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11/13/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of November 13, 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, Police Chief Townsend, Public Works Director Dorsey, City Treasurer Martin, Deputy City Clerk Fernandez, and City Attorney Jacoby were also present. A. Pledge of Allegiance Ms. Joan Mabbutt led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3· APPROVAL OF AGENDA The following items were removed from the Consent Agenda: • 4Achanged to Business Item 7B • 4F changed to Business Item 7C • Add New Consent Item 4G Excusing Councilmember Childs from October 23, 2012, Council Meeting and Councilmember Powers from the November 27, 2012, Council Meeting. Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. l ... pproval of Claim V/aFFants, Payroll & Treasurer's eheek book B. Approval of the October 16,2012, Work Study Session Meeting Minutes C. Approval of October 23, 2012 Council Meeting Minutes D. Setting Meeting for a Work Study Session to November 20, 2012, at 7:00p.m. at City Hall E. Approval of Contract No. 076-12 Authorizing the Mayor to Execute Interagency Agreement No. CAA13388 with the Administrative Office of the Courts for Interpreter Funding Reimbursement F. l ... ppmval of Contract No. 001 13, l ... uthorizing the Mayor to Execute a Lease and Maintenance }.cgreement vAth Kelley Imaging Systems for Public Vlofks Shop Copier Minutes of November 13, 2012 Page 2 of7 G. Excuse Absences of Mayor Pro-Tern Childs from the October 23, 2012, Council Meeting and Councilmember Powers from the November 27, 2012 Council Meeting Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion approving the Consent Agenda as modified. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: Pancreatic Cancer Awareness Month Mayor Matthes read the Pancreatic Cancer Awareness Month proclamation into the record and presented the proclamation to Ms. Mabbutt, who thanked the Council for their continued support. Ms. Mabbutt and Ms. Chambers gave a brief presentation on pancreatic cancer and the state of research as of today. B. 40 Under Forty Presentation Ms. Coppola explained the 40 Under Forty program; and presented the 40 Under Forty Class of 2012. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Resolution No. 034-12, Setting the Amount of Property Taxes to be Levied for the Year 2013 Pursuant to RCW 84.44.120 City Treasurer presented the staff report, noting on October 23, 2012, a Public Hearing on revenue sources for the current expense (general fund) budget was held. The Hearing included a discussion on property tax being considered to be collected in 2013. Below is a comparison of next year's levy amount to this year's leV)' amount. 2012levy $2,202,693 2013levy $2,202,693 1% increase 1% increase -0- New construction New construction 47,840 Annexation Annexation 25~5Z2 Total Taxes $2,202,693 Total Taxes $2,202,693 Refunds Refunds -0- Total2012 $2,202,693 Total2012 $2,276,105 Minutes of November 13, 2012 Page3 of7 State law (RCW 84.52.043) establishes maximum levy rates for the various types of taxing districts (the state, counties, cities and towns, fire districts, library districts and the like). Total 2013 levy amount is estimated to be $2,276,105 based upon an estimated maximum $1.73 per thousand of assessed valuation. 2013levy annexation amount is estimated until the final levy calculation is completed by the Kitsap County Assessor. Projected 2012 levy rate of $1.73 calculates a tax of $346.00 on a house assessed value of $200,000. Councilmember Putaansuu said the junior taxing districts are putting a squeeze on the City's property taxes, leaving the 2013 budget short by $250,000 from what we had last year. Councilmember Clauson said the assessed valuation for the City is less and has also had a negative affect on our property taxes. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No.034-12, to set the 2013 property tax levy and the amount of property taxes to be raised for the budget year of 2013. Upon vote, the motion passed unanimously. B. Approval of Claim Warrants Nos. 58495 through 58567 in the amount of $375,643.54, October's Payroll Warrant Nos. 144819 through 144866 in the amount of $530,901.77 & Treasurer's check book in the amount of $2,342,350.22. Councilmember Clauson explained the removal of the claim warrants was to. avoid a conflict of interest. In the claims this month is the settlement amount for the purchase of the Coppola property as part of the Tremont acquisition, and wanted to clarify with City Attorney Jacoby whether or not Councilmember Colebank and Mayor Matthes should recuse themselves. City Attorney Jacoby agreed that Mayor Matthes and Councilmember Colebank should recuse themselves. Mayor Matthes and Councilmember Colebank left the meeting at 7:36 p.m. Mayor Pro-Tern Childs continued the meeting. ' Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion to approve the claims, warrants, payroll and Treasurer's check book. Upon vote, the motion passed unanimously. Councilmember Colebank was recused. Minutes of November 13,2012 Page4 of7 Mayor Matthes and Councilmember Colebank returned to the meeting at 7:37p.m. Mayor Matthes continued the meeting. C. Approval of Contract No. 001-13, Authorizing the Mayor to Execute a Lease and Maintenance Agreement with Kelley Imaging Systems for Public Works Shop Copier City Clerk Rinearson presented the staff report, noting the Public Works Shop currently has a three-year agreement with Kelley Imaging Systems to lease a Toshiba Copier. The current lease expires in December 2012. The agreement also includes an annual Maintenance Agreement for the copier. The Maintenance Agreement for the copier includes all services, parts, labor and supplies (including toner and developer) excluding paper and staples. The proposal is to continue the lease agreement with Kelly Imaging Systems at the same monthly rate of $115 a month plus tax and the same yearly maintenance agreement of $345 per year plus tax. There have been no issues with the current copy machine and the volume used is trivial; for those reasons it is recommended that the current machine be kept and the lease/maintenance agreements be renewed. City Attorney Jacoby pointed out in the lease agreement there is a provision that states that the City has the right to purchase the equipment at fair market value. He recommended amending the agreement to strike that clause. Second class cities are required to use the competitive bid process if they purchase equipment valued more than $7,500. MRSC has opined that a lease with an option to purchase is a form of purchasing. In response to Councilmember Chang, City Clerk Rinearson said the number of pages the shop uses each month is around 900 copies. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve the Mayor to execute Lease and Maintenance Agreement No. 001-13, as approved by the City Attorney with Kelley Imaging Systems for a Public Works Shop's copier. Upon vote, the motion passed unanimously. 8. COMMITIEE REPORTS Councilmember Clauson reported the Finance Committee is working on the budget. Councilmember Childs reported the next Economic Development/Tourism Committee meeting is November 14, 2012 at 3:30p.m.; and they will be discussing the planning of the Festival Chimes and Lights event. Councilmember Lucarelli added that the event planning is on schedule, they are working on the details, and the tree is up. Councilmember Powers reported the next Public Properties Committee meeting is December 11, 2012. Councilmember Lucarelli reported on the meeting stating the Minutes of November 13,2012 Pages of7 discussions were on L~adership Kitsap's bench proposal, new snow and ice policy, private street notations, and Givens field use by a soccer club. Councilmember Colebank reported on the November 8, 2012, PSRC Transpol meeting where they voted to recommend the Executive Board approve $30 million in additional 2012 PSRC funds for 35 regional projects, including the PO Bay Street Pedestrian Pathway. Additional discussion was held on regional transit coordination and funding, update on prioritization projects, and developing recommendation for the 2013 legislature. He reported the KRCC Transportation Policy Board discussed next steps to fund SKIA, Transportation 2040 prioritization, and how to incorporate a safety metric in project recommendations. On November 16, 2012, he will attend the Peninsula Regional Transportation Planning Organization meeting. Councilmember Powers announced the KRCC Board will have a legislative breakfast on December 4, 2012; and everyone is invited. Councilmember Putaansuu reported the next Sewer Advisory Committee is January 16, 2013. They received a two year operating budget for the sewer treatment plant. There are a number of capital projects on the horizon and the bond debt is half way paid. The City has more building activity and connections than WSUD. There is a potential that we may have to contribute more money to the plant two years out. Councilmember Putaansuu reported the next Utility Committee meeting is January 11, 2013. They discussed the step conversions. Staff is gathering positive testimony to share with the next group of home owners that will be asked to participate in the conversion. Well No. 9 project is on budget and on time. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • Town Hall Meeting scheduled November 15, 2012, at 6pm in the Council Chambers. • A citizen compliment regarding the police department's service and aid. 10. REPORT OF DEPARTMENT DIRECfORS Public Works Director Dorsey reported the November 27, 2012, Council agenda will have the snow route update and snow route policy for the Council to consider; the City received $340,000 for the Bay Street Pedestrian Pathway, which will be used for the easement acquisition; and Public Works is in receipt of $259,000 for the Cedar sidewalk project this summer. City Treasurer Martin reported his department is in the middle of a software conversion. Minutes of November 13,2012 Page 6 of7 City Attorney Jacoby announced there will be an Executive Session following the meeting. He also said that on December 6, 2012, possessing an ounce of marijuana will be legal, and the Liquor Control Board is to create a regulatory scheme to regulate the growing, distribution, sale, and taxing of marijuana by December 2013. Another wildcard is waiting to see what the Federal government might do. In response to Councilmember Childs, City Attorney Jacoby said the medical marijuana regulations are separate from recreational use legalization. The City will not renew the moratoria. The City may need to modify land use codes to regulate the location of stores. In response to Councilmember Powers, City Attorney Jacoby said regulations need to be adopted by the State of Washington to sell marijuana. In response to Councilmember Chang, City Attorney Jacoby said the City may have to amend the business license code to be in compliance with State Law once the Liquor Control Board establishes its regulations. In response to Councilmember Clauson, City Attorney Jacoby does not know how the Council will handle their oaths regarding upholding the Federal and State laws, when the two laws are conflicting. City Clerk Rinearson reported she noticed the meeting for Roger Brooks at SEEFilms Cinema on November 26, 2012, should any Councilmember wish to attend and the Clerk's Office has made more changes to the City's website. 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION At 8:15 p.m. Mayor Matthes recessed the meeting for a 20.,.minute executive session regarding potential litigation in accordance with RCW 42.30.11o(B). City Attorney Jacoby announced that a statement might be made as a result ofthe executive session. At 8:35p.m. Mayor Matthes continued the executive session for an additional15 minutes. At 8:48 p.m. Mayor Matthes reconvened the meeting back into regular session. Councilmember Clauson read into the record that the Council completed their Executive Session and that the City Council would like to go on record as acknowledging receipt of a settlement proposal from Engley Diversified, and the Council has directed the City attorneys to draft a response for the Council's consideration at a future Executive Session. 13. ADJOURNMENT Minutes of November 13, 2012 Pa e 7 of7 Mayor Pro-Tem Childs moved adjournment of the meeting. At 8:49p.m. Mayor Matthes adjourned the meeting. ~ ~~ {!;?J a::taf_//;;1 Timothy C. Matthes, Mayor