12/13/2011 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of December 13, 2011
1. CALLTOORDERANDROLLCALL
Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tern John Clauson
and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Carolyn Powers, Jim
Colebank, and Fred Olin, were present and constituted a quorum. City Clerk Kirkpatrick,
Police Commander Marti, Public Works Director Dorsey, City Treasurer Martin,
Development Director Weaver, Deputy City Clerk Rinearson, and City Attorney Jacoby were
also present.
A. Pledge of Allegiance
John and Rebecca Diehl led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Tim Kelly, Port Orchard Independent Newspaper Editor, introduced Brett Cihon, who is
their new reporter.
Cindy Lucarelli thanked Councilmember Childs for putting on a well-ran Festival of Chimes
and Lights.
3· APPROVAL OF AGENDA
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion approving the Agenda.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to add approval of second warrants and payroll to the January 10,
2012, Council meeting in an amount not to exceed $25,000. Upon vote, the
motion to amend the agenda passed unanimously.
Upon vote, the main motion as mended passed unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 56684 through 56796 in the amount of $652,691.13;
November's Payroll Warrant Nos. 144190 through 144242 in the amount of $507,009-40;
and Treasurer's check book in the amount of $2,763,431.87
B. Approval ofthe November 15, 2011, Work Study Session Minutes
C. Setting Meeting for a Work Study Session to January 17, 2012, at 7:00p.m. at City Hall
D. Adoption of Ordinance No. 020-11, Amending the 2011 Budget
E. Adoption of Resolution No. 042-11, Recommending Ratification of Amendments to the
Countywide Planning Policies
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F. Adoption of Resolution No. 043-11, Repealing Resolution No. 044-10, Authorizing the
Planning Department's Administrative Assistant to Remain Full-Time through the 2012
Fiscal Year
G. Adoption of Resolution No. 044-11, Authorizing the Continuation of the Temporary Part-
Time Associate Planner Position through the 2012 Fiscal Year
H. Adoption of Resolution No. 045-11, Amending Resolution No. 122-09, to Allow for Holiday
Leave of So Hours for Non-Union Represented Police Commander Position Classified as
FLSAExempt
I. Approval of Contract No. 013-12, Authorizing the Mayor to Execute an Agreement with
A WC Regarding Retrospective Rating Program
J. Approval of Contract No. 014-12, Authorizing the Mayor to Execute an Agreement with The
Doctor's Clinic for CDL/DOT Exams and Certificates
K. Approval of Contract No. 015-12, Authorizing the Mayor to Execute an Agreement with
Public Safety Testing for Police Recruitment
L. Approval of Contract No. 016-12, Anthorizing the Mayor to Execute an Agreement with
Kitsap Economic Development Alliance
M. Approval of Amendment No. 1 to Contract No. 011-10, Authorizing the Mayor to Execute an
Agreement with the Department of Administrative Services Regarding Co-Op Purchasing
N. Approval of Amendment No. 2 to Contract No. 025-10, Authorizing the Mayor to Extend
Contract Date for Janitorial Services with ABM Janitorial
0. Approval of Amendment No. 1 to Contract No. 005-09, Authorizing the Mayor to Modify
Annual Service Amount with Kitsap Humane Society
Councilrnernber Putaansuu MOVED and Councilrnernber Clauson seconded
the motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
A. Presentation to Mayor Coppola
Councilmember Clauson read Resolution No. 046-11 into the record, honoring outgoing
Mayor Coppola for his services over the past four years; and Mayor Coppola thanked the
Council.
Councilrnernber Clauson MOVED and Councilrnernber Colebank seconded the
motion to adopt Resolution No. 046-11. Upon vote, the motion passed
unanimously.
B. Presentation to Councilmember Olin
Councilmember Putaansuu read Resolution No. 047-11 into the record honoring outgoing
Councilmember Olin for his services over the past four years; and Councilmember Olin
thanked the Council and Mayor.
