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11/20/2012 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of November 20, 2012 7:00p.m. Call to Order Mayor Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and Councilmembers John Clauson, Fred Chang, Rob Putaansuu, Cindy Lucarelli, and Jim Colebank were present. Public Works Director Mark Dorsey, Assistant Planner Stephanie Andrews, Police Chief Alan Townsend, City Treasurer Allan Martin, City Clerk Brandy Rinearson, City Attorney Greg Jacoby and Office Assistant II Jenine Floyd were also present. Absent: Councilmember Carolyn Powers 1. Presentation: Leadership Kitsap Mike Warnett with Kitsap Leadership updated the Council on a project they have been working on. The project is to get benches for the Port Orchard Boardwalk Project. They have met with the Public Property Committee several times to give them information on benches, and have also met with the Port of Bremerton who has given them a parcel of property down at the waterfront to put in a park. They have agreed upon a green steel bench to help protect it from the saltwater. These benches also have the ability to have logos on the end and a place to name organizations or people who donate on the back of the bench. In response to Mayor Matthes, Mr. Warnett mentioned the logos are not included in the total price. Public Works Director Dorsey stated the Planning Department has been working on a standardized bench, in hopes of standardizing benches for all projects. This would be a very public process which consists of several meetings. He reminded the Council that should they want to pay for these benches with Federal dollars; a certificate of origin will be required. Mr. Warnett mentioned the timeline of this project is to be finished by June 2013, but Leadership Kitsap is committed to staying with the project until the end, even if it is after the June timeline. Council Direction: No direction was given to staff. 2. Discussion: KRCC ILA Changes Mary McClure with Kitsap Regional Coordinating Council (I<RCC) updated the Council on the proposed Interlocal Agreement. She stated this agreement is usually reviewed every couple of years and there were a few administrative and housekeeping items that needed to be modified. The changes to the agreement are as follows: November 20, 2012, Work Study Session Minutes Page2ofg 1) In the event a City has a Council/Manager form of government, the City may select elected officials to serve as its representatives on the KRCC Board, rather than an appointed city manager; 2) Clarify that the Executive Director is a contracted consultant for administrative services rather than an employee of KRCC; and 3) The KRCC has been given greater flexibility in selecting the Council's fiscal agent and legal counsel. Council Direction: After reviewing the updates, Council directed staff to add the KRCC Interlocal Agreement to the November 27, 2012, Council meeting Agenda for approval. 3· Discussion: Legislative Priorities Briahna Taylor with Gordon Thomas Honeywell Governmental Affairs, updated the Council on legislative issues in Olympia, post election, which included: • Governor's Office Update • Legislature Update -Committee Week, Reorganization, -House Democrat Caucus, and -House Republican Caucus. • New Legislators • Revenue Forecast & Operating Budget Update • Capital Budget Update • Transportation Budget Update -Washington Roundtable Washington Mayors Group. Ms. Taylor provided the Council with some of AWC's priorities which included: • Ensure Fiscal Sustainability and Flexibility; • Foster and Invest in Infrastructure and Economic Development; and • Enhance Service Provision. Ms. Taylor reviewed the City of Port Orchard's 2013-14 Legislative priorities which included: • Transportation Budget Funding Requests Tremont Street Bethel Corridor Improvements • Capital Budget Funding Requests Phase II of Bay Street Pedestrian Path Phase II of DeKalb Pier • Legislative Items -Continue to Protect State-Shared Revenues November 20, 2012, Work Study Session Minutes Page3of9 -Pursue Flexibility and Local Government Notification Requirements -Public Records Reform Support Kitsap County PUD -Flexibility to use Lodging Tax Revenue for Operations -Audits Reform Ms. Taylor mentioned she is in the process of organizing meetings for Representatives Jan Angel and Larry Seaquist to meet with the City and discuss these legislative priorities. Upon the final date and time, the Council and Mayor will be notified. Council Direction: No direction was given to staff. 