08/11/2009 - Regular - PacketCITY OF PORT ORCHARD
Mayor:
Lary Coppola
Administrative Official
Councilmembers:
Fred Chang
Chair: Lodging Tax Advisory
Committee
Tourism Committee
Staff: Clerk's Office
Jerry Childs
Chair: Tourism Committee
Staff: Clerk's Office
John Clauson
Chair: Finance Committee
Staff: City Treasurer
Utilities Committee r
Jim Colebank
Tourism Committee
Public Property Committee
Fred Olin
Utilities Committee
Public Property Committee
Carolyn Powers
Chair: Public Property Committee
Staff: Planning Department
Finance
Rob Putaansuu
Chair: Utilities Committee
Staff: Public Works Department
Finance
Department Director:
Patti Kirkpatrick
Administrative Services
City Clerk
Kris Tompkins
City Treasurer
Debbie Hunt
Court Administrator
James Weaver
Development Director
Al Townsend
Police Chief
Mark Dorsey
Public Works/Engineering Director
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(36o)876-4407
City Council Meeting Agenda
August 11, 2009
7:00 P.m.
�. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS COMMENTS
Please limit your comments to 3 minutes for items not up for Public Hearing. When
recognized by the Mayor, please state your name and address for the official record (please
complete the sign -in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been
distributed to each Councilmember for reading and study. Consent Agenda items are not
considered separately unless a Councilmember so requests. In the event of such a request, the
item is returned to Business Items.)
A. Approval of Claim Warrants and Payroll
B. Approval of the July 21, 2009, Work Study Session Meeting Minutes
C. Approval of the July 28, 2009, Council Meeting Minutes
D. Second Reading and Adoption of Ordinance No. oi9-o9, Adding a New
Chapter 15.30 Illicit Discharge Detection and Elimination (Dorsey)
E. Adoption of Resolution No. o8o-o9, Correcting Scrivener's Error in
Resolution No. o67-o9, Regarding Duplicate Numbers and Authorizing
the Mayor to Execute Local Agency Agreement Supplements for Bay
Street Seawall and Port Orchard Boulevard Sidewalks (Kirkpatrick)
5. PRESENTATION
6. PUBLIC HEARING
A. First Reading and Public Hearing: Regarding the Proposed 2009
Water/Sewer Rate Increase (Dorsey)
7. BUSINESS ITEMS
A. Adoption of Resolution No. o81-o9, Authorizing the Mayor to Execute
a Local Agency Agreement Supplement for Tremont Street Widening
(Dorsey)
B. Adoption of Resolution No. o82-09, Authorizing the Mayor to Execute
Amendment No. 1 for Real Property Acquisition Agreement for Aid,
GCA4265 (Dorsey)
C. Approval of Public Event Application: Port Visit of S/V Lady
Washington -Tall Ships (Kirkpatrick)
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website: www.dt3mofportorchard.us or by contacting the City Clerk's Office, 36o.876.4407
Meetings are broadcast on BKAT — visit: www.bkat.org for broadcast dates and times
August u, 2009, Meeting Agenda Page 1 of 2
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to g minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Finance Committee
Tourism Committee
Utilities Committee
Sewer Advisory Committee (SAC)
Public Property Committee
Work Study Session
Date & Time Location
August 7, 2009
Myhre's
7:30 a.m.
August 12, 2009
City Hall
5:30 p.m.
September 18, 2009
Myhre's
7:30 a.m.
August 19, 2009
S.K.W.R.F
6:30 p.m.
August 13, 2009
City Hall
3:00 p.m.
August 18, 2009
City Hall
7:00 p.m.
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
Meetings are broadcast on BKAT — visit www.bkat.org for broadcast dates and times
August u, 2009, Meeting Agenda Page 2 of 2
City of Port Orchard
Council Meeting Minutes
Work Study Session of July 21, 2009
1. 7:00 p.m. Call to Order
Mayor Coppola called the meeting to order at 7:00 p.m. Councilmembers Carolyn Powers, Mayor
Pro-Tem, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu
was present. Police Chief Townsend, City Treasurer Tompkins, City Treasurer Martin, Public
Works Director Dorsey, Assistant City Engineer Archer, Development Director Weaver, City Clerk
Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present.
2. Presentation: 2009 Water System Plan
Susan Boyd of Pace Engineers provided a brief presentation regarding the 2009 Water System Plan
as follows:
• State determination that McCormick Woods and the main City's system could not be
treated as one system until they are connected;
• Reconfirm water demands and sources;
• Project goals consistent with planning for orderly development, provide tools for day to day
use, and to comply with state and local requirements be updated;
• Identify retail service area and demographic;
• Develop realistic water demand projections;
• Identify future system needs;
• Develop a detailed Capital Facilities Plan;
• Project analysis to establish the minimum criteria and define the storage capacity and
pump station capacity; and
• Recommendation to update older wells, increase water rights, establish a new well, and to
replace wells 1, 2, and 3 in McCormick Woods.
3. Discussion: Surplus of Real Property
City Attorney Jacoby provided an overview of the requirements for declaring City property surplus,
noting there are very few regulations regarding this matter and that it is up to the Council to
determine the process so long as the property sells for fair market value. After a brief discussion,
the Council deferred the matter to the Public Property Committee to develop a process and criteria
for a public/private partnership sale.
4. Update: Annexations
Development Director Weaver reported that McCormick Woods is now officially a part of the City
and as such, the Office of Finance Management's requires a population census be conducted of the
newly annexed area. The Council directed staff to place this item on the July 28, 2009, Council
meeting consent agenda to approve a contract with Calm River to complete the population census.
5. Update: Tremont Widening
Public Works Director Dorsey reported that Berger Abam will be doing an additional survey on the
storm drainage; working to update NEPA; and asking the City specific design questions with the
hopes of finishing the right-of-way acquisitions by 2010 for the Tremont Widening Project.
July 21, 2009, Work Study Session Minutes
Page 2 of 3
6. Discussion: Proclamation: 2010 Census Partner
City Clerk Kirkpatrick reported that the Kitsap Regional Coordinating Council was requesting the
City of Port Orchard issue a proclamation in support of the 2010 Census. The Council voiced its
support and directed a proclamation be brought forward at the next regular Council meeting.
7. Department of Emergency Management Location
Police Chief Townsend explained that the current emergency management equipment was located
in the Municipal Courtroom and stated it would be better if it could be relocated to the Council
Chambers. After a brief discussion, the Council concurred and directed staff to begin moving the
emergency management equipment to the Council Chambers.
8. West Sound Utility District Interlocal Agreement Regarding Boundary
Adjustment
Public Works Dorsey advised West Sound Utility District has proposed a change in the service
boundary due to the inconsistency of water lines; their lines are larger than the City's lines. The
Council directed staff to place this item on the July 28, 2009, Council meeting consent agenda.
9. Discussion: Adding a new Chapter 15.30 Port Orchard Municipal Code Illicit
Discharge Detection and Elimination
Assistant City Engineer Archer provided a draft ordinance that will meet the minimum
requirements for the State mandated program for illicit discharge detection and elimination, which
she explained would need to be adopted no later than August 15, 2009. The Council directed staff
to place this item on the July 28, 2009, meeting for first reading with adoption at its August 11,
2009, Council meeting.
io. Storm Utility Fee Ordinance Revision to Allow for Credit
Public Works Director Dorsey reported that residents were upset with the storm utility fees being
based on 85% impervious surface. After a brief discussion, the Council directed staff to create an
ordinance providing for a credit to residents who have completed the rate variance request form
prior to December 31, 2oo9, and to allow City staff to apply a retroactive credit to January 1, 2009.
ii. Mayor's Salary
The Council deferred this matter back to the Finance Committee for further review and
consideration.
12. Chain Parking in Downtown
City Clerk Kirkpatrick provided an email from Sugar Daddy's regarding chain parking. After a brief
discussion, the Council directed the Police Chief to provide a draft ordinance outlining the
proposed changes to the Port Orchard Municipal Code.
July 21, 2009, Work Study Session Minutes
Page 3 of 3
13. West Bay Developers Agreement
City Attorney Jacoby reported on the West Bay Developer's Agreement regarding accessing an easement
to build a pedestrian board walk. The attorneys have agreed upon the language of the contract and only
one issue remains regarding the City's intent to maintain the seawall. Once that issue is resolved, the
City Attorney will bring the agreement forward for approval by the Council.
14. Community Council - McCormick Woods
Councilmember Clauson proposed the formation of a Community Council in McCormick Woods and to
use this guideline for other neighborhoods looking to partner with the City to work on various issues
affecting their respective neighborhoods. The Council directed staff to: 1) schedule a work study session
to be held at McCormick Woods to discuss formation of a Community Council; and 2) to work through
any issues regarding the creation of a Community Council with Kitsap County.
15.Other Discussion Items
In response to Councilmember Olin, City Clerk Kirkpatrick explained that the Clerk's office is
responsible for ensuring taxicab licenses are up to date and that the Police Department ensures
compliance.
Mayor Coppola sought clarification from the Council as to whether or not the Public Property and
Utilities Committees could be combined into one. The Council determined that these should remain two
separate committees.
16. Next Work Study Session- Tuesday, August 18, 2oog
At 9:30 p.m. the meeting was adjourned.
Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor
City of Port Orchard
nor T71,,on , :H � „RA., .,- Council Meeting Minutes
-� �fi�'� Regular Meeting of July 28, 2009
i. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro-
Tem Carolyn Powers, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin,
and Rob Putaansuu were present and constituted a quorum. Public Works Director Mark
Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk
Brandy Rinearson, and Assistant City Attorney Jennifer Forbes were also present.
A. Pledge of Allegiance
James Kelsey led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Evelyn Hetrick voiced concern with no residential parking for residents living above
businesses on Bay Street. City Clerk Kirkpatrick requested Ms. Hetrick provide her with
contact information and that either the Chief of Police or the Mayor would call and discuss
the matter with her.
Ron Rice provided four handouts to the Council and explained his concerns with the rate
increase for storm water, noting that the original letter did not clearly explain that the first
three months of the billing cycle were to be paid at the 85% of impervious surface. He did
not feel that residents who did complete the necessary documentation calculating their
impervious surface should have to pay any penalties and interest and urged the Council to
waive the interest and penalties.
Heather Cole provided a brief update on the Paint the Town event, noting they anticipate
300-500 volunteers over the weekend; Bay Street has been broken up into four quadrants;
all participating building owners have chosen their paint colors; volunteers can still sign up
at www.portorchardpaintthetown.com; and she thanked the Council for their continued
support. Mayor Coppola and Councilmembers thanked Heather and the Paint the Town
organizers for their hard work and efforts.
3. APPROVAL OF AGENDA
The following items were added to Business Items:
• Discussion: Advisory Vote for November Election
• Discussion: Bay Street Parking
• Discussion: Address a comment in the Finance Committee minutes
The following item was moved from Consent to Business Items:
Minutes of July 28, 2009
Page 2 of 12
Adoption of Resolution No. 074-09, Authorizing the Mayor to Execute a Contract
with the City of Forks for Jail Services
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to approve the Agenda as amended. Upon vote, the motion passed
unanimously.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants #52004 through #52o64 in the amount of $72,354.95
B. Approval of the July 14, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to August 18, 2oo9, at 7:00 p.m. at City Hall
D. Adoption of Resolution No. 073-09, Correcting Scrivener's Error in Resolution No.
o68-o9, Regarding Duplicate Numbers and Authorizing the City Treasurer to Make
an Inter -Fund Loan Transfer
£L074 ,
F. Adoption of Resolution No. 075-o9, Authorizing Modification of the Water Retail
Service Area
G. Adoption of Resolution No. 076-o9, Authorizing the Mayor to Execute a Contract
with Calm River Demographics
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously.
5. PRESENTATION
A. Proclamation: 2010 Census
The Kitsap Coordinating Regional Council requested the proclamation. It was read into the
record by Councilmember Childs. It acknowledges the City of Port Orchard's participation
in the 2010 Census.
B. Presentation: Donation of Art Sculpture — James Kelsey
James Kelsey, a local sculptor presented his idea of bringing art to the community that
would be privately funded and once the funding goal is reached he would build the
sculpture, and then donate it to the City. He anticipates the sculpture to be 15 feet tall and
that it will take six months to a year to sculpt.
Councilmembers voiced the following concerns:
Minutes of July 28, 2009
Page 3 of 12
• If funding goal not reached, what would happen with the funds? Mr. Kelsey assured
the Council that if the goal was not reached all funding would be returned to the
contributor.
• How will he accommodate those contributors that do not utilize the internet? Mr.
Kelsey explained that he would accept checks as well as on-line payment, however,
all money will be returned if the goal is not reached.
• Has he looked into grants from associations such as the Washington State Arts
Association? Mr. Kelsey advised he has looked into that particular association, and
would continue to seek out grants, but noted they were very limited and very
competitive.
Mr. Kelsey advised that the website would be up and running on Saturday, August 15, 2009,
and donations would be accepted until September 15, 2009. He was encouraged to make his
presentation to local service area clubs.
C. Update: Branding Committee — Coreen Haydock-Johnson, Port Orchard
Chamber of Commerce
Bek Ashby, Shop SK First Chair, provided a brief update of the program, noting over 85
businesses have signed up. The Committee is creating display pieces for local area
merchants to help prompt buyers to use their reward cards.
Coreen Haydock-Johnson, Executive Director, Chamber of Commerce, provided a brief
update on the following three areas:
• Legislative Committee. The Committee was created to strengthen the Chamber's
relationships with state and local elected officials, and she noted that a round table
discussion is held on the second Tuesday of each month at 8:oo a.m. at Bayview
Java and Deli. Further, the Committee is seeking input from local businesses to help
formulate legislative action on issues affecting our local area.
• Tourism. Ms. Johnson provided a visitor's map and a walking map to the Council
and explained the different types of ads the Chamber does each year to help bring
tourism to Port Orchard, such as Sunset Magazine, from which they get their
readership response by the number of mailings they do of local information.
• Branding Committee. Ms. Johnson provided a brief history of the Committee,
noting it was formed in September of 2oo8, and during that time the Committee
came to the conclusion that Port Orchard is not a tourism destination and moved
their focus as a great place to live, work, and open a business. Out of this process, the
tagline, Come Visit, We have saved a place for you! was found and a positioning
statement was created as well. Ms. Johnson provided a copy of the positioning
statement as well as samples of how the logo could be incorporated for different
types of businesses, such as Come Play, Come Shop, Come Dine, etc. Ms. Johnson
wrapped up with inviting the Council to comment on the Brand's positioning
statement, logo, and tagline.
Minutes of July 28, 2009
Page 4 of 12
6. PUBLIC HEARING
There were no Public Hearings.
