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07/24/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of July 24, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, Carolyn Powers, Jim Colebank, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Public Works Director Dorsey, Development Director Weaver, Office Assistant Dennison, and City Attorney Jacoby were also present. Absent: Councilmembers John Clauson and Rob Putaansuu. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Fred Olin thanked Mayor Matthes and Councilmembers Fred Chang and Jim Colebank for their help and assistance with the Clayton Park barbeque; thanked the youth group for their hard work setting up and taking down for the barbeque; and thanked Fred Meyer, Safeway, Albertsons, Costco in Gig Harbor, both Rotary Clubs and Darryl at Moondogs, Too for their donations to the barbeque. Mayor Matthes thanked Fred Olin, stating the Clayton Park barbeque would not have happened without his dedication in making this another memorable event for the former U.S.S. Lewis and Clark sailors. 3· APPROVAL OF AGENDA The following item was removed from the Agenda under Presentation: • 2011 Outstanding Wastewater Treatment Plant Award The following item was added to the Agenda under Presentation: • Deborah Howard, Human Resources Coordinator Councilmember Powers MOVED and Councilmember Childs seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 57932 through 57989 in the amount of $456,540.58 B. Approval ofthe July 10, 2012, Council Meeting Minutes C. Approval of Public Event Application: Taste of Port Orchard D. Approval of Changes to the Personnel Policies Minutes of July 24, 2012 Pa e 2 ofl2 Councilmember Chang MOVED and Councilmember Colebank seconded the motion to excuse Councilmembers John Clauson and Rob Putaansuu from the July 24, 2012, Council Meeting. Upon vote, the motion passed unanimously. Councilmember Colebank MOVED and Councilmember Chang seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 5· PRESENTATION A. Deb Howard, Human Resources Coordinator Mayor Matthes stated Deborah Howard, Human Resources Coordinator, won a recruitment ad package on behalf of the City, in the amount of $1,149; and thanked her for her efforts in receiving this award and the 'Well City Award' for the past 2 years. Mayor Matthes also presented Deborah Howard with the 'Bringing Home the Bacon' award. 6. PUBLIC HEARING A. Adoption of Ordinance No. 011-12, Relating to Medical Marijuana and Business License Regulations City Attorney Jacoby presented the staff report, noting that on February 22, 2011, the City Council adopted Ordinance No. 002-11, imposing a six month moratorium on accepting or processing applications, permits, or licenses for any building or land use activity relating to medical marijuana dispensaries. On August 23, 2011, the City Council imposed a six month moratorium on medical marijuana collective gardens and extended the moratorium on dispensaries. On February 14, 2012, the City Council adopted Ordinance Nos.003-12 and 004-12, extending the medical marijuana moratoria for an additional six months. The moratoria will expire on August 12, 2012. During the moratoria, City Staff, the Port Orchard Planning Commission and the City Attorney evaluated numerous alternatives for the permitting and regulation of medical marijuana dispensaries and collective gardens within the City of Port Orchard. After much research, discussion, debate, public meetings, and deliberation regarding the federal regulation of marijuana in relation to the state mandate, the Planning Commission recommended that the City Council terminate the moratoria. The Planning Commission further recommended that no further land use action should be taken by the City Council relating to the regulation of medical marijuana in recognition of the superior regulatory authority of the federal government regarding the distribution, cultivation, and possession of marijuana. The purpose of this Public Hearing is to receive testimony from the public regarding the seven alternatives relating to medical marijuana, the Planning Commission's recommendation, and the proposed adoption of Ordinance No. 011-12, relating to the medical marijuana and business license regulations. City Attorney Jacoby reminded the Council about the eight alternatives presented by the Planning Commission: • Alternative One: Outright Prohibition of Dispensaries; • Alternative Two: Sever Limitation of Dispensaries; • Alternative Three: Moderate Limitation of Dispensaries; Minutes of July 24, 2012 Pa e 3 of12 • Alternative Four: Allowance of Dispensaries in Downtown Overlay District; • Alternative Five: Addition of Subject to DEAApproval; • Alternative Six: Outright Prohibition of Dispensaries and Collective Gardens; • Alternative Seven: Option for Licensing; and • Alternative Eight: Extension of Moratorium for Addition Research. Mayor