02/24/2009 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of February 24, 2009
7:00 P.M. CALL TO ORDER AND ROLL CALL
PRESENT: Lary Coppola, Mayor
Councilmembers: Mayor Pro-Tern Powers, Clauson, Chang, Childs, Colebank,
Olin, and Putaansuu
ALSO PRESENT: Police Chief Townsend, City Treasurer Tompkins, Public Works
Director Dorsey, Court Administrator Hunt, City Clerk Kirkpatrick, Deputy Clerk
Rinearson, and City Attorney Jacoby.
PLEDGE OF ALLEGIANCE
Gerry Harmon led the audience and Council in the Pledge of Allegiance.
CITIZEN COMMENT
There were no citizen comments.
APPROVAL OF AGENDA
City Attorney Jacoby requested an Executive Session be held after presentations regarding
Decker vs. City of Port Orchard, and to add Business Item 7F Decker vs. City of Port
Orchard.
Councilmen1ber Clauson moved and Councihnen1ber Powers seconded the
n1otion approving the Agenda as a1nended. Upon vote, the niotion passed
unanimously.
APPROVALOFCONSENTAGENDA
Councilmember Childs moved and Councilmember Clauson seconded the
n1otion approving the Consent Agenda. Upon vote, the niotion passed
unanimously.
A. Approval of Claim Warrants#5 l 25 l through #51303 in the amount of $46,089.60.
B. Approval of the February 10, 2009, Council Meeting Minutes
C. Setting Meeting for Work Study Session to March 17, 2009, at 7:00 p.m. at City Hall
D. Approval of Public Event Application: Cub Scout Day Camp
E. Approval of Public Event Application: Sidney Glen Dolphin Dash 5K
F. Adoption of Resolution No. 014-09, Authorizing the Mayor to Sign Contract with
Economic Development Services
G. Adoption of Resolution No. 015-09, Ratification by Council for Mayor to Sign
Professional Services Contract with Teresa D. Johnson CPA, for Specialized
Accounting
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PRESENTATION
Proclamation: National Brain Injury Awareness Month
Councilmember Putaansuu read the Proclamation and Mayor Coppola presented the
Proclamation to Susan Griffith. Ms. Griffin thanked the Council for their support of this
important event.
Proclamation: Veterans Home Celebrates 99 Years of "Serving Those Who
Served"
Councilmember Colebank read the Proclamation and Mayor Coppola presented the
Proclamation to Tami Reuter. Ms. Reuter thanked the Council and the community for the
99 years served and wished for another 99 years; and invited everyone to the centennial
celebration on February 22, 2010, at 1:30 p.m.
Proclamation: IGtsap Spay Day
Councilmember Chang read the Proclamation and Mayor Coppola presented the
Proclamation to Linda Denise. Ms. Denise thanked the Council for their supp01t.
Tara Trezona, founder of Kitsap Spay & Neuter Council, thanked the Council and expressed
her enthusiasm for what we can do for animals.
Councilmember Clauson noted the City has taken an active role in spay and neutering
animals through Resolution No. 1750, which states any dog/cat that is licensed will be free
for the lifetime of the pet if spayed or neutered. The licensed cost is $75 for non spayed or
neutered cats/dogs.
EXECUTIVE SESSION
At ?:16 p.m. Mayor Coppola recessed the meeting for a twenty-minute executive session
regarding Decker vs. City of Port Orchard, in accordance with RCW 42.30.110(1)(A). City
Attorney Gregory Jacoby and Attorney Carol Morris were invited to attend. The Mayor
announced that action would be taken as a result of the executive session under Business
Items.
PUBLIC HEARINGS
Public Hearing: Ordinance No. 003-09, Regarding Street Vacation of Sidney
Road -Mist Ventures
City Clerk Kirkpatrick presented the staff report, noting Fred Depee, representing the
applicant Mist Ventures, submitted a Street Vacation application to vacate a portion of City
right-of-way located in the 4300 Block of Sidney Road SW. A certified check in the amount
of $92,000 for the full appraised value was received. The Public Property Committee
reviewed the application and recommended a Public Hearing be set for this matter.
Mayor Coppola opened the Public Hearing, and upon there being no testimony, closed the
Public Hearing at T37 p.m.
