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09/25/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 25, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Public Works Director Dorsey, Office Assistant Floyd, and City Attorney Jacoby were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Nick Whittleton voiced his dissatisfaction with the action of certain Councilmember's regarding Lodging Tax Funding discussed at the September 18, 2012, Work Study Session. He mentions that the Lodging Tax Committee looked at the applications and provided their recommendations, but it was looked at with lack of respect. He stated that every one of the items listed on the Economic Development and Tourism Committee suggested changes; and each one of the organizations near and dear to the Economic Development and Tourism Committee received an increase. He also questions why the Cedar Cove Association still receives funding. They had a great event in 2009, but where have they been since? Elisa Whittleton applauds and thanks Councilmember's Chang and Powers for attending the Town Hall meeting as it shows they are interested in the pulse of the people of the City. She would also like to share her concerns with the proposed 2013 Lodging Tax Fund distribution. She would like to see the arts flourish, mentioning that the Sidney Museum and Arts Gallery deserve to receive the funding the Lodging Tax Committee recommended. She would like to know why the Cedar Cove Association deserves to receive $4,950, which is an increase of $3,950 from the Lodging Tax Committee's recommendation. She was part of the 2009 event which the Cedar Cove Association held, but where have they been since? In the last two years, Cedar Cove Association has received $12,790 in Lodging Tax Funding, and the Sidney Museum and Arts Association has received $6,482. 3· APPROVAL OF AGENDA Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA Minutes of September 25, 2012 Pa e 2 of7 A. Approval of Claim Warrants Nos. 58260 through 58337 in the amount of $283,329.58; B. Approval of September 11, 2012, Work Study Session Meeting Minutes C. Public Event Applications: Holly Daze Craft & Gift Show Festival of Chimes and Lights Councilmember Powers MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Waste Management-Recycling Program Update Alan York representing Waste Management, updated the Council on the recycling commodity credit and showed a brief presentation, which included the following: • The City of Port Orchard's contract with Waste Management includes the adoption of the WUTC rates. Under this rate structure, multifamily, and residential customers receive a monthly credit or charge that reflects the value of their recyclables. This rebate is reviewed and approved by the Commission each year. • The current rebate is subject to its annual review on October 31, 2012. • Most recently, there has been a credit of $1.42/month per single-family household and $o.16jmonth per multifamily unit. • Rebates can fluctuate significantly from year to year due to the high volatility of the commodity markets. • Waste Management has filed a rate revision with the WUTC requesting that the current credits be revised to $0.28 cent/month recycling charge for single family residences and a $0.03/month charge per unit for multi-family residences, effective November 1, 2012. • If approved, this charge would become effective November 1, 2012, and customers would be notified of this change via billing inserts. In response to Councilmember Clauson, Mr. York stated that citizens could put the same amount of recyclables next to their container, and Waste Management will pick it up without it being in its own container. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS Minutes of September 25, 2012 Page 3 of7 A. Adoption of Resolution No. 025-12, Ratifying the Collective Bargaining Agreement with Teamsters Local 589 Representing the Municipal Court Employees City Attorney Jacoby presented the staff report, noting the City's negotiating team consisting of Councilmember John Clauson, Assistant City Attorney Dave Luxenberg, and Court Administrator Debbie Hunt has reached a tentative agreement with Teamsters Local No. 589 representing the City's Municipal Court Employees. The Agreement has been ratified by the Municipal Court Employees' bargaining unit. The Agreement is not a public document until approved by Council and signed by the parties, and is therefore not attached to this staff report. Councilmember Clauson would like to recognize the efforts of the bargaining team, especially Dave Luxenberg, Debra Hunt, and John Witt, who is the business agent for the Teamsters. Councilmember Powers would also like to recognize Councilmember Clauson for his hard work and many hours he put in on behalf of the City. City Attorney Jacoby mentioned that in regards to all three Collective Bargaining Agreements' mentioned in tonight's meeting, the health benefit terms would be unchanged, and employees would still be responsible for a percentage of their health care. In respect to wages, this is a three year contract. In year one, there would be no cost of living increase, but the City has agreed to pay each employee a $300 signing bonus; In year two, which would begin October 1, 2013, there is a wage increase of zero to 2%, which is measured by the Consumer Price Index; and in year three, there is a wage increase from zero to .25% as measured by the Consumer Price Index. Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion to ratify the terms of the Collective Bargaining Agreement with Teamsters Local589 representing the Municipal Court Employees bargaining unit and authorize the Mayor to execute the same. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 026-12, Ratifying the Collective Bargaining Agreement with Teamsters Local 589 Representing the Public Works Employees City Attorney Jacoby presented the staff report, noting the City's negotiating team consisting of Councilmember John Clauson, Assistant City Attorney Dave Luxenberg, and Public Works Director Mark Dorsey has reached a tentative agreement with Teamsters Local No. 589 representing the City's Public Works Employees. The Agreement has been Minutes of September 25, 2012 Pa e4 of7 ratified by the Public Works Employees' bargaining unit. The Agreement is not a public document until approved by Council and signed by the parties, and is therefore not attached to this staff report. Councilmember Powers MOVED and Councilmember Clauson seconded the motion to ratify the terms of the Collective Bargaining Agreement with Teamsters Local 589 representing the Public Works Employees bargaining unit and authorize the Mayor to execute the same. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 027-12, Ratifying the Collective Bargaining Agreement with Teamsters Local589 Representing the Police Support Staff City Attorney Jacoby presented the staff report, noting the City's negotiating team consisting of Councilmember John Clauson, Assistant City Attorney Dave Luxenberg, and Police Chief Alan Townsend has reached a tentative agreement with Teamsters Local No. 589 representing the Police Support Staff. The Agreement has been ratified by the Police Support Staffs bargaining unit. The Agreement is not a public document until approved by Council and signed by the parties, and is therefore not attached to this staff report. He also pointed out that the Police Officers and Police Sergeants are a separate union, and the City has not begun negotiations, but they will begin shortly. Councilmember Lucarelli MOVED and Councilmember Clauson seconded the motion to ratify the terms of the Collective Bargaining Agreement with Teamsters Local 589 representing the Police Support Staff bargaining unit and authorize the Mayor to execute the same.-Upon vote, the motion passed unanimously. D. Approval of Contract No. 068-12, Authorizing the Mayor to Execute an Agreement with TSI, Inc. for the 2012 Wonderware Programming Upgrades Public Works Director Dorsey presented the staff report, noting that pursuant to City of Port Orchard Resolution No. 1912, the City may use single source procurement to maintain the integrity of an electrical and/ or telemetry system. Technical Systems, Inc. (TSI) submitted a single-source proposal of $28,426.00, including sales tax but not bonding costs, for the 2012 Wonderware Programming Upgrade for sanitary sewer lift stations. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute Contract No. 068-12, with TSI, Inc. in the amount not to exceed $29,000 for the 2012 Sanitary Sewer Lift Station Wonderware Programming Upgrades. Upon vote, the motion passed unanimously. Minutes of September 25, 2012 · Pa e 5 of7 E. Approval of Public Event Application: Running with the Reign 5K City Clerk Rinearson presented the staff report, noting that each year several organizations request permission to close certain City streets; request the use of City parking lots; and/ or use City Parks. The Cedar Heights Junior High Dance Team has submitted their application to use a portion of the City's right-of-ways for a public event, Running with the Reign 5K, on Saturday, October 27, 2012. This 5K run is to support fitness and the Cedar Heights Dance Team. City Departments, the Fire Department, and Kitsap Transit have reviewed the application and have submitted their comments, which have been provided to you. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the public event application for the Running with the Reign sk, allowing them to hold their public event using a portion of the City's parking lots and/or right-of-ways as presented on Saturday, October 27, 2012. Upon vote, the motion passed unanimously. 8. COMMITIEE REPORTS Councilmember Clauson reported the Finance Committee meeting is scheduled for Wednesday, September 26, 2012, 7:30a.m. at the Family Pancake House. Councilmember Childs reported the Economic Development and Tourism Committee meeting is scheduled for October 10, 2012, at 3:30 p.m. at City Hall. The meeting will mostly be about Chimes and Lights. Councilmember Lucarelli reported that the Festival of Chimes and Lights brochure has gone out to the Press; and City Clerk Rinearson added the first cycle of the water/sewer utility bills will have flyers mentioning the Festival of Chimes and Lights event. Councilmember Putaansuu reported the Utility Committee met on September 14, 2012; and the next meeting will be November 9, 2012. Also, the Sewer Advisory Committee will meet on October 17, 2012, at the West Sound Utility District. Councilmember Powers reported the Public Property Committee meeting is October 9, 2012, at Moondogs, with the agenda to be determined. She also mentioned that she and Mayor Matthes attended the Kitsap Regional Coordination Council meeting on September 25, 2012. Councilmember Colebank reported he attended the Puget Sound Regional Transportation Policy Board meeting on September 13, 2012, where discussions were held regarding regional transportation improvement program for public review and 2012 excess funding; Minutes of September 25, 2012 Pa e 6 of7 attended the Kitsap Regional Coordinating Council Transportation Policy Board meeting where discussions were held regarding STP Funding, transportation issues and effects on health; on September 21, 2012, attended the Peninsula Regional Transportation Planning Organization meeting; and attended a Kitsap Aerospace Defense Alliance meeting on September 25, 2012, where they received an update on the work force development program at Olympic College. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • Read a letter from a couple residing on Rockwell Avenue thanking the Public Works Department, Supervisors, and Public Works Supervisor Jay Cookson for following up on a complaint regarding two noisy manhole covers, and getting the problem resolved; • National Take Back Your Medicine Day is planned for Saturday, September 29, 2012, from 10:00 a.m. to 2:00p.m. at City Hall; • There will be a special Port Orchard Citizens Preparedness 'Mapping Your Neighborhood' meeting being held at City Hall on September 27, 2012, from 6:30 p.m. to S:oo p.m.; and • Read a proclamation regarding the 75th Anniversary of the First Lutheran Community Church. to. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the Fall Clean-up is scheduled for the week of October 8, 2012 and the annual semi-annual flushing of the water lines will be October 22, through November 2, 2012. City Attorney Jacoby reported there will be an Executive Session following the citizen comment period. City Clerk Rinearson reported the City's website outline has been changed, including a section for each Councilmember. She urged the Council to submit their bio's, goals and/or mission statements to the Clerk's office to ensure it is placed onto the City's website. 11. CITIZENS COMMENTS Jeff Braden stated the Town Hall Meeting went exceptionally well, and was really pleased with the positive support of the citizens. 12. EXECUTIVE SESSION Minutes of September 25, 2012 Pa e 7 of7 At 7:58 p.m., Mayor Matthes recessed the meeting for a 20-minute executive session regarding potential litigation in accordance with RCW 42.30.110(B) and (C). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:18p.m. Mayor Matthes and Councilmember Colebank recused themselves, declaring a conflict of interest. At 8:24p.m. Mayor Pro Tern Childs reconvened Council back into regular session. 13. ADJOURNMENT At 8:24p.m. Mayor Pro Tern Childs adjourned the meeting. . :J ;f I '< •••• . ,,?O R..q •(),)' .. ::_) .. ~ .-- ~;1~c~ Timothy C. atthes, Mayor