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12/22/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 22, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro- Tern Carolyn Powers, Fred Chang, Jerry Childs, Jim Colebank, Fred Olin, and Rob Putaansuu were present and constituted a quorum. Public Works Director Dorsey, Assistant City Engineer Archer, City Treasurer Martin, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Absent: Councilmember Clauson; excused. A. Pledge of Allegiance Shannon Childs led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jerry Arnett voiced his concern that the Council did not allow citizens to ask questions under Citizens Comment at the December 8, 2009, Council meeting and encouraged the Council to always be about open government. Patrick Lucas voiced his appreciation of the dedication and hard work of the Mayor and Council. Shannon Childs voiced her appreciation to the City staff who decorated the town for the Holiday season; noting Port Orchard is at its best during this time of year. 3. APPROVAL OF AGENDA The following items were added to the Business Items: • Discussion: Letter from Sydney Museum and Art Association • Discussion: Confirming the Council Retreat Date The following item was added to the Consent agenda: • December 2, 2009, Special Work Study Session meeting minutes Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to approve the agenda as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Minutes of December 22, 2009 Page 2 of10 Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to excuse Councilmember Clauson from the December 22, 2009, Council meeting. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 52814 through 52876 in the amount of $205,526.53 B. December 2, 2009, Special Work Study Session meeting minutes C. Approval of the December 7, 2009, Council Meeting Regarding Public Hearing of 2010 Budget D. Setting Meeting for Work Study Session to January 19, 2010, at 7:00 p.m. at City Hall E. Adoption of Resolution No. 124-09, Ratifying Mayor's Signature to Enter into Lease Agreement with Kelley Imaging Systems for Municipal Court Copier and Fax F. Adoption of Resolution No. 125-09, Ratifying Mayor's Signature to Enter into Lease Agreement with Kelley Imaging Systems for Public Works Shop Copier G. Adoption of Resolution No. 126-09, Authorizing the Mayor to Execute Contract No. Coo5-10, with the Doctor's Clinic for COL/DOT Exam and Certificates H. Adoption of Resolution No. 127-09, Authorizing the Mayor to Execute Contract No. Coo6-10, with AWC for Annual Workers' Compensation Group Retro Program I. Adoption of Resolution No. 128-09, Authorizing the Mayor to Execute Contract No. Coo7-10, with Kitsap Economic Development Alliance Councilmember Putaansuu MOVED and Councilmember Chang seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 5. PRESENTATION A. Presentation: Oaths of Office for Re-Elected Councilmembers -Senator Kilmer Senator Kilmer presented the Oath of Offices to Councilmembers Chang, Powers, Putaansuu, and Childs, noting that their public involvement is crucial during these times and not only are they assuring the best for City of Port Orchard they are helping preparing to better the water we drink, the air we breathe, and the earth they will inherit. 6. PUBLIC HEARING No Public Hearings were held. 7. BUSINESS ITEMS A. Approval of the December 8, 2009, Council Meeting Minutes Minutes of December 22, 2009 Page3 of10 Councilmember Powers MOVED and Councilmember Chang seconded the motion to approve the December 8, 2009, Council Meeting Minutes. Upon vote, the motion passed with five affirmative votes and one abstention. Councilmember Colebank abstained. Councilmember Clauson was absent. B. Adoption of Ordinance No. 033-09, Updating the 2009 Port Orchard Comprehensive Sewer Plan Public Works Director Dorsey presented the staff report, noting the Growth Management Act (GMA) requires that each city that plans under the GMA must periodically review; and if needed, revise its capital facilities plans to ensure compliance with the Growth Management Act. This 2009 update to the Port Orchard Comprehensive Sewer Plan was developed in consideration of the goals of the GMA for the development of local capital facilities Plan, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. This update and amendments were developed from and are consistent with the Port Orchard Comprehensive Plan. A SEPA checklist was completed and distributed on October 1, 2009. A SEPA DNS was issued on October 16, 2009, and no appeals were received. The Washington State Department of Commerce, state and local agencies, and tribes were issued a draft document for 60 day comment on October 16, 2009. Comments received have been incorporated into the document. A Public Hearing was conducted by the City Council on November 24, 2009. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Ordinance No. 033-09, approving the 2009 update to the Port Orchard Comprehensive Sewer Plan. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 131-09, Confirming Mayoral Appointment to the Planning Commission City Clerk Kirkpatrick presented the staff report, noting the Planning Commission is made up of eight residents of the City, who volunteer their time for the purpose of reviewing land use applications and making recommendations to the City Council, and serves a term of six (6) years. There was one vacancy on the Planning Commission, which was duly advertised in the Port Orchard Independent and on the City's Website. The following people submitted applications for the vacant seat: Annette Stewart; Bryan McKinnon; and Jan Grosso Collins. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 131-09, confirming the Mayor's appointment of Jan Grosso Collins to the Planning Commission for a term expiring December 31, 2015. Upon vote, the motion passed unanimously. Minutes of December 22, 2009 Page4 of10 D. Adoption of Resolution No. 132-09, Confirming Mayoral Appointment to the Library Board City Clerk Kirkpatrick presented the staff report, noting the Kitsap Regional Library Board is comprised of five residents of the City, who volunteer their time assisting the Mayor and Council regarding the contract with the Regional Library and lend assistance to the regional library. Members serve a term of five (5) years. There was one vacancy on the Library Board, which was duly advertised in the Port Orchard Independent and on the City's Website. One application was received from Virginia Collins to fill the vacant seat. Councilmember Colebank MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 132-09, confirm the appointment of Virginia Collins to the Port Orchard Library Board for a term expiring December 31, 2014. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 133-09, Confirming Mayoral Appointment to the Design Review Board City Clerk Kirkpatrick presented the staff report, noting the Port Orchard Municipal Code 2.78 establishes the Design Review Board. POMC 2.78.030 designates the Board will consist of not less than s and not more than 7 residents who shall be appointed by the Mayor subject to confirmation of the City Council. Members serve a term of three (3) years. There are two vacancies on the Design Review Board, which was duly advertised in the Port Orchard Independent and on the City's Website. One application was received from Bryan McKinnon to fill the vacant seat. Councilmember Chang MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 133-09, confirming the appointment of Bryan McKinnon to the Port Orchard Design Review Board for a term expiring December 31, 2012. Upon vote, the motion passed with five affirmative votes and one dissenting vote. Councilmember Colebank cast the dissenting vote. F. Adoption of Ordinance No. 034-09, Amending the Comprehensive Plan Development Director Weaver presented the staff report, noting the Growth Management Act (GMA), RCW 36.70A requires that each city that plans under the GMA must periodically review, and, if needed, revise its comprehensive plan and development regulations every seven years to ensure compliance with the Growth Management Act. These 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 Minutes of December 22, 2009 Page 5 of 10 Planning Policies (CPPs). The Port Orchard Planning Commission unanimously passed PC Resolution 008-09 recommending support of the above 2009 updates to the Port Orchard Comprehensive Plan. An additional proposal for update to the 2009 Port Orchard Comprehensive Plan attracted considerable testimony and discussion during the Planning Commission meetings. Appendix F was provided as a possible addition to the 2009 Port Orchard Comprehensive Plan that identifies and documents the elements of the existing Port Orchard regulations that met the PSRC definition as a Regional Urban Growth Center. The Appendix was identified as a vehicle to allow the City of Port Orchard to qualify for those additional Growth Center funding opportunities. A public hearing was conducted by the City Council on November 24, 2009. Considerable public testimony was heard on Appendix F. The Planning Commission met on December 1, 2009, to further discuss Appendix F, and voted unanimously through Planning Commission Resolution No. 007-09 to not recommend inclusion of Appendix F in the 2009 Port Orchard Comprehensive Plan Update. Councilmember Childs MOVED and Councilmember Olin seconded the motion to approve Ordinance No. 034-09, approving the amendments to the 2009 Port Orchard Comprehensive Plan Update, without the inclusion of Appendix F. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. G. Adoption of Ordinance No. 010-09, Amending Port Orchard Municipal Code Chapter 16 Land Use Regulatory Code Development Director Weaver presented the staff report, noting in an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. Planning Commission input and consideration was identified as an essential step for implementation and needed clarifications to our existing code and regulations that support the goals and policies of our Comprehensive Plan. Meetings were noticed and held with the Planning Commission in January, February, March, and April of 2009. Draft code language was prepared as a result of the Planning Commission recommendations and Resolution. City Council held a public hearing on the proposed changes on November 24, 2009. Testimony was heard from the public, and additional comments were submitted during the review period. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 010-09, amending Port Orchard Municipal Code Title 16: Land Use Regulatory Code, as outlined. Upon vote, the motion passed with four affirmative votes and two dissenting votes. Minutes of December 22, 2009 Page 6 of10 Councilmembers Chang and Colebank cast the dissenting votes. Councilmember Clauson was absent. H. Adoption of Resolution No. 129-09, Authorizing the Mayor to Execute a Contract with SafeBuilt for On-call Building Inspection and Plan Check Services Development Director Weaver presented the staff report, noting McCormick Woods was annexed to the City of Port Orchard with a finalization date of July 8th, by Port Orchard City Council Ordinance 011-09. The amount of building inspections required to accommodate the annexed areas is beyond the capacity of the existing staff at the present levels provided under the 2009 and 2010 City of Port Orchard Budget. The contract would allow an additional option for needed building inspections during periods where the City Building Inspector is sick or on vacation. The contract was reviewed by the City Attorney on November 13, 2009; and directed the item for discussion at the next City Council Work Study Session meeting. Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion to adopt resolution No. 129-09, authorizing the Mayor to execute contract No. CooS-10, with SAFEbuilt, Inc. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. I. Approval of the 2010 South Kitsap Water Reclamation Facility Budget City Treasurer Martin presented the staff report, noting the proposed budget reflects $2,793,552 in revenues (not including grants), inclusive of the City's contribution of $1,183,092 and $150,000, totaling $1,333,092. The expense budget is $1,842,210; debt payments total $975,500. The Capital Improvement portion of the budget is $41,500. Councilmember Putaansuu requested the City's contribution be addressed at a future Work Study Session. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to approve the 2010 South Kitsap Water Reclamation Facility Budget. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. J. Adoption of Resolution No. 122-09, Repealing Resolution No. 037-06, and Establishing Certain Employee Benefits for Non-Union Represented Employees Classified as FSLA Executive Exempt City Clerk Kirkpatrick presented the staff report, noting after the City Council adopts new collective bargaining agreements for union employees, it typically adopts a resolution Minutes of December 22, 2009 Page 7of10 updating the salary and benefits package for non-union represented employees. The salary and benefits package set forth in this resolution is the same as what the union employees are receiving under the new CBAs. However, with respect to salary, the Finance Committee has recommended that this resolution only address the first year of three years so that the City Council has maximum flexibility at the end of 2010 to set the salary rate for non-union represented employees. If the attached resolution is adopted as drafted, the City Council will need to adopt a new resolution approximately one year from now in order to establish salary rates for non-union represented employees for the period October 1, 2010 through September 30, 2011 (or 2012). The AWC Employee Benefit Trust adopted a 2010 rate increase for its member Cities and Towns. The increase is as follows: 10% increase for Regence/ Asuris; 6% Increase for Group Health; and 5.5% for Washington Dental Service. It has been determined appropriate to modify the City's medical insurance premiums for executive exempt employees to reflect this increase. Full-time employees will continue to be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost ofthe monthly premium for the subject plan, including the cost to insure dependents, if applicable. The amount of the numeric percentage shall be calculated by converting the monthly dollar amount employees are required to pay for each for the subject medical plans as of September 30, 2009, into a percentage basis. Employees shall then be responsible for paying this same percentage for each respective medical plan after September 30, 2009. Councilmember Powers MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 122-09, repealing Resolution No. 037-06 and establishing certain employee benefits for non-union represented employees classified as FLSA executive exempt. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. K. Adoption of Resolution No. 123-09, Repealing Resolution No. 019-07, and Establishing Certain Employee Benefits for Non-Union Represented Employees Classified as FSIA Not Exempt City Clerk Kirkpatrick presented the staff report, noting after the City Council adopts new collective bargaining agreements for union employees, it typically adopts a resolution updating the salary and benefits package for non-union represented employees. The salary and benefits package set forth in this resolution is the same as what the union employees are receiving under the new CBAs. However, with respect to salary, the Finance Committee has recommended that this resolution only address the first year of three years so that the Minutes of December 22, 