02/14/2012 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 14, 2012
1. CALLTOORDERANDROLLCALL
Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs
and Councilmembers Fred Chang, John Clauson, Rob Putaansuu, Jim Colebank, and Cindy
Lucarelli, were present and constituted a quorum. Police Chief Tovmsend, Public Works
Director Dorsey, City Treasurer Martin, Development Director Weaver, Interim City Clerk
Rinearson, Administrative Assistant Dennison and City Attorney Jacoby were also present.
Absent: Councilmember Carolyn Powers
A. Pledge of Allegiance
Kathleen Wilson led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Gerry Harmon voiced her displeasure vvith the Port Orchard Independent regarding the
comments they have been publishing regarding Mayor Matthes' change in staff; and would
like the paper to step-back and see how Mayor Matthes will do in his new job before making
any judgments.
Don Manning, a property owner and small business man, briefly mentioned that in
January 2010, the Supreme Court rolled back remaining legal limits on corporate spending
in the electoral process, which allows unlimited corporate spending to influence elections.
He urged the City to pass a Resolution again~t this ruling, which states that Corporations
are not people and therefore their cash is not to be afforded the right to free speech.
3· APPROVALOFAGENDA
Councilmember Chang MOVED and Councilmember Colebank seconded the
motion to excuse Councilmember Powers from the meeting. Upon vote, the
motion passed unanimously.
The following items were added to the agenda:
• Declaring certain personal property as surplus and authorizing disposition of a
derelict vessel was added to the Business Items; and
• 15-minute Executive Session to discuss potential litigation to be discussed after the
Public Hearing and before the Business Items.
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Councilmember Clauson MOVED and Councilmember Lucarelli seconded the
motion approving the Agenda as amended. Upon vote, the motion passed
unanimously. Councilmember Powers was absent.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 57055 through 57161 in the amount of
$312,569.85; January's Payroll Warrant Nos. 144296 through 144347 in the amount
of $517,926.52; and Treasurer's check book in the amount of $2,259,580.97
B. Approval of the January 17, 2012, Work Study Session Minutes
C. Approval of the January 24, 2012, Council Meeting Minutes
D. Setting Meeting for Work Study Session to February 21, 2012, at TOO p.m. at City
Hall
E. Adoption of Resolution No. 003-12, Declaring Certain Personal Property as Surplus
and Authorizing the Disposition Thereof a Seized Vehicle
F. Approval of Contract No. 022-12, Authorizing the Mayor to Execute an Interlocal
Agreement with the City of Gig Harbor, Washington State Patrol, and Kitsap County
regarding Facility Use of the Firearms Range
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously. Councilmember Powers was absent.
5· PRESENTATION
A. State of Port Orchard Library
Kathleen Wilson, Branch Manager at the Port Orchard Branch of the Kitsap Regional
Library, showed a presentation regarding the services, programs, and the future of the
library which included:
• "To the Library" Program;
• Partner and Community Events;
• Adult Programming;
• Local Author Programs;
• Summer Programs at the Gazebo;
• Partnered with the South Kitsap School District for the Free Summer Lunch
Program;
• Strong Partners;
• Financially Solvent;
• Small Budget Surplus;
• No Lay-Offs;
• Evolving Collections; and
• Freegal downloadable Mp3.
Updates for 2012 include:
• New carpeting;
• Newroof;
• Awe learning system;
• New furnishing in the Children's Cove; and
• New laptop table.
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B. Update on Renewing the Temporary Fire Levy to Maintain Current Level of
Service
Chief Wayne Senter with South Kitsap Fire and Rescue spoke regarding the Emergency
Levy which is coming up for ballot. He provided a fact sheet which included the following:
• On April 17, 2012, the renewal of the temporary emergency services levy to produce
the same funding in 2013 as was raised in 2012 will be brought forth;
• The temporary emergency levy represents approximately $1.7 million of the total $12
million property tax levy for South Kitsap Fire and Rescue for 2012;
• Since 2006 when the initial temporary levy lid lift was passed, they have staffed
Station 11 on Bethel Road and Station 9 near Manchester, which has improved their
response time by 195 seconds; and
• South Kitsap Fire and Rescue has 102 employees and 6o active volunteers with a
total of 16 fire stations. They have an annual budget of $14.3 million to fund over
8,ooo calls annually.
