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10/13/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 13, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p'.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Present Councilmember Chang Present Councilmember Childs Present Councilmember Clauson Present Councilmember Lucarelli Present Councilmember Putaansuu Present Mayor Pro-Tern Ashby Present Mayor Matthes Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Deputy City Clerk Fernandez, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Ms. Nicole Vaught spoke regarding transparency amongst City Councilmembers in regards to ownership and development of downtown and the lodging tax process. Ms. Gail Porter read a letter from Linda Simpson regarding Cedar Cove Association. Mr. Vance Vaught said he started a petition for the City to create an ethics policy. It will be submitted to the City once he gets 500 signatures. Mr. Burl Stotts read a letter into the record from Kathy Hartwell regarding marijuana licensing, which asked the Council to limit the number of marijuana retailers within City limits. Mr. Stanley Smith spoke regarding wanting feedback from the Council. He has a problem with the staff and the Mayor regarding his property. Minutes of October 13, 2015 Page 2 of 10 Mr. Randy Jones spoke regarding the City not being able to build 8-story buildings and expecting people to come. He can barely get people to come to Bremerton from Seattle. Mr. Pat Waters spoke regarding the cap being released by the State for the number of marijuana businesses into the city limits, and asked that the City limit the number of marijuana retailers that can be in the City of Port Orchard. Mr. Pete Sastro spoke regarding a parking and traffic problem on Arnold and Beach Drive. He would like enforcement of the speed limit and parking. Ms. Elissa Whittleton spoke regarding the need to inform the public regarding Council committee meetings on a consistent basis. Captain Sherry Barnhart spoke regarding the need to understand the process of how the Council can interact with the public. In response to Captain Sherry Barnhart, Mayor Matthes and Mayor Pro-Tern Ashby reviewed Roberts Rules of Order and the Council Resolution for audience participation. 3. APPROVAL OF AGENDA MOTION: By Councilmember Cartwright, seconded by Mayor Pro-Tern Ashby, to add Business Item 71: Discussion of Sign Ordinance. The motion carried. MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Lucarelli, to add Business Item 7J: Discussion to move Mr. Smith's concerns to a subcommittee. The motion carried. MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 65058 through 65198 totaling $468,113.69; September Payroll Warrant Nos. 146599 through 146646 totaling $636,038.09; Electronic Payments dates 9/1/2015 through 9/30/2015 totaling $2,663.71; and Treasurer's check deposit totaling $1,970,573.29. Minutes of October 13, 2015 Page 3 of 10 B. Approval of the September 15, 2015, Council Work Study Session Minutes C. Approval of Public Event Application: Festival of Chimes and Lights MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, approving the Consent Agenda. The motion carried. 5. PRESENTATION A. Proclamation: Domestic Violence Awareness Month -Mayor Matthes read the proclamation into the record. 6. PUBLIC HEARING A. Revenue Sources Hearing -Current Expense Budget 2016 Staff Report: Treasurer Martin noted that the hearing is part of the public process that leads to an ordinance being forwarded to the Kitsap County Assessor along with a Levy Certification in order to set the property tax levy for collection in the 2016 tax year. He gave the presentation of revenue sources and estimates for 2016. Mayor Matthes opened the Public Hearing at 7:54 p.m. Mr. Pat Waters said he would like to see stormwater itemized. He would like to see the money set aside for future stormwater development. Ms. Gerry Harmon said the federal and state government is giving less back, but is giving the City little ways to tax the citizens. She would like to know what the City is doing to contact the state about not putting layers of tax at the local level. Mr. Matt Murphy said he is encouraged that sales tax was up and that sales tax is not limited by the 1% increase. He encouraged the Council to increase the businesses in the city to increase revenues. There being no further testimony, Mayor Matthes closed the Public Hearing at 8:00 p.m. 7. BUSINESS ITEMS A. Approval of September 22, 2015, Council Meeting Minutes Minutes of October 13, 2015 Page 4 of 10 MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu approving the minutes of September 22, 2015, as submitted. The motion carried. Councilmember Childs and Mayor Pro-Tern Ashby abstained. B. First Reading of an Ordinance Amending the 2015 Budget Staff Report: Treasurer Martin presented the staff report, noting amendment reflects $145,000 from Real Estate Excise Fund No. 109 to Capital Construction Fund No. 302 to purchase property located at 640 Bay Street, Port Orchard, Washington. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Lucarelli, to accept the first reading of the Ordinance amending the 2015 Budget for the City of Port Orchard and to direct staff to place the Ordinance on the October 27, 2015, agenda for a second reading and final adoption. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 8:03 p.m. The motion carried. C. Adoption of an Ordinance Amending POMC Chapter 10.12, Establishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain Areas of the City Staff Report: Public Works Director Dorsey presented the staff report, noting the City's Public Works Department continues to annually inventory existing signage to compile corrections, revisions and/or modifications to the current Port Orchard Municipal Code (POMC), Chapter 10.12. Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember Clauson, to adopt Ordinance No. 017-15, thereby updating POMC Chapter 10.12, regarding Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. In response to Mayor Pro-Tern Ashby, Public Works Director Dorsey gave an overview of the changes that will help fix some of the parking problems at Arnold and Beach Drive. The motion carried. (ORDINANCE NO. 017-15) D. Adoption of a Resolution, Repealing Resolution No. 026-14, and Establishing Certain Employee Benefits for Non-Union Represented Employees Classified as FLSA Non Exempt Minutes of October 13, 2015 Page 5 of 10 Staff Report: Human Resources Coordinator Howard presented the staff report, noting the changes to the wage pay rate for non-union represented, non exempt employees, which is a 1.6% increase effective October 4, 2015. Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to adopt a Resolution, repealing Resolution No. 026-14, and approving the Employee Benefits Policy to reflect a rate of pay increase for a 1.6% COLA effective October 4, 2015 for non- union represented employees classified as FLSA Non Exempt. Councilmember Childs said he did not know the overall health of the City, so he could not vote in favor of the resolution. The motion passed 5 to 2. Councilmember Childs and Lucarelli voted no. (RESOLUTION NO. 017-15) E. Adoption of a Resolution, Amending Resolution No. 027-14, and Establishing Certain Employee Benefits for Non-Union Represented Employees Classified as FLSA Executive Exempt Staff Report: Human Resources Coordinator Howard presented the staff report, noting the changes to the wage pay rate for non-union represented, executive exempt employees, which is a 1.6% increase effective October 4, 2015. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Chang, to adopt a Resolution, repealing Resolution No. 027-14, and approving the Employee Benefits Policy to reflect a rate of pay increase for a 1.6% COLA effective October 4, 2015 for non- union represented employees classified as FLSA Executive Exempt. Councilmember Putaansuu said the City needs to remain competitive with other jurisdictions; otherwise, good employees will work elsewhere. The motion passed 5 to 2. Councilmembers Child and Lucarelli voted no. (RESOLUTION NO. 018-15) F. Approval of Amendment No. 1 to Contract No. 069-12, with Teamsters Local No. 589 Representing Police Staff for a Time Extension Staff Report: Human Resources Coordinator Howard presented the staff report, noting the current Collective Bargaining Agreement between the City and the Teamsters Local 589 representing the Police Support Staff will expire on September 30, 2015. The Teamsters Local 589 and their represented members wish to extend the current CBA until December 31, 2015. This would allow Minutes of October 13, 2015 Page 6 of 10 the parties sufficient time and opportunity to engage in good faith bargaining for the successor CBA. Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to approve the Memorandum of Agreement between the City and the Teamsters 589 Police Support Staff extending the current CBA until December 31, 2015 and authorizing the Mayor to sign said Agreement. The motion carried. (AMENDMENT NO. 1 to CONTRACT NO. 069-12) G. Approval of Amendment No. 1 to Contract No. 071-12, with Teamsters Local No. 589 Representing Municipal Court Employees for a Time Extension Staff Report: Human Resources Coordinator Howard presented the staff report, noting the current Collective Bargaining Agreement between the City and the Teamsters Local 589 representing the Municipal Court Employees will expire on September 30, 2015. The Teamsters Local 589 and their represented members wish to extend the current CBA until December 31, 2015. This would allow the parties sufficient time and opportunity to engage in good faith bargaining for the successor CBA. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Putaansuu, to approve the Memorandum of Agreement between the City and the Teamsters 589 extending the current CBA until December 31, 2015 and authorizing the Mayor to sign said Agreement. The motion carried. (AMENDMENT NO. 1 to CONTRACT NO. 071-12) H. Approval of Amendment No. 1 to Contract No. 070-12, with Teamsters Local No. 589 Representing Public Works Employees for a Time Extension Staff Report: Human Resources Coordinator Howard presented the staff report, noting the current Collective Bargaining Agreement between the City and the Teamsters Local 589 representing the Public Work Employees will expire on September 30, 2015. The Teamsters Local 589 and their represented members wish to extend the current CBA until December 31, 2015. This would allow the parties sufficient time and opportunity to engage in good faith bargaining for the successor CBA. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to approve the Memorandum of Agreement between the City and the Teamsters 589 Minutes of October 13, 2015 Page 7 of 10 extending the current CBA until December 31, 2015 and authorizing the Mayor to sign said Agreement. The motion carried. (AMENDMENT NO. 1 to CONTRACT NO. 070-12) 71. Discussion: Sign Ordinance Discussion was held regarding: • RCW 42.17A.555 cannot be applied to the City's right-of-way when discussing political signs placement. What applies to the City right-of-way is the sign code. • When the City Attorney advised staff not to enforce POMC 16.65.020(16), because it is not enforceable • The County Auditor not being notified that the City would not be enforcing its unenforceable sign code as it relates to political signs, because every city and county in the US is having to rewrite their sign codes based on the United States Supreme Court, Reed v. Town of Gilbert, 135 S.Ct. 2218 (June 18, 2005). Political candidates have not been notified either. There is Council concern about the content that is published on the County's website is incorrect due to the Supreme Court ruling and the City being unable to enforce its sign code. • The process used for providing information to the Elections division for the voters pamphlet Councilmember Cartwright asked City Attorney Morris to see if there is a date when Carol advised Nick not to enforce the sign code due to a code enforcement complaint on a campaign sign. In response to Councilmember Clauson, Mayor Matthes said he was aware the sign code was problematic once the Supreme Court decision. 7J. Discussion: Mr. Stanley Smith's concerns to a subcommittee City Attorney Morris said the Council cannot appoint a subcommittee to look into Mr. Smith's concerns. He is currently submitting an application to the City for various permits, he has been informed on the process to get the permits, and the City has provided him alternatives in regard to an interpretation of the code. Those avenues are available to him. The Council has adopted a code that describes those procedures. At this point in time, the Council cannot come up with a subcommittee to divert his procedure from the code appeal procedures, and give him a new benefit. Minutes of October 13, 2015 Page 8 of 10 Mayor Pro-Tern Ashby wanted to address his concerns of being ignored by the Council. Councilmember Putaansuu asked if a committee should be formed to make sure the process outlined in the code is being followed. City Attorney Morris said that would be a problem, because once you have a permit that is being processed, the documents you are going to generate with regard to this ad-hoc process that you are creating will then be part of the administrative record that could go up on appeal and be part of a damage claim or something else. In response to Councilmember Chang, City Attorney Morris said that Development Director Bond is writing him a letter, and he has received previous letters that describe alternative processes for him