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Public Hearing: Resolution No. 016-09, Regarding Surplus of Water/Sewer
Equipment
City Treasurer Tompkins presented the staff report, noting per RCW 35.94.040 a Public
Hearing is required prior to disposal of equipment owned by Public Utility. The 1984 GMC
Truck and Snow Plow attachment no longer serves a purpose for the City and staff request
it be declared surplus so it may be disposed of in the best interest of the City.
Mayor Coppola opened the Public Hearing, and upon there being no testimony, closed the
Public Hearing at 7:38 p.m.
NEW BUSINESS
Adoption of Ordinance No. 003-09, Approving Street Vacation of Sidney Road
-Mist Ventures
City Clerk Kirkpatrick presented the staff report, noting earlier in the meeting the Council
held a Public Hearing to consider a request by Fred Depee, Mist Ventures, to vacate a
portion of City right-of-way located in the 4300 Block of Sidney Road SW. Staff
recommends adoption of Ordinance No. 003-09, regarding street vacation of the 4300
Block of Sidney Road SW.
Councilmember Clauson moved and Counciln1ember Colebank seconded the
motion to adopt Ordinance No. 003-09, approving the Petition to Vacate a
portion of City right-of-way located in the 4300 Block of Sidney Road SW, as
submitted by Fred Depee, with the compensation of $92,000 received for the
Street Vacation to be distributed with a 50/50 split between the Street Fund
and the Designated Unreserved Fund Balance for Parks. Upon vote, the
n1otion passed unanin1ously.
Adoption of Ordinance No. 005-09, Amending Storn1 Drainage Charges for
Multi-Family/Commercial Properties
City Treasurer Tompkins presented the staff report, noting on November 25, 2008, the
Council adopted billing rates for the City's storm drainage utility to be effective Januaiy 1,
2009. There are some customers that are ,.villing to calculate the actual impervious ground
cover of their property and provide the data to the City for verification so it may be used
from the start of the storm drainage billing instead of waiting until after the first 12 months.
In amending the Municipal Code from "after" the first 12 months to ''vvithin" 12 months, all
multifamily and commercial accounts are given the opportunity, if they choose, to provide
actual impervious ground cover data to be used in calculating their storm drainage bill prior
to the City having the time to conduct actual inventories. Staff recommends adoption of
Ordinance No. 005-09 amending Port Orchard Municipal Code Chapter 13.06 "Storm
Drainage Utility" regarding charges for multifamily and commercial prope1ties.
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Councilmember Putaansuu moved and Councilmember Colebank seconded
the motion to adopt Ordinance No. 005-09 amending Port Orchard Municipal
Code Chapter 13.06 "Storm Drainage Utility" regarding charges for
multifamily and commercial properties. Upon vote, the niotion passed
unanimously.
Adoption of Resolution No. 011-09, Authorizing the Mayor to Sign Lease
Agreement with Kelley Imaging Systems for City Hall Copiers
City Clerk Kirkpatrick presented the staff repo1t, noting the copiers for the
Administrative/Finance Departments and the Police Department are up for renewal at the end
of March. The Administration/Finance Departments copier is a large multifunctional copier
that is utilized by all City departments. The copier in the Police Department is a smaller version
and is used for smaller projects within that Department. In addition, Public Works/Planning
Departments are requesting their copier be upgraded as well. Staff respectfully requests that the
Council authorize the Mayor to sign a lease agreement, including annual maintenance, with
Kelley Imaging Systems for a Toshiba e-Studio 3530 Digital Color copier for the Public
Works/Planning Departments; a Toshiba e-Studio 5520C Digital Color copier for the
Administrative/Finance Departments; and a Toshiba e-Studio 2830C Digital Color copier for
the Police Department.
Councilmember Childs moved and Councilmember Colebank seconded the
n1otion to adopt Resolution No. 011-09, authorizing the Mayor to Sign a lease
agreement, including annual maintenance, with Kelley Imaging Systems for a
Toshiba e-Studio 3530 Digital Color copier for the Public Works/Planning
Departments for 60-n1onths at $510.33 per 1nonth; a Toshiba e-Studio 5520C
Digital Color copier for the Admin/Finance Departments for 39-n1onths at
$725 per n1onth; and a Toshiba e-Studio 2830C Digital Color copier for the
Police Departinent for 39-1nonths at $413 per month. Upon vote, the niotion
passed unaninwusly.