Please visit www.skfr.org to review budget information, goals and objectives and the fact
sheet provided at this meeting.
In response to Paul Golnik, Fire Commissioner for South Kitsap Fire and Rescue,
Councilmember Putaansuu and Councilmember Clauson expressed their interest in
creating a Resolution supporting the temporary emergency levy to be brought forth at the
February 28, 2012, City Council Meeting.
6. PUBLIC HEARING
A. Amendments to 2011 Comp Parks Plan
Development Director Weaver presented the staff report noting that the City's
Comprehensive Parks Plan update was developed in consideration of the Goals of the GMA
for the development of local Capital Facilities Plans, consistent with RCW 36.70A.o2o and
reflect a careful balancing of these goals within the local conditions of the City of Port
Orchard. This Parks Plan is a culmination of efforts by planning staff and the public to
provide guidance for future parks, recreation, open space and funding opportunities in order
to provide the residents of Port Orchard with recreational opportunities, including goals and
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policies that will assist the City of Port Orchard accommodate the capital facilities needs for
parks and recreation over the planning horizon.
This Port Orchard Parks Plan Update was developed from significant citizen input, from
recommendations from the Parks Plan sub-committee and from the Port Orchard Planning
Commission. The proposed City Parks Plan Update incorporates and is consistent with State
goals and requirements, including Kitsap County plans and Regional Park & Recreation
planning efforts, in addition to ensuring consistency with the Kitsap Countywide Planning
Policies (CCP's). On November 21, 2011, the Port Orchard Planning Commission held a
public meeting and considered testimony on the Draft Port Orchard Parks Plan Update prior
to approving Planning Commission Resolution No. 007-11, recommending City Council
adoption.
Mayor Matthes opened the Public Hearing at 8:07p.m.
Gil Michael offered his support of Development Director Weaver and the Comprehensive
Parks Plan, and encouraged the Council, as part of the Comprehensive Parks Plan, to begin
the process to appoint a parks commission.
There being no further testimony, Mayor Matthes closed the Public Hearing at 8:10p.m.
B. Moratorium Relating to Medical Marijuana Collective Gardens
City Attorney Jacoby presented the staff report noting that on August 23, 2011, the City
Council adopted Ordinance No. 016-11, imposing a moratorium on Medical Marijuana
collective gardens for a period of six months. RCW 35.63.200 allows the City Council to
renew the moratorium for an additional six months if a second Public Hearing is held and
findings of fact are made prior to the renewal. This Public Hearing is for consideration of
testimony related to the Ordinance No. 003-12, renewing the moratorium for six months.
Staff has been working in conjunction with the City Attorney to develop draft regulation
alternatives, which have been presented to the Planning Commission. Four alternatives for
draft regulations have been under review by the City Attorney and the Port Orchard
Planning Commission. The Planning Commission has not recommended any alternatives
and the process of revising the draft regulations is ongoing. Since August 23, 2011, the legal
uncertainties of whether collective gardens violate federal law have continued.
Furthermore, a recent bill has been proposed before the Washington State Senate (SB
6265) which might clarify the City's authority to regulate collective gardens. As that Senate
Bill has yet to be adopted, the City staff is hesitant to finalize any draft regulations to ensure
that the City is ultimately compliant with the requirements of what may be eventually
adopted. Accordingly, further study is warranted.
Mayor Matthes opened the Public Hearing at 8:14p.m.
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Jared Allaway spoke on behalf of the patients and questions why the process is taking so
long with the Moratorium. He also asks that the City Police stop arresting patients and their
providers.
There being no further testimony, Mayor Matthes closed the Public Hearing at 8:16p.m.