4· Discussion: Waste Management Contract Public Works Director Mark Dorsey reminded the Council that currently the five year contract with Waste Management dba Brem-Air Disposal will expire on June 30, 2013. Staff has been working with Waste Management on extending the contract for an additional two years. In order for the City to exercise its second option to extend the current contract, with all existing terms and conditions in place, written notice must be given by the City to Waste Management no later than December 31, 2012. Staff is asking the Council if they want to hold a public hearing for citizens to address any concerns they may have with the service and then placed on the November 27, 2012, Council Agenda for approval of the renewal of the contract. The City is allowed two contract extensions, with the first extension being the three year extension nearing its termination date of June 30, 2013. The second contract extension, being a two year extension only, is the matter before Council this evening. Contract Amendment No., 2 proposes to extend the current Contract expiration date of June 30, 2013, to June 30, 215, with all terms and conditions as set forth in the original. Katie Salinas with the public sector group of Waste Management informed the Council they had a meeting with City Clerk Brandy Rinearson and Mayor Matthes, discussing the upcoming contract extension and potential contract enhancements. Ms. Salinas said if the City does decide to proceed with the contract extension, Waste Management would be willing to work with the City on contract enhancements and any potential changes. In response to Councilmember Putaansuu, Mayor Matthes mentioned the contract enhancements may include helping low income residents with their Waste Management bill. City Clerk Brandy Rinearson stated that City residents are charged a garbage collection fee, even if they do not use the service. The current contract does not allow any deviations or changes to collection services. November 20, 2012, Work Study Session Minutes Page 4 of 9 Council Direction: No direction was given to staff. 5· Discussion: City Attorney Contract Councilmember Clauson shared with the Council that he and the Mayor have discussed on several occasions whose has the authority of negotiating the Attorney Contract. Councilmember Clauson explained, the Mayor has spoken to the City Attorney and set the hourly rate of future legal services. However, based on a prior discussion at a Work Study Session, the Council sets the hourly rate of the Attorney and the Finance Committee should provide a recommendation to the Council. At that Finance Committee meeting it was recommended to bring the discussion back to the full Council for adjustments of the hourly rate. Subsequent to the Finance Committee meeting, Mayor Matthes met with the Attorney and negotiated a separate agreement; which the Attorney and the Mayor has agreed to. Councilmember Clauson expressed the bigger picture is whose role is it to negotiate the Attorney contract; the Council or the Mayor. The Mayor has reviewed City ordinances and the RCW's, and believes that is the Mayor's role to negotiate the agreement and Councilmember Clauson believes it is the Council's role. City Attorney Greg Jacoby stated his opinion is that the Municipal Code and State law is clear in that the Council has the authority to establish job duties of the City Attorney and to set the compensation. Councilmember Clauson stated the Mayor has offered the Attorney $160 an hour as it has been for a few years; but when the Finance Committee met they recommended $175 an hour, which is the Attorney's original request amount. Councilmember Childs mentioned that the $160 an hour rate was a reduction from the prior administration's request because of the economic times. City Attorney Jacoby mentioned that AWC-RMSA would be a free of charge way to find out who is responsible for the fees for the attorney contract, or he could recommend a good municipal attorney. He further mentioned that MRSC keeps attorneys on staff to help cities with certain legal questions at no charge too. Council Direction: Council directed Mayor Matthes and Councilmember Clauson to contact AWC-RMSA for a third unbiased opinion and to place the City Attorney contract on the December 11, 2012, agenda. 