07/17/2012 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session of July 17, 2012
7:00p.m. Call to Order
Mayor Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and
Councilmembers Fred Chang, John Clauson, Cindy Lucarelli, Jim Colebank, Carolyn
Powers and Rob Putaansuu were present. Public Works Director Mark Dorsey,
Development Director James Weaver, Treasurer Allan Martin, Police Chief Townsend, City
Clerk Brandy Rinearson, Office Assistant Jenine Dennison, and City Attorneys Greg Jacoby
and Jennifer Forbes were also present.
Mayor Matthes led the audience and Council in the Pledge of Allegiance.
1. Discussion: West Sound Local Integrating Office Report and Information
Betsy Daniels, the Local Integrating Organization Coordinator with Triangle Associates,
updated the Council on the Puget Sound Partnership, mentioning the following:
• The federal funding for this grant program comes to the Partnership by way of the
Environmental Protections Agency (EPA). The source of the federal funding for the
EPA is the National Estuary Program Fund, and the fiscal agent for this grant locally
is Kitsap County.
• In May 2012, Triangle Associates was hired to serve as the 'LIO Coordinator' for the
area currently known as the West Sound/North Central Action Area.
• The Puget Sound Partnership is a State agency that has been charged with
developing and maintaining an Action Agenda that keeps track of the health of
Puget Sound and what actions are needed to address threats and pressures to
ecosystem health. They have no regulatory authority, but are authorized to
distribute grant funding.
• The purpose ofthe LIO's (and why coordination funding is made available) is to:
o Communicate with the Partnership about what the "science-based" priority
actions are locally that are needed or underway to address the "threats and
pressures" to ecosystem health-such as stormwater, habitat, and pollution
from runoff affecting shellfish;
o Determine resources needed across the area -"the partnership will continue
to work with local areas to look for funding that supports implementation of
projects"; and
o Coordinate across multiple forums and organizations to share information
and resources, and look for efficiencies.
• As there are a majority of governments interested in proceeding, a few of the elected
representatives will be meeting with the Partnership's Leadership Council on
August 8, 2012, to indicate interest in developing an approach for the LIO. This will
allow the developing LIO to continue to receive Coordination grant funding.
Ms. Daniels informed the Council that there are no requirements for this Partnership as it
is all voluntary. If the Council is interested in joining, she offered a draft Resolution in
which the Council could address who they would want to represent the City on the Puget
Sound Partnership committee.
The Council addressed their concerns regarding joining another organization where the
distribution of funds could be whittled down.
Council Direction: No direction was given to Staff.
2. Update: Mayor's Report
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Mayor Matthes and staff provided a brief update on the Council's short-term goals which
included:
• The City Clerk's office has been working on updating the City's website by
accumulating information from various websites to make the site more user
friendly.
• The Economic Development Committee is working with local organizations who
have expressed an interest in a partnership with the City in designing and building a
few "Welcome to the City" signs.
• The Finance Department has responsibilities that help nearly all departments meet
their 2012 Council short-term goals, including the Bethel Corridor Financial Plan;
the City Financial Plan, and implementation of new financial software.
• The Planning and Building Department's goals entail the Council approved 2012
department docket items, which includes the Shoreline Master Program; Blackjack
Creek Wilderness Trail; Medical Marijuana Regulations; DeKalb Pier Project;
Transfer of Development Rights Grant; Kitsap County UGA Remand; Citywide
Capital Facilities Plan Update; Bethel Annexation; Grant Applications; Port of
Bremerton for Waterfront Park Planning and Landscaping; and Sign Code Update.
• The Public Works and Engineering Department provided a document outlining the
2012 Construction Projects which include the Cedar Heights Sidewalk; Street
Striping; Library Roof; Bay Street Pedestrian Pathway; McCormick Woods STEP
Upgrade, and the DeKalb Pier.
• The Police Department has been working on the Community Service Program
Changes and the Bethel Police Officer Position.
• The Municipal Court provided the Council with new standards for indigent defense,
including a standard to regulate caseload limit guidelines adopted by the
Washington Supreme Court.
Council Direction: No direction was given to staff.
3· Update: Fluoride Survey
Public Works Director Mark Dorsey provided the final results for the fluoride survey which
are as follows:
• Pro 446 (59.2%)
• Against
• No Comment
• Total Received
• Total Mailed
• Return Percentage
304 (40-4%)
3 (00.4%)
753
3804
20%
Mr. Dorsey also informed the Council of the history of fluoride in the water which is as
follows:
• In 1969 there was an Ordinance regarding adding fluoride to the City's water by a ballot
measure.
• January 28, 1969, voters passed to include fluoride in the City's water.
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Page 3 of 5
• Ordinance 860, which passed July 27, 1970, amended the budget to expand a water
fund to add fluoride to the system.
• On December 28, 1970, the State Department of Social and Health Services approved
and accepted the City's fluoridation equipment and authorized fluoridation of water
supplies on January 15, 1971.
Mr. Dorsey also provided the Council and staff with letters from individuals and businesses
regarding their support/opposition of added fluoride to the water.
Council Direction: No direction was given to Staff.
4· Discussion: 2013 Goals
Council Direction: Council directed staff to place this item on the August 21, 2012, Work
Study Session agenda.
5· Update: Status of CodejComp. Plan
Development Director James Weaver stated that he has been rece1vmg comments
regarding citizens are surprised that tattoo parlors were allowed in the downtown overlay
district, as this may not fulfill the 'intent' the Council desires of the downtown area.