C. Moratorium Relating to Medical Marijuana Dispensaries
City Attorney Jacoby presented the staff report noting that on February 22, 2011, the City
Council adopted Ordinance No. 002-11, imposing a six month moratorium on accepting or
processing applications, permits, or licenses for any building or land use activity relating to
medical marijuana dispensaries. RCW 35.63.200 allows the City Council to renew the
moratorium for an additional six months if a second Public Hearing is held and findings of
fact are made prior to the renewal. On August 9, 2011, City Council adopted Ordinance No.
012-11, renewing the moratorium for six months. This Public Hearing is for consideration
of testimony related to the Ordinance No. 004-12, as to whether the moratorium should be
renewed for an additional six months.
Staff has been working in conjunction with the City Attorney to develop draft regulation
alternatives, which have been presented to the Planning Commission. Four alternatives for
draft regulations have been under review by the City Attorney and the Port Orchard
Planning Commission. The Planning Commission has not recommended any alternative
and the process of revising the draft regulations is ongoing. Since August 9, 2011, the legal
uncertainties of whether collective gardens violate federal law have continued as federal
agents have raided over a dozen medical marijuana businesses. These actions have
increased the City's overall concern that the federal government may take action against
individuals and businesses who are operating said businesses in violation of federal laws.
Accordingly, fmther study is warranted.
Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 8:18p.m.
In response to Gil Michael, City Attorney Jacoby stated that the Executive Session is being
held to discuss potential litigation per RCW 42.30.110(1).
EXECUTIVE SESSION
At 8:19 p.m. Council moved into Executive Session for 15 minutes for the purpose of
discussing potential litigation per RCW 42.30.110(1). The City Attorney was invited to
attend the Executive Session.
At 8:38p.m. Mayor Matthes reconvened Council back into regular session.
7. BUSINESS ITEMS
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A. Adoption of Resolution No. 004-12, Adopting the Amendments to the 2011
Comprehensive Parks Plan
Development Director Weaver presented the staff report noting that the City Parks Plan
update was developed in consideration of the Goals of the GMA for the development of
local Capital Facilities Plans, consistent with RCW 36.70A.020 and reflect a careful
balancing of these goals within the local conditions of the City of Port Orchard. This Parks
Plan is a culmination of efforts by planning staff and the public to provide guidance for
future parks, recreation, open space and funding opportunities in order to provide the
residents of Port Orchard with recreational opportunities, including goals and policies that
will assist the City of Port Orchard accommodate the capital facilities needs for parks and
recreation over the planning horizon.
This Port Orchard Parks Plan Update was developed from significant citizen input, from
recommendations from the Parks Plan sub-committee and from the Port Orchard Planning
Commission. The proposed City Parks Plan Update incorporates and is consistent with
State goals and requirements, including Kitsap County plans and Regional Park &
Recreation planning efforts, in addition to ensuring consistency with the Kitsap
Countywide Planning Policies (CCP's). On November 21, 2011, the Port Orchard Planning
Commission held a public meeting and considered testimony on the Draft Port Orchard
Parks Plan Update prior to approving Planning Commission Resolution No. 007-11,
recommending City Council adoption.
After a brief discussion, Council agreed with the City's finances in the shape it is; it would
be unrealistic to justify the funds to support a Park Commission.
Councilmember Colebank MOVED and Councilmember Putaansuu seconded
the motion to adopt Resolution No. 004-12, adopting the amendments to the
2011 Comprehensive Parks Plan.
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion to remove the Parks Commission sections 10.2, 10.2.1, 10.3 and 10.3.1
of the Comprehensive Parks Plan Update. Upon vote, the motion passed
unanimously. Councilmember Powers was absent.
Upon vote, the main motion passed unanimously, as amended.
Councilmember Powers was absent.
