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08/10/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 10, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Susan Whitford led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Olin seconded the motion to approve the Agenda. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to amend the Agenda to move Approval of the July 27, 2010, Council meeting minutes to Business Item; to add Presentation: 2010 Census Proud Partner; to remove Business Item 7C Public Event Application: Point Hope Barbeque; and a ten-minute Executive Session regarding Labor Relations. Upon vote, the motion to amend passed unanimously. Upon vote, the main motion as amended passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53996 through 54081 in the amount of $332,736.39; July's Payroll Warrant Nos. 143223 through 143279 in the amount of $481,400.19; and Treasurer's check book in the amount of $1,722,690.93. B. Approval of the July 20, 2010, Work Study Session Minutes C. fqJpFOval of the JHly 27, 2010, CoHneil Meeting MinHtes D. Approval of Contract No. 053-10, Authorizing the Mayor to Execute an Agreement for the School Resource Officer Program with South Kitsap School District E. Approval of Public Event Application: Murder Mystery Event Minutes of August 10, 2010 Page 2 of? 5· PRESENTATION A. Proclamation: Women's Equality Day Mayor Coppola read the Proclamation into the record and presented to Ms. Ann Davis who thanked the Council for their continued support. B. Kitsap Continuum of Care Coalition Terri Schroder provided a presentation regarding tent villages/cities within Kitsap County for the homeless population, noting the following: • Department of Social and Health Service statistics indicate that the number of homeless has increased dramatically of the years; • Continuum of Care Coalitions is a newly created network of Kitsap agencies that provide housing and services to low income and homeless persons/households; • Kitsap Community Recourse, Kitsap Health District and Kitsap County Rescue Mission are a few agencies that are a part ofthe network; • Substituted House Bill 1956 was in acted June 10, 2010, which allows religious organizations to host tent cities on their property; • Their goal is find sponsors to host two tent villages, one for adults only and one for families, prior to the 2010 winter season; • They are looking at the model created at Camp Quixote in Olympia, which has been successful; and • They are requesting Kitsap County and each City within Kitsap County to enact ordinances and determine a permitting process for sanctioned tent encampments by churches, non-profits, or property owners by August 31, 2010. C. Presentation: 2010 Census Proud Partner City Clerk Kirkpatrick presented a plaque to the Mayor and Council from the U.S. Census Bureau who thanked the City for their support of the 2010 Census. 6. PUBLIC HEARING A. First Reading and Public Hearing Regarding 2010 Sewer Rate Increase Public Works Dorsey presented the staff report, noting in response to the revenue loss associated with the so% surcharge on propetties located within the McCormick Urban Village annexation area, the City of Pott Orchard City Council adopted Ordinance No. 021- 09 on August 25, 2009, thereby amending POMC 13.04.010 to include a rate increase for Minutes of August 10, 2010 Page 3 of7 both water and sanitaty sewer service. It was discussed that the loss of the so% surcharge revenue would need to take priority over the Capital Improvement Program (CIP) sanitary sewer needs, which would be addressed in 2010. A $7.50 bimonthly rate increase was approved for sanitary sewer service, resulting in a new bimonthly rate from $72.00 to $79.50. Based upon the 2010 Proposed Sanitaty Sewer Rate Increase Study presented by the Utility Committee at both the May 18, 2010 and the June 15, 2010 Council Work Study Session(s), and Public Meetings held on July 7, 2010 at City Hall and July 15, 2010 at McCormick Woods, a sanitary sewer rate increase of $18.50 bimonthly is proposed. The components associated with the proposed rate increase include Operating Sh01tfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98.00, or $49.00 monthly. Mayor Coppola opened the Public Hearing at 7:44 p.m. Elizabeth Cantrell spoke in opposition of the sewer rate increase, stating that this is a problem that needs to be paid by the residents of McCormick Woods and not the City as a whole. Chris Stansberry spoke in favor of the sewer rate increase, noting the rate increase would have occurred regardless