Presently, tattoo parlors are allowed pursuant to the existing written Port Orchard
Municipal Code (POMC) Section 16.20 for the Downtown Overlay District regulations.
POMC allows this use based upon the Standard Industrial Classification (SIC) Code
System. Tattoo parlors by definition, fall under SIC Code No. 72 General Provisions
Services.
Mr. Weaver mentioned that there has not been a lot of interest in retail owners purchasing
downtown space. Most seem to be focusing on areas on Bethel Avenue, Mile Hill, Sidney
and Sedgwick roads. He also stated the bail bond companies seem to be focusing on moving
downtown, as Port Orchard is the County seat. Currently bail bond companies are only
allowed on the upper level of the buildings downtown.
Mr. Weaver informed the Council that there are several options to consider regarding
tattoo parlors in the land use code:
• In 2012, amend the Port Orchard Municipal Code to prohibit tattoo parlors in the
downtown overlay district or
• Take the holistic approach and make several changes and amendments in 2013.
City Attorney Greg Jacoby also stated that the Council could do a moratorium on additional
tattoo parlors, but they have to be actively working on zoning changes.
Mr. Weaver also presented the Council with Kitsap County's preferred Urban Growth Area
(UGA), which the County will be adopting on August 15, 2012. The County included the
parcels we own in McCormick Woods and the extension to Highway 16 and Bethel Avenue.
Several areas have been pulled back from the UGA including the South Bielmeier area, the
Long Lake extension, and large areas of Phillips have been reduced. Also, the entire area of
Beach Drive has been taken off of the County's UGA.
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In response to Councilmember Powers, Mr. Weaver confirmed that the City can provide
water to residents outside of the UGA.
Council Direction: Council directed staff to make an amendment to the 2012 Land Use
Code Update to ban tattoo parlors in the Downtown Overlay District; and in 2013, to take a
holistic approach of the downtown overlay district land uses.
At 8:27p.m., the Council took a 5 minute break.
6. Discussion: Council Travel/Training Policy
Councilmember Childs explained his concerns regarding reimbursement to
Councilmember's who travel or attend meetings on behalf of the City. He provided a list of
14 organizations of who he believes that if the Council attends their meetings, they should
be refunded, including; Kitsap Peninsula Visitors and Convention Bureau; Home Builders
Annual Meeting and the Realtor Annual Meeting. Mr. Childs expressed his interest in
having $3,520 for Reimbursable Council Expenses, to be split between the 14 organizations
or meetings in the 2013 budget.
Currently, the City has no resolutions or ordinances that address expense reimbursement.
However, the City has set specific policies regarding expense reimbursement into the
Personnel Handbook.
City Treasurer Allan Martin mentioned that the current budget has a line item for travel
and when a reimbursement is requested it will go against that account, but there is no line
item per organization. Mr. Martin pointed out that the 'Pharris Memo', which was written
by Sr. Assistant Attorney General James K. Pharris in 1987, mentions that it is ultimately
up to the citizens to choose how their tax dollars are being used.
Mr. Martin also reiterated his opinion based upon the Pharris memo that association
banquets and the alike, do not meet the standard of service for a public purpose.
Council Direction: Council directed staff to move forward with a resolution naming the
organizations, meetings, trainings, and events as presented by Councilmember Childs for
Council reimbursement.
At 9:09p.m., Council moved into Executive Session for 32-minutes regarding the purpose
of discussing potential litigation per RCW 42.30.110 (1). The City Attorney was invited to
attend the Executive Session.
At 9:41 p.m., Mayor Matthes reconvened the meeting.
7· Update: Medical Marijuana
City Attorney Greg Jacoby provided the Council with 7 alternatives addressing the
regulations of medical marijuana which are as follows:
• Alternative One: Outright Prohibition of Dispensaries;
• Alternative Two: Severe Limitation of Dispensaries;
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• Alternative Three: Moderate Limitation of Dispensaries;
• Alternative Four: Allowance of Dispensaries in Downtown Overly District;
• Alternative Five: Addition of Subject to DEA Approval;
• Alternative Six: Outright Prohibition of Dispensaries and Collective Gardens; and
• Alternative Seven: Option for Licensing.
City Attorney Jennifer Forbes mentioned that at their last meeting, the Planning
Commission had a recommendation to the Council for an Alternative Eight, which is an
Extension of Moratorium for Additional Research. This would make no amendments to the
City Land Use Code, but would acknowledge the moratorium, and add licensing options.
Mr. Jacoby stated that the Council will need to extend the collective garden moratorium, or
at the July 24, 2012 meeting, the Council could adopt one of these 8 alternatives. There will
also be a Public Hearing at that meeting for discussions relating to medical marijuana
moratoriums.
Council Direction: Council directed staff to go forward with Alternative Seven, and
present an ordinance amending 5.12 of the business license code at the July 24, 2012,
Council meeting.
8. Discussion: Council Oversight
Council Direction: Council directed staff to place this item on the September 21, 2012,
Work Study Session agenda.
9· Discussion: Housing Kitsap Commissioners
City Attorney Greg Jacoby informed the Council that the Kitsap County Housing Authority
Board has a current ordinance which states that only elected officials may serve on the
Board. The Board would like to modify the language to state each jurisdiction could
appointment someone other than an elected official. This would give the jurisdictions
flexibility, if their elected official is unable to attend the meeting.
Council Direction: Council directed Mayor Matthes to present a letter to the Kitsap
County Housing Authority Board informing them that the Port Orchard Council is not in
agreement to allow nonelected officials serve on the Board.
Next Work Study Session-Tuesday, August 21, 2012
eeting was adjourned.
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