7. BUSINESS ITEMS
A. First Reading of Ordinance No. oi9-o9, Amending Port Orchard Municipal
Code by Adding a New Chapter 15.30 Illicit Discharge Detection and
Elimination
Assistant City Engineer Archer presented the staff report, noting in January of 2007, the
Washington State Department of Ecology issued a National Pollutant Discharge
Elimination System (NPDES) Phase II municipal storm water permit to the City of Port
Orchard under its delegated authority to implement requirements of the federal Clean
Water Act. The NPDES storm water permit pertains to municipal storm sewer systems that
discharge surface waters (such as streams, lakes, and bays) and which are not part of a
combined storm and sanitary sewer system. The permit also mandates that specific
prohibition requirements and escalating enforcement provisions are to be included in the
ordinance. Sections 15.30.07o and 15.30.14o(B) of the proposed code chapter address these
requirements.
Councilmember Putaansuu MOVED and Councilmember Powers seconded the
motion to adopt Ordinance No. oi9-o9, amending the Port Orchard Municipal
Code by adding Chapter 15.30 Illicit Discharge Detection and Elimination and
move to second reading and adoption at the August 11, 2009, City Council
Meeting. Upon vote, the motion passed with six affirmative votes and one
dissenting vote. Councilmember Colebank cast the dissenting vote.
B. Adoption of Ordinance No. 020-09, Establishing a Temporary Credit for
Storm Drainage Service Charges for Commercial and Multifamily Accounts
Public Works Director Dorsey presented the staff report, noting on November 25, 2oo8, the
Council adopted Ordinance No. 037-o8, thereby establishing billing rates for the City's
storm drainage utility (POMC 13.o6) to be effective January 1, 2009. For commercial and
multifamily accounts the initial billing rate presumed that 85 % of the property was
impervious surface but recognized that the service charge would be adjusted upon the City's
determination of the actual percentage of impervious surface. In February 2009, in
response to public comments, the Council adopted Ordinance No. 005-o9, allowing
property owners to submit proof that their actual percentage of impervious surface was less
than 85%. However, neither ordinance provided for a credit against prior charges in the
event the actual percentage was less than 85%. Several property owners have since
demonstrated to the staff s satisfaction that their actual percentage of impervious surface is
less than 85%. As a result, their service charges have been adjusted prospectively but the
Minutes of July 28, 2009
Pages of 12
property owners have requested a retroactive credit. This matter was discussed at the City
Council's July 21, 2009, Work Study Session and the consensus was for staff to prepare for
Council's consideration an ordinance that would provide a temporary credit retroactive to
January 1, 2009.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to adopt Ordinance No. 020-09, establishing a temporary credit for
storm drainage service charges for commercial and multifamily accounts.
Councilmember Clauson voiced support of the temporary credit, noting it should be an
incentive for property owners to complete the form prior to the end of the year.
Public Works Director Dorsey explained that staff was purchasing a GPS unit, which they
will begin using in the fall and that the storm water enterprise fund is showing a $26,000
deficit.
Councilmember Olin MOVED and Councilmember Powers seconded the
motion to amend Ordinance No. 020-09, to add language to eliminate
penalties and fees for those property owners that have submitted their
adjustments relating to storm water.
Councilmembers held a brief discussion on the benefits of including a credit on interest and
penalties; however, they indicated that staff could bring back an amendment in the future,
if needed.
Councilmember Olin, with the concurrence of the second Councilmember
Powers, WITHDREW his motion.
Upon vote, the motion to adopt Ordinance No. 020-09, passed unanimously.
C. Adoption of Resolution No. 077-09, Authorizing the Mayor to Execute a
Contract with Charon Drilling, Inc. for Well No. ii at McCormick Woods
Public Works Director Dorsey presented the staff report, noting as a requirement of the
Well No. 11 Rights (located at Mitchell Point), the Department of Ecology (DOE) required
the reconstruction of existing Well Nos. 1, 2, 3 and 4B located within the McCormick Well
Field into the deeper, below sea level aquifer. Well No. 4B has already been completed. On
June 29, 2009, the Notice to Bidders was published in the Port Orchard Independent for
submittal of written proposals and quotations for the Well No. 11 Cable -Tool Drilling
project (formerly Well No. 5) to replace existing Well Nos. 1, 2 and 3.
Minutes of July 28, 2009
Page 6 Of 12
On July 21, 2009, on or before 1:oo p.m. the City Clerk received a total of three (3) written
proposals and quotations, with the lowest qualified bid being from Charon Drilling, Inc. in
the amount not to exceed $272,314.50. The Engineers estimate for this project is $273,360.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Resolution No. 077-09, authorizing the Mayor to execute a
contract with Charon Drilling, Inc. in an amount not to exceed $272,314.50 for
the Well No. ii Cable -Tool Drilling Project (PW2oo9-oi) at McCormick Woods.
Upon vote, the motion passed unanimously.
D. Adoption of Resolution No. 078-09, Authorizing the Mayor to Execute a
Memorandum of Understanding between City of Port Orchard, City of
Bremerton, and the Port of Bremerton for Foot Ferry Services
City Clerk Kirkpatrick presented the staff report, noting based upon prior Council action
authorizing use of Hotel/Motel Tax Funding to help offset the City's costs to ensure
extended hours of operation for foot ferry service on five Sundays where festivals/event
occur, staff negotiated a partnership and subsequent agreement with the City of Bremerton
and the Port of Bremerton. The Memorandum of Understanding outlines the terms and
conditions as to the responsible parties for payment of the foot ferry services and number
of operating hours on an hourly rate of $146.25 per event day.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 078-09, authorizing the Mayor to execute a
Memorandum of Understanding between the City of Port Orchard, the City of
Bremerton, and the Port of Bremerton.
Councilmember Clauson stated that he is an employee of Kitsap Transit; however, he has
no involvement with Kitsap Harbor Tours and inquired if anyone in the audience perceived
a conflict with his voting on this matter. There were no objections.
Upon vote, the motion to Adopt Resolution No. 078-09, passed unanimously.
E. Adoption of Resolution No. 079-09, Authorizing the Mayor to Execute a
Contract with the City's Finance Committee Chair Regarding Foot Ferry
Festival Funding Reimbursement from the Hotel/Motel Tax Fund
City Clerk Kirkpatrick presented the staff report, noting at its June 23, 2009, meeting the
Council approved a recommendation from the Lodging Tax Advisory Committee to use up
to $1,90o in Hotel/Motel Tax Funds to pay for its portion of extended hours of operation
for the foot ferry during festivals that occur on Sundays. Agreements with the City of
Bremerton, the Port of Bremerton and Kitsap Harbor Tours have previously been approved
by the Council. This is the final agreement regarding the foot ferry funding. The City
Minutes of July 28, 2009
Page 7 of 12
Attorney recommended that the Finance Committee Chair sign the Civic Festival
Agreement as it would be a bit redundant to have the Mayor sign for the City twice. At its
July 15, 2009, meeting the Finance Committee agreed with the City Attorney's
recommendation.
Councilmember Colebank MOVED and Councilmember Olin seconded the
motion to adopt Resolution No. 079-09, authorizing the Mayor to execute a
contract with the City's Finance Committee Chair regarding foot ferry festival
funding reimbursement from the Hotel/Motel Tax Fund in an amount not to
exceed $i,9oo. Upon vote, the motion passed unanimously.
F. Confirmation of Mayoral Appointments to the Lodging Tax Advisory
Committee
City Clerk Kirkpatrick presented the staff report, noting each year, the City Council is asked
to approve the Mayor's recommendation for the appointments to the Lodging Tax Advisory
Board (pursuant to Resolution No. 1780). RCW 67.28.1817 requires at least two members
of the advisory committee be from establishments that collect Lodging Tax, with the
remaining members being from organizations that are "involved in activities authorized to
be funded" by the hotel/motel tax fund. Councilmember Chang is the current chair of this
committee. The Mayor recommends appointment of members from Comfort Inn, Days Inn,
and Hidden Treasures Bed and Breakfast as well as members from the following
organizations: Kitsap Visitor and Convention Bureau, Fathoms O'Fun, Port of Bremerton,
and Port Orchard Bay Street Association.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to approve the Mayor's appointment of representatives from Comfort
Inn, Days Inn, and Hidden Treasures Bed and Breakfast as well as members
from the following organizations: Kitsap Visitor and Convention Bureau,
Fathoms O'Fun, Port of Bremerton, and Port Orchard Bay Street Association.
Councilmember Chang inquired if more members can be appointed to the Committee. After
a review of RCW 67.28.1817, Assistant City Attorney Forbes clarified that there is a
minimum of two hoteliers and two representatives from the recipients and that if the
Council wants to increase the Committee that it would have to remain equal numbers from
the hoteliers and recipients.
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to amend by removing the Kitsap Visitor and Convention Bureau from
serving on the Lodging Tax Advisory Committee. Upon vote, the motion to
amend passed unanimously.
Upon vote the main motion as amended passed unanimously.
Minutes of July 28, 2009
Page 8 of 12
G. Approval of Public Event Application: Mopar Alley Lounge Kickoff
City Clerk Kirkpatrick presented the staff report, noting Don Hoem submitted an
application for Public Event, Mopar Alley Lounge Kickoff to be held on Saturday, August 8,
2009, in the Hi -Joy Bowl Parking lot. Race cars will be lined up for viewing in the parking
lot and at approximately 7:00 p.m. the race cars will start and run their engines for about
one (1) minute and then shut down. The City departments, as well as the Fire Department,
have received the application and have attached their recommendations and/or comments
for Council review.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to approve the Public Event application for the Mopar Alley
Lounge Kicko,ffto be held on Saturday, August 8, 2009. Upon vote, the motion
passed unanimously.
H. Approval of Public Event Application: Concerts on the Bay
City Clerk Kirkpatrick presented the staff report, noting Al Mahaney submitted an
application for a Public Event, Concerts on the Bay to be held on Thursdays of each month
beginning July 8, 2009, at the Waterfront Marina and Gazebo Area. This event begins at
6:30 p.m. and ends at 8:30 p.m. The event has been occurring every summer for the last
ten years. In 2oo8, Kitsap County announced it would no longer put on the Concert Series.
A group of concerned citizens met in late December of 2oo8 and began the process of
putting together a lo-concert series for the summer of 2009. One item that slipped by
everyone is the approval of the public event application. So far there have been five
successful concerts with over 500 people in attendance at each event. There are five
concerts remaining as follows: July 3o, August 6, August 13, August 2o, and August 27. The
City departments, as well as the Fire Department, have received the application and have
attached their recommendations and/or comments for Council review.
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to approve the Public Event application for the Concerts on the Bay
series, to be held on Thursday evenings through August 27, 2009 from 6:30
P.m. to 8:30 p.m., and to allow A -Board signs to be placed at the following
locations: Top of Port Orchard Boulevard; at intersection of Port Orchard
Boulevard and Bay Street; Harrison and Bay Street; and the Bethel
Roundabout. Upon vote, the motion passed unanimously.
I. Approval of Public Event Application: Art Walk
City Clerk Kirkpatrick presented the staff report, noting Darryl Baldwin, President of the
Port Orchard Bay Street Association, submitted an application for public event, Art Walk to
be held on the third Friday of each month. The first Art Walk began June 19, 2009, and the
Minutes of July 28, 2009
Page 9 of 12
next one will be held August 21, 2009. City departments, and the Fire Department, have
received the application and have attached their recommendations and/or comment for
Council review.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to approve the Public Event application for the Art Walk to be held on
the third Friday of each month. Upon vote, the motion passed unanimously.
J. Discussion: Advisory Vote to be Placed on the November General Election
Councilmember Olin MOVED and Councilmember Chang seconded a motion
to direct staff to prepare an advisory vote of the citizens of the City of Port
Orchard regarding the Mayor being a full-time position with a full-time salary.
Councilmember Olin voiced his support, noting that while he supports the work the current
Mayor is doing, he would like to hear from the community regarding the Mayor's full-time
salary, which would also allow future candidates to know exactly what the salary will be
prior to running for office.
Councilmembers Clauson, Putaansuu, Childs, Colebank, and Powers voiced their
objections, noting the following:
• Each Councilmember was elected to make decisions on behalf of the entire
community
• An advisory vote would not affect the Mayor's salary and would be confusing to the
voters
• The Council sets all other employee salaries and should make the decision regarding
the Mayor's salary
Councilmember Chang inquired if the Council was interested in holding a special election
to move from a Council/Mayor to Council/Manager form of government, which would
require a vote of the people.
The roll call vote was Councilmembers Chang and Olin in favor.
Councilmembers Childs, Clauson, Colebank, Powers, and Putaansuu
opposed. The motion FAILED.
K. Adoption of Resolution No. 074-09, Authorizing the Mayor to Execute a
Contract with the City of Forks for Jail Services
City Clerk Kirkpatrick presented the staff report, noting this is a new contract between the
City and the City of Forks. Currently, Kitsap County Jail (KCJ) is $8o per day and the Forks
Jail is $6o per day. Only those serving longer commitments will be sent to Forks due to the
transportation needs to get the prisoner to the Forks Jail. Transportation to the Forks Jail
Minutes of July 28, 2009
Page 10 of 12
will be arranged in concert with other agencies meeting to go to Forks and will occur only
once per week. The transports will be handled by our court security office at a time outside
of normal court hours. Those prisoners committed to the Forks Jail may have to spend a
few days in the Kitsap County Jail awaiting their transport day. Like the Kitsap County Jail,
all medical expenses are the responsibility of the City. Transport home for the prisoners at
the completion of their sentence is via a bus taken from Forks and is provided as part of the
fee paid to the City of Forks. This is not a replacement for the Kitsap County Jail; rather
KCJ will be used for short-term commitments and for arrests in the field or when the
prisoner is in jail due to charges/sentences of multiple jurisdictions.
Councilmember Chang MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 074-09, authorizing the Mayor to execute
contract with the City of Forks for Jail Services. Upon vote, the motion passed
unanimously.
L. Discussion: Two (2) Hour Parking on Bay Street
Councilmember Chang explained that he brought this up for discussion in response to a
request received from the owner of Recognition Plus. The request was to turn the parking
along Bay Street by their business to 2-hours as currently there is no restriction. The
Council directed that this item be discussed at the next Public Property Committee
meeting.
M. Discussion: Addressing a Comment in the Finance Committee Meeting
Minutes
Councilmember Chang wondered what was meant by the statement, "Departments are
trying to implement budget reductions as requested but the Council approves items not in
the budget which counteracts the savings." Councilmember Clauson explained that staff
has been asked to reduce spending; however, the Council has approved non -budgeted items
such as the snow plow, additional septic pumping, and repairs to the HVAC at City Hall. No
further action was taken.
8. CITIZENS COMMENTS
There were no citizen comments.
