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06/25/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 25, 2013 t. CALL TO ORDER AND ROLL CALL Mayor Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Fire Prevention Manager Rogers, Police Chief Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Office Assistant II 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 Teresa Osinski with the Home Builders Association of Kitsap County, expressed her appreciation for the work, which has gone into the fire code, and making sure, the stakeholders had a part in reviewing and commenting on the code. She also encouraged the Council to invite the stakeholders to the table during any future code changes. Christine Daniel, the new Executive Director of the Port Orchard Chamber of Commerce, introduced herself, mentioning she will represent the community to the best of her capacity, and will be getting the word out about Port Orchard. 3· APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to move items 7H Discussion: Approval to Expend Funds for an Economic Development Work+Life Video and 7I Discussion: Changing Plan of Government and City Classification, to the first of the Business Items. Upon vote, the motion passed unanimously. Councilmember Lucarelli announced she would leave the meeting at 9:00p.m. Upon vote, the main motion, as amended, passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check No's 59862 through 59941 in the amount of $1,521,347.35 B. Approval of June 11, 2013, Council Meeting Minutes C. Approval of Public Event Applications: -National Night Out -Celebrate Life 5K and Walk for Life Minutes of June 25, 2013 Page 2 of 11 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 A. Changing Plan of Government and City Classification Mayor Matthes opened the Public Hearing at 7:06 p.m. Bek Askby thanked the council for holding a Public Hearing on the concept of a city manager and the change to a code city. She asks what in the current structure of our City warrants the exchange of our elected mayor to a hired manger. It is important that the public knows the reason for wanting to make the change. What is the desired result from the change? The public has been given a concept, and no end r esult has been d efined. She invites the Council to develop a job description for the city manager, and separate the two roles of the city manager and the mayor. She urged the Council to consider finding out more information on what they are looking for in a city manager and present these findings to the public. She believes the two issues for city manager and code city are separate of each other, and would like to see them independently on the ballot measure. Greg Wall stated he would vote for the change to a code city, but does not know on the city manager change. He wants to be able to vote on these separately. He says the city manager is an expensive proposition, and asks what is the problem with the current system that it needs fixing, and if there are problems, could they be solved in a cheaper fashion . He would like to see qualifications for a city manager. Kathy Michael is not opposed to a change from a second-class city to a code city, but this is a much bigger change than that. When this was first brought up several years ago, it was to consider changing the classification of the City from second class to code city, and the governance of the city would remain the same. The proposal before us now will change both, and she is left wondering what is it they are trying to fix. The citizens need know what the cost is, and where the money is coming from . Will they see increased taxes since the city manager's salary is double the current mayor's? She further asks each Councilmember to inform the public of their personal position and their specific reasons for supporting, or not supporting, the city manager issue. Brian Pietro said when you give up and go to the city manager form of government, the council is giving up a lot of personal power. Our government was set up for citizens who wanted to run the government. The mayor works with the council as a team, and as a team, citizens run the government in Port Orchard. He urges the Council to not lose faith in the current form of government. Gary Campbell noted he read the frequently asked questions, indicating why we need to do this, but he asks why now; and is this reversible, if something comes up and we do not like this change. Minutes of June 25, 2013 Pa e ofn In response to Mr. Campbell, Mayor Matthes noted that yes, it is reversible, and would take a vote of the people. Gerry Harmon sees the Council going forward with this idea, but they have not done any planning. She will not vote for a code city if it is tied with the city manager measure. She went on the internet to seek qualifications of a city manager. She would also like to know what the Council's requirements are for a city manager. She further asks where the money is coming from, since the funds will be in the form of a tax raise. Ron Johnson discussed RCW 35, 'Code for Second Class Cities' which talks about the responsibilities of the council, mayor, and appointed officers. He also mentioned Port Orchard Municipal Code Chapter 2.08.010, which discuses what City officers are appointed. In order to remove, or appoint, those key positions, it is subject to confirmation by the council. However, RCW 35.23.021 states the Mayor shall appoint, and at his/her pleasure, may remove all