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09/08/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of Septe1nber 8, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro-Tem Carolyn Powers, Fred Chang, Jim Colebank, John Clauson, Rob Putaansuu, and Fred Olin were present and constituted a quorum. Councilmember Childs was excused. Public Works Director Mark Dorsey, Police Chief Townsend, Deputy Clerk Brandy Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Ron Rice led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Bob Alch voiced concern with the continued discussions regarding the possible disposition of the Sydney Museum in that it could be torn down for a parking garage, noting that the Sydney Museum and Art Gallery is a historic site and has entertained artists from all around the world. He urged the Council to not destroy the Museum building and its rich history in exchange for a parking garage. Councilmember Clauson explained that City Hall houses many historical pictures that came from the Museum and Kitsap Transit and that no one has cliscussecl tearing down the existing Museum building. Mayor Coppola clarified that on numerous occasions City staff has let the Museum know that the City has no intention of tearing clown or moving their building. Cindy Lucarelli thanked the Council for its support of Cedar Cove Days. The event was a success representing 42 states and 7 foreign countries with an estimated attendance of 10,000 to 12,000 tourists. Judd Turner stated that the Sidney Museum understands that the City has no intention to tear down the building; however, they had voiced concern with the City's website that shows the conceptual drawing of the parking garage and library located in the Museum's location. Gerry Harmon voiced concern with Waste Management's recycling services and would ask the City be aware of the items that can be recycled during the renegotiation of the contract and would like to see residents have more recycling opportunities for various materials like food waste and more plastic options. Councilmembcr Clauson explained that the contract has a provision that if something is negotiated with surrounding areas it is automatically offered to the City of Port Orchard. Mayor Coppola stated he would look into the matter more thoroughly and would respond to her regarding this matter. Minutes of September 8, 2009 Page 2 of 5 3. APPROVAL OF AGENDA The following item was moved from Consent to Business Items: • Approval of the August 18, 2009, Work Study Session Meeting Minutes The following items were added to Business Items: • Excuse Councilmember Childs • Proclamation: International Fetal Alcohol Spectrum Disorders Awareness Day Councilmembcr Putaansuu MOVED and Councilme1nbcr Colebank seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. Councilmember Childs was absent. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants #52225 through #52314 in the amount of $276,731.37; Augusts' Payroll Warrants #142538 through #142600 in the amount of $457,396.10; and Treasurer's check book in the amount of $1,451,277.56. B. Approval of the August 18, 2009, Work Study Session Meeting Minutes C. Approval of the August 25, 2009, Council Meeting Minutes Councilmember Chang MOVED and Councilmember Putaansuu seconded the n1otion approving the Consent Agenda as amended. Upon vote, the motion passed with six affirmative votes and one abstention. Councilmember Clauson abstained. Councilmembe,· Childs was absent. 5. PRESENTATION A. Proclamation: International Fetal Alcohol Spectrum Disorders Awareness Day. Mayor Coppola presented the proclamation to Christine, who thanked the Council for their continued support. Christine noted the first annual breakfast will be held on September 9, 2009, at 9:09 a.m. at Olympic College in Bremerton and thanked the Council for its continued support. 6. PUBLIC HEARING There were no public hearings. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to excuse Councilmcmber Childs from the September 8, 2009, Council meeting. Upon vote, the motion passed unanimously. Councilmen1ber Childs was absent. 7. BUSINESS ITEMS Minutes of September 8, 2009 Page 3 of 5 A. Adoption of Ordinance No. 017-09, Amending Port Orchard Municipal Code Chapter 5.96. Deputy Clerk Rinearson presented the staff report, noting that at the August 18, 2009, Work Study Session, the Council provided direction to staff regarding temporary vendors licensing, specifically to the definition of public property. The City Clerk requests that additional language within this section be updated as follows: • Redefine Section 5.96.010(5) Public property is defined as: any sidewalk that immediately abuts a street, alley or roadway where the general public has unrestricted access. • Remove Section 5.96.04o(j) No public property vending license will be issued for a vending site within 25feet of any municipal building, monument, orfountain. • Amend Section 5.96.050 License revocation to allow for the City Clerk to determine revocation of a vendor's license for specific reasons as outlined within the ordinance; and for notice and appeal procedures to be the same as other areas of the Municipal Code. Staff recommends that the Council adopt Ordinance No. 017-09, amending Port Orchard Municipal Code Chapter 5.96 Temporary Vendors Sections 5.96.010 Definitions; 5.96.040 Vendor License Requirements, Duration, Fees, and Renewal; and 5.96.050 License Revocation. Councilmcmbcr Colebank MOVED and Councilmcmbcr Clauson seconded the 1notion to adopt Ordinance No. 017-09, amending Port Orchard Municipal Code Chapter 5.96 Temporary