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Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Resolution No. 047-11. Upon vote, the motion passed
unanimously.
6. PUBLIC HEARING
A. 2011 Amendments to the Port Orchard Comprehensive Plan
Development Director Weaver presented the staff report noting, the public hearing was
being conducted for the 2011 City of Pott Orchard Comprehensive Plan Amendments, in
accordance with RCW 36.70A.130 and POMC 16.os.o8o. The Growth Management Act
(GMA), RCW 36.70A states, as a general rule, each city that plans under the GMA may
amend its comprehensive plan no more frequently than once every year. These site-specific
and city-wide amendments were developed in consideration of the goals of the GMA for the
development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a
careful balancing of these goals within the local conditions of the City of Port Orchard.
These amendments were developed from and are consistent with the Kitsap Countywide
Planning Policies (CPPs). The Pott Orchard Planning Commission passed Planning
Commission Resolution No. 004-11, recommending support of the 2011 updates to the Port
Orchard Comprehensive Plan.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:16p.m.
7· BUSINESS ITEMS
A. Approval of the November 22, 2011, Council Meeting Minutes
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to approve the November 22, 2011, Council Meeting minutes. Upon
vote, the motion passed unanimously.
B. Adoption of Ordinance No. 021-11, Approving the 2012 Budget
City Treasurer Martin presented the staff report noting, the Mayor completed and placed
on file a proposed budget and estimate of the amount of the monies required to meet the
public expense, bond retirement and interest, reserve funds, and expense of the
government of the City for the fiscal year ending December 31, 2012. As required, the City
Council held a public hearing on revenue sources for the coming year's budget, including
consideration of possible increases in property tax revenue. The 2012 Budget does not
exceed the lawful limit of taxation allowed by law to be levied on the property within the
City of Port Orchard for the purposes described in the 2012 Budget, and the estimated
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expenditures in each fund are all necessary to cany on the government of the City for fiscal
year 2012.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to adopt Ordinance No. 021-11, approving the 2012 budget. Upon vote,
the motion passed unanimously.
C. Adoption of Ordinance No. 022-11, Recognizing Governmental Accounting
Standards Board Statement 54, Establishing and Renaming Funds
City Treasurer Martin presented the staff report, noting from time to time the City
establishes or repeals Fund designations to improve the usefulness, including
understandability of government fund balance information, and provide more clearly
defined categories to make the nature and extent of the constraints placed on a
governments fund balance more transparent. The City currently has 19 Funds. This
Ordinance aligns Fund designations according to new standards set by the Governmental
Accounting Standards Board (GASB) pronouncements for Fund Balance Reporting and
Governmental Fund Type Definitions.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to adopt Ordinance No. 022-11 establishing and renaming certain
Funds; recognizing Governmental Accounting Standards Board (GASB) goals
of allowing for a better understanding of City financial resources. Upon vote,
the motion passed unanimously.
D. Adoption of Ordinance No. 023-11, Approving 2011 Amendments to the Port
Orchard Comprehensive Plan
Development Director Weaver presented the staff report noting, a public hearing was
conducted earlier this evening for the 2011 City of Port Orchard Comprehensive Plan
Amendments, in accordance with RCW 36.7oA.13o and POMC 16.os.o8o. The Growth
Management Act (GMA), RCW 36.7oA states, as a general rule, each city that plans under
the GMA may amend its comprehensive plan no more frequently than once every year.
These site-specific and city-wide amendments were developed in consideration of the goals
of the GMA for the development of local comprehensive plans, as codified at RCW
36. 70A.o2o, and reflect a careful balancing of these goals within the local conditions of the
City of Pott Orchard. These amendments were developed from and are consistent with the
Kitsap Countywide Planning Policies (CPPs). The Port Orchard Planning Commission
passed Planning Commission Resolution No. 004-11, recommending support of the 2011
updates to the Pott Orchard Comprehensive Plan.