B. Adoption of Ordinance No. 003-12, Renewing a Moratorium on Accepting
or Processing Applications, Permits or Licenses for any Building or Land
Use Activity Involving Medical Marijuana Collective Gardens
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City Attorney Jacoby presented the staff report noting that on August 23, 2011, Port
Orchard City Council adopted Ordinance No. 016-11, imposing a moratorium on collective
gardens relating to medical marijuana. Ordinance No. 016-11, will expire on February 23,
2012. Staff and the Planning Commission require additional time to consider appropriate
zoning and land use recommendations because of the uncertainty arising from pending
legislation and the tension between state and federal laws.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Ordinance No. 003-12, renewing a moratorium on
accepting or processing applications, permits, or licenses for any building or
land use activity involving medical marijuana collective gardens. Upon vote,
the motion passed with five consenting votes and one dissenting vote.
Councilmember Chang cast the dissenting vote. Councilmember Powers was
absent.
C. Adoption of Ordinance No. 004-12, Renewing a Moratorium on Accepting
or Processing Applications, Permits, or License for any Building for Land
Use Activity Involving Medical Marijuana Dispensaries
City Attorney Jacoby presented the staff report noting that on February 22, 2011, Port
Orchard City Council adopted Ordinance No. 002-11, imposing a moratorium on the
acceptance or processing of any applications for building or land use activities relating to a
medical marijuana business or dispensary, or facilities within which a medical marijuana
business or dispensary will be operated. On August 9, 2011, Port Orchard City Council
adopted Ordinance No. 012-11, which further clarified Ordinance No. 002-11, and renewed
the moratorium for six months. Ordinance No. 012-11, will expire on February 15, 2012.
Staff and the Planning Commission require additional time to consider appropriate zoning
and land use recommendations because of the uncertainty arising from the tension between
state and federal laws.
Councilmember Childs MOVED and Councilmember Lucarelli seconded the
motion to adopt Ordinance No. 004-12, renewing a Moratorium on Accepting
or Processing Applications, Permits, or License for any Building for Land Use
Activity Involving Medical Marijuana Dispensaries. Upon vote, the motion
passed with five consenting votes and one dissenting vote. Councilmember
Chang cast the dissenting vote. Councilmember Powers was absent.
D. Approval of Adoption of Resolution No. 005-12, Accepting the Bid for a
Toyota Hybrid Police Vehicle
Police Chief Townsend presented the staff report noting that as part of the 2012 budget
approved by council, a new hybrid police vehicle was included. A request for bids was
published on January 12, 2012, with sealed bids due on January 26, 2012.
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On January 26, 2012, the City Clerk received a total of one (1) written bid from Heartland
Motor Company of Bremerton for a 2012 Toyota Highlander Hybrid police vehicle in an
amount not to exceed $43,000, which includes all sales tax, licensing, and recording fees.
Staff determined Heartland Motor Company to be a qualified bidder. The purchase price is
within the budgeted amounts.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to adopt Resolution No. 005-12, accepting the bid for a Toyota
Hybrid Police Vehicle. Upon vote, the motion passed unanimously.
Councilmember Powers was absent.
E. Approval of Contract No. 023-12, Authorizing the Mayor to Execute an
Agreement with Kitsap County for an Education and Outreach Program
Pertaining to the National Pollutant Discharge Elimination System
(NPDES)
Public Works Director Dorsey presented the staff report noting that in 2007, Kitsap
County and the Cities of Bremerton, Gig Harbor, Poulsbo, and Port Orchard agreed to start
a collaborative for the Public Education and Outreach components of the National
Pollutant Discharge Elimination System (NPDES) Permit and were named the Kitsap
Peninsula Clean Runoff Collaborative. In late 2011 Port Angeles and Bainbridge Island
expressed interest in joining the Interlocal group and with their addition, the group is
renaming itself the West Sound Stormwater Outreach Group. The City needs to extend the
expiration date due to the permit extension granted through the legislature last year and
renew the ILA due to the name change. By working as a member of the outreach group,
the City will continue to receive access to the services necessary to comply with the permit
at a fraction of the cost.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to approve Contract No. 023-12, authorizing the Mayor to execute an
Inter local Agreement No. KC-006-12, with Kitsap County for the West Sound
Stormwater Outreach Group. Upon vote, the motion passed unanimously.
