09/25/2000 - Regular - MinutesPort Orchard, Washington
September 25, 2000
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Morrison, Wyatt, Geiger, Powers, Van Zee and Stansbery. Staff present: City Clerk Parks, Police Chief
Townsend, Deputy Clerk Merlino, City Planner Wenman, City Engineer Curies, and City Attorney Loren
Combs.
Police Chief Townsend led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was
received at this time.
Russ Hauge and lone George, representing the Kitsap County Prosecuting Attorney's Office, presented a
draft of the Kitsap County Child Sexual Abuse Investigation Protocol. The purpose of this protocol is to
set forth minimum standards and procedures to follow in the investigation of child sexual abuse
allegations. Mr. Hauge also discussed the formation of the Special Assault Investigation and Victim
Services (SAIVS), which is responsible for responding to domestic violence and sexual assaults within
Kitsap County. At the end of Mr. Hauge's presentation, he asked for the city's support and approval of
this investigation protocol and the formation of the Special Assault Investigation and Victim Services
(SAIVS).
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council adopted Resolution No.
1911 supporting the formation and concept of the Special Assault Investigation and Victim Services
(SAIVS).
Kathy Michael, 228 Seattle Avenue, addressed Council concerning the clock tower chimes and advised
the gf11/00 city council minutes did not accurately reflect the intent of her request and made the following
corrections: The chimes would gong once on the half hour; and also did not request a public hearing on
this matter.
Mrs. Michael, asked for clarification regarding the prohibition of religious music being played on the clock
tower. City Attorney advised public facilities funded by public funds are not allowed to participate in any
type of religious programs, therefore making this action as unconstitutional.
Mrs. Michael, presented a petition to modify the city hall chimes as follows:
o Volume to be lowered at least 25% in decibel output
o Westminster chimes on the hour only with hour gongs
o A single gong on the half hour; no 15, 30 or 45 minute chimes
o One song a day at 12:00 noon or 5:00 pm
o Weekday chimes to start at 9:00 am and end at 5:00 pm
o Weekend and Monday holiday chimes and gongs to sound at 12:00 noon only
The above may be modified by the City Council at an appropriately noticed public hearing to correspond
with a national holiday or other special event, but at no time will chimes sound earlier than 9:00 am or
later than 5:00 pm.
Mrs. Michael, stressed to the Council their intent is not to have the clock tower chimes turned off, only to
modify the times and chimes and find a balance for everyone concerned.
Gil Michael, 228 Seattle Avenue, discussed the city's noise ordinance (POMC 9.24.050) and advised the
city is clearly in violation of this ordinance and asked the city to comply with the noise ordinance.
Robert Ruffner, 1010 Coles Lane, also spoke in opposition to the clock tower chimes and requested the
volume of the chimes be turned down.
Councilman Clauson advised it is not the city's intent to violate any city ordinance and if the city is in
violation of the noise ordinance the chimes need to be stopped.
September 25, 2000
Page 2 of9
At 8:40 PM Councilman Clauson moved to adjourn Council into Executive Session for 10 minutes to
discuss a legal matter, seconded by Councilman Stansbery and carried. Council extend the Executive
Session an additional 5 minutes.
At 8:55 PM Mayor Weatherill reconvened Council into regular session.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the
deactivation of the City Hall clock tower chimes.
At 8:55 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:05 PM.
Mayor Weatherill referred to letter submitted by Lynn M. Rasmussen, 640 Rainbow Ridge Lane, Port
Orchard, regarding the Howling Wolf Amphitheater, located at the northeast corner of Sedgwick Road
and Sidney Road.
Lynn M. Rasmussen, addressed Council and expressed the following concerns regarding the Howling
Wolf Amphitheater.
o Noise disturbances
o Alcohol consumption in undesignated areas
o Music/noise that is offensive
o Disproportionate amount of negative persons and traffic brought into community and area
o Violation of their permit for playing past the 11:00 PM permit time
o Inappropriate behavior of security personnel
Ms. Rasmussen substantiates her concerns with a 4-minute video. Ms. Rasmussen further requested the
Howling Wolf Amphitheater's dance license be revoked and a complete investigation performed by the
City Attorney, city officials and city engineering department.
Rick Best, representing First Lutheran Church, expressed a concern with the inappropriate language as
well as distasteful acts on the stage.