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Councilmember Colebank MOVED and Councilmember Chang seconded the
motion to adopt Ordinance No. 023-11, amending the Port Orchard
Comprehensive Plan. Upon vote, the motion passed unanimously.
E. Adoption of Ordinance No. 024-11, Reestablishing Port Orchard Municipal
Code Chapter 2.24 "Park Commission"
Development Director Weaver presented the staff repott, noting RCW 35.23.170 provides for
cities and towns to provide for a commission of park commissioners, not to exceed seven in
number, to be appointed by the mayor, with the consent of the city council, from citizens of
recognized fitness for such position regarding the general supervision and management of all
City Parks and recreational facility and programs. The present Ordinance proposes to amend
Port Orchard Municipal Code Section 2.24 to create a Pott Orchard Parks Commission,
effective January 1, 2012.
Councilmember Olin MOVED and Councilmember Chang seconded the motion
to adopt Ordinance No. 024-11, amending Port Orchard Municipal Code
Section 2.24 and establishing a Port Orchard Parks Commission.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to postpone the discussion of amending Port Orchard Municipal Code
Section 2.24 and establishing a Port Orchard Parks Commission to the
January, 17, 2012, Work Study Session. Upon vote, the motion passed
unanimously.
F. Adoption of Ordinance No. 025-11, Amending, Ordinance No. 1566, in part,
and Port Orchard Municipal Code Section 2.20.010 Planning Commission
Created
City Attorney Jacoby presented the staff report, noting on December 14, 2010, the Council
approved a contract with Gordon Thomas Honeywell, state lobbying firm to assist the City
in fulfilling its legislative priorities in the 2011 legislative session. The Council reviewed a
list of legislative priorities created by the Mayor, which included a priority to change
Planning Commissioner terms for a second class city from six (6) years to four (4) years,
which the bill was signed into law by Governor Gregoire on April14, 2011.
Councilmember Childs MOVED and Councilmember Powers seconded the
motion to adopt Ordinance No. 025-11, amending, in part, Ordinance No. 1566,
and Port Orchard Municipal Code, Section 2.20.010 Planning Commission, to
include language setting the term of office for planning commissioner
members to four years. Upon vote, the motion passed unanimously.
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G. Adoption of Ordinance No. 026-11, Amending Port Orchard Municipal Code
Chapter 13.04 "Water and Sewer" by Increasing Water Rates over a Four-
year Period
Public Works Director Dorsey presented the staff report, noting at the July 26, 2011 and
August 9, 2011, Public Hearings for the Proposed 2011 Water Rate Increase, the City of Port
Orchard received public comment on the water rate increase proposed to address the
shortfall between 1) water system revenues and 2) the water system operating expenses and
Capital Improvement Plan (CIP.) The City of Port Orchard Utilities Committee met
numerous times within 2011 (May through November), as well as the full Council at Work
Study Sessions to discuss the matter in depth. Based upon the data provided and public
comments received, the Utility Committee proposes an overall monthly base rate increase
of $12.00, with implementation schedule as follows:
• Increase $4/Month in 2012, an additional $4/Month in 2013, an additional
$2/Month in 2014 and an additional $2/Month in 2015
Mary Phelps and Rick Wyatt voiced their suppott of the water rate increase.
Councilmember Putaansuu MOVED and Councilmember Olin seconded the
motion to adopt Ordinance No. 026-11, thereby increasing water base rates
over a four-year period as follows: $4/Month in 2012, an additional $4/Month
in 2013, an additional $2/Month in 2014 and an additional $2/Month in 2015.
Upon vote, the motion passed unanimously.