appointing officers. He states this is what went wrong with the City of Pacific. The mayor did not communicate with the Council and fired key employees, and tried to fill positions with people the Council did not agree with. Now the City is facing lawsuits, and may be disenfranchised. He further mentioned the mayor, as an executive officer, has tremendous authority. He does not know if going to a code city would change that balance and allow City ordinance to take precedence over the State. Gil Michael mentioned at the last Council meeting, the code city/city manager issue, he talked about the three branches of government and why it was established it this way. The code city/city manager proposal would essentially do away with the checks and balances of a strong mayor elected by the citizens. Only four Councilmembers would be able to pick a city manager, and citizens would have no say in the decision. The real question, besides how will we pay for this, is why some of you are trying to change this City and another issue is the competence to manage the City. Loretta Jacobs reiterated the voting public should know the expenses involved and the pros and cons of having a city manger instead of a mayor. She noted there are many cities that currently have a city manager who are not happy. Mayor Matthes said the voters hired him for a four-year contract and he believes they are the ones that should cancel the contract. In addition, there is very little broken here, and if it was, staff would be working hard to fix it, as they are the people who really run the City. We are in great financial shape, and we will stay in great shape as long as we have good staff. . Lastly, his total cost is $74,000 per year with benefits; and a city manager's salary would cost 2 112 to 3 times more, not taking into account a lot of them want a full time assistant and/or a car. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:52 p.m. B. Six-Year Transportation Improvement Program Annual Update Public Works Director Mark Dorsey presented the staff report, noting based on Washington State Department of Transportation requirements, cities are required to submit their six-year transportation improvement plan (TIP) annually. This document is required to be financially constrained meaning that project funding (either secured or planned) must be realistic based on the City's budget. The City has created a two-tier system for the TIP in which the first tier will be submitted and the second tier would be an in-house project list. The City has transportation Minutes of June 25, 2013 Pa e ofu needs that include upgrading its street and pedestrian facilities and providing maintenance activities on its streets and sidewalks. Federal and State funding, for the most part, is available on a very competitive basis. The City has to look at innovative ways of funding transportation shortfalls such as forming Local Improvement Districts (LIDs), by which residents agree to tax themselves to do these improvements or Transportation Benefit Districts. More discussion on this issue will be part of the City's upcoming budget preparation. Mayor Matthes opened the Public Hearing at 7:53p.m. In response to Bek Ashby, Public Works Director Dorsey noted the reason the Bethel Corridor is not listed as a Tier 1 project is that it is a forty-two million dollar project. They have been working on interim repairs on the Bethel Corridor for 2013-2014. In 2015, they will be looking at the County's design to see if it is the way they would like to go. illtimately, this will be broken down into smaller pieces. In response to Greg Wall, Public Works Director Dorsey stated how the current Bethel plan prepared by the County moves forward is a policy decision. The city council and the mayor are going to have to make some tough decisions on if a five-lane plan is the best use of what limited funding we might get for that corridor, as opposed to a more efficient roadway system. There are parts of the plan, which are very viable, and others that need to be re-visited. Since the Bethel annexation, there have many new changes in how we receive federal funding. In response to Gil Michael, Public Works Director Dorsey said Prospect Alley is an alley, and so it does not meet the qualifications under the transportation improvement program. There being no further testimony, Mayor Matthes closed the Public Hearing at 8: oo p.m. 7· BUSINESS ITEMS A. Discussion: Changing Plan of Government and City Classification Councilmember Putaansuu said if we are going to put this measure on the ballot in November, they would need to direct staff to do so for their July meetings. For him, this is about professional management as it would be a more efficient way to operate our City. He supports this being on the ballot with the code city change as one measure. Councilmember Childs is for it, as he believes we are at a crossroads where we have many projects recently and that demonstrates the future of Port Orchard and what is going to happen. Consistency of governance is what we need, and we need a professional manager to bring forth funding and project ideas, and to work with the council. Councilmember Clauson reminded the Council that what the council is deciding tonight is whether the voters get an opportunity to express their opinion and he thinks it is worth the one or two thousand dollars to allow the citizens to express their opinion. Currently, we have a mayor who makes the decisions to hire