Marv Dreesen, 4848 Glenwood Road, was an eye-witness to one of the concerts and observed many
three and four year old children in attendance and asked why the Council is allowing this to happen.
Diane Lanius, lives within . 7 miles of the Howling Wolf Amphitheater, and conveyed her dissatisfaction
with the loud abrasive noise. The disturbance can be heard inside her home, as well as, out in the yard
and has become very disruptive to their neighborhood.
Lynn Rasmussen, presented a signed petition requesting the revocation of the Howling Wolf
Amphitheater's dance license and not allowing any future dance license permits.
Marv Dreesen, 4848 Glenwood Road, asked the Mayor, City Clerk and each Council member if any of
them had any personal or financial interest in the Howling Wolf Amphitheater. The Mayor, City Clerk and
Council members all denied any financial and/or personal interest in this establishment. Mr. Dreesen also
submitted a letter of opposition for the record.
Pat Waters, adjacent property owner, expressed a concern with the vulgar language and open fires at the
concerts.
Ron Rice, property owner and owner of the Howling Wolf Amphitheater, advised the amphitheater is
designed to appeal to all ages and asked members of his organization to speak to this issue.
Lei! Wagner, band member, advised his band was told if inappropriate language was used, the power
cord would be pulled and further advised his band did not use inappropriate body language. Mr. Wagner
September 25, 2000
Page 3 of9
also stated he did not observe any minors drinking alcohol and did not notice any traffic congestion or
overflow parking in the Albertson's parking lot.
Dawn Libby, Amphitheater Manager, informed Council this amphitheater is designed for all ages and for
many types of functions, including fund raisers, and political rallies. Ms. Libby further informed the
Council no glass was allowed in the area; the bands were told if vulgar language was used they would be
removed from the stage; approximately 97% of the people were respectful and sober.
Lisa Bondrick, amphitheater volunteer, also stated no bottles were allowed in the area, no minors were
drinking alcohol, all bags were searched at the entrance and further stated not all security personnel
displayed inappropriate behavior during the concert.
Jack Ramo, representing Cal's Boxing, spoke in favor of the amphitheater and is very interested in using
the amphitheater for a boxing event and encouraged the owners and developers of the amphitheater to
stray away from the younger rock bands.
Fred Chang, 319 Seattle Avenue, supported the need for live bands, however suggested putting these
types of concerts indoors.
At this time of the meeting, Mayor Weatherill advised the noise ordinance will be reviewed by the Public
Safety Committee and a meeting with the Prosecuting Attorney and local law enforcement will commence
to review this matter.
City Clerk Parks reported on bid opening held September 13, 2000 at 4:30 PM regarding the Public
Works Facility. Two bids were received with the required bid bonds.
Base Bid
Lincoln Construction, Inc. $239,070.
Beisley, Inc. $173,578.
ENGINEER'S ESTIMATE $187,000.
$42,680.
$36,800.
$35,000.
$8,780.
$7,665.
$5,000.
$19,860.
$6,000.
$15,000.
On motion by Councilman Morrison, seconded by Councilman Van Zee, Council accepted the bidding
and awarded the contract for the Public Works Facility to Beisely, Inc. in the amount of $173,578 with the
inclusion of Alternate "A", Alternate "B" and Alternate "C" as submitted by Beisely, Inc.
At 10:45 PM MayorWeatherill called for a 10 minute recess with meeting reconvening at 10:55 PM.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council removed from table, Tabled
Motion granting a six-month time extension for the Eileen Hanson Rezone, (R-1127) located in the 1400
block of Bethel Avenue. (Original motion to approve by Councilman Van Zee, seconded by Councilman
Morrison, 9/11/00).
City Planner Wen man advised Council, after further review of this matter, it was determined the extension
for the Eileen Hanson rezone was submitted in a timely manner.
Reid Mueller, representing the Eileen Hanson Rezone (R-1127) addressed Council and requested an 18-
month time extension for this development.
Councilman Van Zee moved to amend motion to grant an 18-month time extension for the Eileen Hanson
Rezone (R-1127), seconded by Councilman Stansbery and carried.
September 25, 2000
Page 4 of9
Original motion, as amended and unanimously approved, granted an 18-month time extension for the
Eileen Hanson Rezone, (R-1127) located in the 1400 block of Bethel Avenue.
