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03/27/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 27, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tem Jeny Childs and Councilmembers Fred Chang, Jim Colebank, Cindy Lucarelli, Carolyn Powers, Rob Putaansuu and John Clauson were present and constituted a quorum. Public Works Director Dorsey, Police Chief Townsend, Interim City Clerk Rinearson, City Attorney Jacoby and Administrative Assistant Dennison were also present. A. Pledge of Allegiance Police Chief Townsend led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Don Manning thanked the Council for including citizens in the discussion regarding corporations are not citizens, at the March 20, 2012, Work Study Session meeting; thanked the City Attorney for the research he provided to the Council regarding this issue; and urged the Council to adopt a Resolution suppotting corporations are not citizens. 3· APPROVAL OF AGENDA The following items were added to the Agenda under Business Items: • Grants from Federal Funding for Transportation Projects • The Excusal of Councilmember Powers at a Future Council Meeting Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4.APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants Nos. 57304 through 57360 m the amount of $63,540.10; B. Approval Public Event Applications: Fathoms 0' Fun Grand Parade Fathoms 0' Fun Summer Festival Craft/Vendor Show Fathoms 0' Fun Festival by the Bay Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no Public Hearings held. 7. BUSINESS ITEMS Minutes of March 27, 2012 Pa e 2 of7 A. Confirmation of Appointment of Ms. Brandy Rinearson to City Clerk/ Assistant to the Mayor Mayor Matthes presented the staff report noting, at the March 13, 2012, Council meeting it was directed that this item be brought to the March 20, 2012, Work Study Session for further discussion. Upon that discussion, the consensus was to place this item onto the agenda. Therefore the motion on the floor is: Councilmember Chang MOVED and Councilmember Powers seconded the motion for confirmation of appointment of Ms. Brandy Rinearson to City Clerk/Assistant to the Mayor, effective March 13, 2012. Upon vote, the motion passed unanimously. B. Approval of the March 13,2012, Council Meeting Minutes Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to approve the March 13, 2012, Council meeting minutes. Upon vote, the motion passed with six affirmative votes and one abstaining vote. Councilmember Clauson cast the abstaining vote. C. Adoption of Ordinance No. 005-12, Authorizing the Condemnation of Certain Real Property Located at 1519 Roland Avenue, Port Orchard, Washington At 7:09 p.m., Mayor Matthes and Councilmember Colebank recused themselves, declaring a conflict of interest. City Attorney Jacoby presented the staff report, noting that State law requires that before the City may initiate condemnation proceedings in Superior Court, the City Council must first adopt an ordinance that declares a public use and necessity, authorizes the proposed condemnation, and identifies the source of the funds to be used to purchase the propetty. The property in question is located at 1519 Roland Avenue, Port Orchard, Washington. Minutes of March 27, 2012 Pa e3 of? This property is currently subject to a Voluntary Possession and Use Agreement executed between the City and the property owners. The parties have not been able to reach agreement on a final value for the proposed take. The purpose of the condemnation action is to provide an impartial setting whereby a Superior Court judge can either approve a future settlement between the parties regarding value or make a ruling concerning final total just compensation based on evidence presented at an open hearing. In response to Councilmember Clauson, City Attorney Jacoby stated that he and Public Work Director Dorsey met with the Deputy Prosecutor Judge, last week, to confirm the process and steps she will take, as this case will be handled through their Court. In response to Councilmember Chang, City Attorney Jacoby stated the land the City is seeking to take is approximately 1,900 square feet; and all court proceeding relating to this matter is open to the public. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 005-12, declaring as public use and necessity the design and construction of certain roadway improvements on Tremont Street, and authorize the condemnation of land on certain real property located at 1519 Roland Avenue, Port Orchard, Washington. Upon vote, the main motion passed unanimously. Councilmember Colebank was recused. D. Adoption of Ordinance No. 006-12, Authorizing the Condemnation of Certain Real Property Located at 321 Tremont Street, Port Orchard, Washington City Attorney Jacoby provided the staff report, noting State law requires that before the City may initiate condemnation proceedings in Superior Court, the City Council must first adopt an ordinance that declares a public use and necessity, authorizes the proposed condemnation, and identifies the source of the funds. The property in question is located at 321 Tremont Street, Port Orchard, Washington. This property is currently subject to a Voluntary Possession and Use Agreement executed between the City and the property owners. The parties have not been able to reach agreement on a final value for the proposed take. The purpose of the condemnation action is to provide an impartial setting whereby a Superior Court judge can either approve a future settlement between the parties regarding value or make a ruling concerning final total just compensation based on evidence presented at an open hearing. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Ordinance No. 006-12, declaring as public use and necessity the design and construction of certain roadway improvements on Tremont Street, and authorize the condemnation of land in and through certain real property located at 321 Washington. Upon vote, the main Councilmember Colebank was recused. Tremont Street, motion passed Port Orchard, unanimously. Mayor Matthes and Councilmember Colebank returned to the meeting at 7:18p.m. E. Adoption of Ordinance No. 007-12, Amending Port Orchard Municipal Code Sections 2.22.020 and 2.22.030, Regarding the "Lodging Tax Advisory Committee" Interim City Clerk Rinearson presented the staff report, noting Councilmember Chang, Chair of the Lodging Tax Advisory Committee, has asked that sections 2.22.020 and 2.22.030 of the Port Orchard Municipal Code to be amended as follows: • Allow the increase of committee members to magnify the attendance and input of the committee; • Mirror RCW 67.28.1817, in stating that only one member shall be an elected official, rather than at least one and for the Chair to be classified as a nonvoting member; and • Allow more time to collaborate with the committee members to provide a solid recommendation to the Council for confirmation of disbursement. Councilmember Chang MOVED and Councilmember Colebank seconded the motion adopt Ordinance No. 007-12, amending Port Orchard Municipal Code sections 2.22.020 and 2.22.030, regarding the "Lodging Tax Advisory Committee". In response to Councilmember Putaansuu, City Attorney Jacoby stated the RCW is silent as to weather a Councilmember can or cannot be a voting member; it would be a policy decision set by this Council to determine if the Chair is a voting member. Councilmember Putaansuu MOVED and Powers seconded the motion to amend Ordinance No. 007-12, by striking the phrase 'as a nonvoting member' from section 2.22.020. Upon vote, the motion passed unanimously. Upon vote, the main motion passed unanimously, as amended. In response to Councilmember Childs, City Attorney Jacoby stated that the Mayor, as the Administrative Official, is delegated the task of collecting names for the Council to consider and appoint. It is the Council who confirms the recommendation of the Mayor's appointment of persons to a the Advisory Committees. After a brief discussion, the Council decided to continue the conversation regarding appointments to Committee's to the May 16, 2012, Work Study Session. F. Approval of Contract No. 030, 12, Authorizing the Mayor to Execute a Joint Agreement between the City of Port Orchard, the City of Bremerton, and the Port of Bremerton with Kitsap Harbor Tours, Inc. for Sunday and Holiday Foot Ferry Service Interim City Clerk Rinearson presented the staff report, noting that during the 2012 Budget cycle, the Council approved use of Hotel/Motel Tax Funds to be used towards extended hours of operation for foot ferry service during the Summer Sundays and Holiday Events in an amount of $4,000. At the direction of the Economic Development Tourism Committee meeting, held on February 15, 2012, the negotiates for a partnership and subsequent agreement with the City of Bremerton and the Port of Bremerton to equally split the costs of operating the foot ferry during each summer Sunday (May 27, 2012 to September 2, 2012) and two Holiday Events (July 4, 2012 and September 3, 2012) have been finalized. Kitsap Harbor Tours, the City of Bremerton, and the Port of Bremerton all have agreed to the same terms and conditions, as last year, which are set forth in the agreement presented; including the same hourly rate of $146.25 per event day. In addition, Kitsap Harbor Tours will charge the normal fare of $2 each way for children over the age of five (5) and adults and will reduce the amount due by the amount collected. At 7:38 p.m. Councilmember Clauson recused himself, declaring a conflict of interest. Councilmember Lucarelli MOVED and Councilmember Colebank seconded the motion to approve Contract No. 030-12, authorizing the Mayor to execute a joint agreement between the City of Port Orchard, the City of Bremerton, and the Port of Bremerton with Kitsap