a decision against them regarding the 2006 Comprehensive Plan to
resize the Urban Growth Area (UGA); and City has received approximately 7 request for
annexation.
City Clerk Kirkpatrick announced the Port Orchard Chamber of Commerce and the
Bremerton Chamber of Commerce are co-hosting a Candidates forum for the Kitsap County
Commissioners race that is free to the public on Wednesday, July 14, 2010, at ?:30 a.m. at
City Hall.
Minutes of July 13, 2010
Page 11 of 11
13. ADJOURNMENT
At 9 :03 p .m. MaY-or Coppola adjourned the meeting.