COMMITTEE REPORTS
Councilmember Clauson noted that the next Finance Committee meeting will be held on
August 7, 2009, at Myhre's; and reported that he attended the first meeting regarding
revenue sharing with the Mayor and Councilmember Powers, noting there was good
discussion on all of the issues.
Minutes of July 28, 2009
Page 11 of 12
Councilmember Childs reported the Flag Pole/Triangle project will be completed on
Saturday, August 1, 20o9, and was recruiting volunteers.
Councilmember Powers announced the Public Property Committee will be meeting on
Thursday, August 13th at 3:00 p.m. at City Hall, and she advised that the City of Port
Orchard would receive its funding for right-of-way acquisitions for the Tremont Widening
Project.
MAYOR'S REPORT
Mayor Coppola reported on the following activities:
• Receipt of $234,000 Federal COPS grant to fund one police officer, including all
equipment, for three-year period.
• Attended the revenue sharing meeting
• Attended the McCormick Woods ribbon cutting and reception
• Presented the Mayor's Award during the Mustangs on the Water front event
• Met with Brian Sauer, Port of Bremerton regarding parking on water front, which he
requested be discussed at the Public Property Committee meeting
• Met with Mr. James Kelsey regarding his art project
• Met with the Paint the Town committee and downtown merchants regarding the
upcoming event
• Met with Jim Kendall regarding Fiber optic cable for the whole City
• Attended the Housing Authority budget review committee, noting the budget has
been adopted though there will be amendments
• Hosted a group of Chinese exchange students
• Met with Mike Straub, incoming Chamber President
• Attended the Gig Harbor Chamber Meeting to promote Port Orchard for economic
development
• Reported that it looked like a grocery store would be coming to downtown
REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey reported that the Paint the Town event coordinators were
requesting street closures for delivery of dumpsters which will be placed in the parking
stalls on Bay Street. Delivery is expected to be on Friday afternoon; however, staff has
contacted Waste Management to work out an arrangement for Saturday delivery with
pickup occurring before 6:3o a.m. on Monday, August 3rd. At this time, Waste
Management is looking into this accommodation, but in the event they are unable to work
around the schedule, staff requested direction from the Council regarding delivery of the
dumpsters.
Minutes of July 28, 2009
Page 12 of 12
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to allow the City Engineer, if necessary, to close parking along Bay
Street on Friday, July 31, 2009, to allow for delivery of dumpsters in
anticipation of the Paint the Town event being held that weekend. Upon vote,
the motion passed unanimously.
Staff will work with Waste Management and the event coordinators to ensure all Bay Street
merchants are aware of the delivery date, time, and location of the ten dumpsters.
Development Director Weaver advised that staff was processing the documents for
McCormick Woods received from Kitsap County in order to ensure no delays in permit
processing; staff is working with Quadrant regarding the creation of an electronic permit
process; and staff is working on three block grant applications for downtown improvement
and revitalization.
ADJOURNMENT
At 9:40 p.m. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor
Introduced by:
Asst City Engineer
Requested by:
Asst City Engineer
Drafted by:
Asst City Engineer
Reviewed by:
City Attorney
First Reading:
July 28, 2009
Second Reading:
August 11, 2009
Adopted:
ORDINANCE NO. oi9-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, PROVIDING FOR THE PROTECTION AND
ENHANCEMENT OF THE WATER QUALITY OF
WATERCOURSES AND WATER BODIES THROUGH THE
REGULATION OF NON -STORM WATER DISCHARGES TO THE
STORM DRAIN SYSTEM IN COMPLIANCE WITH THE
REQUIREMENTS OF THE CITY'S NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT; AND
ADDING A NEW CHAPTER 15.30 "ILLICIT DISCHARGE
DETECTION AND ELIMINATION" TO THE PORT ORCHARD
MUNICIPAL CODE.
WHEREAS, the City of Port Orchard desires to reduce the public health and economic
impacts of illicit discharges to the City's stormwater system and receiving waters, which includes
creeks, streams, and Sinclair Inlet; and
WHEREAS, the City of Port Orchard desires to reduce the impact of pollutants on the
wildlife and aquatic life associated with the receiving waters; and
WHEREAS, the City of Port Orchard is subject to the requirements of the Western
Washington Phase II Municipal Stormwater Permit issued by the Washington State Department
of Ecology which requires the City to adopt regulations to prohibit certain discharges into the
City's stormwater system and encourages additional provisions to protect all surface and
groundwater within the City;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section i. Title 15 of Port Orchard Municipal Code is hereby amended by addition of a
new Chapter 15.30 "ILLICIT DISCHARGE DETECTION AND ELIMINATION" with sections as
follows herein:
15.30 ILLICIT DISCHARGE DETECTION AND ELIMINATION
Section 15.30.010 Purpose
Section 15.30.02o Definitions
Section 15.30.03o Applicability
Section 15.30.04o Administration
Section 15.30.050 Compliance required
Section 15.30.o6o Minimum standards
Section 15.30.07o Discharge prohibitions
Ordinance No.oig-og
Page 2 of 21
Section 15.30.o8o Suspension of MS4 access
Section 15.30.090 Industrial or construction activity discharges
Section 15.30.1oo Requirement to prevent, control, and reduce stormwater pollutants by
the use of Best Management Practices (BMPs)
Section 15.30.110 Watercourse protection
Section 15.30.12o Notification of illicit discharges
Section 15.30.130 Inspection and investigation
Section 15.30.14o Enforcement and penalties
Section 15.30.15o Appeals
Section 15.30.16o Records retention
Section 15.30.170 Construction -Intent
SECTION 2. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.010 Purpose.
The purpose of this Chapter is to provide for the health, safety, and general welfare of the
citizens of Port Orchard and to protect and enhance the water quality of watercourses
and water bodies through the regulation of non -storm water discharges to the storm
drain system to the maximum extent practicable as required by federal and state law.
This Chapter is established in compliance with the Federal Clean Water Act (Title 33
United States Code §1251 et seq.) and the requirements of the City's National Pollutant
Discharge Elimination System (NPDES) permit. The objectives of this Chapter are:
A. To regulate the contribution of pollutants to the municipal separate storm sewer
system (MS4) by stormwater discharges by any user;
B. To prohibit illicit connections and discharges to the municipal separate storm sewer
system;
C. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Chapter; and
D. To establish enforcement processes and penalties for violations of this Chapter.
SECTION 3. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.02o Definitions.
The terminology in this Chapter shall have the meanings described as follows:
1. "AKART" means all known available and reasonable methods of prevention,
control, and treatment.
2. "Best Management Practices (BMPs)" means schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices
Ordinance No.oig-og
Page 3 of 21
to prevent or reduce the discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. BMPs also
include treatment practices, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
3. "City" means Port Orchard, Washington, or as indicated by the context, the
Public Works Director, or other authorized representative of the governmental
authority of the City of Port Orchard.
4. "Director' means the Public Works Director or designee(s).
5. "Discharge" means to throw, drain, release, dump, spill, empty, emit, or pour
forth any matter or to cause or allow matter to flow, run, or seep from land or to
be thrown, drained, released, dumped, spilled, emptied, emitted, or poured into
water.
6. "Ground water" means water in a saturated zone or stratum beneath the surface
of the land or below a surface water body.
7. "Hazardous materials" means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
8. "Illicit connection" means (1) any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any non -storm water
discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the City; or (2) any drain or
conveyance connected from a residential, commercial or industrial land use to
the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by the City.
9. "Illicit discharge" means any direct or indirect non -storm water discharge to a
municipal separate storm sewer or to surface or ground water that is not
composed entirely of storm water, except discharges pursuant to an NPDES
permit (other than the NPDES permit for discharges from the municipal separate
storm sewer), discharges resulting from fire fighting activities, and those
discharges expressly allowed conditionally by this Chapter.
1o. "Industrial waste" means any liquid, gaseous or solid substance or a combination
thereof which is an undesired by-product waste resulting from any process of
industry, manufacturing, trade or business or from the development or recovery
of any natural resources, except garbage.
Ordinance No.o19-og
Page 4 of 21
11. "Municipal separate storm sewer system (MS4)" means a conveyance or system
of conveyances which is intended to convey only storm water (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) and which are: (1) owned or operated by
the City of Port Orchard; (2) designed or used for collecting or conveying
stormwater; (3) are not part of a Publicly Owned Treatment Works (any device or
system used in treatment of municipal sewage or industrial wastes of a liquid
nature which is publicly owned); and (4) are not a combined sewer (a system that
collects sanitary sewage and stormwater in a single sewer system).
12. "National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge Permit" means a permit issued by the Environmental Protection
Agency (EPA) or by the Washington State Department of Ecology that authorizes
the discharge of pollutants to waters of the United States, whether the permit is
applicable to an individual, group, or general area -wide basis.
13. "Non-stormwater discharge" means any discharge to the storm drain system that
is not composed entirely of storm water.
14. "Owner" or "Person" includes any individual, association, organization,
partnership, firm, corporation, business, leasee, or other entity recognized by
law; acting as either the owner or as the owner's agent, and/or having
responsibility, charge, and/or control over any property that is subject to the
provisions of this Chapter.
15. "Pollutant" means anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non -hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
16. "Pollution" means such contamination, or other alteration of the physical,
chemical, or biological properties, of any waters of the City, State, or United
States, including change in temperature, taste, color, turbidity, or odor of the
waters, or such discharge of any liquid, gaseous, solid, radioactive, or other
substance into any waters as will or is likely to create a nuisance or render such
waters harmful, detrimental, or injurious to the public health, safety, or welfare,
or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other
aquatic life.
17. "Premises" means any building, lot, parcel of land, or portion of land whether
improved or unimproved.
18. "Sanitary sewer" means a conveyance system which transports sewage and to
which storm, surface and ground waters are not intentionally admitted.
Ordinance No.oig-og
Page 5 of 21
19. "Sewage" means a combination of the water -carried wastes from residences,
business buildings, institutions, and industrial establishments, together with
such ground, surface and storm water as may be inadvertently present. The
admixture of sewage with industrial wastes as defined above or other wastes also
shall be considered "Sewage" within the meaning of this definition.
20. "Stop Work Order" immediate order posed at site halting all operations except
those required to correct improper activities.
21. "Storm drainage system or storm drain system" means any publicly -owned
facility, including the City's municipal separate storm sewer system, by which
storm water is collected and/or conveyed, including but not limited to any roads
with drainage systems, municipal streets, gutters, curbs, inlets, piped storm
drains, pumping facilities, retention and detention basins, natural and human -
made or altered drainage channels, reservoirs, and other drainage structures.
22. "Storm water" or "stormwater" means any surface flow, runoff, and drainage
consisting entirely of uncontaminated water from any form of natural
precipitation, including snowmelt, during and following precipitation, and
resulting from such precipitation that meets the non -pollutant requirements.
23. "Stormwater Pollution Prevention Plan" or "SWPPP" means a document which
describes the Best Management Practices and activities to be implemented by a
person to identify sources of pollution or contamination at a premises and the
actions to eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent practicable.
24. "Wastewater" means any water or other liquid, other than uncontaminated storm
water, discharged from a facility.
25. "Watercourse" means a depression formed by runoff moving over the surface of
the earth; any natural or artificial channel through which water flows; a lake,
river, creek, stream, wash, arroyo, channel or other topographic feature on or
over which waters flow at least periodically.
26. "Waters of the State" means lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters and all other surface waters and watercourses
within the jurisdiction of the State of Washington as defined in RCW 90.48.
SECTION 4. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.03o Applicability.
This Chapter shall apply to all water entering the stormwater drainage system and waters
of the state within the City's jurisdiction.
SECTION ,. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
Ordinance No.oi9-o9
Page 6 of 21
15.30.04o Administration.
The Public Works Director or designee shall administer, implement, and enforce the
provisions of this Chapter. The Director shall have the authority to develop and
implement procedures to administer and enforce this Chapter.
SECTION 6. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.050 Compliance required.
Property owners are responsible for the maintenance, operation and repair of
stormwater systems and BMPs within their property. Property owners shall maintain,
operate and repair these facilities in compliance with the requirements of this Chapter
and the City's adopted codes and manuals.
SECTION 7. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.o6o Minimum Standards.
The standards set forth herein and promulgated pursuant to this Chapter are minimum
standards; therefore, this Chapter does not intend nor imply that compliance by any
person will ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
SECTION 8. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.07o Discharge prohibitions.
A. Prohibition of Illicit Discharges. It is unlawful for any person to throw, drain, or
otherwise discharge, or cause or allow others under its control to throw, drain or
otherwise discharge any materials other than stormwater into the municipal
storm drain system and/or surface and ground waters of the City. Prohibited
materials include, but are not limited to, pollutants or waters containing any
pollutants, that cause or contribute to a violation of applicable water quality
standards. The commencement, conduct, or continuance of any illicit discharge
to the storm drain system is prohibited.
Examples of pollutants include, but are not limited to, the following: trash or
debris; solid waste; construction materials; petroleum products including, but
not limited to oil, gasoline, grease, fuel oil, heating oil; antifreeze and other
automotive products; fixed and mobile vehicle washes; metals in either
particulate or dissolved form in excess of naturally occurring amounts;
flammable or explosive materials; radioactive materials; batteries; acids, alkalis,
or bases; paints, stains, resins, lacquers, or varnishes; degreasers or solvents;
drain cleaners; commercial and household cleaning materials; carpet cleaning
wastes; pesticides, herbicides, or fertilizers; steam cleaning wastes; laundry
waste; soaps, detergents, or ammonia; swimming pool or spa filter backwash
Ordinance No.oig-og
Page 7 of 21
(diatomaceous earth); swimming pool cleaning wastewater; chlorine, bromine,
and other disinfectants; heated water; chlorinated swimming pool or hot tub
water; human and animal wastes; domestic or sanitary sewage; recreational
vehicle waste; animal carcasses; food and food wastes; yard waste; bark and other
fibrous materials (does not include large woody debris in approved restoration
projects); collected lawn clippings, leaves, or branches; wastes associated with
building construction; concrete and concrete by-products; silt, sediment,
including dirt, sand, and gravel; dyes and ink (except as stated in Port Orchard
Municipal Code 15.30.070(B)(5)); chemicals not normally found in
uncontaminated water; any other process -associated discharge except as
otherwise allowed in this section; and any hazardous material or waste not listed
above.
