10/08/2001 - Regular - MinutesPort Orchard, Washington
October 8, 2001
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M. at
City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Geiger, Powers, Van Zee, and
Stansbery. Council member Morrison excused. Staff present: Police Chief Townsend, City Engineer Curies,
City Planner Wenman, City Treasurer Tompkins, City Attorney Combs, Deputy Clerk Merlino, and City Clerk
Parks.
Councilman Wyatt led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Sheldon Levin, 5654 Watauga Beach Dr E., addressed Council concerning proposed amendments to the Port
Orchard sign ordinance. Mr. Levin voiced a concern with banning political signs on private property except
during certain periods. Mr. Levin asked Council to modify the proposed amendments by deleting the reference
to political signs and replace with the statement "posting of political signs in Port Orchard is legal as long as the
signs are not safety hazards and are removed from the right of way within seven days of the end of the
election."
Barbara Kitchens, Kitsap County Association of Realtors, expressed the same concerns as Mr. Levin, however
her concerns were directed toward real estate signs on private properties. Ms. Kitchens opposed the revisions
to the proposed sign ordinance, as these changes would place a large impact on the local real estate industry.
Mayor Weatherill thanked Mr. Levin and Ms. Kitchens for their suggestions and advised them the Street/Alley
Committee is currently reviewing the proposed ordinance.
Charlotte Garrido, representing South Kitsap Parks and Recreation, informed the Council, South Kitsap citizens
are putting together a "Memory Garden" in honor of the lives that were lost at the September 11th World Trade
Center attack and invited the Mayor and Council to attend this gathering on October 20th known as "Make A
Difference Day".
Darryl Piercy, Assistant Director of Kitsap County Department of Community Development, presented the draft
Memorandum of Agreement between Kitsap County and the City of Port Orchard establishing the Planning
Process for the South Kitsap Urban Joint Planning Area. Mr. Piercy responded to questions concerning how
the Phase Two planning process would coordinate with the South Kitsap/ULID #6 UGA; how the
Comprehensive Plan Amendments currently under Kitsap County consideration are addressed within the MOA.
Council discussed language regarding the intent to annex these properties referenced in paragraph 12; and
staffing needs necessary to implement Phase Two planning. ln. conclusion Mr. Piercy assured the Mayor and
Council, Kitsap County would work expeditiously to complete planning for Phase II.
Richard A. Brown, local realtor, expressed a concern with how McCormick Woods is being considered in the
Phase Two planning process. Mr. Brown expressed a concern that McCormick Woods is being allotted more
than its fair share of the allocated 10,000 population.
Barbara Kitchens, Kitsap County Association of Realtors, expressed a concern with cities and counties entering
into Memorandum of Agreements, which she feels may circumvent local government representation by
citizens.
William A. Palmer, Land Use Consultant, voiced a concern with the Memorandum of Understanding being too
vague and that it does not define "McCormick Easf' within Phase 2 of the planning process.
september 1 o, 2001
Page 2 of 3
After lengthy discussions, Councilman Van Zee moved to authorize the Mayor to sign the Memorandum of
Agreement between Kitsap County and the City of Port Orchard establishing the Planning Process for the
South Kitsap Urban Joint Planning Area with the condition the last sentence in Item 12 (After these events have
occurred, the City of Port Orchard intends to take necessary steps to annex the property) be deleted,
seconded by Councilman Stansbery. --·--··----
Councilman Wyatt moved to table motion, to allow additional review of MOA, seconded by Councilman Geiger.
Motion failed with 4 nays and 2 ayes. Council members Geiger and Wyatt voting aye.
Original motion as presented by Councilman Van Zee, seconded by Councilman Stansbery, authorizing the
Mayor to sign the Memorandum of Agreement between Kitsap County and the City of Port Orchard
establishing the South Kitsap Urban Joint Planning Area Planning Process with the condition the last sentence
in Item 12, (After these events have occurred, the City of Port Orchard intends to take necessary steps to
annex the property.), be deleted. Motion passed with 4 ayes and 2 nays. Councilmen Wyatt and Geiger voting
nay.