Councilmember Powers was absent.
F. Meeting with Initiating Parties Regarding Notice of Intent to Petition for
Retsil Annexation
Councilmember Clauson and Councilmember Clauson recused themselves from the
meeting at 9:10 p.m. for this item, each declaring a conflict of interest.
Development Director Weaver presented the staff report noting that a Notice of Intent to
Petition for Annexation was received on January 30, 2012, to annex ten parcels (list
attached) totaling approximately 27.02 acres, located along Beach Drive East, stretching
from the City's current boundary at the intersection of Bay Street and Decatur Avenue in
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the west to just east of the intersection of Beach Drive and Olney Avenue E., in that portion
of Section 25-Township 24 North-Range 1 East; W.M., in Kitsap County, Washington.
The parcels are in the City's currently recognized Urban Growth Area. Two parcels are
designated Urban Low-Intensity Commercial/Mixed Use with Neighborhood Commercial
zoning. The others are designated Urban Low-Density Residential in the County's
Comprehensive Plan with zoning designations of Urban Low Residential, and include one
residence, parking lots, and tidelands. One parcel, 24.8 acres, houses the Retsil Veterans
Home with Public Facility zoning. One parcel is the Annapolis Ferry Dock. The annexation
area borders the Joint Facility Wastewater Treatment Plant, which is an "island" within the
City limits.
The City received Notices of Intent from two property owners, representing a valuation of
$215,790.00, which is 31.68% of the total valuation.
RCW 35.13.125 requires the Council to determine whether it will accept, reject, or
geographically modify the proposed annexation, whether it will require the simultaneous
adoption of a comprehensive plan, and whether it will require the assumption of all or of
any portion of existing city indebtedness by the area to be annexed.
The decision whether to "accept" the proposed annexation is entirely within the Council's
discretion. By accepting a notice of intent to annex, the Council is not committing itself to
annex if/when a sufficient petition is presented to it. The decision to accept merely allows
the annexation to go forward procedurally and allows a petition to be circulated.
After a brief discussion, Council directed staff to provide the Council with information on if
the Veterans home is aware of the annexation and how they are ran (Federal, State, etc ... )
before making any further decisions.
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to allow the applicant to circulate a petition for annexation of the
property depicted in the attached map, and to require the simultaneous
adoption of comprehensive plan and zoning designations, and the assumption
of existing City indebtedness by the area to be annexed.
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to continue this matter until the March 13, 2012, City Council meeting.
Upon vote, the motion passed unanimously. Councilmember Powers was
absent.
Councilmember Clauson and Councilmember Colebank returned to the meeting at 9:18
p.m.
G. Approval ofPublic Event Application: Wedding Walk
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Interim City Clerk Rinearson presented the staff report noting that each year several
organizations request permission to use/close certain City streets; request the use of City
parking lots; or use City Parks. Ms. Heather Cole with The Vintage Inn submitted an
application for a Wedding Walk on Sunday, March 18, 2012, from 12:00 p.m. to 5:00 p.m.
Brides-to-be will begin at Trophy Lake where they will be brought into the City by
limousines or shuttles to the Cedar Cove and/ or The Vintage Inn. At that time, there will be
2 horse drawn carriages, which will bring the Brides-to-be to several downtown venues.
These venues will be set up as if a wedding is taking place so the brides can view the
possibility of having their wedding in a place in downtown Port Orchard. At the end of the
event, the brides will be brought to McCormick Woods by limousines or shuttles for a wrap-
up reception. Ms. Cole has stated that it is standard practice to maintain all clean up after
the horses while on City streets. City Departments, as well as the Fire Department and
Kitsap Transit have reviewed the Public Event Application and have provided their
comments.