B. Conditional Discharges. The following types of discharges shall not be considered
illicit discharges for the purposes of this Chapter if they meet the stated
conditions or unless the Director determines that the type of discharge, whether
singly or in combination with others, is causing or is likely to cause pollution of
surface water or groundwater:
1. Discharges from potable water sources, including water line flushing, hyper -
chlorinated (>iomg/liter chlorine) water line flushing, fire hydrant system
flushing, and pipeline hydrostatic test water. Planned discharges shall be de -
chlorinated to a concentration of o.1 ppm or less, pH -adjusted if necessary, and
volumetrically and velocity controlled to prevent re -suspension of sediments in
the stormwater system;
2. Discharges from lawn watering and other irrigation runoff; however, these
shall be minimized through water conservation efforts;
3. De -chlorinated spa or swimming pool discharges. The discharges shall be de -
chlorinated to a concentration of o.1 ppm or less, pH -adjusted and re -oxygenized
if necessary, and volumetrically and velocity controlled to prevent re -suspension
of sediments in the stormwater system. Swimming pool cleaning wastewater and
filter backwash shall not be discharged to the storm drainage system;
4. Street and sidewalk wash water, water used to control dust, and routine
external building wash down that does not use detergents. The amount of street
wash, dust control, and building wash water shall be minimized. At active
construction sites, street sweeping must be performed prior to washing the
street;
5. Dye testing with verbal notification to the City a minimum of 24 hours prior to
the time of the test.
6. Non-stormwater discharges covered by another NPDES permit, waiver, or
waste discharge order issued to the discharger and administered under the
authority of the Environmental Protection Agency or Washington State
Department of Ecology, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
Ordinance No.oig-og
Page 8 of 21
regulations; and provided, that written approval has been granted for any
discharge to the storm drain system;
7. Discharges resulting from maintenance, repair, or operation of firefighting
equipment and facilities that are not directly associated with public fire fighting,
including discharges from public fire fighting training exercises, unless City -
approved best management practices are implemented.
8.Other non-stormwater discharges shall be in compliance with the
requirements of a stormwater pollution prevention plan reviewed and approved
by the City, which addresses control of such discharges by applying AKART to
prevent contaminants from entering surface or ground water.
C. Allowable Discharges. The following types of discharges shall not be considered
illicit discharges for the purposes of this Chapter if they do not contain pollutants
or unless the Director determines that the type of discharge, whether singly or in
combination with others, is causing or is likely to cause pollution of surface water
or groundwater.
1. Diverted stream flows, rising ground waters, uncontaminated ground water
infiltration (as defined in Title 40 of the Code of Federal Regulations: 40 CFR
35.2005(20)), uncontaminated pumped ground water, foundation drains, air
conditioning condensation, irrigation water from agricultural sources that is
commingled with urban stormwater, springs, water from crawl space pumps,
footing drains, flows from riparian habitats and wetlands, and discharges from
emergency fire fighting activities in accordance with "S2. Authorized Discharges,"
of the City's NPDES permit.
2. Discharges specified in writing by the City as being necessary to protect public
health and safety.
3. If a person can demonstrate that there are no additional pollutants being
discharged from the premises above the background conditions of the water
entering the site, that person shall not be in violation of subsection A of this
section.
D. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition expressly
includes, without limitation, illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
2. Any connection identified by the Director that could convey anything not
composed entirely of surface and stormwater directly into municipal drainage
facilities is considered an illicit connection and is prohibited with the following
exceptions: connections conveying allowable discharges or connections
conveying discharges pursuant to an NPDES permit or a State Waste Discharge
Permit.
Ordinance No.oi9-o9
Page 9 of 21
3. Illicit connections must be disconnected and redirected, if warranted, to an
approved onsite wastewater management system or the sanitary sewer system
upon approval of the City.
4. Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which is connected to the storm sewer system, shall be located by
the owner or occupant of that property upon receipt of written notice of violation
from the City requiring that such locating be completed. Such notice will specify a
reasonable time period within which the location of the drain or conveyance is to
be determined, that the drain or conveyance be identified as storm sewer,
sanitary sewer, or other, and that the outfall location or point of connection to the
storm sewer system, sanitary sewer system or other discharge point be identified.
Results of these investigations are to be documented and provided to the City.
E. Prohibition of Stormwater Discharge to Sanitary Sewer. Stormwater shall not be
discharged into the sanitary sewer without written permission to do so from the
City of Port Orchard.
F. Prohibition of Waste Disposal. No person shall throw, deposit, leave, maintain, or
keep in or upon any public or private property, the stormwater drainage system,
or waters of the state, any refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, articles, or accumulations that may cause or contribute to
pollution. Wastes deposited in proper non -leaking waste receptacles for the
purposes of collection are exempt from this prohibition.
SECTION 9. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.o8o Suspension of MS4 access.
A. Suspension due to Illicit Discharges in Emergency Situations. The City may,
without prior notice, suspend MS4 discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment, or to the
public health or welfare, or to the MS4, or Waters of the State. If the violator fails
to comply with a suspension order issued in an emergency, the City may take
such steps as deemed necessary to prevent or minimize damage to the MS4 or
Waters of the State, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge. The City may terminate a
person's MS4 access if such termination would abate or reduce an illicit
discharge. The City will notify a violator of the proposed termination of its MS4
access. The violator may appeal such termination in accordance with Port
Orchard Municipal Code 15.30.150. No person shall reinstate MS4 access to
premises terminated pursuant to this Section, without the prior approval of the
City.
SECTION 10. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
Ordinance No.oig-og
Page 10 of 21
15.30.090 Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. The City may require
proof of compliance with said permit in a form acceptable to the City prior to allowing
discharges to the MS4.
SECTION ii. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.1oo Requirement to prevent, control, and reduce storm water
pollutants by the use of Best Management Practices (BMPs).
A. General. The owner or operator of a commercial or industrial establishment shall
provide, at its own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system,
watercourses, surface water, or ground water through the use of structural and
non-structural BMPs which have been approved by the City for any activity,
operation, or facility which may cause or contribute to pollution or contamination
of storm water, the storm drain system, or waters of the State. Further, any
person responsible for a property or premise, which is, or may be, the source of
an illicit discharge, may be required to implement, at said person's expense,
additional structural and non-structural BMPs to prevent the further discharge of
pollutants to the MS4. Compliance with all terms and conditions of a valid
NPDES permit authorizing the discharge of storm water associated with
industrial activity, to the extent practicable, shall be deemed in compliance with
the provisions of this section. These BMPs shall be part of a stormwater pollution
prevention plan as necessary for compliance with requirements of the NPDES
permit.
B. BMP descriptions. Approved BMPs are described in the stormwater management
manual(s) adopted by the City. The manual(s) describes the types of regulated
activities, the types of contaminants generated by each activity, the contaminant's
affect on water quality, the required source control BMPs, and the available
treatment BMPs. The manual(s) includes information on design, maintenance,
and allowable use of additional or alternative BMPs.
C. Priority of BMP implementation. In applying the BMP manual, the Director shall
first require the implementation of source control BMPs unless the BMP manual
specifically requires treatment BMPs. If source control BMPs (or treatment BMPs
if required by the BMP manual) do not prevent contaminants from entering
surface and stormwater or groundwater, the Director may require
implementation of additional source control BMPs and/or treatment BMPs
according to AKART.
D. Prevention of pollution of surface and groundwater. BMPs shall be applied as
required herein, so that when all appropriate combinations of individual BMPs
are utilized, pollution of surface or groundwater is prevented. If all BMPs
required herein, or by the Director are applied, and pollution still occurs, the
discharger shall modify existing practices or apply further water pollution control
Ordinance No.oi9-o9
Page 11 of 21
measures, as specified by the Director. In the absence of implementation of
applicable BMPs, the Director shall be authorized to conclude that individual
activities are causing pollution in violation of this article, and shall be authorized
to enforce this Chapter accordingly.
SECTION 12. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.110 Watercourse protection.
Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse. In addition, the owner
or lessee shall maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
SECTION 1�. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.12o Notification of illicit discharges
A. Notwithstanding other requirements of law, as soon as any person, including any
person responsible for a facility or operation, or responsible for emergency
response for a facility or operation, who has information of any known or
suspected release of materials which are resulting, or may result in, illicit
discharges or pollutants discharging into storm water, the storm drain system, or
waters of the State, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release.
1. In the event of such a release of hazardous materials, said person shall
immediately notify emergency response agencies of the occurrence via emergency
dispatch services (911) and the Public Works Department (36o-876-4991)•
2. In the event of a release of non -hazardous materials, said person shall notify
the Public Works Department in person or by phone (360-876-4991) or facsimile
(36o-876-498o) within forty-eight (48) hours after said discharge. Notifications
in person or by phone shall be confirmed by written notice addressed and mailed
to the City within three business days of the phone notice.
B. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an
on -site written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained in accordance with Port Orchard
Municipal Code 15.30.16o.
SECTION 14. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
Ordinance No.oig-og
Page 12 of 21
15.30.130 Inspection and investigation.
A. Authorization.
1. Whenever implementing the provisions of this Chapter or whenever there
is cause to believe that a violation of this Chapter has been or is being
committed, the Director is authorized to inspect during regular working
hours and at other reasonable times all stormwater facilities within the
City of Port Orchard to determine compliance with the provisions of this
Chapter.
2. The Director may observe BMPs or examine and/or sample surface and
stormwater or groundwater as often as may be necessary to determine
compliance with this Chapter. The Director is further authorized, as set
forth in subsection B and D below, to enter in or upon any public or
private property for the purpose of inspecting and investigating
conditions relating to the pollution of, or the possible pollution of, surface
and/or groundwater. Whenever an on -site inspection of a property is
made, the findings shall be documented. A copy of the inspection findings
shall be furnished to the owner or the person in charge of the property
after the conclusion of the investigation.
B. Right -of -entry. The Director is authorized to enter at all reasonable times in or
upon any property, public or private, for the purpose of inspecting and
investigating any conditions relating to the provisions of this Chapter or any
regulation adopted under this Chapter, provided that the City shall first obtain
from the owner or person responsible for such premises, permission to enter. If
entry is refused, the City shall have recourse to every remedy provided by law to
secure entry. The right -of -entry is subject to the provisions of subsection D
below.
1. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to the Director.
2. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the City and shall not be
replaced. The costs of clearing such access shall be borne by the facility
operator.
3. No person who is the owner or operator of a facility with an NPDES
permit to discharge storm water associated with industrial activity shall
deny the City reasonable access to the permitted facility for the purpose of
conducting any activity authorized or required by this Chapter.
Unreasonable delays in allowing the City access to a permitted facility is a
violation of a stormwater discharge permit and of this Chapter.
Ordinance No.oig-og
Page 13 of 21
C. Obstructing the Director. No person shall obstruct the Director in the
performance of his or her official duties in the enforcement of this chapter,
including but not limited to:
1. Intentional use of, or threat to use, force to obstruct a person he or she
knows, or should reasonably know, is the Director and is performing his
or her official duties in the enforcement of storm water system
regulations; or
2. Acting in a manner that he or she knows, or should reasonably know, will
interfere with or obstruct a person known to be, or who should reasonably
be known to be, responsible for the enforcement of storm water system
regulations; or
3. Refusing to identify himself or herself and give his or her current address
to the Director for the enforcement of this Chapter pursuant to an
investigation of a violation upon request by the Director.
D. Inspection requirements. The Director is authorized to develop inspection
procedures and requirements for all stormwater facilities in the City of Port
Orchard. In addition to any procedures for inspections developed by the Director,
the following shall apply:
1. Prior to making any inspections on private property, the Director shall
present identification credentials, state the reason for the inspection, and
request entry.
2. If the property, or any building or structure on the property, is
unoccupied, the Director shall first make a reasonable effort to locate the
owner or other person(s) having charge or control of the property or
portions of the property and request entry.
3. Unless entry is consented to by the owner or person(s) in control of the
property, or portion of the property, or unless conditions are reasonably
believed to exist in the opinion of the Director which create immediate
danger to public health or safety, the Director shall obtain a search
warrant or other remedy, prior to entry, as authorized by the laws of the
State of Washington.
4. Nothing in this section prevents the Director from inspecting a
stormwater system without consent of the property owner or a search
warrant, provided the inspection can be conducted while remaining on
public property or other property on which permission to enter is
obtained.
E. Monitoring, sampling, and anal.
1. Whenever the Director determines that any person has violated or is violating
the provisions of this Chapter, the Director may require the person
responsible for the violation to sample and analyze any discharge, surface
Ordinance No.oig-og
Page 14 of 21
water, stormwater, groundwater, and/or sediment, in accordance with
sampling and analytical procedures or requirements determined by the
Director. When the Director has reason to believe that a connection is
resulting in an illicit discharge, the Director may sample and analyze the
discharge and recover the costs from a person in an enforcement proceeding.
When the discharge is likely to contain illicit discharges on a recurring basis,
the Director may conduct, or may require the person to conduct, ongoing
monitoring (including sampling and testing) at the person's expense.
2. The City shall have the right to set up on any facility such devices as are
necessary in the opinion of the City to conduct monitoring and/or sampling of
the facility's stormwater discharge.
3. The City has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by
the discharger at its own expense. When monitoring is required, the
discharger shall sample and analyze any discharge, surface and stormwater,
groundwater, and/or sediment, in accordance with sampling and analytical
procedures or requirements determined by the Director. A copy of the
analysis shall be provided to the Director.
SECTION 15. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.14o Enforcement and penalties.
A. Authorization. The Director is authorized to enforce this Chapter and any permit,
order or approval issued pursuant to this Chapter, against any violation or
threatened violation thereof.
B. Compliance. The Director shall attain compliance with this Chapter by requiring
the implementation of BMPs. The Director may initially rely on education and
informational assistance to gain compliance with this Chapter, unless the
Director determines a violation poses a hazard to public health, safety, or welfare,
endangers any property, or adversely affects the safety and operation of City
right-of-way, utilities and/or other property owned or maintained by the City,
that should be addressed through immediate penalties. The Director may
demand immediate cessation of discharges and assess penalties for violations
that are an imminent or substantial danger to the health or welfare of persons or
danger to the environment. Enforcement actions shall escalate for non-
compliance. Enforcement shall include one or more of the following actions,
singly or in combination. The Director may apply whatever enforcement action,
or combination of actions, is determined appropriate within the following range
of actions, regardless of the position in the range.
1. Written warning with voluntary compliance. May be applied to first time,
minor violations. Educational materials and informational assistance will be
provided to the violator.
Ordinance No.oig-og
Page 15 of 21
2. Compensatory actions such as community service related to stormwater
education or mitigation in lieu of penalty or enforcement proceedings.
Requires a formal written agreement between the Director and the violator.
3. Written notice of violation ordering compliance.
4. Civil or Criminal penalties. In accordance with subsections D and E below of
this section.
5. Emergency Cease and Desist order. In circumstances where a violation poses
a hazard to public health, safety, or welfare, endangers any property, or
adversely affects the safety and operation of City right-of-way, utilities and/or
other property owned or maintained by the City, the Director is authorized to
issue cease and desist orders. The cease and desist order may require
immediate compliance with this Chapter by halting operations and/or
terminating discharges may be applied by means of the use of a stop work
order.
6. Disconnection from the MS4. Applies to illicit connections to MS4, to illicit
discharges in emergency situations, or continued failure of the property
owner to comply.
7. Revocation of Permit. Where the violation of this chapter provides a nuisance
or poses a hazard to public health, safety and welfare, and has not previously
been abated, the Director may, upon written notice, revoke any and all
permits associated with the site. Service of a written notice of revocation
shall be in the same manner as service of a Notice and Order. Revocation of a
permit by the Director may be appealed within 10 working days of service of
written notice. The appeal must be in accordance with Section 15.30.150
below.
C. Notice and Order.
Contents. The Director shall have authority to issue to an owner or person
responsible for a violation of this chapter an order to maintain or repair a
component of a stormwater facility or BMP to bring it into compliance with
this Chapter or other City regulations, to remove any illicit connection, to
cease any illicit discharge, and to repair or remediate any damages to the
environment caused by any such violation. The order shall include the
following:
a. The order identification number or permit number; and
b. The street address, when available, and the tax parcel number of real
property and/or description of personal property sufficient for
identification of where the violation occurred or is located; and
c. A description of the specific nature, extent and time of the violation and
the damage that has occurred or potential damage that reasonably might
occur; and
Ordinance No.oi9-o9
Page 16 of 21
d. A notice that the violation or the potential violation cease and desist; and
e. A statement of the corrective action required to be taken. If the Director
has determined that corrective work is required, the order shall require
that all required permits be secured, that work physically be commenced,
and that the work be completed within such times as the Director
determines are reasonable under the circumstances; and
f. A statement advising that if any required work is not commenced or
completed within the times specified, the Director may proceed to cause
abatement of the violation and cause the work to be done and charge the
costs thereof as a lien against the property and as a joint and separate
personal obligation of any person in violation; and
g. Any requirements for monitoring, analyses and reporting; and
h. A statement specifying the amount of any civil penalty assessed as a result
of the violation and, if applicable, the conditions on which assessment of
such civil penalty is contingent; and
i. An order to the owner to provide the Director a detailed plan showing
drawings and steps that will be taken to achieve compliance within a
specific time. The plan is subject to the approval of the Director; and
j. A statement advising that the order shall become final unless, no later
than 10 working days after the notice and order are served, any person
aggrieved by the order requests an appeal in accordance with Section
15.30.15o below.
2. Service. Service of the notice and order shall be made upon all persons
identified in the notice and order either personally or by mailing a copy of
such notice and order by certified mail, postage prepaid, return receipt
requested. If the address of any such person cannot reasonably be
ascertained, a copy of the notice and order shall be mailed to such person at
the address of the location of the violation. The failure of any such person to
receive such notice shall not affect the validity of any proceedings taken under
this chapter. Service by certified mail in the manner provided in this section
shall be effective on the date of postmark. The notice and order may be, but is
not required to be, posted on the subject property.
3. Appeal. Persons to whom the notice and order of the Director is issued may
appeal the same within 10 working days of service. The appeal must be in
accordance with Section 15.30.15o below.
D. Civil Infraction. Conduct made unlawful by this Chapter shall constitute a Class
One civil infraction and is subject to enforcement and fines as provided in
Chapter 2.64 Port Orchard Municipal Code. Each day of noncompliance with any
of the provisions of this chapter shall constitute a separate offense.
Ordinance No.oig-og
Page 17 of 21
1. In addition to any other available sanction or remedial procedure, any person
engaging in conduct made unlawful by this chapter shall be subject to a civil
penalty no greater than set by Port Orchard Municipal Code 2.64.030 per day
for each violation from the date set for compliance until the date of
compliance.
2. Payment of a monetary penalty pursuant to this Chapter does not relieve the
person of the duty to correct the violation.
3. All civil penalties recovered during the enforcement of this Chapter shall be
deposited into a fund which shall be used by the City for the protection of
surface and storm water or ground water as set forth in this Chapter, through
education or enhanced implementation.
E. Criminal prosecution. Any person violating or failing to comply with any of the
provisions of this chapter shall be subject to criminal prosecution and upon
conviction of, shall be guilty of a misdemeanor for the first offense and a gross -
misdemeanor for any subsequent offense occurring within a five year period.
Each day of noncompliance with any of the provisions of this chapter shall
constitute a separate offense.
F. Recovery of Costs Incurred by the Citv. In addition to any costs for enforcement
under this Chapter, any person violating any of the provisions of this Chapter
shall be liable to the City for any expense, loss, or damage caused by such
violation or discharge, including but not limited to the costs for bringing the City
back into compliance with its NPDES permit associated with any violation of
these regulations, and any fines levied for violations of the City's NPDES permit.
G. Violations deemed a public nuisance. Any condition caused or permitted to exist
in violation of any of the provisions of this Chapter is a threat to public health,
safety, and welfare, and is declared and deemed a nuisance, and may be
summarily abated or restored at the violator's expense, and/or a civil action to
abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
H. Summary abatement.
Whenever any violation of this Chapter causes or creates a condition, the
continued existence of which constitutes, in the opinion of the Director, an
immediate threat to the public health, safety or welfare or to the
environment, the Director may summarily and without prior notice, at the
cost of the owner, abate the condition. Notice of such abatement, including
the reason for it, shall be given to the person responsible for the violation as
soon as reasonably possible after the abatement.
2. Within 15 days after abatement of the violation, the owner of the property will
be notified of the cost of abatement, including labor and materials, legal
expenses, administrative costs, and interest to the extent such costs are
known. Persons to whom the assessment of costs of abatement is issued may
appeal the same within 10 working days of service. The appeal must be in
accordance with Section 15.30.15o below. If the amount due is not paid
Ordinance No.oi9-o9
Paee 18 of 21
within a timely manner as determined by the decision of the City or by the
expiration of the time in which to file an appeal, the charges shall become a
special assessment against the property and shall constitute a lien on the
property for the amount of the assessment.
I. The owner shall pay the abatement costs in not more than 12 equal payments.
Such costs shall accrue interest at the rate set by the City's Finance Department
per annum or the rate charged to the City for obtaining the funds necessary to
abate, whichever interest is greater.
J. Injunctive relief. In addition to any other remedy provided by this Chapter or the
Port Orchard Municipal Code, the City may initiate injunction or abatement
proceedings or any other appropriate action in courts against any person who
violates or fails to comply with any provision of this Chapter and/or to restore a
condition which existed prior to the violation. In any such proceeding, the person
violating and/or failing to comply with any provisions of this Chapter shall be
liable for the costs and reasonable attorneys' fees incurred by the City in bringing,
maintaining, and/or prosecuting such action.
K. Remedies not exclusive. The remedies listed in this Chapter are not exclusive of
any other remedies available under any applicable federal, state, or local law and
it is within the discretion of the City to seek cumulative remedies.
SECTION 16. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.15o Appeals.
A. The Director's notice and order, revocation of a permit, or assessment of costs of
abatement may be appealed to the City Council by persons to whom the notice
and order, revocation of a permit, or assessment of costs of abatement is issued.
An appeal shall be considered timely if, but only if, it is filed in writing with the
Director within io working days of service, and the appeal fee adopted by the City
Council is paid in full. In addition to the appeal fee, if the Director determines
that the services of an independent consultant are reasonably necessary in
adjudicating the appeal, the appellant shall make an initial cash deposit to pay for
an independent review as the same may be reasonably required by the Director.
The initial deposit, which is only an estimate of the consultant's costs, shall be
paid in advance of the hearing. If it is determined during any point in the appeal
process that the initial deposit is insufficient to cover all reasonable consultant's
costs, the appellant shall be required to make an additional deposit in an amount
sufficient to cover the same. Any portion of the deposit that is not used to cover
all reasonable consultant's costs shall be refunded to the appellant. The amount
of the deposit shall be at least $5oo but not more than $15oo, and it shall be
determined by the Director based upon a good faith estimate of permissible costs.
The appellant shall be given equal access to any report prepared by the
consultant.
B. The Director shall accept appeals that meet the requirements of this section and
shall schedule such appeals for consideration by the City Council. The City
Ordinance No.oi9-o9
Page 19 of 21
Council hearing shall be scheduled within 6o days after the appeal is accepted.
The Director shall reject any appeal that fails to meet the filing and submittal
requirements of this section. The appeal fee shall be refunded in the event the
Director rejects the appeal or in the event that the appellant files a statement with
the Director withdrawing the appeal at least 15 calendar days before the
scheduled hearing. In all other cases, the appeal fee shall be nonrefundable.
C. The written appeal shall contain all of the following information and
attachments:
1. A copy of the notice and order, revocation of a permit, or assessment of costs
of abatement being appealed;
2. The name of the property owner and, if applicable, the owner's agent;
3. The name and signature of each appellant and a statement showing that each
is entitled to file the appeal under subsection A of this section; and
4. A statement of appeal identifying each issue in the notice and order or
assessment of costs of abatement that the appellant wishes to appeal, the
reasons why each issue is in error as a matter of fact and/or law, and evidence
relied upon.
D. The City Council, under its quasi-judicial authority, shall hear the appeal in an
open record hearing. At least ten business days before the hearing, notice of the
same shall be mailed to parties who are entitled to notice of the decision. The
notice of hearing does not need to be posted or published. The appeal shall be
limited to those issues raised in subsection (C)(4), and shall be similar in format
as other quasi-judicial matters that may from time to time come before the City
Council.
E. At least ten business days before the hearing, the Director and appellant shall
each submit, as part of the record, separate reports to the City Council containing
a statement of the issues and applicable laws, discussion and analysis, proposed
findings of fact and conclusions of law, and copies of any pertinent document
referenced therein. The burden shall be on the City to support the order of the
Director by a preponderance of the evidence. Reports, if any, prepared by the
independent consultant referenced above in subsection (A) shall be part of the
record. The City Council shall decide as follows, based upon the record made
during the course of the public hearing:
1. Uphold the order, revocation, or assessment of costs of abatement of the
Director in its entirety; or
2. Uphold the order, revocation, or assessment of costs of abatement of the
Director in part and reverse the order, revocation, or assessment of costs of
abatement in part; or
3. Reverse the order, revocation, or assessment of costs of abatement of the
Director in its entirety.
Ordinance No.oi9-o9
Page 20 of 21
F. The City Council shall issue a final decision on the appeal supported by written
findings and conclusions within 10 business days of the hearing. The decision
shall also include venue information and limitations on filing judicial appeal(s) of
the decision. The Director shall serve a copy of the final decision to the appellant
and other parties of record. Service shall be in the same manner as set forth in
Section 15.30.140(C)(2).
SECTION 17. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15.30.16o Records retention.
If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall retain an on -site
written record of the discharge and the actions taken to prevent its occurrence. Such
records shall be kept and maintained on a permanent basis from the effective date of this
Chapter. The record shall includes books, documents, memoranda, reports, and
correspondence relating to any operation, maintenance, monitoring, sampling, and
chemical analysis associated with the discharge and all records which pertain to matters
which are the subject of any enforcement or litigation activities brought by the Director
pursuant to this Chapter. Copies of any or all records shall be provided to the Director
upon his request.
SECTION 18. A new section of Chapter 15.30 of the Port Orchard Municipal code is
added, as follows:
15-30.170 Construction - Intent.
This Chapter is enacted as an exercise of the City's power to protect and preserve public
health, safety, and welfare. Its provisions shall be liberally construed to give full effect to
the objectives and purposes for which it was enacted. This Chapter is not enacted to
create or otherwise establish or designate any particular class or group of persons who
will, or should be, especially protected or benefited by the terms of this Chapter. The
primary obligation of compliance with this Chapter is placed upon the person holding
title to the property. Nothing contained in this Chapter is intended to be, or shall be,
construed to create or form a basis for liability for the City, its officers, employees or
agents for any injury or damage resulting from the failure of the person holding title to
the property (owner of record) to comply with the provisions of this Chapter, or by
reason or in consequence of any act or omission, to act in connection with the
implementation or enforcement of this Chapter by the City, its officers, employees, or
agents.
Section 19 Severability. If any section, sentence, clause or phrase of this ordinance or
any code section adopted or amended hereby should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this ordinance or
any code section adopted or amended hereby.
Section 20. Effective Date. This ordinance shall be in full force and effect five (5)
Ordinance No.oi9-o9
Page 21 of 21
days after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the Clerk in authentication of such passage this 11th day of August 2009.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Councilmember, Rob Putaansuu
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4D
Subject: Second Reading and Adoption of
Ordinance No. oi9-o9, Adding a
New Chapter 15.30 Illicit Discharge
Detection and Elimination
Meeting Date: August 11, 2009
Prepared by: Andrea Archer, P.E.
Assistant City Engineer
Atty Routing No: too-o9
Atty Review Date: May 11, 2009
Summarv: In January of 2007, the Washington State Department of Ecology issued a National Pollutant
Discharge Elimination System (NPDES) Phase II municipal storm water permit to the City of Port
Orchard under its delegated authority to implement requirements of the federal Clean Water Act. The
NPDES storm water permit pertains to municipal storm sewer systems that discharge surface waters
(such as streams, lakes, and bays) and which are not part of a combined storm and sanitary sewer system.
The City's Phase II permit identifies minimum control measures that must be implemented in order to be
compliant with this permit. One of the control measures includes passage of an ordinance to prohibit
illicit discharges to the municipal separate storm sewer. Permit Section S5.C.3(b), Illicit Discharge
Detection and Elimination, specifically requires that: "Each Permittee shall develop and implement an
ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illegal discharges,
and/or dumping into the Permittee's municipal separate storm sewer system to the maximum extent
allowable under State and Federal law. The ordinance or other regulatory mechanism shall be adopted
no later than 30 months from the effective date of this permit." The effective date of the City's permit is
February 16, 2007; therefore, the ordinance must be adopted no later than August 15, 2009.
The permit also mandates that specific prohibition requirements and escalating enforcement provisions
are to be included in the ordinance. Sections 15.30.070 and 15.30.14o(B) of the proposed code chapter
address these requirements.
The proposed ordinance addresses all of the items required by the City's NPDES permit and conforms to
the guidance document published by the Department of Ecology.
Recommendation: First reading of Ordinance No. oi9-o9, was held on July 28, 20o9, and staff
recommends adopting Ordinance No. oi9-o9, amending the Port Orchard Municipal Code by adding
Chapter 15.30 Illicit Discharge Detection and Elimination.
Motion for consideration: I move to adopt Ordinance No. o19-o9, amending the Port Orchard Municipal
Code by adding Chapter 15.30 Illicit Discharge Detection and Elimination.