Vendors Sections 5.96.010 Definitions; 5.96.040 Vendor License Requirements, Duration, Fees, and Renewal; and 5.96.050 License Revocation. Upon vote, the motion passed unanimously. Councilmember Childs was absent. B. Adoption of Resolution No. 088-09, Supporting West Sound Utility District's Budget Alnendment for Use of 2009 Non-Budgeted Revenue from Leachate TrcatJncnt. Public Works Director Mark Dorsey presented the staff report, noting that during the August 19, 2009, Sewer Advisory Committee (SAC) Meeting, the topic of continued non-budgeted revenue from the Waste Management Leachate Treatment contract was discussed. The South Kitsap Water Reclamation Facility (SKWRF) has received approximately $57,000 from the 2009 Leachate Treatment Program and may receive another $100,000 in 2010. However, it is expected that the Leachate Treatment Program at SKWRF v.~11 stop in 2010 when the City of Bremerton connects Gorst to their sanitary sewer system. The non-budgeted leachate treatment revenue was being saved to help fund the future force main from SKIA to McCormick Woods. The WSUD General Manager asked the SAC that this money be re-directed to fund immediate needs of the facility. Commissioner Screws moved to recommend to the City and WSUD that the non- budgeted leachate revenue be used for re-rating the facility's capacity and for maintenance repairs in 2009. The motion was seconded by Commissioner Olin and passed unanimously. Staff recommends adoption of Resolution No. 088-09, thereby providing City Council support for a WSUD Budget Amendment for use of the 2009 non-budgeted revenue generated from the Waste Management Leachate Treatment Program. Minutes of September 8, 2009 Page 4 of 5 Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 088-09, thereby providing City Council support for a West Sound Utility District Budget Amendment for use of the 2009 non-budgeted revenue generated from the Waste Management Leachate Treatment Program. Upon vote, the motion passed unanimously. Councilmembe1' Childs was absent. C. Adoption of Resolution No. 089-09, Authorizing the Mayor to Execute Grant Agreement with U.S. Department of Justice: Byrne Memorial Justice Assistance Grant for Community Policing, Officer Safety and Training, and Technology. Police Chief Alan Townsend presented the staff report, noting that the Police Department has been awarded a grant from the Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Grant for $11,534 to be used for the purchase of equipment to enhance the department's community policing program, officer safety and training and technology. See the attached list of specific items the grant will fund. Staff recommends approval of the grant. The grant will off-set costs for equipment we had budgeted for and others, that due to the economic conditions we could not fund but still needed. Councilme1nber Powers MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 089-09, authorizing the City to accept the Department of Justice, Bureau of Justice Assistance Byrne Memorial Grant in the amount of $11,534. Upon vote, the motion passed unanimously. Councilmembe1' Childs was absent. D. Approval of the August 18, 2009, Work Study Session Meeting Minutes. Councilmember Chang noted the minutes didn't reflect the correct direction from the Council regarding its discussion of the Chain Parking Enforcement and asked that the Work Study Session minutes be corrected in Section 9 and add the following language, "after a brief discussion, Council determined that it was in the best interest to change parking on Bay Street as it currently exists, deferring to the Police Chief to work out the details." Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to amend the August 18, 2009, Work Study Session meeting minutes Section 9, to state "After a brief discussion, Council determined that it was in the best interest to change parking on Bay Street as it currently exists, deferring to the Police Chief to work out the details". Upon vote, the motion passed unanimously. Councilmembe1' Childs was absent. 8. CITIZENS COMMENTS There were no Citizen Comments. 9. COMMITTEE REPORTS Minutes of September 8, 2009 Page 5 of 5 In response to Councilmember Powers, Cindy Lucarelli announced that Kathy Silverman won the Cedar Cove Days quilt that was raffled off by the Sydney Museum and Art Gallery. 10. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Met with the Employee of the Quarter for lunch; • Met with the owners of Bayview Plaza regarding help getting the building leased out; • Met with a developer interested in public/private partnership in the parking garage; • Attended the Kitsap Consolidated Housing Authority Retreat regarding mission statement, selected to be part of a committee for Public Outreach and the Committee for interviewing for the Executive Director position; • Met with Stacy Dore with the Boys and Girls Club regarding getting a local Boys and Girls Club Board organized in the Son th Kitsap area and noted Chief Townsend will be the Chair; • Attended the retirement pizza party for Treasurer Tompkins, which was sponsored by the City's law firm McGavick & Graves; • Attended Cedar Cove Days; and • Met with a gentleman who was interested in bringing the former ferry vessel Ka/aka/a to the City of Port Orchard and converting it into a casino or floating restaurant, which would draw in tourism. 11. REPORT OF DEPARTMENT HEADS City Attorney Jacoby advised the Council would meet for a report on labor negotiations following the adjournment of the regular meeting. 12. ADJOURNMENT At 7:42 p.m. Mayor Coppola adjourned the meeting.