H. Adoption of Ordinance No. 027-11, Amending Port Orchard Municipal Code
Chapter 13.04 "Water and Sewer" by Increasing Certain Water/Sewer
Charges and Fees
Public Works Director Dorsey presented the staff report, noting Section 13.04.065 of the
Port Orchard Municipal provides that, separate and apart from the City Council's
consideration of rate increases, certain water and sewer charges and fees shall be modified
to reflect annual changes in the All Urban Consumers Price Index (CPI) for the Seattle-
Tacoma-Bremerton area, unless said charges and fees have been adjusted by the City
Council during the past six-month period. As the City Council has not modified the water
and sewer charges and fees set fmth in the body of the ordinance within the past six
months, the Public Works Department and the City's Finance Department have
cooperatively taken this opportunity to calculate these changes, along with correcting
certain scrivener's errors discovered in the process.
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to adopt Ordinance No. 027-11, thereby amending Port Orchard
Municipal Code Section 13.04.020 by increasing certain Water/Sewer Charges
and Fees to reflect annual changes in the Consumer Price Index (CPI), and to
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correct certain scrivener's errors discovered. Upon vote, the motion passed
unanimously.
I. Adoption of Resolution No. 048-11, Confirming Mayoral Appointments to
Boards, Committees, and Commissions
City Clerk Kirkpatrick presented the staff report, noting annually, the City Clerk advertises
the qualifications and duties of each expiring term on the various boards, committees, and
commissions that have open seats. This year, applications were due to the City Clerk's office
on November 23, 2011, and the following applications were received for the following
Boards, Committees and Commissions:
Planning Commission:
LiHcla FiseheF (withdrawn)
Rick Wyatt
Dee Coppola
Oliver Hanley
Tadina Crouch
Tim Drury
Design Review Board:
Shannon Childs
Library Board:
Paul Drzewiecki
Building Board of Appeals:
Barry Berezowski
Danny Gelder
Animal Control Board:
Dr. Nancy Isbell
Rick Wyatt
Councilmember Childs recused himself from the meeting, declaring a conflict of interest.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 048-11, confirming the Mayor's appointments
to the Planning Commission, Library Board, Design Review Board, Animal
Control Appeal Board, and the Building Board of Appeals as set forth in
Resolution No. 048-11.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to amend the confirmation of the Mayor's appointments to the
Planning Commission of Mr. Baglio being the person living outside the City
limits and directed the City Attorney to determine Mr. Oliver Hanley's
residency. Upon vote, the motion passed with five affirmative votes and one
dissenting vote. Councilmember Chang cast the dissenting vote and
Councilmember Childs was recused.
At T55 p.m. Councilmember Childs rejoined the meeting.
At T56 p.m. Council moved into Executive Session for 16-minutes for the purpose of
discussing the performance review of a public employee and potential litigation in
accordance with RCW 42.30.110. The City Attorney was invited to attend the Executive
Session.
At 8:12p.m. Mayor Coppola reconvened the meeting.
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J. Approval of Contract No. 017-12, Authorizing the Mayor to Execute an
Employment Agreement with the Chief of Police
City Attorney Jacoby presented the staff report, noting the terms of employment between
the Chief of Police and the City of Port Orchard are governed by an employment agreement.
The initial four year term of the agreement expires on December 31, 2011. Absent some
other action by the parties, the agreement automatically renews for successive one year
terms beginning on January 1, 2012. It is proposed that a new four year employment
agreement be executed with the Chief upon the same terms as the current agreement,
except for the following modifications: 1) increase the severance package in the event the
Chief is terminated without cause from 3 months of salary to 6 months; increase the notice
the Chief is required to give the City in the event he voluntarily resigns or retires from 30
days to 60 days; 3) increase the amount of life insurance the City purchases on behalf of the
Chief from $150,000 to $250,000; 4) delete the requirement that the City provide the Chief
with disability insurance. No increase in salary is proposed. No additional benefits are
proposed.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to approve Contract No. 017-12, authorizing the Mayor to execute a
new four year employment agreement between the Chief of Police and the City
of Port Orchard in the form attached to this staff report. Upon vote, the
motion passed unanimously.
