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01/10/2005 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 10, 2005 PRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer Robert Geiger, Mayor Protem Rita Dilenno Carolyn Powers Ron Rider -excused Rick Wyatt ALSO PRESENT: Planning Director Joanne Long-Woods, Deputy City Clerk Merlino, Police Chief Townsend and Assistant City Attorney Greg Jacoby. 6:30 p.m. CALL TO ORDER AI Mahaney led the audience and Council in the Pledge of Allegiance. PRESENTATIONS Mayor Abel presented the 2004 Holiday Good Neighbor Awards for outstanding holiday decorations. These awards recognize the dedication of individuals and businesses that have exhibited vibrant holiday spirit. The winners of the residential 2004 Holiday Good Neighbor Award were, Mr. and Mrs. Phillips for their home and yard, located at 808 Cline Avenue. Mr. Phillips accepted the award from Mayor Abel. Mayor Abel recognized Kitsap Bank located at 619 Bay Street as the winner in the commercial category for the 2004 Holiday Good Neighbor Award. Mayor Abel presented the 2004 Holiday Spirit Neighborhood Award to the six residents located at 1731-1741 Pottery Avenue. The following residents were present to accept their awards: Ms. Donna McDaniels -1733 Pottery Avenue Mr. and Mrs. Duane Fielder -1737 Pottery Avenue Mr. and Mrs. Ronald Cameron -1739 Pottery Avenue. This neighborhood will receive a decorative yard banner to add to their 2005 holiday decorations, the banner will remain a part of the neighborhood decorations for the month January 10, 2005 Page 2 of 5 of December 2005. APPROVAL OF AGENDA Mayor Abel added an Executive Session to discuss a potential litigation, and Councilmember Clauson requested Consent Item No. 7E be moved to Business. AUDIENCE COMMENTS Patrick Lucas, 232 Goldenrod, asked for an update from the Sewer Advisory meeting. Mayor Abel advised Mr. Lucas to contact Interim Director Lobdell, for information on this meeting. CONSENT AGENDA On motion by Councilmember Geiger, seconded by Councilmember Clauson, Council approved the Consent Agenda as follows: A. Minutes of December 13, 2004 City Council Meeting B. Minutes of December 27, 2004 City Council Meeting C. Approval of Claim Warrants #42562-42665 in the amount of $792,254.30 and December 2004 Payroll Warrants #138745-138816 and Direct Deposits in the Amount of $443,082.36. D. Adoption of Resolution No. 01-05 Supporting 2005 School Levy Ballot Measure E. Proclamation Declaring January 10, 2005 Nick J. Repanich Day Moved to business items BUSINESS ITEMS Proclamation Declaring January 10, 2005 Nick J. Repanich Day Councilmember Clauson asked that this item be removed from the Consent Agenda, to pay special tribute to former Mayor and Councilmember Nick Repanich for his many years of dedicated service to the City. On motion by Councilmember Clauson, seconded by Councilmember Wyatt, Council approved the Proclamation declaring January 10, 2005 as Nick J. Repanich Day. Motion passed unanimously. Appointment of Mayor Protem On motion by Councilmember Clauson, seconded by Councilmember Powers, Council appointed Councilmember Geiger as Mayor Protem for 2005. Motion passed unanimously. Recommendation by Lodging Tax Advisory Committee for Distribution of 2004/2005 Hotel-Motel Tax Funds January 10, 2005 Page 3 of 5 Councilmember Diienno thanked the Lodging Tax Advisory Committee for their long hours of diligent work on their recommendation for the distribution of the 2004/2005 Hotel/Motel Tax Funds. Councilmember Diienno advised she abstained from voting on the Committee's recommendation due to her participation in Council's vote. Ruthanne Devlin, owner of Bell, Book and Candle, Tourism Committee Chair for the Port Orchard Chamber of Commerce, and the Chamber of Commerce representative to the Lodging Tax Committee, discussed in depth the distribution process of the funds. Ms. Devlin advised the hoteliers had informed the Lodging Tax Committee that the trend in business has been slightly down this year and agreed to allocate $90,000 rather than the $110,000 that the City had estimated in the Hotel/Motel Tax Revenue for 2005. Councilmember Dilenno moved and Councilmember Powers seconded a motion to approve the Hotel/Motel Committee's recommendations for allocation of the 2004/2005 Hotel/Motel Tax Fund. Councilmember Geiger presented an amendment to the motion and Councilmember Wyatt seconded the amendment, to increase the allocation from $90,000 to $92,500 to include the City of Port Orchard's funding request to clean and maintain the restrooms at the Marina Park, Marina Pump Station and at the boat launch. The amendment to approve the Hotel/Motel Committee's recommendations for allocation of the 2004/2005 Hotel/Motel Tax Fund and to increase the allocation from $90,000 to $92,500 to include the City of Port Orchard's funding request to clean and maintain the restrooms at the Marina Park, Marina Pump Station and at the boat launch, passed with four affirmative votes and two dissenting votes. Councilmembers Cramer and Dilenno cast the two dissenting votes. Councilmember Clauson further amended the motion to increase the Hotel/Motel Tax Fund allocation an additional $6,000 to fund Kitsap County Department of Parks and Recreation and Festival of Chimes and Lights which would restore their originally requested fund allocations, seconded by Councilmember Wyatt. The second amendment to add an additional $6,000 to fund Kitsap County Department of Parks and Recreation and Festival of Chimes and Lights which would restore their originally requested fund allocations, and bring the 2004/2005 Hotel/Motel Tax Funds up to a total of $98,500. Motion passed January 10, 2005 Page 4 of 5 with five affirmative votes and one abstention. Councilmember Clauson abstained from voting due to his boardmember position on the Kitsap Peninsula Visitor and Convention Bureau. Approval of Heron Ridge Rock Wall Councilmember Geiger moved and Councilmember Diienno seconded a motion to allow Quali-TE builders to leave the rock wall on city right of way at 1075 Heron Ridge, subject to the conditions of the recorded document. Motion passed with five affirmative votes and one dissenting vote. Councilmember Cramer cast the dissenting vote. Discussion of Revision to RV Parking Ordinance Councilmember Dilenno brought Council up to date on the recommendations submitted by the Street Committee concerning the revisions to the RV Parking Ordinance. The Committee discovered the applications were coming back to the City for review after one year from approval date. The Committee's modifications are intended to streamline the review process so that once approved, a permit is good for more than a one-year period. The Committee's intent is that if an RV is not causing a problem, they do not need to come back for further review and only if the City becomes aware of a nuisance or a problem should the permit be further reviewed. Councilmember Dilenno moved and Councilmember Geiger seconded a motion to not put any time frame on the RV Exemptions, unless they become a nuisance or problematic to the City. Councilmember Clauson moved and Councilmember Dilenno seconded a motion to continue this discussion to the January 24, 2005 Council meeting to allow Police Chief Townsend and Planning Director Joanne Long-Woods an opportunity to review the Ordinance and Resolution. Motion carried unanimously. At 8:15 pm Council went into Executive Session to discuss a potential litigation for 15 minutes and extended the Executive Session an additional 5 minutes, reconvening into regular session at 8:35 p.m. COUNCIL/MAYOR & STAFF REPORTS Councilmember Cramer reported there would be a Economic Development Committee meeting on January 20, 2005 at 7:00 p.m. at City Hall. Councilmember Geiger reported that there was a Growth Management Committee meeting on Thursday, January 13, 2005 at 7:30a.m. at J.A. Michael's January 10, 2005 Page 5 of 5 Councilmember Powers reported that there was a Public Property Committee meeting on Wednesday, January 12, 2005 at 7:30 a.m. at J.A. Michael's. Councilmember Clauson reported there would be two finance Committee meetings on January 27, 2005 at 7:30a.m. at City Hall and February 3, 2005 at 7:30a.m. at City Hall. Councilmember Clauson reported on the exit conference with the State Auditor this morning. Councilmember advised the State Auditor reported no findings with the City's 2003 Audit. Mayor Abel announced the Ad Hoc Committee with Commissioner Jan Angel is scheduled for February 11, 2005, 8:00a.m., location to be announced. Mayor Abel advised a Study Session has been set for January 26, 2005 at 7:30 p.m., at City Hall to discuss the McCormick Water System. Mayor Abel asked the Council to contact the City Clerk's Office with dates and times they will be available for a Council Retreat during the first two weeks of March 2005. The Mayor and Council concurred with raising the Sunshine Fund up to $2.00 per pay period. This fund is used to send flowers or remembrances to recognize birth of babies, illness, injury, or condolences at time of loss of a person the Council wishes to honor. ADJOURNMENT At 9:02 p.m. Mayor Abel adjourned the meeting. Michelle Merlino, Deputy City Clerk KIM E. ABEL, MAYOR