of whether or not McCormick Woods was annexed into the City. Kim Abel clarified that further education of on which part of the sewer lines residents are responsible for and which patt the City has a legal obligation to proved maintenance to would have answered many questions raised by citizens. There being no further testimony, Mayor Coppola closed the Public Hearing at 8:12p.m. 7· BUSINESS ITEMS A. Approval of Contract No. 001-90, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC City Attorney Jacoby presented the staff report, noting in September 2006, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it will expire on September 28, 2010. City staff, the Mayor, and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modem circuit Minutes of August 10, 2010 Page4 of? between the Public Works shop and City Hall, which will result in a savings to the City of $27,000 during the 10-year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2006 Agreement will remain in effect. Wave has requested that the patties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. After a brief discussion, Council directed the City Attorney to clarify what the "free" service would consist of; and invite a representative from Wave Broadband and the City's IT Manager, Vince Tucker, to attend the August 24th meeting to answer questions relating to future bandwidth needs. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to postpone the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Division IV to the August 24, 2010, Council meeting. Upon vote, the motion passed unanimously. B. Approval of Contract No. 054-10, Authorizing the Mayor to Execute an Agreement for the 2010 Stormwater Pond Maintenance with Northwest Tree Service Public Works Director Dorsey presented the staff report, noting, on July 27, 2010, the City of Pmt Orchard Public Works Department selected five (5) contractors from the 2010 Small Works Roster and requested proposals from each company for 2010 Stormwater Pond Maintenance. The City requested that the contractor submit their bids as Schedule 1: Eagle Crest Subdivision Ponds and Schedule 2: Eagle Crest Subdivision Ditch Restoration. On August 3, the City received the following bids including tax: Caseco Associates Northwest Tree Service RV Associates Henderson Partners Sound Excavation, Inc. Schedule 1 Schedule 2 $24,010.oo $6,55o.oo $23,255.60 $3,840.10 No Bid Received No Bid Received No Bid Received Combined Total $30,560.00 $27,095-70 Upon review by Staff, it was determined that Notthwest Tree Service was the lowest qualified bidder to complete the work for Schedule 1 and 2 for the Eagle Crest Subdivision out of the 2010 budget. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 054-10, with Northwest Minutes of August 10, 2010 Pages of7 Tree Service in an amount not to exceed $27,095.70 for the 2010 Stormwater Pond Maintenance. Upon vote, the motion passed unanimously. C. Approval of Public Event Application: Point Hope Bar beque This item was withdrawn by the applicant and removed from the agenda. D. Approval of the July 27, 2010, Council Meeting Minutes Councilmember Powers MOVED and Councilmember Olin seconded the motion to approve the July 27, 2010, Council meeting minutes. Upon vote, the motion passed with five affirmative votes and two abstaining votes. Councilmember Childs and Clauson cast the abstaining votes. E. Discussion: Whether to Collectively Support Proposition No.1, Annexation into the Kitsap Regional Library District City Attorney Jacoby presented the staff report, noting currently, the City lies outside the boundaries of the Library District and receives libraty services pursuant to a memorandum of understanding. Under the present arrangement, should the Library District's voters decide to increase the tax levy rate, the citizens of Port Orchard would have no say in whether the increase is acceptable. On April 27, 2010, the Council adopted Ordinance No. 007-10, requesting that the question of whether the City should be annexed into the Library District be placed on the August Primaty election. Fmther, he noted that RCW 42.17.130 prohibits the City Council from promoting or supp01ting a ballot proposition unless 1) the Council takes action at an open public meeting for the purpose of expressing a collective decision or adopting a resolution or motion; 2) the notice of the meeting includes the title and number of the ballot proposition; and 3) an equal opportunity is provided for those expressing an opposing view. As directed by Council at its July 27, 2010, meeting and