6. Discussion: LTAC Recommendation for 2013 Distribution City Attorney Greg Jacoby stated that based on discussions at the October 16, 2012, Work Study Session, the majority of the Council was in support of the recommendations November 20, 2012, Work Study Session Minutes Pagesof9 brought forth from the Lodging Tax Advisory Committee (LTAC) except for following; Festival of Chimes and Lights, City of Port Orchard Police Department, Kitsap Peninsula Visitor & Convention Bureau (KPVCB) and the Port of Bremerton Kitsap Harbor Festival. LTAC recommends that collectively, these four organizations receive $18,680. Councilmember Childs mentioned that he was not at the last meetings, and he would have added the Port Orchard Bay Street Association (POBSA) for more discussion. He would like to know who best would market Port Orchard. He would like to know if POBSA is marketing Port Orchard, then why give any money to the KPVCB. Councilmember Lucarelli stated this year, the Festival of Chimes and Lights are making use of the Lodging Tax funds down to the last penny. She reported that there were some unforeseen expenses that showed up and she knows that for next year's budget there will be a cut in funds. She is concerned about an almost $4,000 cut. Councilmember Chang stated he does not know how much funding for the Festival of Chimes and Lights should come from Lodging Tax funds. He mentioned the LTAC discussed that Christmas is a time when a lot of people come into town, and the committee ·is not convinced about how much tourism the Festival brings. He further mentions that in the past the Festival received donations from sponsors to help offset the cost. Councilmembers Childs and Lucarelli would like to have the Festival of Chimes and Lights receive $9,000 in Lodging Tax funds. In regards to the City of Port Orchard Police Department, which funds the Department's overtime for them to help with these events, Councilmember Clauson would like them to receive $1o,ooo, mentioning that the Police Departments spends a fair amount of time supporting these community events. City Clerk Brandy Rinearson stated as of August 15 2012, the Police Department has incurred $6,500 of staff time to help with events occurring in the City. Councilmember Childs added that he thinks the Police Department should receive $7,500. City Clerk Brandy Rinearson reminded the Council that after June 30, 2013, if the sunset does not renew, then any events that take place after July 1, 2013 and through the reminder of the year, will not be able to receive reimbursement from the Lodging Tax funds. Councilmember Lucarelli recommended $1o,ooo be allocated to the Police Department. November 20, 2012, Work Study Session Minutes Page 6 ofg Councilmember Childs questions what the KPVCB did in order to have the LTAC recommend $6,6oo, when $21,500 was requested. Councilmember Chang replied that KPVCB has a beautiful website; however, the Committee could not justify putting a higher dollar amount on just website promoting. Councilmember Colebank mentioned that the LTAC recommendations show their priorities and what they are supporting. It is clear that the Festival of Chimes and Lights and paying the Police Department overtime isn't one of their priorities. He does not think the City's general fund should fund everything for Chimes and Lights. He suggested next year not having the Festival and each organization pays the Police Department overtime for protection. In response, Councilmember Lucarelli said is it important to have a savings, as there were many things that come up to use those funds. She would like to address this process differently in the future. She explained that the Festival is a great event which brings the City together and as long as we have people willing to attend, she would like the Festival to continue. She also expressed her concern with the LTAC, mentioning that certain organizations were not represented very well. Cedar Cove Association has never had representation on that committee. She further explained that she and others felt the LTAC was stacked and would like to find a better system. Councilmember Chang mentioned that maybe next year the Council should have more say in the appointees. Council Direction: Council came to a consensus to move forward with the Lodging Tax Advisory Committee's full recommendation to be implemented as part of the 2013 Budget approval process; and to use the $10,000 set aside. Of the set aside money, $6,ooo would go to Police Overtime and $4,000 to the Festival of Chimes and Lights. 