At 11:00 PM Mayor Weatherill adjourned Council into Executive Session for 10 minutes to discuss labor
negotiations. Council extended the Executive Session an additional 10 minutes and extended the
Executive Session a final 1 0 minutes.
At 11 :30 PM Mayor Weatherill reconvened meeting into regular session.
City Attorney asked for Council's concurrence on the Patrol Officer's Teamsters Local No. 589 Contract
with the following amendments:
a Change the All Urban Consumers Index Schedule from the July to July schedule to the June to June
schedule.
a Modify language within Article 12 to include the current medical benefits and deductibles which the
city is currently providing.
a Modify Article 12.4 to reflect the current medical/prescription coverage.
a A sidebar letter will be prepared to clarify regular shift and overtime shift work for K-9 training to be
approved by the Police Chief.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council ratified the Patrol
Officer's Union Contract as negotiated for three (3) years, October 1, 2000 through September 30, 2003
with a 3.5% Cost of living Wage increase and to include the following modifications, and as listed in
Attachment "A" Summary of Issues for Ratification.
a Change the All Urban Consumers Index Schedule from the July to July schedule to the June to June
schedule.
a Modify language within Article 12 to include the current medical benefits and deductibles which the
city is currently providing.
a Modify Article 12.4 to reflect the current medical/prescription coverage.
a A sidebar letter will be prepared to clarify regular shift and overtime shift work for K-9 training to be
approved by the Police Chief.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council adopted Resolution
No. 1910 relating to personnel and compensation; providing that October 1, 2000-September 30,2001
compensation for non-represented personnel shall be determined subsequent to the completion of
negotiations with union-represented employees and made retroactive to October 1, 2000.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council approved the consent
agenda as follows:
a. Minutes of the September 11, 2000 City Council meeting
b. Claim warrant numbers 33576-33646 in the amount of $77,211.79.
c. Resolution No. 1908 relating to parking within the city limits to implement a rev1s1on
approved at 9/11/00 Council meeting to change time restrictions in the 100 block of Harrison
Avenue from one-hour to two-hour parking.
d. Resolution No. 1909 approving and agreeing to sponsor the application of Kitsap Sewer
District No. 5 for membership in the AWC Health Benefit Tnust Program.
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council excused Councilman Morrison
from the October 9, 2000 City Council Meeting.
September 25, 2000
Page 5 of9
On motion by Councilman Morrison, seconded by Councilman Stansbery, Council approved the Application
for Public Event submitted by Phil McCormick, Rewind Music & Coffee Co., to host "The Pumpkin Patch",
scheduled for Saturday, October 28, 2000 located on Fredrick Street.
City Clerk presented a draft "Application for Show, Dance, and/or Public Amusemenf' form which the City
Clerk's office is proposing to use for the issuance of dance and/or public amusements within the City of Port
Orchard.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the City Clerk's
office to prepare and use the "Application for Show, Dance, and/or Public Amusemenf' form as presented
and amended to include the addition of item #6 'Will any sound be generated during the dance, show, or
public amusement that will be audible beyond the confines of the property on which the function/event is
being held?".
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized Mayor
Weatherill to sign Change Order No. 2 for the Sedgwick Reservoir, which will reduce the amount of the
contract by $930.00.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council authorized the Mayor to sign
the Right of Way Deed for property located on Fireweed Street, which was purchased from the Schlenker
family.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the City Engineer
·to complete the Short Plat for a parcel of land located in the 900 block of Mitchell Avenue,
At 12:05 PM Mayor Weatherill adjourned meeting. ae~ ~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
Attachment "A"
SUMMARY OF ISSUES FOR RATIFICATION
September 25, 2000
Page 6 of9
7.1 UNION SECURITY -It shall be a condition of employment that all employees covered by this
agreement who are members of the union on the execution date of this agreement shall remain
members in good standing. It shall also be a condition of employment that all current employees
covered by this agreement on the date of ratification and hired after its execution shall by the 30'h
day following the initial hire become and remain members in good standing in the union, or in lieu
thereof pay a service fee to a non-political and secular organization recognized as a charitable
organization under IRS code section 501 (c)(3). An amount equal to the union initiation fee shall
be paid within 30 days of the initial hire. There shall be paid monthly a service fee equal to the
monthly union dues.