At 8:40 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM
Mayor Weatherill introduced the Letter of Intent between the City of Bremerton and the City of Port Orchard
regarding water system improvements.
City Engineer gave a brief staff report on the Letter of Intent and advised the Letter of Intent has been approved
by the City of Bremerton.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council authorized the Mayor to sign
the Letter of Intent regarding the Bremerton and Port Orchard Water System Improvements.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Resolution No. 1949
appointing the City Clerk as the agent to receive claims for damages as required by RCW 4.96.020.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign
Agreement between the City of Port Orchard and Teamsters Local No. 589 (representing the Municipal Court
employees) effective February 12, 2001 through September 30, 2003.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council adopted Resolution No. 1950
reestablishing certain employee benefits for non-union represented employees classified as Administrative
FLSA exempt or Professional FLSA exempt. (Resolution No. 1950 adjusts medical premium co-pays (Effective
with November premiums, payable in October, 2001) and rescinds longevity pay for employees hired after
November 1, 2001.)
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council adopted Resolution No. 1951
reestablishing certain employee benefits for non-union represented employees classified as FLSA not exempt.
(Resolution No. 1951 adjusts medical premium co-pays (Effective with November premiums, payable in
October, 2001) and rescinds longevity pay for employees hired after November 1, 2001.)
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council adopted Resolution No. 1952
reestablishing certain employee benefits for non-union represented employees classified as FLSA Executive
exempt. (Resolution No. 1952 adjusts medical premium co-pays (Effective with November premiums, payable
in October, 2001) and rescinds longevity pay for employees hired after November 1, 2001.)
Councilman Stansbery, Chair Public Safety Committee, reported the committee has completed the review and
presented daft Ordinance No. 1824 for Council consideration.
Fred Chang, 319 Sidney Avenue, voiced a concern with proposed Ordinance No. 1824 stating the proposed
ordinance does not address outdoor noise or decimeter levels. Mr. Change urged the Council to table this
proposed ordinance for further review.
September 10, 2001
Page 3 of3
Ron Rider, 714 Bay Street, spoke as a business owner in Port Orchard, advised his establishment monitors the
noise levels at all times and assured the Council they lower the music volume when asked.
Marvin Dreessen, 2068 SE Sedgwick Road, stated the proposed noise ordinance needs further review
specifically amplified sounds, and requested the Council to further review and study the proposed ordinance.
After a lengthy discussion, Councilman Stansbery, seconded by Councilman Van Zee, Council adopted
Ordinance No. 1824 amending POMC § 9.24.050 (Ordinance No. 1724) relating to noise regulations.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council adopted Resolution No. 1948
approving the issuance of the Conditional Use Permit as submitted to Qwest Communications for property
located at 2386 Sidney Avenue.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council approved the consent agenda
items as follows:
a. Minutes of the September 24, 2001 regular Council meeting.
b. Approval of Claim Warrants Numbers 35801-35897 in the amount of $309,956.20 and
September 2001 Payroll Warrants Numbers 35682-35769 and direct deposits in the amount
of $265,177.06.
On motion by Councilman Wyatt, seconded by Councilwoman Powers, Council awarded Hotel/Motel Special
Project monies in the amount of $15,000 to the Festival of Chimes and Lights from the current 2001
Hotel/Motel Special Project account.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized the City
Engineer to retain Art Anderson and Associates to inspect the Bay Street Marquee in preparation of hanging
holiday decorations.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized the City Engineer to
repave the parking lot at 514 Bay Street (hazardous clean-up) in the approximate amount of $6,000.00.
At 9:50 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 10:00 PM.
At 10:00 PM Mayor Weatherill adjourned Council into Executive session for 15 minutes to potential litigation,
and then extended it an additional 6 minutes.
~::ay~convened Council into regular s~;;.:eting
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR