08/28/2006 - Regular - MinutesPRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Fred Chang
Robert Geiger
Rita Diienno
Tye Moore
Carolyn Powers, Mayor Protem
Rick Wyatt
City of Port Orchard
Council Meeting Minutes
Regular Meeting of August 28, 2006
ALSO PRESENT: Public Works Director Abed, Police Chief Townsend, Interim City
Clerk Merlino and Assistant City Attorney Forbes and City Attorney Combs.
7:00 P.M. CALL TO ORDER
Marge Gissburg led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
The following Consent items were added to Business:
• Minutes of the August 14, 2006 City Council Meeting
• Minutes of August 21, 2006 Continued City Council Meeting (from August 14, 2006)
The Executive Sessions were moved to the end of the agenda.
AUDIENCE COMMENTS
Betty Pilling thanked the Mayor and Council for their continual support and deliberation
on the repairs to the downtown marquee. Ms. Pilling further suggested the Council
discuss at the next Council meeting the great suggestions that were presented at the
continued Council meeting on August 21, 2006. Ms. Pilling further requested the
Council to retain the historical value of the City and not destroy any of the downtown
historical buildings.
Jim James, land developer, suggested the City eliminate the significant tree ordinance
and recommend the developers transfer proceeds from their development(s) to help
develop or upgrade City parks.
Minutes of August 28, 2006
Page 2 of 4
Jerry Arnett, 288 Goldenrod Street, a read into record letter from Attorney Jane R.
Koler, asking that the Council not approve Gazebo Plat due to inadequate provisions for
public welfare.
Assistant City Attorney Forbes commented, the letter presented by Mr. Arnett's attorney
is irrelevant at this point. Ms. Forbes advised the Council to move forward with the
approval of the Gazebo Plat. Ms. Forbes further commented, Mr. Arnett should have
addressed his concerns during the appeal process of the Preliminary Plat.
Richard Swagel, Olalla resident, questioned why the contractor for the marquee, is not
accountable for the agreed upon bid price and continue with the project. Mr. Swagel
advised he is new to the area and excited about the future of Port Orchard.
Kathie Lipka, 2505 S. Flower St., presented pictures of the Leora Park II development
and asked why the contractor has not install the required silt fencing within the
construction site. Public Works Director Abed advised he will look into this situation.
CONSENT AGENDA
Council Member Geiger moved and Council Member Wyatt seconded a motion
approving the Consent Agenda.
Council Member Chang amended the motion and Council Member Diienno
seconded the amended motion to move "Final Approval for Gazebo Plat" to
Business. Upon vote, motion passed unanimously
Original vote as amended, passed unanimously.
A. Approval of Claim Warrants #46127-46180 in the amount of $244,939.23.
B. ~4inutes of the August 11, 2006 City Council ~4eeting Moved to Business
C. ~4inutes of August 21, 2006 Continued City Council ~4eeting (from August 11, 2006)
Moved to Business
D. (Abed) Moved to Business
E. Adoption of Resolution No. 033-06 Latecomer's Agreement, Sebring (Abed)
F. Adoption of Resolution No. 034-06 Allowing the Removal of Significant Trees at
Veteran's Memorial Park (Long-Woods)
G. Authorization of Expenses for the Joint Wastewater Treatment Facility (Abed)
H. Authorization for Mayor to Sign Agreement with Trane for City Hall HVAC
Maintenance (Abed)
Minutes of August 28, 2006
Page 3 of 4
BUSINESS ITEMS
Approval of the August 14, 2006 City Council Meeting.
Council Member Clauson moved and Council Member Wyatt seconded the
motion to approve the minutes of the August 14, 2006 Council meeting.
Upon vote, motion passed with six affirmative votes and one abstention.
Council Member Moore abstained from voting, due to his early departure
from the August 14, 2006 meeting.
Approval of the August 21, 2006 Continued City Council Meeting
Council Member Moore moved and Council Member Clauson seconded the
motion to approve the continued minutes from the August 21, 2006 Council
meeting. Upon vote, motion passed with six affirmative votes and one
abstention. Council Member Diienno abstained from voting, due to her non-
attendance at the August 21, 2006 Council meeting.
Adoption of Resolution No. 027-06 Final Approval of Gazebo Plat
Council Member Clauson moved and Council Member Wyatt seconded the
motion to adopt Resolution No. 027-06 finalizing the approval of Gazebo
Plat.
Assistant City Attorney Forbes assured the Council, they were within their rights to
move forward with the approval of Gazebo Plat and any concerns should have been
addressed during the appeal process of the Preliminary Plat.
Public Works Director also advised all the Conditions of Approval have been satisfied by
the developer.
Upon vote, motion passed with six affirmative votes and one dissenting vote.
Council Member Chang cast the one dissenting vote.
Passage of Ordinance No. 016-06 Cable Television Franchise Agreement
Ordinance with Wave Broadband
Council Member Clauson moved and Council Member Wyatt seconded the
motion to approve Ordinance No. 016-06 granting and renewing a
nonexclusive franchise to Wave Division IV, LLC. Upon vote, motion passed
unanimously.
Discussion-Parks Survey
Public Works Director asked the Council to review the draft park survey and provide any
recommendations or changes to Jill Boltz. This item will be placed on the September
11, 2006 agenda for final approval.
Minutes of August 28, 2006
Page 4 of 4
COUNCIL/MAYOR & STAFF REPORT
Council Member Powers set the date and time for the next Public Property Committee
meeting for August 30, 2006 at 7:30 a.m. at Myhre's.
Council Member Dilenno set the date and time for the next Street Committee meeting
for August 31, 2006 at 6:30 p.m. at City Hall.
Council Member Clauson set the date and time for the next Finance Committee meeting
for September 5, 2006 at 6:30 p.m. at City Hall.
Public Works Director Abed reported on the new public works employee Matt Ryan, who
will start employment on September 11, 2006.
Public Works Director Abed further reported on the interview process for the Assistant
City Engineer.
Interim City Clerk Merlino invited the Council and Mayor to the City picnic, scheduled for
11:00 a.m. on September 16, 2006 at Manchester State Park.
At 7:50 p.m. Mayor Abel called for a 5-minute recess.
EXECUTIVE SESSION: At 8:00 p.m. Mayor Abel adjourned the Council into Executive
Session for 30 minutes to discuss Labor Negotiations, potential litigation and contract
negotiations. Mayor Abel extended the Executive Session 20 minutes and then an
additional 15 minutes.
At 9:05 p.m. Mayor Abel reconvened the Council meeting into regular session.
ADJOURNMENT
At 9:06 Mayor Abel adjourned the meeting.
Michelle Merlino, Interim City Clerk Kim E. Abel, Mayor