9.1.2. OFF DUTY WORK -If the City approves off duty work, the payment for such work shall be
through the City. Any off duty work shall be paid at the overtime rate, but the hours worked shall
not be counted towards the forty (40) hour work week for determining overtime for on duty work.
-The provisions relating to-holiday pay, call back and other compensation enhancementprovisions
of this Agreement shall not apply to off duty work, nor shall off duty work apply to increase the
compensation enhancement for on duty work. Off duty work shall be offered first to bargaining
unit members before offering it to reserve officers. The officer working the special event shall
receive off duty pay for the actual time worked, or the number of hours charged by the City to the
special event sponsor, which ever is greater.
9.3 CALL-BACK-Should an employee be called for duty other than the regular shift, such employee
shall receive a minimum of three (3) hours of overtime pay, excluding court time. Call back shall
not apply when the employee is called back to work within two (2) hours of the start of their
regular shift. A reserve officer shall not be used to supplant bargaining unit scheduled work,
unless the work is first offered to bargaining unit members. Reserves may be used to
supplement scheduled shifts, or to fill scheduled shifts where no bargaining unit member is
available.
ARTICLE 10 .................. WAGES, LONGEVITY PAY
10.1 Effective October 1, 2000, the wages shall be as follows:
1st Class Police Officer
Date of Hire ....................................... $16.97
Commission Date .............................. $18.86
2nd Class ............................................................. $19.59 per hr. After 12 mo. from date of hire
3rd Class .............................................................. $20.48 per hr. After 18 mo. from date of hire
4th Class ............................................................. $21.43 per hr. After 24 mo. from date of hire
5th Class ............................................................. $23.32 per hr. After 36 mo. from date of hire
10.3 ..... Effective October 1, 2001 the rates of pay set forth above shall be increased by one hundred
percent (1 00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U)
(1982-1984=100) for the Seattle-Tacoma-Bremerton area for that period from June, 2000 to
September 25, 2000
Page 7 of9
June, 2001, as is specified by the Bureau of Labor Statistics, United States Department of Labor;
provided, however, the COLA increase shall not be more than five percent {5%).
10.4 Effective October 1, 2002 the rates of pay set forth above shall be increased by one hundred
percent (1 00%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U)
(1982-1984=1 00) for the Seattle-Tacoma-Bremerton area for that period from June, 2001 to
June, 2002, as is specified by the Bureau of Labor Statistics, United States Department of Labor;
provided, however, the COLA increase shall not be more than five percent {5%).
10.5 The wage set forth in paragraph 10.1, as modified by paragraphs 10.3 and 10.4, shall be
increased by 5% whenever the officer is actually serving as a Field Training Officer.
Article 12
............ Deletion of J.C. Plan #28, but retain 90% deductible benefits
............ Deletion of Standard Insurance Company disability insurance coverage.
Deletion of $5,000 life insurance policy and $5,000 Accidental Death and Dismemberment Policy
12.4 The employer shall provide prescription coverage through AWC Trust Plan A to refiect the current
medical/prescription coverage .
.. . 12.4.1 Effective October 1, 2000-employees shall pay each month-a portion of the above premiums as-
follows:
Employee Only ....................................... $0.00
One dependent.. ..................................... $7.25
Two dependents ..................................... $14.49
Three of more dependents ..................... $21.74
If the insurance provider increases the premium rate, then the amount the employee pays for
employee coverage shall be increased by an amount equal to the increase in the wages for the
employee in the previous year times the amount of the premium increase, effective in the month
the premium increase becomes effective. For example, if wages were increased by 3.5% on
October 1, 2000, and effective January 1, 2001 the insurance premium for an "employee only'' is
increased by $25, then effective January 1, 2001 the employee only contribution rate would be
eighty-eight cents ($.88). The dependent contribution rate shall be increased on October 1, 2001
and October 1, 2002 by the same percentage as the wage increase received pursuant to
paragraphs 10.3 and 10.4
13.8 The City shall provide term life insurance on the employee's life, the beneficiary to be chosen by
the employee. The policy shall be acquired as quickly after the effective date of this agreement
that the City can acquire the policies after calling for proposals and obtaining City Council
approval of the proposals, but in no event shall it be later than December 1, 2000. The policy
shall remain in full force and effect so long as the employee is employed by the City. The City
shall not cancel any existing policies until the new policy is in place. The initial face amount of the
policy shall be equal to the gross income of the employee as determined by the W-2 from the City
for 1999. If an employee's 1999 W-2 form does not refiect a full year's wages, or the employee
was hired in the year 2000 then the amount of the policy for the first year shall be the gross
annual salary of the employee as if he had worked a full year without overtime or other base
salary enhancement compensation. The face amount of the policy shall be adjusted each year
on the anniversary date of the policy to refiect the actual gross income of the employee as
determined by the last W-2 form received from the City. The face amount of the policy shall be
September 25, 2000
Page 8 of9
rounded to the nearest $1,000. For example if the W-2 gross income of an employee was
$50,501 for 2000, then on the anniversary date of the policy in 2001 the face amount of the policy
would be adjusted to $51,000.