Fiscal Impact: Budgeted item for 2009 within the Storm Drainage Utility
Alternatives: None.
Attachments: Ordinance No. o19-o9
Introduced by:
Mark Dorsey, P.E.
Requested by:
Mark Dorsey, P.E.
Drafted by:
Andrea Archer, P.E.
Introduced:
June 23, 2009
Adopted:
June 23, 2009
Amended:
August 11, 2009
RESOLUTION NO. 080-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, CORRECTING SCRIVENER'S ERROR IN
RESOLUTION NO. 067-09, REGARDING DUPLICATE
NUMBERS AND AUTHORIZING THE MAYOR TO EXECUTE
LOCAL AGENCY AGREEMENT SUPPLEMENTS FOR BAY
STREET SEAWALL AND PORT ORCHARD BOULEVARD
SIDEWALKS.
WHEREAS, on February 27, 2002, the Washington State Department of
Transportation authorized the City to proceed with the Bay Street Seawall Project; and
WHEREAS, on November 25, 2007, the Washington State Department of
Transportation authorized the City to proceed with the Port Orchard Boulevard
Sidewalk Project; and
WHEREAS, pursuant to Kitsap Regional Coordinating Council Board Approval,
the Puget Sound Regional Council Project Progress and Accountability Committee
authorized the transfer of the Federal Funds from the Port Orchard Boulevard Sidewalk
Project to the Bay Street Seawall Project; and
WHEREAS, to complete the Bay Street Seawall Project, the funding for the Port
Orchard Boulevard Sidewalk Project will need to be moved to the Seawall Project to
complete the funding; and
WHEREAS, on June 23, 2009, the City Council adopted Resolution No. 067-09,
authorizing the Mayor to execute local agency agreement supplements de -obligating the
funding from the Port Orchard Boulevard Sidewalk Project and re -obligating the
funding in the amount of $ioo,000 to the Bay Street Seawall Project; and
WHEREAS, subsequently, staff discovered a scrivener's error in that Resolution
No. 067-09, was assigned twice and this item should have been assigned to Resolution
No. 080-09; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: Repealer. Resolution No. 067-09, as adopted on
June 24, 2009, authorizing the Mayor to execute local
Resolution No. 080-09
Page 2 of 2
agency agreement supplements for Bay Street Seawall and
Port Orchard Boulevard Sidewalks is repealed in its entirety;
and
FURTHER THAT: The Mayor is hereby authorized to
execute the Local Agency Agreement Supplements to de -
obligate the funding from the Port Orchard Boulevard
Sidewalk Project and re -obligate the funding in the amount
of $1oo,000 to the Bay Street Seawall Project.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this iith day of August 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
rk ,
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E Meeting Date:
Subject: Adoption of Resolution No. o8o-o9, Prepared by:
Correcting Scrivener's Error in
Resolution No. o67-o9, Regarding Atty Routing No:
Duplicate Numbers and Authorizing Atty Review Date:
The Mayor to Execute Local Agency
Agreement Supplements for Bay
Street Seawall and Port Orchard
Boulevard Sidewalks
August 11, 2009
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: On June 23, 2009, the Council adopted Resolution No. o67-09, authorizing the
Mayor to execute local agency agreement supplements for Bay Street Seawall and Port Orchard
Boulevard Sidewalk Projects.
Subsequently, staff discovered that duplicate numbers were issued for Resolution No. o67-09. In
order to fix this scrivener's error, staff has prepared Resolution No. o8o-o9, which repeals the
duplicate resolution number and reauthorizes the Mayor to execute the local agency agreement
supplements.
Recommendation: Staff recommends the Council adopt Resolution No. o8o-o9, correcting the
scrivener's error regarding duplicate numbers.
Motion for consideration: I move to adopt Resolution No. o8o-o9, correcting a scrivener's error
in Resolution No. o67-09, relating to duplicate numbers and authorizing the Mayor to execute
the Local Agency Agreement Supplements to de -obligate the funding from the Port Orchard
Boulevard Sidewalk Project and re -obligating the funding in the amount of $1oo,000 to the Bay
Street Seawall Project.
Fiscal Impact: Budgeted item for 2009 within Arterial Streets
Alternatives: None.
Attachments: Resolution No. o8o-o9
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date:
Subject First Reading and Public Hearing: Prepared by:
Regarding the Proposed 2009
Water / Sewer Rate Increase Atty Routing No:
Atty Review Date:
August 11, 2009
Mark Dorsey, P.E.
Public Works Director
NA
NA
Note: The Public Works Department did not properly notice the First Reading and Public
Hearing held on July 14, 2009, therefore a second First Reading and Public Hearing must
occur. Notice for this evening's reading and public hearing was published in the POI on July
24, 2009.
Summary: On May 15, 2009, the Utility Committee received a copy of the Calculation of 50%
Surcharge Loss in McCormick Woods for Water and Sanitary Sewer as prepared by the City
Treasurer. On June 12, 2009, the Utility Committee received an update on the 2009 Sanitary
Sewer Comprehensive Plan from BHC Consultants and discussed the associated impacts to the
sewer utility's financial viability given the systems future Capital Improvement Program (CIP)
needs. The need for both water and sanitary sewer rate increases was further discussed at the
June 16, 2009, City Council Work Study Session, with the proposed water and sanitary sewer
rate increase(s) as follows:
Capital Improvement Program — Sanitary Sewer $11.2o bimonthly
McCormick Woods Annexation — Water $ 3.5o bimonthly
McCormick Woods Annexation — Sanitary Sewer $ 1.5o bimonthly
$22.2o bimonthly
It was discussed and decided that the loss of the 50 % surcharge revenue from the McCormick
Woods annexation for water and sanitary sewer would need to take priority over the Capital
Improvement Program (CIP) sanitary sewer needs. Therefore, the rate increase associated
with the McCormick Woods Annexation issue, being $11.00 bimonthly combined, will be
resolved in 2oo9 and the Capital Improvement Program (CIP) need will be resolved in 2010.
Recommendation: Open the Public Hearing
Alternatives: Do not open the Public Hearing
Attachments: Treasurer's McCormick Summary
Page 9 — Sewer Comp Plan
Monthly Water Rate Comparison - PACE
Introduced by: Mark R. Dorsey, P.E.
Requested by: Mark R. Dorsey, P.E.
Drafted by: Andrea Archer, P.E.
Introduced: August 11, 2009
Adopted:
RESOLUTION NO. 081-09
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN THE LOCAL AGENCY
AGREEMENT SUPPLEMENT FOR TREMONT
STREET WIDENING
WHEREAS, on February 28, 2005, the Washington State Department of
Transportation authorized the City to proceed with the Tremont Street Widening
Project; and
WHEREAS, to complete the the right-of-way acquisition for the Tremont Street
Widening Project, the funding will need to be obligated by way of the Local Agency
Agreement Supplement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to sign the
Local Agency Agreement Supplement for the Tremont Street
Widening Project.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this iith day of August 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item No. 7A Meeting Date:
Subject Adoption of Resolution No. o81-o9, Prepared by:
Authorizing the Mayor to Execute a
Local Agency Agreement Supplement Atty Routing No:
for Tremont Street Widening Atty Review Date:
August 11, 2009
Mark R. Dorsey, P.E.
Public Works Director
NA
NA
Summary: In February of 2005, the City entered into a Local Agency Agreement with the
Washington State Department of Transportation for the Tremont Widening Project with
design money. The project includes two roundabouts, one at South Kitsap Boulevard and one
at Pottery Avenue, sidewalks down both sides of the street, storm drainage improvements if
needed, and center island planter strip. Since February of 2005 the City has managed to
secure money for acquiring right-of-way along the project corridor, including the funding
obligation included here. Prior to this obligation the City has secured $700,000 in design
funds and $1,130,161 in right-of-way funds. This obligation adds $1,485,462 to the right-of-
way process.
Recommendation: Staff recommends that the City Council authorize the Mayor to sign the
Local Agency Agreement Supplement to obligate the right-of-way funding to the Tremont
Street Widening Project.
Motion for consideration: I move to authorize the Mayor to execute the Local Agency
Agreement Supplement to obligate the money for right-of-way for the Tremont Street
Widening Project.
Fiscal Impact: Budgeted item for 2009 within Arterial Streets
Alternatives: None
Attachments: Resolution No. o81-o9
Local Agency Agreement Supplement No. 4
Introduced by: Mark R. Dorsey, P.E.
Requested by: Mark R. Dorsey, P.E.
Drafted by: Andrea Archer, P.E.
Introduced: August 11, 2009
Adopted:
RESOLUTION NO. 082-09
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN AMENDMENT
NUMBER i FOR REAL PROPERTY
ACQUISITION AGREEMENT FOR AID, GCA
4265
WHEREAS, on November 17, 2004, the Washington State Department of
Transportation entered into a Government Agreement for Aid with the City; and
WHEREAS, the amendment adds five years to the original agreement of five
years, making the new expiration date November 17, 2014; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute
Amendment No. 1 for Real Property Acquisition Agreement
for Aid, GCA 4265.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this lath day of August 2009.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
r city of Port Orchard
j , ;
�,��', 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item No. 7B Meeting Date: August 11, 2009
Subject Adoption of Resolution No. 082-09, Prepared by: Mark R. Dorsey, P.E.
Authorizing the Mayor to Execute Public Works Director
Amendment No. 1 for Real Property Atty Routing No: NA
Acquisition Agreement for Aid, GCA Atty Review Date: NA
4265
Summary: In November of 2004 the City entered into a contract titled Government Agreement
for Aid with the Washington State Department of Transportation (WSDOT). The agreement
relates to right-of-way for land acquisition, relocation, and related services with respect to
highways, roads and streets. The agreement is due to expire this November. WSDOT has
proposed to extend the agreement another five years through amendment number 1 with a new
expiration date of November 17, 2014. With this agreement City Staff is able to utilize the State
Real Estate Services for right-of-way acquisition on road projects.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute
Amendment No. 1 for Real Property Acquisition Agreement for Aid, GCA 4265.
Motion for consideration: I move to authorize the Mayor to execute Amendment No. 1 for Real
Property Acquisition Agreement for Aid, GCA 4265.
Fiscal Impact: None
Alternatives: None
Attachments: Resolution No. o82-09
Amendment No. 1 for Real Property Acquisition Agreement for Aid, GCA 4265
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Approval of Public Event Application:
Port Visit of S/V Lady Washington -
Tall Shins
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
August 11, 2009
Patti Kirkpatrick, CMC
Citv Clerk
NA
NA
Summary: Jonathan Thomas, Grays Harbor Historical Seaport Authority, submitted an application for
Public Event, Port Visit of Sailing/Vessel Lady Washington to be held starting Tuesday, August 25, 2009
and ending Thursday, August 27, 2009, in the Port Orchard Marina. This event will provide historical
education, dockside ship tours, battle reenactments sails, marine time education and goodwill visits for
our community. The City departments, as well as the Fire Department, have received the application and
have attached their recommendations and/or comments for Council review.
As part of the battle reenactments and entry into the Port, the applicant plans to do cannon salutes from
the West entrance of Rich Passage north through Port Orchard Passage, and as far North as Agate Pass,
and in the area of Bremerton and Port Orchard Marinas in Sinclair Inlet. The cannon salutes are by black
powder and will not be fired after 9 p.m. on any given day. The ships have been inspected by the United
States Coast Guard and are operated under CFR 46-16o.038 and CFR 49-176.150. The applicant has
taken steps to insure the Navy, Coast Guard, Sheriffs office, local police, fire departments, as well as the
Kitsap Sun will be notified well in advance of their arrival and cannon salutes.
Recommendation: Staff recommends approving the Public Event application for the Port Visit of S/V
Lady Washington to be held starting Tuesday, August 25, 2oo9 and ending Thursday, August 27, 2009,
in the Port Orchard Marina.
Motion for consideration: I move to approve the Public Event application for the Port Visit of S/V Lady
Washington to be held starting Tuesday, August 25, 20o9 and ending Thursday, August 27, 2009, in the
Port Orchard Marina.
Alternatives: Deny the application or approve with conditions.
Attachments: Public Event Application
City Department and Fire Department Comments
Bremerton Economic
Development Study
Richard Warren
Corridor Planning Manager
Urban Planning Office
Paula Hammond Dave Dye
Secretary of Transportation Deputy Secretary
Port Orchard City Council
August 18, 2009
AMIL
M= Washington State
FfflDepartment of Transportation
Steve Reinmuth
Chief of Staff
Presentation Overview
■ Study goals and objectives
■ Background
■ Safety analysis
■ Traffic volumes
■ Traffic conditions
■ Summary of improvement projects
■ Segment 4 Cross Sections
■ Gorst Concept
■ Prioritized projects
■ Public outreach
■ Next steps
Study Goals and Objectives
■ Identify and prioritize transportation
improvements needed over the next 10 to 20
years to support and enhance safety, mobility
and economic development
■ Identify and prioritize transportation
improvements that could be implemented as
funding becomes available
Driving south on SR 16 from Gorst
■ Work with local jurisdictions and the Tribes
■ Engage citizens and underrepresented
populations
■ Develop broad -based support of final
recommendations
" F.
Gorst Interchange
3
Background
Origin:
July 7, 2004 Port of Bremerton Transportation
and Economic Development Summit for SKIA
Issues:
Congestion, safety, economic development,
lack of transit and non -motorized facilities
Schedule:
Spring 2008 — Summer 2009
Funding:
Various parties = $675,500
Stakeholders:
Cities, counties, transit agencies, ports,
chambers of commerce, economic
development commissions
Bremerton
Port Orchard
Study Limits:
■SR 3: US 101 to Loxie Eagans Blvd
■SR 16: Sedgwick Rd (SR 160) to SR 3
■SR 101: SR 3 to SR 102 (Dayton Airport Rd)
Safety Analysis
January 1, 2004 - December 31, 2008
2,194 collisions
24 fatalities
159 collisions and 4 fatalities were alcohol and / or drug related
Pedestrian
Turning vehicle 1%
Head-on
Entering -at -angle 30 ° 1%
7°%
Sideswipe
9%
Driveway
9%
Fixed object
13%
Segment four,
20%
Segmentthree,
17%
Segment two,
13%
Segment one,
50%
I
Collisions by type
Fatalities by segment
Traffic Volumes
29 intersections analyzed
Average volumes (2006*):
■Shelton: 111000 — 17,000
■Allyn: 6,700 — 9,800
■Belfair: 13,000 — 17,000
■Bremerton: 44,000 — 73,000
■Port Orchard: 42,000 — 67,000
Projected average volumes (2030):
■Shelton: 20,000 — 27,000
■Allyn: 18,000 — 23,000
■Belfair: 26,000 — 39,000
■Bremerton: 58,000 — 100)000
■Port Orchard: 79,000 — 110,000
*based on 2006 WSDOT Annual Traffic Report
:1
LEGEND
Study Route
Belfair Area Widening &
Safety Project
r ■ Belfair Bypass
Q Traffic Count Locations
Kitsap County Lode Eagans Blvd
, p. Q
1\I
SR 304
Bremerton
Gorst
Port Orchard
SR 166
Clifton Rd
1 $
Bremerton
Sedgwick Rd
National Airport
Belfair
• Belfair Bypass 16
• North Bay Rd
• Lakeland Rd
Allyn
Grapeview Loop Rcl Sherwood Creek Rd
Mason Benson Rd N Grapeview Ming un
3
Island View Rd
01 McEwan Prairie Rill Anthony Rd
Mason Lake Rd Agate Rd
McEwan Prairie Rdl
SR 102 Brockdale Rd Pickering Rd
Geer Creek Rd )))
10 (� Cranberry Creek Rd
Sanderson Field Mason Lake Rd 1
Airport helto 1
Wallace Kneeland Johns Prairie Rd \l
Blvd
Matlack Rd � � • a
SIR 3
Pierce County
fThurston County
N :�
Traffic Analysis
r-xisl<iny ile..vnaMvns - cwo
KirsaP corn,• o. ie Fn,r-s Blvd Q l
Bremerton
Sam Chns,opl,i Port Orchard
t'.
• r'. Clifton Rd
8renl %SunnyslopO Rol 16
Nations! Airport /
Imperial Way Bedgwick Rd
Bell Lake Flora Rd
SR 300 BOW Bypass
SR 106 l s
SR 302
i�Wril Bay Rd
Lakeland Rd
Allyn
9nerwdoa Craw
3
Ol Island Yew Rd
Anthony Rd
Agate Rd
Rd Pitkedng Rd e
SR 102 Beer Crrek Re
10 ' CraeeCreek Rd
Sanderson FNld Mason Lake Rd
Airport Sheli0
Wallace Kneeland '
Blvd
Mallotk Rd
SR 3
\ 1 �
— EMM �t
Thurston County {
N
LEGEND
Travel speed >85%d of
posted speed
Travel speed between 70%
and 85% of posted speed
Travel speed <70%p of
posted speed
Belfair Area Widening &
Safety Project
.. r . Belfair Bypass
Intersection LOS A or B
Intersection LOS C or D
Intersection LOS E or F
Note: Tral speedrefers to PMpeak hour
[revel speed on the roadway segment
1 AingCourny
/
Pierce Courety
cucu — witn nv imprvvememb
LEGEND
Travel speed >85% of
posted speed
Travel speed between 70%
and 85% of posted speed
Travel speed <70% of
posted speed
Belfair Area Widening &
Safety Project
a r .. Belfair Bypass
Intersection LOS Aor B
Intersection LOS C or D
Intersection LOS E or F
Note. Havel speed refers to PM peak hour
travel speed on the roadway segment
1-1 1
Kitsap County O I � I
Laxie Eagans BMd � :� 1\
Bremerton
-7 ion Ave Part Orchard
ClinnnRd /
Bremerton Sunnyslope Rd
National Alrpon Imperial Way Sedpwick Rd /
Belfair Lake Flora Rd
SR 1116 �6 f
.t—Bellalr Bypass
SR 302 I/
—orth Bay Rd —
a � Lakeland Rd r
Allyn Sherwood Creek Rd
N Grapevlew Loop Rd _ �Klnp try,
.. _ 1.
01 Island view Rd
Anthony Rd
Agate Rd
SR 102 Johns Prairie Rd 14 k"rel Rd
Beer Creek Rd a
1 O Merl Creek Rd
Sanderson Field Mason Lake Rd
Aupon Shelto
Wallace Kneel rid
BW
h1, hock Rdit-
i 1
Bfl 7 i✓ -
` Thurston County k
NAtel A�.
4
Pierce County
7
Traffic Analysis (continued)
2030 Conditions - with no improvements
LEGEND
Travel speed >85% of
posted speed
— Travel speed between 70%
and 85% of posted speed
Travel speed <70% of
posted speed
— BeltairArea Widening &
Safety Project
.... Belfair Bypass
Intersection LOS A or B
Intersection LOS C or D
Intersection LOS E or F
Note; Travel speed refers to PM peak hour
travel speed on The roadwaysegmenl
9
SR 102 l o \i `
Sanderson Field
Airport
Wallace Kneeland
1
�
N
Kitsap County
Lurie Eaana Blv
9
1
Bremerton
Sam ChFistopnerson
Ave
Port Orchard
r
CI'ihan R;:
Rremerlan
sunnyslnpe Rd
16
1
Nalidnat Alrpell
Imperial Way
5edq-rl, Rd
/
Belfelf
Lake Flora Rd
H ..Ij NelralrR \ ypass
, 6
SR 302
North Bey gay Rd
LaNeland Rd
—
Allyn
Sh--d!Creek Rd
N Grap-ew Loop Rd
Island Yew Rd\
� Anlhony Rd
N�fY({Y� Agale Rd
Johns Prame Rd Pickering Rd
• , Oeer Creek Rd
CranberryCreek Rd
Mas a Lake Rd
lelto
Rl
Matlockk
Rd
_ TNurston Counry
N
PWM CM*
he
8
Summary of transportation improvements
Projects:
■28 short-term projects
■ 17 long-term projects
Prioritization process:
■WSDOT project team evaluated
projects based on:
— Safety
— Constructability
— Congestion / mobility
— Environmental impact
■Stakeholders evaluated projects
based on
— Community issues
LEGEND
Bremerton Economic Development Study
— Maintain existing roadway, install pedl
non -motorized improvements
Proposed limited access freeway
Proposed 4-lane highway
Proposed 2-lane highway
Proposed intersection improvements
❑ Proposed interchange improvements
Other related projects
Belfair Area Nfidening 6 Safety Project
Belfair Bypass
Programmed intersedion improvements
A�Ilpp'
' Kitsap County Loxie
Sam Christopherson Ave
gan Blvd �0 J
Bremerton
SR 304
Port Orchard
Clifton Rd
Gorst
-mpenai my SeagwiCa MCI I
rr,xaw°�,uvon
Fair Bypass ,
T-SR 106
�. SR 302
North Bay Rd
Mason County Lakeland Rd 3�
Allyn , Sherwood CreekRd
E Grapeview Loop Rd 01
E GrepevlePickering
�lu�ason Benson Rd
Loop Rd
O, Agate Rd `
•/
Oeer Creek Rd
1 Cranberry Creek Rd
Mason Lake Rd t
nana�a- .
Kneeland Blvd' `
Matlock Rd
rr
AL
Lake Flora Rd
Belfair
Johns Prairie Rd
■ �/ Segment 1 ,
Long-term vision for Segment 4
SR 3 north of Belfair to Gorst
Shoulder Travel Travel Shmilder Shnidder Travel Travel Shoulder
�
III III'•
w
io����i
r
92M
m�`�
conceptual design
■ Eight -foot inside and outside shoulders with rumble strips, as needed
■ Left -turns allowed at intersections
■ Access improvements
■ North Belfair to Imperial Way: Divided highway with two 12-foot lanes in each
direction
■ Imperial Way to Gorst: Divided highway with three 12-foot lanes in each direction
(not shown)
11
Long-term vision for Segment 4
SR 3 from Gorst to Loxie Eagans Boulevard and SR 16 Limited -access
freeway section
Shoulder Travel Travel Travel HOV Shoulder
Shoulder HOV Travel Travel Travel Should
ane--lane Lane
UUIIW::PLUal design
■ Three 12-foot travel lanes in each direction
■ One 12-foot HOV lane in each direction
■ Ten -foot inside and outside shoulders with rumble strips, as needed
11
Long-term vision for Segment 4
SR 3 / SR 16 Interchange - Gorst concept
■ Four -lane overspan crossing at SR 3 / AFT
Christopherson Intersection
■ Channelization improvements for SR 3 /
Christopherson Intersection p Bremerton
■ Rebuild SR 3 and SR 16 ramps
Sam Christopherson Ave�1./'
Bridges
SR
Belfair
SIR
conceptual design
12 DRAFT Gig Harbor
Top three projects
Belfair Bypass — Construct alternate 2-lane divided highway around Belfair; design will include 4-lanes with limited access
Refer to Belfair
but initially built to 2 lanes; access points at approximately one mile intervals; right of way acquired for 4-lane design
Bypass report
SR 3 / Johns Prairie Road - Intersection improvements; relocate intersection to the south, improve intersection angle and
$18.5
add new roadway link
Gorst Area Improvements - Widen all roadways through Gorst area to 6 lanes plus HOV lanes; grade separate Sam
I
Needs further
Christopherson Road / SR 3 intersection
study
13
Prioritization of short and mid -range (2020) projects
SR 3 / Imperial Way - Intersection improvements; add additional channelization improvements
$1.9
7
SR 3 Belfair Additional Non -motorized Improvements -Widen existing 2-lane roadway to include a bike lane and
$2 6
sidewalk in each direction, and a closed drainage system.
SR 3 / North Bay Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and
$1 9
warrants
SR 3 / Lakeland Drive / Evans Street - Intersection improvements; install traffic signal based on detailed traffic study and
$1 9
warrants
US 101 NB Ramps / Wallace Kneeland Blvd. - Intersection improvements; install traffic signal or roundabout based on
$1 9
detailed traffic study and warrants
SR 3 / Sunnyslope Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and
$1 7
warrants
SR 3 / Sam Christopherson Road - Interim improvements to meet 2008 demand: add extra left turn lanes from Sam
Christopherson Road to SR 3, add right turn lane from SR 3 to Sam Christopherson Road, limit other access points to right-
$1.8
in / right -out
SR 3 / Sam Christopherson Road - 2020 intersection improvements and rechannelization: in addition to the interim
improvements, add one through lane in each direction on SR 3 approaches, add a double left turn and a separate right turn
$3.3
from the SR 16 spur to SR 3
SR 3 / Pickering Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and
$1.4
warrants
US 101 / SR 102 - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and warrants
$1.3
Prioritization of short and mid -range (2020) projects
•
SR 3 /Agate Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and
$1.4
warrants
SR 3 / Mason Lake Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study and
$1.9
warrants
US 101 NB Ramps / Shelton -Matlock Road - Intersection improvements; install roundabout or traffic signal, based on
$1.4
detailed traffic study and warrants
SR 3 Widening - Widen to 4 lanes from Imperial Way to Sunnyslope Road
$38.2
New County Road and Improved SR 3 Intersection - Install new connector roadways to combine traffic from Cranberry
Creek Road, Deer Creek Road and Agate Road; install roundabout or traffic signal at common point for traffic movements
$8.5
with SR 3, limit access at other locations to right -in / right -out (project replaces SR 3 / Agate Road and SR 3 / Cranberry
Creek Road projects)
SR 16 Ramps / Tremont Street - Widen Tremont Street to 4 lanes, install new signals at both ramp interchanges
$15.7
SR 3 Allyn Non -motorized Improvements - Install sidewalks within Allyn business zone
$5.8
SR 3 Widening - Widen to 4 lanes
$34.8
SR 3 / Grapeview Loop Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study
$1 8
and warrants
SR 16 Ramps / Sedgwick Road - Widen Sedgwick Road to 4 lanes plus turn lanes
$15.1
SR 3 / Cranberry Creek Road - Intersection improvements; install roundabout or traffic signal based on detailed traffic study
$1 9
and warrants
US 101 SB Ramps / Shelton -Matlock Road - Intersection improvements; install new southbound off -ramp; install traffic
$2 8
signal or roundabout based on detailed traffic study and warrants
SR 3 Widening - Extend SR 3 lane over SR 16 north for longer merge area (interim)
$16.1
5
Prioritization of short and mid -range (2020) projects
M
' SR 3 Widening - Widen to 6 lanes plus HOV lanes from Gorst Spur to SR 304
$197 9
SR 16 Widening - Widen to 6 lanes from Sedgwick Road interchange to Gorst
$125.7
US 101 Widening - Widen to 4 lanes; improvements for Matlock Road interchange; limited -access freeway section
$54.8
US 101 Widening - Widen to 4 lanes; limited -access freeway section
$57.5
SR 3 Safety Improvements - Widen shoulders, install southbound left turn lane at South Grapeview Loop Road, install
$129 8
northbound right turn lane at North Grapeview Loop Road
-• •
Belfair Area Safety and Widening Improvements - Widen existing 2-lane roadway to 3-lane roadway (including two-way
$18.6
left turn lane) with bike lane and sidewalk in each direction, and a closed drainage system
I
Long-range projects — beyond 2020
US 101 Widening — Widen to 4 lanes from SR 102 to Wallace Kneeland Boulevard
SR 3 Widening — Widen to 4 lanes from US 101 to south city limits
SR 3 Widening — Widen to 4 lanes from South of Johns Prairie Road to Mason Lake Road
SR 3 Widening — Widen to 4 lanes from Mason Lake Road to Pickering Road
SR 3 / Mason Benson Road — Intersection improvements; install roundabout, traffic signal, and / or additional channelization based on detailed
traffic study and warrants
SR 3 Improvements (Grapeview Loop Road to Belfair) — further study needed to investigate traffic flows through Allyn area
SR 3 Widening — Widen to 4 lanes from Lake Flora Road to Imperial Way
SR 3 / Imperial Way — Intersection improvements; additional channelization or grade separation is needed to meet level of service standards
SR 3 Widening — Widen to 6 lanes from Imperial Way to Sunnyslope Road as divided highway, restrict access to right -in / right -out
SR 3 Widening — Widen to 6 lanes from Sunnyslope Road to Gorst as divided highway, restrict access to right -in / right -out
SR 3 Widening — Widen to 8 lanes plus HOV lanes from Gorst to SR 304
SR 3 / SR 16 Interchange — Reconstruct interchange
SR 3 / SR 304 Interchange — Reconstruct interchange
SR 3 Widening — Install northbound drop lane from SR 304 to Loxie Eagans interchange
7
Public Outreach
Activities:
■Project Web site:
www.wsdot.wa.gov/Projects/BremertonEcon/defauIt.htm
■Online comment form
■Posters / materials at community locations
■Fairs and festivals (938 visitors)
What we heard:
■ Build the Belfair Bypass
■ Widen and install turn lanes, passing lanes, and
signals
■ Fix the Gorst bottleneck
■ Provide bike and pedestrian facilities
■ Fix Johns Prairie Road / SR 3 intersection
■ Provide more and better coordinated transit
service
Taste of Hood Canal, Belfair — August 2008
Bremerton Blackberry Festival — September 2008
IN
Next steps
■ Continue agency briefings
■ Stakeholders review draft plan document
■ Project kiosks with folios and fact sheets available to the public
■ Prepare and release final study document
a
CITY OF PORT ORCHARD
City Clerk
CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
city of —.—
Port Orchard
TO: Mark Dorsey Director of Public Works
From: Dennis Muldrow Supervisorof Community Services
Subject: Library renovation estimates
Complete metal roof installation $110,000.00
New carpet installation $60,000.00
Remove and replace all light up front $50,000.00
New fire alarm system ($35.00 a month monitoring) $10,100.00
Window repair $860.00
Tota 1 $230,960.00
Dennis Muld row
CITY OF PORT ORCHARD
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 8'76-499
`. i •Fax: (360) 876-4980
IINYI planning@ cityofportorchard.us
E iiu
i-i�u=
MEN _,a,k _ www.cityofportorchard.us
�e'�_� ref
Memorandum
Date: August 18, 2009
From: James Weaver, Development Director
Subject: CDBG Section 108 Loan
Summary: This memorandum is regarding the preferred decision process and staff direction for the City
of Port Orchard Community Development Block Grant - Section 108 Loan application submitted to KRCC
in the amount of $ 2 Million dollars for the acquisition of property for the Port Orchard Town Center
project.