K. Meeting with Initiating Parties Regarding Notice of Intent to Petition for
Beach Drive Annexation
Development Director Dorsey presented the staff rep01t, noting a Notice of Intent to
Petition for Annexation was received on October 19, 2011, to annex 308 parcels (list
attached) totaling approximately 156.35 acres, located along Beach Drive East, stretching
from the City's current boundary at the intersection of Bay Street and Decatur Avenue in
the west to approximately one mile east of the intersection of Beach Drive and E Hillcrest
Drive, in that portion of Section 25 -Township 24 North -Range 1 East; Section 30 -
Township 24 N01th -Range 2 East; and Section 19 -Township 24 North -Range 2 East;
W.M., in Kitsap County, Washington. The parcels are in the City's currently recognized
Urban Growth Area. They are mostly designated Urban Low-Density Residential in the
County's Comprehensive Plan with zoning designations of Urban Low Residential and
Urban Restricted. Three parcels are designated Urban Low-Intensity Commercial/Mixed
Use with Neighborhood Commercial zoning. One parcel, 24.8 acres, houses the Retsil
Veterans Home with Public Facility zoning. The annexation area encompasses the Joint
Facility Wastewater Treatment Plant, which is an "island" within the City limits.
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Councilmembers Colebank and Clauson recused themselves from the meeting, declaring a
conflict of interest.
Jim Haner, voiced his opposition to circulating petition, stating that during inclement
weather the City would not be able to continue to provide the same level of service currently
provided by the County and asked the Council to not allow the petition to circulate.
Councilmember Powers MOVED and Councilmember Childs seconded the
motion to allow the applicant to circulate a petition for annexation of the
property depicted in the "Recommended Annexation" map, which includes
192402-1-082-2004 and 192402-1-081-2005, and to require the simultaneous
adoption of comprehensive plan and zoning designations, and the assumption
of existing City indebtedness by the area to be annexed. Upon vote, the motion
passed with three affirmative votes and two dissenting votes.
Councilmember Chang and Powers cast the two dissenting votes.
Councilmembers Clauson and Colebank were recused.
At 8:25p.m. Councilmembers Clauson and Colebank rejoined the meeting.
L. Public Event Application: Yukon Do It Marathon
City Clerk Kirkpatrick presented the staff report, noting each year several organizations
request permission to close certain City streets; request the use of City parking lots; or use
City Parks. Tony Seabolt with Narrows Bridge Running Club submitted an application for a
Yukon Do It Marathon on Saturday, December 31, 2011. The marathon will begin at 9:00
a.m. at South Kitsap High School, and end at Key Bank on Bay Street.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded
the motion to approve the public event application for Narrows Bridge
Running Club to use City streets on Saturday, December 31, 2011, for the
Yukon Do It Marathon. Upon vote, the motion passed unanimously.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to authorize the Treasurer to issue warrant/payroll with approval
at the January 10, 2012, Council meeting; with no check amount to exceed
$25,000. Upon vote, the motion passed unanimously.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to execute an agreement regarding software upgrades to Springbrook
7 Accounting Program. Upon vote, the motion passed unanimously.
8. COMMITIEE REPORTS
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Coun cilmember Olin reported on the Public Properties Committee, notin g the di scu ssions
centered on parking issues at Sage Court, Advantage Avenue, Frederick Street, and by Vli st
Motors.
Evelyn Hetrick, voiced her concern of on-street parking closer to her res idence as sh e had
difficulty walking up the hill on Frederick.
9· MAYOR'S REPORT
Mayor Coppol a thanked the Council and staff for their services a nd suppmt over the past
four yea rs.
10. REPORT OF DEPARTMENT DIRECTORS
The re were no department director r epmts.
11 . CITIZENS COMMENTS
There were no citizen comments.
12. ADJOURNMENT
At 9:03 p.m. Ma or Coppol a adjourned the me eting.
~~a~ Timothy C. atth es, Mayo r