2009 Page 8 of 10 City Council has maximum flexibility at the end of 2010 to set the salary rate for non-union represented employees. If the attached resolution is adopted as drafted, the City Council will need to adopt a new resolution approximately one year from now in order to establish salary rates for non-union represented employees for the period October 1, 2010 through September 30, 2011 (or 2012). The A WC Employee Benefit Trust adopted a 2010 rate increase for its member Cities and Towns. The increase is as follows: 10% increase for Regence/ Asuris; 6% Increase for Group Health; and 5.5% for Washington Dental Service. It has been determined appropriate to modify the City's medical insurance premiums for non- exempt employees to reflect this increase. Full-time employees will continue to be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost of the monthly premium for the subject plan, including the cost to insure dependents, if applicable. The amount of the numeric percentage shall be calculated by converting the monthly dollar amount employees are required to pay for each for the subject medical plans as of September 30, 2009, into a percentage basis. Employees shall then be responsible for paying this same percentage for each respective medical plan after September 30, 2009. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 123-09, repealing Resolution No. 019-07 and establishing certain employee benefits for non-union represented employees classified as FLSA not exempt. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. L. Adoption of Resolution No. 130-09, Ratifying Mayor's Signature for the Local Agency Agreement Supplement and Project Prospectus for Bay Street Seawall Project Public Works Director Dorsey presented the staff report, noting in February of 2002, the City entered into a Local Agency Agreement with the Washington State Department of Transportation for the Bay Street Seawall Project with design money. The project includes construction of a jersey style guardrail with anchors for the guardrail being placed under the roadway. Since the beginning of the project, funding has been secured for the design and construction of the project. With the addition of the funding from the Port Orchard Boulevard Project, the project prospectus needs to be updated to reflect all funding and the update to the project description. The Local Agency Agreement Supplement adds the remainder of the funding needed to complete the design and to fund the construction. Minutes of December 22, 2009 Page 9 of10 Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 130-09, ratifying the Mayor's signature for the Local Agency Federal Aid Project Prospectus and the Local Agency Agreement Supplement. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Discussion: December 14, 2009, Letter from the Museum Mr. Judd Turner President of the Sidney Museum and Art Association, requested the Council take formal action to remove the Museum and Art Gallery from any plans for a new parking garage. After a brief discussion, the matter was referred to the January 19, 2009, work study session. Discussion: Council Retreat Date Councilmember Chang questioned the January 30, 2010 date as the full Council would not be present. Staff was directed to add this item to the January 19, 2009, Work Study Session agenda. 8. CITIZENS COMMENTS Charlie Bermant thanked the Council for an interesting year for the Port Orchard Independent. 9. COMMITTEE REPORTS Councilmember Putaansuu announced the City will do their annual "Good Neighbor Award" tour of local neighborhoods on Wednesday, December 23, 2009, at 4:00 p.m. at City Hall. The public was welcomed to attend and to RSVP with the City Clerk's office. Councilmember Powers announced the Public Property Committee meeting would be held on January 14, 2010, at 3:00 p.m. at City Hall. 10. MAYOR'S REPORT Mayor Copp_ola reported on the following: • Visited the mud slide on Mitchell Ave; • Met with the new owner of Dockside regarding changes for a covered anchored boat shed; • Attended the Holiday Fire Commissioners and Chief brunch; • Had lunch with the Employee of the Quarter, Debra Walker; • Attended interviews for the Kitsap County Consolidated Housing Authority Director's Position; and Minutes of December 22, 2009 Page 10 of 10 • Met with Thomas Mosbee, South Kitsap High School, regarding the school growing flowers for the downtown baskets and having students help film the Council meetings. 11. REPORT OF DEPARTMENT HEADS City Clerk Kirkpatrick announced the Pre-Legislative Reception will be held on January 5, 2010, at 5:30 p.m. at the Port Orchard Pavilion. Public Works Director Dorsey invited the Mayor and Council to the annual Public Works Shop holiday potluck being held on Wednesday, December 23, 2009, from 11:30 a.m. to 2 :00 p.m. 12. ADJOURNMENT At 8:41 p.m. Mayor Coppola adjourned the meeting. (]p~~clk atncia . r patnc , , 1ty er '''"""'"'''i ,,r'voRT 0/1"''" ~"'<:::,' ••••• •• "~ ,I! .f, .:,.. .. ,o,,~~· ~" ~"'. ~ .,,: • :7!; .... ,~ -~ ~()·.c:,\ zc.:ie'll!E" • :. = ·-sEAL · = : : : = I •CP. 'R·~ \cP·.~~ s·~ ~ . . ' ~a~• .. ~E1' ~-·~ ,,,,._l:'fl.F• • • • •i• ~ ~,, ... ,,,, w ~ '~~''" ,,,,,,ilnu '' ,./-r··/'/ ,' , . . •' ,/ ,/ /