in compliance with the requirements of RCW 42.17.130, staff has added this discussion item to the agenda and has prepared a resolution for Council's consideration. Councilmembers Childs, Colebank and Powers voiced opposition of adopting the resolution, as they noted that the citizens should make this determination on their own. Councilmembers Putaansuu, Chang, Clauson voiced support of the resolution, noting it would let citizens know that the City supported its request to place the item on the ballot. Councilmember Clauson MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 028-10, supporting Proposition No. 1, Annexation to Library District on the August 17, 2010, ballot. Upon vote, the motion passed with four affirmative votes and three dissenting votes. Councilmember Powers, Childs, and Colebank cast the dissenting votes. Minutes of August 10, 2010 Page6 of? 8. CITIZENS COMMENTS In the response to Jerry Harmon, Mayor Coppola directed staff to look into the City providing free composting bins and/or water barrels. 9. COMMITTEE REPORTS Councilmember Clauson repotted he received the I-Pad and believes it will be beneficial to the City in reducing its cost to produce Council packets. Councilmember Olin reported that the Public Property met and discussed the Water Street pier, which has been restored; the City will be choosing the lights for the Tremont Boulevard median during the August 17, 2010, Work Study Session; and that staff was making good progress with repairs at the Clayton Park as well as the removal of the chain link fence at Paul Powers Park. Councilmember Putaansuu reported the Utilities Committee will meet on September 10, 2010, at 7:30a.m. at Myhre's. Councilmember Chang reported that the County and other local jurisdictions met to discuss Lodging Tax Funding and discussed the roles of area Chambers and the VCB and what they are doing for their communities and how they can work together. Councilmember Childs reported the Economic Development-Tourism Committee meeting will met on Wednesday, August 11, 2010, at 5:30p.m. at City Hall. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the revenue sharing meeting the Kitsap County; • Met with City's collection agency for the courts regarding outstanding fines; • Spoke to summer school students on their study of our downtovm; • Attended the Finance Committee meeting; • Met with representatives ofthe government relations firm; • Met with former Planning Commissioner Annette Stewart; • Attended the Housing Authority Board meeting; • Met with Raymond Thompson, Marie Jones, and Scott Bausch regarding upcoming Keeping Kitsap Connected event; • Interviewed Dona Keating regarding facilitating the KCCHA Board retreat; • Had lunch with A1t Castel, who was the recipient of an auction ce1tificate for "Lunch with the Mayor"; • Spoke at the South Kitsap Peewee's opening ceremony; Minutes of August 10, 2010 Page 7 of7 • Met with the City Clerk and Public Works Director regard ing their annual performance evaluation; • Revi ewe d and proposed updates to the County-wide Planning Policies; a nd • Attended The Cruz eve nt. 11. REPORT OF DEPARTMENT DIRECTORS City Cl erk Kirkpatrick noted the Mopar Kackl e Fest changed their eve nt date t o August 17, 2010, as the original date was ca ncel ed due t o incl e ment weath er; and expressed t o the Council the importance of r eco rds managem ent for the City and en co urage d the Council to consider this a n important pa1t of their 2011 goals a nd obj ectives. Development Director Weave r stated the planning and building depa1tment was working to scan all building permit reco rds that dated back t o the early so's. Public Works Director Dorsey provided an update r egarding the Tremont Widening Proj ect noting that 31 of the 32 acquisitions are under negotiations and the co nstructi on review process is moving along; met with PSE regarding electric veh icl e charging stations on Fredrick Avenue; and thanked the Daycar e at 1880 Warra nt Street for working with the City in reducing the fencing, which had been diminishing th e line of s ite t o ve hicular t raffic in that area. 12. EXECUTIVE SESSION At 9:26 p.m. Mayor Coppola recessed the meeting for a t en-minute executive session regarding labor relations in accordance with RCW 42.30.110(1 ). City Attorn ey Jacoby was invited to attend and the Mayo r announced that no action would be taken as a result of the executive sessio n . At 9:36 p.m . Mayor reco nvened Council back into regular session. 13. ADJOURNMENT At 9:36p.m. Mayo r Coppol a a djourned the mee ting.