The Planning Department has been tasked with seeking funding for this project and in an effort to fulfill
that task, has submitted a CDBG grant application ($50,000), and a CDBG Section 108 loan application
($ 2 Million). These applications were brought before the City Council at the June 16, 2009 Council
Work Study meeting, with the direction to staff to proceed with the application process, on the stipulation
that loan costs & repayment would not begin occurring until the funds were drawn and utilized.
Port Orchard Staff prepared the CDBG Section 108 Loan application package and submitted it on July
18, 2009. The Kitsap Regional Coordinating Council (KRCC) reviewed the County wide Section 108
Loan applications on July 29th, 2009 and recommended approval and forwarding of the City's application
for public comment and further review prior to final approval by the Board of County Commissioners. The
KRCC did include an additional conditions for approval, requiring the loan to be approved by HUD before
September 30, 2010 and reducing the loan repayment period from 20 years to 10 years.
On August 3rd, 2009 the Kitsap County Block Grant Division issued the City of Port Orchard a letter
detailing the requirements for the CDBG Section 108 Loan and requiring additional or updated items for a
complete application submittal package for Block Grant Division review, and Board of County
Commissioner approval. The items identified to be submitted are included below:
• An Updated Section 108 Loan Application reflecting a repayment schedule of 10 years. (Requesting
outside consultant or Treasurer Dept. assistance).
• Documentation - (anticipate a Council Resolution or Ordinance) for a 10 year repayment schedule for
the $2 Million dollar loan, including a confirmation of repayment rate, loan fees, terms & conditions.
• Updated Sources & Uses Statement - regarding changes for commitments or in costs.
• Operating Proforma - showing revenues & expenses for the facility 5 years after completion with
associated debt servicing. (Outside Consultant estimate to prepare - $12,000 - $20,000).
• Collateral - Documentation (anticipate a Council Resolution or Ordinance) of collateral for loan and
clarification of HUD collateral types of commitments.
• Independent Financial Review - conducted by an outside consultant and anticipated in the amount
of $ 2,000 (Anticipate this would be sourced from Planning Department 2009 Budget)
Request: Planning Staff is requesting staff direction and/or an approved course of action to allocate City
resources to completion of the CDBG Section 108 Loan final application package. Upon Committee and
Council direction, Planning would prepare applicable Resolutions/Ordinances, Update Section 108 Loan
Application documents, and prepare a very conceptual preliminary Proforma for review by a financial
professional. Additionally, upon Committee or Council direction to move forward, the Planning
Department would utilize remaining 2009 Budgeted Planning Department Professional Services funds for
provision of the required Independent Financial Review.
As the majority of items are of a highly complex financial nature, the in-house Planning Department
resources and expertise are presently lacking the financial capability to competently review the proposed
documents. In order to prepare the requested materials, it is requested that staff direction regarding
possible alternatives to conduct this work may be:
1. Obtaining Future Commitment from Kitsap County Commissioners for project funding and
utilizing $50,000 CDBG GRANT(available February 2010) to fund project financial analysis and
proforma for submission to HUD in September 2010.
2. Directing Planning staff to utilize an allocation of additional 2009 Budgeted Planning Department
Professional Services funds for hiring a financial consultant to assist the department in
preparation of the Town Center Revitalization Project Section 108 Loan financial package, or
3. Preparation of a conceptual Proforma and requested financial documents by Planning
Department staff to the best of their ability, and inter -department requests of limited financial
review of the documents by the Treasurer Department with a Treasurer level of commitment to
be determined at their discretion.
4. Withdrawal of the CDBG Section 108 Loan application for re -submission at later CDBG funding
round.
5. Other alternatives as directed by Committee or Council.
The Port Orchard Finance Committee reviewed the alternatives and recommended the item be brought to
the August 18th, 2009 City Council Work Study meeting for full council review and discussion.
The Planning Department looks forward to the Committee and Council direction on these matters.
*,.°pC Kitsap County Department of Administrative Services
Shawn A. Gabriel, Director
MBLOCBONNIE TUFTS, BLOCK GRANT PROGRAM MANAGER (360�337-4606 - FAX (360) 337-4609
w+sxixmos
K GRANT DIVISION Location & Mailing Address: 345 — 6 " ST, SUITE 400, BREMERTON WA 98337
August 3, 2009
James Weaver
City of Port Orchard
614 Division Street MS-4
Port Orchard WA 98366
RE: Section 108 Loan
Dear Mr. Weaver:
Thank you for the time you took to present your project to the Kitsap Regional Coordinating
Council (KRCC) on July 29, 2009. As you know, they approved the City of Port Orchard's
proposal to apply for Section 108 funds for the Revitalization Project (Parking Garage/Library)
with the contingency that the loan be approved by HUD before September 30, 2010 and be for
a term of 10 years. A legal ad describing all the projects and opening a 30-day public comment
period will be published in the Kitsap Newspaper Group this coming Friday. During the
comment period we will work with you to put a final application together and have an
independent financial review done. You will be responsible for the cost of the review which
could be up to $2,000.
Please work with our office on your schedule for final application submittal. At a minimum
we will need the following: To put a complete package together for review, please submit the
following items of information:
• An updated application reflecting a repayment schedule of 10 years, rather than 20
years, as directed by the KRCC.
• Documentation of approval by the City Council for a 10-year term on the repayment
schedule for the $2 million loan.
• Updated Sources and Uses Statements to reflect any changes in commitments or costs.
• Operating Profonna— This should show the revenues and expenses for operating the
facility, for a minimum of five years after completion, along with the debt service
payments for the loan.
• Collateral — Documentation of the collateral for loan.
Page 2
August 3, 2009
Section 108 Ltr — City of Port Orchard
Once a final application is received by our office, and a satisfactory financial review is
completed, the application will go to the Board of County Commissioners for signature, then
submittal to HUD. Please keep us informed of your progress in the coining months.
If you have any questions, please don't hesitate to contact me at (360) 337-4606.
Sincerely,
Bonnie Tufts
Block Grant Program Manager
City of Port Orchard
Finance Committee
Meeting Minutes
August 7, 2009
Finance Committee Members John Clauson, Rob Putaansuu, and Carolyn Powers met
on August 7, 2009, at 7:00 a.m. at Myhre's. Also present: Mayor Lary Coppola, City
Treasurer Kris Tompkins, Incoming Treasurer Allan Martin, Public Works Director
Dorsey, City Clerk Patti Kirkpatrick, and Planning Director Weaver.
Sales Tax Revenue and Cash Flow:
City Treasurer Tompkins reported that the City had an additional $20,000 deficit at the
end of July for a total 2009 deficit of $260,000 or -9.3%; no revenue will be received
from the Fred Meyer Annexation until the end of September. Finance staff is contacting
the recently annexed businesses to ensure they will be reporting sales tax to the City.
There did not need to be a draw on the interfund loan for Current Expense at the end of
July as revenues from Puget Sound Energy and sales tax were sufficient to cover
expenses.
Mayor's Salary:
Chair Clauson explained there were not too many options; however, he would like the
Mayor to consider voluntarily giving up his salary if set goals were not reached. Goals
that could be accomplished for the remainder of 2009 were discussed as amending the
Revenue Sharing Agreement and start purchasing right-of-way for Tremont Widening
Project. The Committee directed the Mayor to determine his goals/objectives for the
next year for discussion during the 2010 budget cycle.
Public Works (PWD) Director Dorsey reported that he had met with Berger Abam
regarding the Tremont Widening final design and production of right-of-way map that
would show those rights -of -way needing to be purchased. Further, he was looking into
the possibility of entering into an Advance Use Agreement with the State, which would
let the City obligate the funds in advance for purchasing right-of-way.
Prisoner Medical Costs:
A history of the cost to the City of incarceration for the last fifteen years was distributed.
City Treasurer Tompkins noted that an inmate, in the City's custody, required medical
treatment and was taken to Harrison Medical Center, who then sent an invoice in the
amount of $10,500. The Finance Department checked with State DSHS and Dept. of
Corrections to determine their responsibility and they had none. Subsequently, the
Treasurer's office has been able get a reduction in the amount owed to $7,500 and staff
recommends paying the $7,500 bill. The Committee directed staff to pay the bill no later
than August 14, 2009, in order to receive the discount offered by Harrison Medical
Center.
Finance Committee Minutes
Meeting of August 7, 2009
Page 2of3
Maintenance of McCormick Woods:
PWD Dorsey explained that Kitsap County was not holding to their comment in regards
to items such as finishing road striping and pond maintenance now that McCormick
Woods was part of the City. He noted that several items will be forthcoming in the 2010
budget such as paying for street lights, pond maintenance, and road striping. PWD
Dorsey noted that most of the maintenance items will be deferred to the 2010 budget.
Public Works is just completing a McCormick Woods street light inventory.
Prospect Street Property Rental Update:
City Clerk Kirkpatrick reported that she had shown the newly vacated unit (215 Prospect
#201) to the tenant in 213 Prospect Street #201, Ms. Lund, who would make a decision
early next week. Should Ms. Lund decide not to switch units, Ms. Kirkpatrick will begin
advertising the vacant unit.
Business Licensing Through State:
Incoming Treasurer Allan Martin explained that combining the City's business licensing
process with the State's will reduce City staff time and would provide convenient one -
stop shopping for businesses such as Lowe's and Fred Meyers' who have stores in
other cities. There is a nominal fee of $9 per business license that is charged by the
State. Mr. Martin also recommended the Council consider raising their business license
fee from $30 to $50, bringing it inline with other jurisdictions. The Committee directed
Mr. Martin to bring this item forward for a presentation at the September 15, 2009, Work
Study Session.
Request to Purchase ULID Foreclosure Property:
City Treasurer Kris Tompkins presented a letter from Steve Nystrom requesting to
purchase property that the City is holding in trust for ULID #1, along with a memo giving
the particulars of the property. It is currently assessed at $26,030 and the amount
owing at the time of foreclosure was $2,259.69. With this property the City does not
have to advertise or request bids as the RCW states "The sale may be public or private
and for such price and upon such terms as may be determined by resolution of the
council." Any proceeds of the sale go to the Wastewater Treatment Facility Fund.
Under committee reports the Council will be briefed and the Committee feels the price
should be $26,030 unless the interested party does an appraisal and it comes in lower.
DNR Lease:
City Clerk Kirkpatrick reported that the City Attorney had communicated that our liaison
at DNR, Lori Price, is no longer handling our lease and the attorney is still working to
finalize the agreement. DNR does have the survey map, but the City remains unable to
move forward until DNR has reviewed the legal descriptions and determines the lease
amount to be paid.
Finance Committee Minutes
Meeting of August 7, 2009
Page 3of3
Section 108 Loan:
Planning Development Director Weaver reviewed his memorandum on the Section 108
$2 million dollar Loan status and next requirements, which includes an independent
financial review for about $2,000. The application deadline is September 30, 2009. A
separate $50,000 CDBG grant application has been submitted that could be available in
2010 for site acquisition study & preliminary design. A financial feasibility study would
also be beneficial and the cost would range from $12,500 - $20,000, which could be
paid from the CDBG grant. The City debt capacity and ability to make the annual
payments was also discussed.
Schedule Audit Exit Conference:
Treasurer Tompkins asked for a date that the Mayor, Councilmember Clauson, and City
Clerk Kirkpatrick could meet with the State Auditors for the exit conference; it was set
for Friday, August 21, 2009, at 8:00 a.m. in City Hall. City Treasurer Tompkins will
invite Debbie Hunt, Court Administrator as the auditors had some suggestions for the
Municipal Court.
Next Meeting: September 4, 2009, 7:30 a.m. at Myhre's.
Meeting adjourned at 9:05 a.m.
cc: Mayor
Council
City Attorney
Department Heads
PORT ORCHARD TOWN CENTER
REVITALIZATION PROJECT SOURCES
Draft Funding Document:
JULY 16, 2008
SECTION 108 HUD/CDBG LOAN PROGRAM
Estimated Budget
5,280,000
24,027,094
7,335,938
36,643,032
COMMITTED
NDITIONAL TENTATIVE
INITIAL PHASE AQUISITION & DESIGN COSTS
PHASE ONE TOTAL PROJECT COST
PHASE TWO TOTAL PROJECT COST
TOTAL PROJECT COST
PROJECT FUNDING SOURCES
FEDERAL
CDBG Initial Phase 2009-2010 Request
$ 50,000
$
50,000
2010 Federal Appropriations Request
$ 15,000,000
$
$
$
15,000,000
6,000,000
2,000,000
New Market Tax Credits Program
$ 6,000,000
HUD Section 108 Loan
$ 2,000,000
USDA Community Facilities Grant
$ 1,250,000
$
1,250,000
USDA Rural Community Development Direct Loan
$ 750,000
$
750,000
STATE
LIFT Funding
$
3,000,000
LOCAL
Port of Bremerton Partnership (100 parking spaces
0
$
2,520,000
Kitsap Transit Partnership
Kitsap Regional Library Partnershi
APPLICANT
City Parcel Acquisition Co
Sale of Existing Library Bu
PRIVATE
Downtow (150.
IN KIND
Municp ers
SUBTOTALS
$
$
484,4,000
,0
3,7t
,032
643,032
$
$ 9,032
$ 493,032 $
800,000
800,000
$
550,000
$
450,000
$
3,780,000
$
35,350,000
PRO,
T ')IN(
COMMITTED CONTINGENT TENTATIVE
'S $ 36,643,032 $ 493,032 $ 800,000 $ 35,350,000
,ES $ 36,643,032
COMMITTED GAP
PROJECT FUNDING GAP $ 36,150,000