to follow. He has an attorney. There is a path forward for him. Councilmember Putaansuu would like to see a copy of the most current letter. In response to Councilmember Childs, Mayor Matthes said maybe a Work Study would be a good time to discuss a process on how the Council responds to citizen comments at Council meetings. City Attorney Morris said some cities have an ombudsman who shepherds permits through the process and assists property owners. Councilmember Cartwright believes Mr. Smith needs help, but he is unsure on whether it is the Council's job to help him with this matter. He understands the City Attorney's position. An ombudsman would be a good solution down the line. Councilmember Putaansuu would prefer a council committee to review the process of responding to citizen concerns and the ombudsman idea and provide a recommendation to the full Council. The Public Property Committee will review the process. 8. COMMITTEE REPORTS Councilmember Clauson reported there would be a Finance Committee meeting October 15 at 5:30 p.m. at City Hall. Councilmember Ashby reported the Economic Development/Tourism Committee met October 12, and discussed the September 14 minutes were inaccurate (have been removed from website); foot ferry ridership; public event tool kit review; public event ordinance review; and the Port of Bremerton platform project. She also gave a report on the October 6 Kitsap Regional Coordinating Council (KRCC) meeting, and encouraged the Council to attend the legislative reception on Minutes of October 13, 2015 Page 9 of 10 November 12 at the Clearwater Casino and Resort. She gave a report on the October 9 KRCC TransPol meeting and the October 8 PSRC TransPol Project Selection Task Force meeting. Councilmember Cartwright reported the Public Properties Committee met and received an update on 640 Bay Street, Dwight street vacation issue, reviewed the residential parking permit provisions, and discussed the derelict building ordinance. MOTION: By Councilmember Cartwright, seconded by Mayor Pro-Tern Ashby that the ordinance for derelict building code be brought through public property, vetted through that process, prior to it coming to the full council or Work Study session. The motion carried. Councilmember Chang reported the Lodging Tax Committee met three times and heard from 12 applicants. There were $200K worth of requests, and only $84K available to distribute. The committee's recommendations will be presented at the next Work Study session. In response to Mayor Pro-Tern Ashby, City Clerk Rinearson said the LTAC contract is currently under review by the City Attorney. Councilmember Lucarelli reported the Chimes & Lights Committee is moving forward with flyers for the utility bills and working on the schedule. Councilmember Childs reported the Kitsap Economic Development Alliance will have the Decision Makers 2 event on October 22. 9. MAYOR'S REPORT Mayor Matthes gave a report on the October 6 Housing Kitsap Board meeting; the October 6 Cencom meeting, and the October 6 Kitsap Health Board meeting. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the sewer advisory committee meeting would be at City Hall; the Blackjack Creek Bridge would be ready for placement next week; SDOT is prepping for the Cascade Rising event June 7-10 (earthquake drill -recommend moving the EOC to the Fircrest Station); and attended a meeting with DOT regarding the SR16 Corridor Study that will go from Gorst to the Tacoma Narrows Bridge. City Treasurer Martin reported state auditor will start the 2014 audit tomorrow (he will arrange the entrance interview with the Finance Committee); the IT Technical Review started today; the Minutes of October 13, 2015 Page 10 of 10 2016 preliminary budget is available; 640 Bay Street closed today; and the City Clerk will be doing the second reading of the budget amendment on October 27. City Clerk Rinearson congratulated Deputy Clerk Fernandez for receiving her CMC certificate. 11. CITIZENS COMMENTS Mr. Matt Murphy spoke regarding Supreme Court ruling on June 15, and said the City could have banned signs altogether. He also praised th.e public event tool kit and looks forward to using it. Mr. Nick Whittleton spoke regarding the new apartments in Bremerton. He is glad KRCC is using money wisely. Mr. Pat Waters encouraged the Council to limit the number of marijuana businesses in city limits. Ms. Gerry Harmon said five marijuana establishments in the city is enough. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 9:30 p.m. No other action was taken.