Councilmember Lucarelli MOVED and Councilmember Colebank seconded the
motion to approve the public event application for the Wedding Walk and for
the use of two horse drawn carriages on City streets on Sunday, March 18, 2012,
for the Wedding Walk. Upon vote, the motion passed unanimously.
Councilmember Powers was absent.
H. Adoption of Resolution No. 006-12, Declaring Certain Personal Property as
Surplus and Authorizing the Disposition Thereof a Derelict Vessel
Police Chief Townsend presented the staff report noting that the Police Department is
requesting that a 1964 Owens boat, Vessel No. WN4994J and HIN No. 14595 be declared
surplus. This boat was seized as a derelict vessel and title of the vessel has since rested with
the City of Port Orchard under RCW as part of our attempts to remove this vessel from the
water. It has twice nearly completely sunk. We are currently paying moorage at the Port
Orchard Marina, and we have had to pay a diver $3,000 to refloat the vessel on one
occasion. While this wasn't originally on the agenda, time is of the essence to reduce costs
to the city. The boat will be removed from the water once surplused and disposed of
according to the best method available at the lowest cost to the City.
Councilmember Colebank MOVED and Councilmember Lucarelli seconded the
motion to adopt Resolution No. 006-12, declaring Certain Personal Property
as Surplus and Authorizing the Disposition Thereof a Derelict Vessel. Upon
vote, the motion passed unanimously. Councilmember Powers was absent.
8. COMMITTEE REPORTS
Councilmember Clauson reported the Finance Committee will meet on February 24, 2012,
TOO a.m. at Moondogs.
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Councilmember Lucarelli reported the Economic Development and Tourism Committee
will meet Wednesday, February 15, 2012, at 5:30p.m.
Councilmember Putaansuu reported the Utilities Committee will meet Friday February 17,
2012, at the Family Pancake House; and the Sewer Advisory Committee will meet
Wednesday, February 15, 2012, 6:30p.m. at City Hall.
Councilmember Chang reported the Public Properties Committee was able to accomplish all
the items on the agenda; as well as adding a discussion regarding the Givens Community
Center.
Councilmember Colebank reported he attended the Puget Sound Regional Council
Transportation Policy Board meeting and the Kitsap Regional Coordinating Council
Transportation Policy Board meeting; and he will be attending a Peninsula Regional
Transportation Policy Organization on Friday, February 17, 2012.
Councilmember Childs reported he attended the Urban Land Institute seminar; along with
Councilmembers Lucarelli, Colebank and Public Works Director Dorsey. In addition,
announced the Rotary Club of South Kitsap will be hosting an event on Saturday, February
18, 2012, at 6:30p.m. at the Port Orchard Pavilion.
9· MAYOR'S REPORT
Mayor Matthes reported on the following:
• Read a letter regarding Public Works employees Bill Thiele and George Thompson,
who received Employee of the Quarter. He stated both of these employees are very
dependable, and their quality of work is outstanding;
• Read a letter from a citizen of Port Orchard who asked about starting a Neighborhood
Watch for Tracy Avenue. The letter commended Maureen Wheeler, Cory Batterman
and Chief Townsend for their efforts and support; and
• Read a letter from a couple looking to purchase a home in McCormick Woods; and
praised the Public Works Department and stated they were treated very fairly, which
makes them feel good about being a potential City resident.
10. REPORT OF DEPARTMENT DIRECTORS
Development Director Weaver mentioned that City Hall has been selected by the
Department of Commerce to host the Regional Short Course on Local Planning on February
23, 2012, from 1:00 p.m. to 4:00 p.m. This is a free course with no registration, and it is
hosted by the State.
11. CITIZENS COMMENTS
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In response to Peter Thurman, Mayor Matthes requested Interim City Clerk Rinearson to
take his contact information, to allow staff to look into the issues of animal waste on his
property from adjoining neighbors and the requirement to use Waste Management for
garbage disposal, versus him taking the garbage to a landfill.
12. ADJOURNMENT
or Matthes adjourned the meeting.
y Rinearson, CMC, Interim City Clerk Timothy C. Matthes, Mayor