Harbor Tours, Inc. for Sunday and Holiday Foot Ferry Service in an amount not to exceed $4,000. Upon vote, the main motion passed unanimously. Councilmember Clauson was recused. Staff was directed to coordinate with the Economic Develop Committee to determine if other entities are interested in extending foot ferry service during the summer on Friday and Saturday nights. Councilmember Clauson returned to the meeting at 7:44p.m. G. Approval of Public Works Director Submitting Applications to Obtain Grants from Federal Funding for Transportation Projects Public Works Director Dorsey stated that Federal Funding through the Federal Highway Administration is available for a required 13.5% funding match; and asking the Council to support him in submitting the applications, as the Federal grant monies could be used for Minutes of March 27, 2012 Pa e 6 of7 City transportation projects such as the Cedar Heights Junior High School Sidewalks; Bay Street Acquisition / Pedestrian Pathway; and for the Tremont Widening projects. Councilmember Powers MOVED and Councilmember Childs seconded the motion to support the ongoing efforts by Public Works staff to complete various transportation projects within the City and move to commit to providing the required 13.5% grant match for any project that federal funding is successfully acquired. Upon vote, the main motion passed unanimously. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to excuse Councilmember Powers from the April1o, 2012, Council meeting. Upon vote, the motion passed unanimously. 8. COMMI'ITEE REPORTS Councilmember Clauson reported the Finance Committee was provided a breakdown of the sales tax receipts, reflecting the revenue coming in at less than what was projected. Councilmember Putaansuu reported that he received his fluoridation survey in his utility bill and urged the residents to fill out the surveys and return them to the City. Councilmember Powers reported the next Public Property Committee meeting will be held on Tuesday, April3, 2012, at 8:00a.m. at Moondogs. Councilmember Chang reported the Lodging Tax Advisory Committee has a surplus, or carryover, from last year in an amount of $16,ooo; the Saints Car club missed the deadline of receiving funding, but they would like to be considered for funding to advertise their event The Cruz; and the Port Orchard Chamber of Commerce has asked to seek additional funding for reprinting of marketing brochures and suggested this topic be added to the April Work Study Session agenda. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • Attended the Kitsap Regional Coordinating Council meeting; • Attended the 20th year celebration of the Kitsap Computing Seniors where he learned that over so members live in City limits. They take donations of computers and equipment and recondition them, and give them to people who need them. They have been in existence for 20 years and have more than 300 members; • Attended the Port Orchard Bay Street Association where he learned the new president has a plan for helping downtown Bay Street. Mayor Matthes would like anyone who is interested in relocating their business, to come talk to the City of Port Orchard and talk to the directors; and Minutes of March 27, 2012 Pa e of7 • Attended the Fathoms 0' Fun Royalty Pageant and they will be introduced to the Council at the April10, 2012, Council meeting. 10. REPORT OF DEPARTMENT DIRECTORS City Attorney Jacoby repmted on the liquor initiative which was being challenged in co urt. A judge in Cowlitz County ruled that the initiative was unconstitutional, and a motion was made to reconsider that ruling. Last week the judge issued a decision reversing himself, ruling that the initiative was constitutional. The state is proceeding as if the initiative wi ll be implemented on June 1, 2012. There is a r eserve of t en million dollars which gets distributed out to the City's over a period of years to replace funds that the State previously collected. In addition, Mr. Jacoby stated the Council will adjourn into a separate meeting to discuss union negotiations; and reminded the Council that any discussion reg arding union negotiations is exempt from the Open Meetings Act . Interim City Clerk Rinearson reported that the City's Lobbyi st will be in attendance at the April17, 2012, Work Study session to give an update on legislation. 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION At 8:14 p.m. Mayor Matthes recessed the meeting for a 16-minute . Exe cutive Sess ion regarding potential litigation in accordance with RCW 42.30.110 (1). The City Attorney was invited to attend and the Mayor announced that no action would be taken as a res ult of the Executive Session. At 8 :30 p.m. Mayor Matthes reconvened the Council back into regular session. 13. ADJOURNMENT or Matthes adjourned the meeting. Brandy Rinearson, CMC, Interim City Clerk ~-~d)?/~ Timothy C. Matthes, Mayo r