15.11 Deletion of accrued sick leave to the employee's beneficiary upon death of the employee.
18.1.5 Each officer shall be issued a raincoat ami jt~m~st~il.
18.2 The Employer shall pay up to fifty ($8Q.QQ) one hundred ($1 00.00) dollars for the
replacement of shoes/boots confiscated due to contamination.
New article
ARTICLE 23 ..................... MANAGEMENT RIGHTS
23.1 Except as otherwise specifically provided in this Agreement, and subject to the Union's right to
negotiate the impact of changes regarding mandatory subjects of bargaining, the City has the sole
and exclusive right to exercise all the rights and functions of management. Without limiting the
generality of the foregoing, management rights includes; but is not limited to:
(1)
. . (2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
The determination of Police Department policy, including the right to manage the affairs of
the Police Department in all respects;
Tne right to assignwon<inghoufs, rncludin!fovertime;
The right to establish, modify or change work schedules, managing of facilities and
equipment, including the amount of facilities and equipment;
The right to direct the employees of the Police Department, including the right to hire,
evaluate qualifications, evaluate skill and ability, promote, demote, suspend, layoff and
discipline or discharge for just cause;
The right to organize and reorganize the Police Department in any manner it chooses,
including the size of the Police Department and the determination of job classifications and
rank based upon duties assigned, except where such changes impact conditions of
employment, wherein the City will notify the Guild of its intent and offer the opportunity to
bargain prior to the implementation by the City;
The determination of the safety, health and property proteclion measures for the Police
Department in accordance with applicable statutes and regulations;
The selection, promotion or transfer of employees to supervisory or other managerial or
technical positions, except where otherwise subject to Civil Service procedures;
The allocation and assignment of work to employees within the Police Department;
The determination of policy affecting selection or training of employees;
The scheduling of operations and determination of the number and duration of hours of
assigned duty per week, except that the City will notify the Guild of its intent and offer the
opportunity to bargain prior to implementation by the City;
The establishment, modification and enforcement of Police Department rules, regulations
and orders;
September 25, 2000
Page 9 of9
(12) The transfer of work from one position to another within the Police Department;
(13) The introduction of new, improved or different methods and techniques of operation of the
Police Department or changes in existing methods and techniques;
(14) The placing of service, maintenance or other work with outside contractors or agencies of
the City;
(15) The determination of the number of ranks and the number of employees within each rank;
and
(16) The determination of the amount of supervision necessary.
The City has the right to immediately exercise its management rights without consultation with the
Union in exigent circumstances. However, absent exigent circumstances, the City will discuss the proposed
impacts of implementing a change prior to implementation. This shall not require the parties to reach
agreement upon the proposed impacts before management exercises its rights as set forth in this provision.
New Article
ARTICLE 24 ............................. K-9 Officer
24.1 If the City should, as an exercise of its management rights, determine that an officer should be
assigned the duty of serving as a K-9 officer, then the following shall apply:
1. One-half hour of each eight hour work day shall be devoted to care for the animal.
2. All mandatory training shall take place during the employee's regular shift; any overtime will
be approved by the Police Chief.
3. The Employer shall reimburse the employee for all receipted expenses, approved in advance
by the Chief.
4. At the time the animal is determined, by the employer, as no longer fit for service, at the K-9
officer's option, ownership of the animal will be transferred to the K-9 officer. Such transfer of
ownership shall relieve the city of any further liability.