Matthes opened public hearing at 7: 20 p.m. Douglas Hiatt, a criminal defense attorney from Seattle who specializes in medical marijuana issues, asked the Council to adopt none of the Planning Commission recommendations and let the moratoriums expire. He mentioned that Federal Law prohibits anything having to do with marijuana, and the only reason medical marijuana is allowed to operate is because it is considered a narrow exception to state criminal law charges. In response to Councilmember Chang, Mr. Hiatt stated that an affirmative defense is a defense in the law that comes by virtue of the common law or comes by statute. An example of affirmative defense would be self defense. Mr. Hiatt stated that when the legislature got together last year, they decided on Bill 5073, which would take them down 2 separate paths; one path would allow cities to regulate and tax and the other path would allow collective gardens without regulations or approval, which he believes in an affirmative defense. However, the Governor vetoed the path which would regulate medical marijuana and now the bill is leading to confusion. He would like all cases involving medical marijuana to go to the Supreme Court, which would force them to make a decision. Troy Barber, the Kitsap County Organizer for Sensible Washington, which is a grass roots volunteer organization for repealing marijuana laws in Washington State, asked for the Council's strengths and guidance to allow people to use medical marijuana for medication if needed, and to allow the moratorium to expire. Mary Phelps spoke in opposition of having medical marijuana legal in the City of Port Orchard, as it is against Federal Law. Joe Michael spoke in opposition of legalizing medical marijuana, stating some people have addictive natures. He showed the Council several Little Nickel want ads, which is advertising medical marijuana, and is concerned that it is getting out of hand. He believes that any prescription for painkillers should come through a doctor, and there are other painkillers that patients may use to put pain under control besides marijuana. He urges the Council to have stiff penalties if marijuana is legalized. Renae Ely is a medical marijuana patient and also is working as a caregiver to several people who rely on marijuana for their needs. She stated she would be against having collective gardens and dispensaries in one location, as it could attract criminals to target certain areas. Minutes of July 24, 2012 Pa e 4 of12 Debra Hansen informed the Council that she was using several medications in high doses to relieve her pain for cancer. When she tried marijuana, it helped relieve her pain, as well as reduced her hard narcotic medication intake. She urged the Council not to take that away from people. Gil Michael encouraged the Council to adopt the Planning Commission recommendation. He would also like local law enforcement to enforce the existing Federal laws. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:56 p.m. B. Renewal of a Moratorium on Accepting or Processing Applications, Permits, or Licenses for any Building or Land Use Activity Involving Medical Marijuana Collective Gardens City Attorney Jacoby recommended this Public Hearing should not be held until later in the evening, until Business Items 7A, 7B and 7C have been considered. Depending on what action is taken, a Public Hearing may or may not be held. C. Renewal of a Moratorium on Accepting or Processing Applications, Permits, or Licenses for any Building or Land Use Activity Involving Medical Marijuana Dispensaries City Attorney Jacoby recommended this Public Hearing should not be held until later in the evening, until Business Items 7A, 7B and 7C have been considered. Depending on what action is taken, a Public Hearing may or may not be held. D. Annexation of Retsil Area, File No. A-33-11 At 7:58p.m., Councilmember Colebank recused himself declaring a conflict of interest. Development Director Weaver presented the staff report, noting that on June 21, 2012, the City of Port Orchard received a Petition to annex nine parcels totaling approximately 2.22 acres. The parcels are located along the North side of Beach Drive East, stretching from the City's current boundary at the intersection of Bay Street and Arnold Avenue in the west to just east of the intersection of Beach Drive and Olney Avenue East. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2006. Three parcels are designated Urban Low-Intensity Commercial/Mixed Use with Neighborhood Commercial zoning. The others are designated Urban Low-Density Residential in the County's Comprehensive Plan with zoning designations of Urban Low Residential. This annexation area is contiguous to the existing City Limits and creates a logical boundary by bridging to the City's Joint Water Reclamation Facility, currently an "island" parcel within the City limits. The proposed annexation area contains City capital facility services infrastructure. The area is fully developed, with uses that include a tavern, restaurant/fitness studio, Annapolis ferry dock, parking lots, and 2 residences. Minutes of July 24, 2012 Pa e5 of12 The Notice of Intent to Petition for Annexation was submitted on January 30, 2012, and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on March 13, 2012. The Council voted to accept the Notice of Intent, and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted June 21, 2012, with signatures representing 67.5% of the area's property valuation. The Port Orchard Planning Commission reviewed the Annexation request at their July 16, 2012, meeting, and approved Planning Commission Resolution No. 003-12, recommending approval of the petition for annexation, with a Zoning designation of Community Facilities and a Comprehensive Plan designation of Public and Community Spaces for parcels 4689-004-004- ooo8 and 4027-033-001-0100; and a Zoning designation of Mixed Use and Comprehensive Plan designation of Commercial Retail-Office for parcels 4027-035-001-ooo6, 4689-004-002-0000, 4027-035-003-0004, 4027-035-004-0003, 4027-035-005-0002, 4689-004-001-0001 and 4027- 035-002-0005, to become effective upon annexation. RCW 35.13.177 allows the City to .prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits. The Land Use Element of the City's Comprehensive Plan provides goals and policies for Commercial Retail-Office and Public and Community Spaces. Mayor Matthes opened the Public Hearing at 8:02p.m. Dave Lewis voiced his opposition to the Retsil Annexation. There being no further testimony, Mayor Matthes closed the Public Hearing at 8:03p.m. At 8:05p.m., Councilmember Colebank returned to the meeting. E. 2011 Transportation Plan Update Public Works Director Dorsey presented the staff report, noting that on January 23, 2012, the City of Port Orchard issued a Programmatic SEPA threshold Determination of Non-Significance (DNS) for the proposed 2011 Transportation Plan Update (2012 Adoption), as prepared by Perteet. The comment period ended on February 6, 2012, and the appeal period ended on February 20, 2012. This evening's Public Hearing, publically noticed on July 6, 2012, meets the public participation phase of the Plan adoption process, as required by the Washington Growth Management Act (GMA) and the Revised Code of Washington (RCW). It is anticipated that once approved and adopted by the Port Orchard City Council by Ordinance, the 2011 Transportation Plan Update will be incorporated into the 2012 Port Orchard Comprehensive Plan Update, scheduled for December 2012. Mayor Matthes opened the Public Hearing and there being no testimony, closed the Public Hearing at8:o5 p.m. Minutes of July 24, 2012 Pa e 6 of12 At 8:06 p.m., Mayor Matthes recessed the meeting for a 17-minute Executive Session regarding potential litigation in accordance with RCW 42.30.110(b). City Attorney Jacoby was invited to attend. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 011-12, Relating to Medical Marijuana and Business License Regulations City Attorney Jacoby presented the staff report, noting that on February 22, 2011, and August 23, 2011, the City Council adopted ordinances imposing moratoria on accepting or processing applications, permits, or licenses for any building or land use activity relating to medical marijuana dispensaries and collective gardens. On February 14, 2012, the City Council adopted Ordinance No. 004-12 and Ordinance No. 003-12 extending both moratoria until August 12, 2012. During the moratoria, City Staff, the Port Orchard Planning Commission, and the City Council worked to evaluate numerous alternatives for permitting and regulating Medical Marijuana dispensaries and collective gardens within the City of Port Orchard. After much research, discussion, debate, public meetings, and deliberation regarding the interplay of the Federal laws and the State laws, the Planning Commission recommended that the City Council terminate the moratoria. The Planning Commission further recommended that no further land use action should be taken by the City Council relating to the regulation of Medical Marijuana in recognition of the superior regulatory authority of the Federal Government regarding the distribution, cultivation, and possession of marijuana, On July 17, 2012, the City Council reviewed the seven original alternatives and the recommendation of the Planning Commission. After review and discussion, the City Council directed staff to prepare the appropriate ordinances that would adopt the Planning Commission Recommendation with the addition of "Alternative 7." Alternative 7 proposed to modify the Port Orchard Business license code 5.12 to clarify that medical marijuana facilities are "businesses" under the City's Code and that no business license could be issued for any business activity that violates local, state, or federal law. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to approve Ordinance No. 011-12, amending chapter 5.12 of the Port Orchard Municipal Code to clarify that business licenses will not be issued for business activities that violate local, state or federal law. Upon vote, the motion passed with Councilmember Chang casting the dissenting vote. Councilmembers Clauson and Putaansuu were absent. B. Adoption of Ordinance No. 012-12, Terminating a Moratorium on Accepting or Processing Applications, permits, or Licenses for any Building or Land Use Activity Involving Medical Marijuana Dispensaries City Attorney Jacoby stated in light of the action taken to the business code amendments, it is no longer necessary to have the medical marijuana moratorium in place and for the Council. Councilmember Powers MOVED and Councilmember Colebank seconded the motion to approve Ordinance No. 012-12, terminating a moratorium on medical marijuana Minutes of July 24, 2012 Pa e7of12 dispensaries. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. C. Adoption of Ordinance No. 013-12, Terminating a Moratorium on Accepting or Processing Applications, Permits, or Licenses for any Building or Land Use Activity Involving Medical Marijuana Collective Gardens City Attorney Jacoby stated in light of the action taken to the business code amendments, it is no longer necessary to have the medical marijuana moratorium in place and for the Council. Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to approve Ordinance No. 013-12, terminating a moratorium on medical marijuana collective gardens. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. City Attorney Jacoby informed that Council, that since the Moratoriums were terminated that the Council no longer needed to hold the Public Hearings for moratoriums on medial marijuana collective gardens and dispensaries. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to cancel Public Hearings 6B and 6C. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. D. Adoption of Ordinance No. 014-12, Approving the Annexation of Retsil Area, File No. A-11-11 At 8:44p.m., Councilmember Colebank recused himself declaring a conflict of interest. Development Director Weaver presented the staff report, noting that a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 014-12. On June 21, 2012, the City of Port Orchard received a Petition to annex nine parcels totaling approximately 2.22 acres. The parcels are located along the North side of Beach Drive East, stretching from the City's current boundary at the intersection of Bay Street and Arnold Avenue in the west to just east of the intersection of Beach Drive and Olney Avenue East. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2006, and in the June 2012 Port Orchard UGA Preferred Alternative for the Kitsap County Comprehensive Plan Hearings Board Remand. Two parcels are designated Urban Low-Intensity Commercial/Mixed Use with Neighborhood Commercial zoning. The remaining parcels are designated Urban Low-Density Residential with Urban Low Residential zoning. This annexation will incorporate the area contiguous to the existing City Limits and creates a logical boundary by bridging to the City's Joint Water Reclamation Facility, currently an "island" parcel within the City limits. The proposed annexation area contains City capital facility services infrastructure. Minutes of July 24, 2012 Pa e 8 of12 The Notice of Intent to Petition for Annexation was submitted on January 30, 2012, and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on March 13, 2012. The Council voted to accept the Notice of Intent, and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted June 21, 2012. The Port Orchard Planning Commission reviewed the Annexation request at their July 16, 2012, meeting, and approved Planning Commission Resolution No. 003-12, recommending approval of the petition for annexation, with a Comprehensive Plan Designation of Commercial Retail-Office and a Zoning Designation of Mixed Use for Tax Parcel No's 468g-004-002-oooo, 4027-035-003- 0004, 4027-035-001-ooo6, 4027-035-004-0003, 4027-035-005-0002, 468g-004-001-0001 and 4027-035-002-0005, and a Comprehensive Plan Designation of Public and Community Spaces and a Zoning Designation of Community Facilities for Tax Parcel No's 468g-004-004-0008 and 4027- 033-001-0100. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2008, adoption of the 2008 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits. The Land Use Element of the City's Comprehensive Plan provides goals and policies for Commercial and Public and Community Spaces. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 014-12, in a form which is approved by the City Attorney approving the Retsil Annexation request of nine parcels in a total approximate of 2.22 acres as identified in Planning Commission Resolution No. 003-12, and the assumption of the City indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. In response to Councilmember Powers, Development Director Weaver noted that the ordinance should read the vicinity of the intersection of Bay Street and Arnold Avenue as noted on the staff report. At 8:51p.m., Councilmember Colebank returned to the meeting. E. Adoption of Ordinance No. 015-12, Adopting the 2011 Transportation Plan Update Public Works Director Dorsey presented the staff report, noting that the Growth Management Act (GMA) requires that each city that plans under the GMA periodically review, and if needed, revise its capital facilities plan(s) to ensure compliance with the Growth Management Act. Therefore, on January 9, 2012, a SEPA Checklist for the 2011 Transportation Plan Update was completed and distributed. On January 23, 2012, the City of Port Orchard issued a Programmatic Determination of Non-Significance (DNS) for the 2011 Transportation Plan Update. All comments received during the SEP A comment period were incorporated into the document. On July 24, 2012, a Public Hearing was held to receive additional public comment. The approved 2011 Transportation Plan Update (2012 Adoption) was developed in consideration of the goals of the GMA for the development of local Capital Facilities Plans and reflects a careful balancing of these goals within the local Minutes of July 24, 2012 Pa e 9 of12 conditions of the City of Port Orchard. This update was developed from and is consistent with the Port Orchard Comprehensive Plan. Councilmember Powers MOVED and Councilmember Chang seconded the motion to approve Ordinance No. 015-12, thereby adopting the 2011 Transportation Plan Update. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. F. Resolution No. 019-12, Granting Consent and Approval to Change of Control Transaction for WaveDivision Holdings, LLC City Attorney Jacoby read the staff report, noting that in 2006, the City entered into a non- exclusive cable TV franchise agreement with WaveDivision IV, LLC dba Wave Broadband. Section 18 of the agreement provides that the cable system cannot be sold or transferred without the prior written consent of the City Council acting by resolution or ordinance. In June, the City received formal notice that control of the franchisee's parent company, WaveDivision Holdings, LLC, is changing hands. The details of the transaction between several private equity firms are described in the attached June 8, 2012, letter from WaveDivision Holdings. There will be no change in the ownership of Wave Broadband and there should be no impact on the City's cable TV customers. To the best of staffs knowledge, the franchisee, Wave Broadband, is in compliance with the terms and conditions of the franchise agreement. Staff knows of no legal, technical, or financial reason why the City should object to the change of control of Wave Broadband's parent company. Councilmember Lucarelli MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 019-12, granting consent and approval to the change of control transaction for Wave:Division Holding, LLC. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. G. Approval of Contract No. 051-12, Authorizing the Mayor to Execute an Agreement with PACE Engineers Regarding Storm Drainage GAP Analysis Public Works Director Dorsey presented the staff report, noting that to help ensure the City is meeting National Pollutant Discharge Elimination System (NPDES) Permit requirements during the next five year permit cycle, 2013-2018, the City requested proposals for four firms to perform a gap analysis of the Storm Drainage Utility. On May 9, 2012, the City sent a request for proposals to Otak Engineering, Herrera Inc., KPG, and SDS Municipal Consulting. Since no responses were received from this request, another request was sent on June 13, 2012, to Otak, Herrera, KPG and PACE Engineers with SDS Municipal Consulting. On the deadline of June 28 the City only received one response from PACE Engineer's with SDS Municipal Consulting. Through this partnership between PACE and SDS the City has access to our former NPDES Permit Coordinator from Ecology, Sarah Davenport-Smith. Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute Contract No. 051-12 with PACE Engineers Inc., for the Storm Drainage GAP analysis in an amount not to exceed $45,000. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. Minutes of July 24, 2012 Page 10 of12 H. Approval of Contract No. 052-12, Authorizing the Mayor to Execute an lnterlocal Agreement with the Port of Bremerton Regarding the Bay Street Pedestrian Pathway & Marina Park Expansion Public Works Director Dorsey presented the staff report, noting that in 2011, the Port Orchard City Council and the Port of Bremerton Board of Commissioners met to discuss a potential partnership between a segment of the City's Bay Street Pedestrian Pathway Project and the Port's Marina Park Expansion Project. Staff members from both the City and the Port were directed to meet and coordinate this effort, with the culmination being the documents presented before you this evening. On July 10, 2012, the Port's Board of Commissioners approved and executed the Interlocal Agreement (ILA) between the City of Port Orchard And Port Of Bremerton regarding Bay Street Pedestrian Pathway and Marina Park Expansion. This ILA includes agreements between the two agencies and the necessary donated easements for the construction of Segment 2 of the City's Bay Street Pedestrian Pathway project located within the limits of the Port's Marina Park Expansion project. City Attorney Jacoby would like to recognize the Port of Bremerton for their assistance with this project. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute the Interlocal agreement with the Port of Bremerton thereby approving Contract No. 052-12 for the construction of segment 2 to the Bay Street Pedestrian Pathway project located within the Port's Marina Park Expansion project. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. Councilmember Colebank and Councilmember Powers seconded the motion excusing Councilmember Lucarelli from the rest of the meeting. Upon vote, the motion passed unanimously. Councilmembers Clauson and Putaansuu were absent. 8. COMMITTEE REPORTS Councilmember Childs reported that the next Economic Development and Tourism meeting will be held on Wednesday, August 15, 2012 at 3:30p.m. at City Hall. Councilmember Colebank reported he attended the Sewer Advisory Committee on July 18, 2012, were discussion was held regarding hiring a new plant manager for Joint Wastewater Treatment Facility; and the next meeting will be held on Wednesday, August 15, 2012. Councilmember Chang reported that the Lodging Tax Advisory Committee meet on Thursday, July 19, 2012; and thanked City Clerk Rinearson and City Attorney Jacoby for her help with scheduling this meeting and answering the Committee questions on the process. The committee is working on streamlining the 2013 Lodging Tax Application and they will be meeting again sometime in September. Minutes of July 24, 2012 Pa e 11 of12 Councilmember Powers reported the next Public Property meeting is Tuesday, August 14, 2012; and she attended a Kitsap Regional Coordinating Council meeting with the Mayor where most of the focus was on legislative priorities. Councilmember Colebank reported that on July 10, 2012, he participated in a conference call with the Puget Sound Regional Economic Development and Transportation Policy Board; on July 12, 2012, attended the Puget Sound Regional Council Transportation Policy Board meeting; on July 20, 2012, attended the Clayton Park Barbeque; and on July 24, 2012, attended the Kitsap Aerospace and Defense Alliance meeting where discussions related to a marketing website presentation. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • Held up a·certificate the City of Port Orchard received for our participation and help in the Clayton Park Barbeque honoring former U.S.S. Lewis and Clark sailors; • Vince Tucker, IT Manager, received the Employee of the Quarter; and • Joran Palama, former employee with the Planning/Building department, received a letter commending her for going above and beyond her responsibilities. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the final numbers for the 2011j2012 paving project in that 2011 it was $2o,ooo under budget and in 2012 it was $28,ooo over budget, with a net overage of $7,902.81; Well No. 9 bids are being accepted and are due no later than July 31, 2012, with a possible contract approval going before Council on August 14, 2012; and the library roof project is currently underway. Planning Director Weaver reported that his department has collected as many buildings permit fees in the first six months of this year, than the full year of 2011. 11. CITIZENS COMMENTS Tadina Crouch voiced her concerns regarding the contract the City has with Animal Control. Indicating, pit-bulls in her neighborhood attacked her neighbor and other dogs, and Animal Control has yet to return her and her neighbors calls to report the incident. In response to Tadina Crouch, Mayor Matthes stated he would have City Clerk Rinearson contact her to give her a copy of the Kitsap Humane Society contract. In response to Tadina Crouch, Development Director Weaver mentioned that Animal Control also working in coordinated with the Code Enforcement department, and she could contact him directly with any further questions or assistance. 12. EXECUTIVE SESSION An Executive Session was held earlier in the meeting-regarding potential litigation in accordance with RCW 42.30.11o(b). 13. ADJOURNMENT At 9:37p.m. Mayor Matthes adjourned the meeting. Minutes of July 24, 2012 Pa e 12 ofl2 ~~~d~ Timothy C. ~atthes, Mayor