Adoption of Resolution No. 016-09, Regarding Surplus of City Equipment
City Treasurer Tompkins presented the staff report, noting the equipment listed no longer
serves a purpose for the City and as such it is requested that Council declare it surplus to be
disposed of in the best interest of the City.
Councilmember Chang moved and Councilmember Olin seconded the motion
to approve Resolution No. 016-09, declaring certain City equipment as surplus
and authorizing staff to dispose of said equipment in the best interest of the
City. Upon vote, the 1notion passed unaniniously.
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In response to Councilmember Clauson, City Treasurer Tompkins explained that the, IT
Manager has the capabilities to ensure the computers' hard drives are cleaned before
disposal.
City Attorney Jacoby explained that it is a conflict of interest for any Councilmember to
purchase the surplus equipment.
Adoption of Resolution No. 017-09, Authorizing the City Clerk to Sign
Agreement Renting Property Located at 213 Prospect Street, Unit 201
City Clerk Kirkpatrick presented the staff report, noting the City owns rental property
located at 213 Prospect Street and 215 Prospect Street, both of which are duplexes. The unit
located at 213 Prospect Street, Unit 201 has been vacant since October 1, 2008. The City
Clerk has been working with a potential renter at a lease amount of $650 per month.
References and background checks have been completed and staff recommends approving
the rental of the unit.
Councilmember Clauson moved and Councilmember Colebank seconded the
motion to adopt Resolution No. 017-09, authorizing the City Clerk to enter into
a monthly rental agreement with Joli Lund for the unit located at 213 Prospect
Street, Unit 201, in the amount of $650 per month, including a deposit in the
amount of $650. Upon vote, the motion passed unanimously.
Approval of Settlement for Decke1• vs. Citu of Pol't 01'chal'd
Councilmember Olin moved and Councilmember Colebank seconded the
motion to authorize the Mayor to execute the settlement agree111ent with Kevin
Decker upon Mr. Decker's execution of the agreement. Upon vote, the nwtion
passed unanimously.
CITIZENS COMMENTS
Cindy Lucarelli, 926 Kitsap Street, Executive Director of the Cedar Cove Association,
provided an update on Cedar Cove Days, noting the message was getting out and they have
sold out of the bus tours and teas. The Association is partnering with more and more
organizations to help bring the event to the community, with people coming even as far
away as Germany.
COMMITIEE REPORTS
Councilmember Clauson noted the City Treasurer has received the sales tax figures from
collections in December 2008 and compared those figures to the current projected
budgeted dollars. The City is approximately $30,000 short in February and $9,000 short
year to date of what was budgeted.
Council member Powers asked staff to purchase the "Big Toy" utilizing funds from the street
vacation sale.
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Councilmember Olin 1noved and Councilmember Clauson seconded the
1notion to order the "Big Toy" that was selected by the Public Works Crew and
the M.O.M.S., February 25, 2009. Upon vote, the motion passed unanin1ously.
Councilmember Putaansuu announced the Sewer Advisory Committee is recommending
renaming the Joint Waste Water Treatment Facility to South Kitsap Water Reclamation
Facility.
Councilmember Chang announced the City Hall has free Wi-Fi access on the main floor,
which is available to the public.
MAYOR'S REPORT
Mayor Coppola traveled to Olympia during the previous week regarding ferry issues and
reported the legislature may be approving a modified version of Plan A. He noted that
Kitsap County Consolidated Housing Authority is negotiating with Bank of America on a
settlem ent to restructure the amount of debt that is owned.
REPORT OF DEPARTMENT HEADS
City Clerk Kirkpatrick announced the posting of the City Council meetings by video is n ow
avail able on the City's website.
City Attorney Jacoby announced the Council would be meeting to discuss labor n egations,
which is not open to the public, following the adjournment of the regular meeting.
Public Works Director Dorsey noted the City will not receive any disaster relief funds from
the State for the snow storm damage caused in December 2008.
ADJOURNMENT
At 8:03 p.m. Mayor Coppola adjourned the meeting.
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Patricia J. Kir <patrick, City Clerk