7· Discussion: 2013 Budget City Treasurer Allan Martin provided a preliminary budget to the Council, mentioning that the Finance Committee has met several times and also met with all the department heads. Councilmember Clauson gave a brief update on recommendations from the Finance Committee which included: • Reductions to Council travel and training and the sharing of lapel pins. • Removed $2,500 from the Mayor's budget. • Expressed funding concerns for two police vehicles. • Agreed to fund expenses for curb replacement. • Staff is working on a realignment of the Planning department which includes job sharing and reducing hours. November 20, 2012, Work Study Session Minutes Page7of9 • Recommended additional revenue for Transportation Impact Fee Study. • $195,000 recommended for an intersection in the McCormick Woods area which would come out of the Transportation Impact Fee reserve. • $3,000 Recreational Reserve to fund the community center recreation study. He also mentioned a couple recommendations of projects which could not be funded: • Street improvements for the Bethel Avenue Corridor. • Street overlay improvements. Councilmember Putaansuu mentioned that the library has a new roof and they were planning on putting in new carpet, but there are issues with the flooring. This could be the responsibly of the City, which the estimated amount of repair is approximately $20,000. Mayor Matthes expressed a concern he had with the $195,000 Clifton Road Campus Parkway Roundabout. He stated that maybe we should not have this in the budget. The Council and staff briefly talked about the GEM1 agreement with McCormick Woods and alternatives to the Roundabout. Council Direction: Council directed staff to proceed with the Finance Committee's recommendations for the 2013 Budget. Police Chief Alan Townsend and City Treasurer Allan Martin left the meeting at 9:40 p.m. 8. Update: Landscape Code Assistant Planner Stephanie Andrews provided an update on Municipal Code Chapter 16.50 Landscaping and Screening, mentioning that the Planning Commission has made revisions to make it more user friendly and understandable to the staff and bidders. In response to Councilmember Putaansuu, Ms. Andrews explained that this should be approved by the end of the year as it would be part of the Comprehensive Plan Amendment, but it is not required, stating as long as it is approved by the end of January. There will also be a public hearing at the December 11, 2012, Council Meeting for the Comprehensive Plan Update. Council shared their concerns with the way the updates were provided, mentioning the layout of the paperwork they were provided is very hard to understand since the staff and the Planning Commission have provided their comments and changes to the document. November 20, 2012, Work Study Session Minutes Page8of9 Council Direction: Council directed staff to send them the original red-lined version of the updated code and to add this discussion to the January 15, 2012, Work Study Session. 9· Update: Comprehensive Plan Assistant City Planner Stephanie Andrews updated the Council on the 2012 Comp Plan which included: • A request from GEM1 in the McCormick Woods area for a rezone. • 2012 annexations have been added including the Bethel annexation, Retsil annexation and Municipal Purposes annexation for storm ponds. • The Urban Growth Area (UGA) changes that were sent to us from Kitsap County are reflected on the maps with the scaled back UGA. She stated that staff and the Planning Commission recommend approval of the changes to the annexations and the UGA. Council Direction: No direction was given to staff. 10. Update: Transfer Development Rights (TDR) Program Assistant City Planner Stephanie Andrews briefly mentioned that the Department of Commerce is in the process of considering an extension until March for this grant and it will be brought back to City Council at a later time. Council Direction: No direction was given to staff. 11. Update: Public Works Accomplishments Public Works Director Mark Dorsey provided the Council with a brief update on the accomplishments and projects the Public Works department has worked on in 2012. Council Direction: No direction was given to staff. 12.Discussion: Holiday Meetings/Good Neighbor Awards City Clerk Brandy Rinearson inquired if the Council would like to cancel the December 18, 2012, Work Study Session and the December 25, 2012, Council meeting. She also asked the Council which day they would like to tour the City to look at lights and give out the 'Good Neighbor Awards'. Council Direction: Council directed staff to cancel the December 18, 2012, Work Study Session and the December 25, 2012, regular meeting; to schedule the tour for 6:oop.m. on Wednesday, December 18, 2012; and to send an email reminder. November 20, 2012, Work Study Session Minutes Page 9 ofg At 10:06 p.m., Mayor Matthes recessed the meeting for as-minute executive session regarding potential litigation in accordance with RCW 42.30.110 (B). 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 10:12 p.m., Mayor Matthes reconvened Council back into session. At 10:12 p.m., Mayor Matthes adjourned the meeting. ~~ Brandy Rinearson, CMC, City Clerk