or fire department heads. You only get the opportunity to change the mayor every four years. Additionally, he has had the opportunity to work with five mayors in his term as councilmember. Every mayor who has come into office has gone through department head changes. There is a cost to the city every time you change department heads. Lastly, there is not Minutes of June 25, 2013 Pa e ofn anything necessarily within the City that needs to be fixed, but there is an opportunity to look at professional management. Councilmember Chang said he has worked with three mayors, and of the two, they worked collaboratively with the Council. When the effort was not positive, it did not occur to him that the solution to the problem would be to eliminate the mayor position. In addition, the City of Tacoma has a city administrator as well as an elected mayor; it depends on what is wanted collectively and what is to be funded. Lastly, he questions the ballot measure being proposed, but does support the voters having input; stating the measure going before the voters, is flawed. In response to Councilmember Clauson, City Attorney Jacoby stated Council would need to take action no later than the second meeting in July. The deadline for providing the County with resolutions that are going to be on the ballot measure is due August 6. After a brief discussion, Council directed staff to place a draft resolution on the July 9, 2013, agenda, for changing plan of government and city classification on the November ballot for further review. Councilmember Powers said the big question is if we want this on the ballot. We are not here tonight to hear if anyone is for or against it. She also has concerns when the public brings questions the Council does not respond to them directly. She if for putting it on the ballot, but would like them separated. In response to Councilmember Chang, City Attorney Jacoby will provide a summary indicating what the time lines would be if the two questions were presented separately on the same ballot versus them being put on the ballot at separate times, at the next Council meeting. B. Discussion: Approval to Expend Funds for a Economic Development Work+ Life Video Councilmember Clauson spoke to this issue saying it was discussed at the Finance Committee and it was recommended to use general funding money for this video. We would have exclusive rights to the video and it would be available on the City's and KEDA's website, as well as any other website we would like. After a brief discussion, Council noted no Councilmembers would be featured in the video, as it is used to promote businesses and different areas in Port Orchard. In addition, the video could feature areas outside of City limits, such as Jackson Park. Councilmember Powers CALLED for the question. Upon vote, motion passed unanimously. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to authorize the Economic Development and Tourism Committee to work with KEDA to craft the script and start shooting the video. Upon vote, the motion passed unanimously. Minutes of June 25, 2013 Pa e6 ofu C. Adoption of Ordinance No. 011-13, Amending Port Orchard Municipal Code Section 15.04.010 Building Codes, Repealing Chapters 15.08 and 15-44 Development Director Bond presented the staff report, noting the Washington State Building Code Council periodically adopts revised building codes. As such, on November 9, 2012, the Washington State Code Council voted to adopt the 2012 Edition of the International Building Code, the International Mechanical Code, the International Fuel Gas Code, the International Residential Code, the International Energy Code, the International Existing Building Code, and the 2012 Uniform Plumbing Code with an effective date of July 1, 2013. Ordinance No. 011-13, adopts the new edition of the codes in order to comply with RCW 19.27.031. The ordinance provides that the new codes will become effective on July 1, 2013. This matter was continued from the June 11, 2013 Council meeting to tonight's meeting. The motion on the floor is to adopt Ordinance No. 011-13, amending Port Orchard Municipal Code Section 15.04.010 Building Codes, Repealing Chapters 15.08 and 15·4· Please note that the draft ordinance has been revised to eliminate any changes to fence permitting height requirements. If approved, fences over 6 feet in height would continue to require a permit. Council has the option of increasing the threshold for fence permitting requirements to 7 feet however, that would create inconsistencies with POMC 16.40.120 and administrative challenges. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 011-13, amending Port Orchard Municipal code section 15.04 2012 Building Codes and repealing Chapter 15.08 and 15.44, effective July 1, 2013. Councilmember Clauson called for point of order. Councilmember Clauson noted there is already a motion on the floor. Councilmember Chang, with the concurrence of the second Councilmember Putaansuu, WITHDREW his motion. Upon vote, the motion passed unanimously. D. Adoption of Ordinance No. 012-13, Amending Port Orchard Municipal Code Section 15.12 2012 Fire Codes Development Director Bond presented the staff report, noting that the Washington State Building Code Council periodically adopts revised fire codes. As such, on November 9, 2012, the Washington State Code Council voted to adopt the 2012 Edition of the International Fire Code with an effective date of July 1, 2013. Ordinance No. 012-13, adopts the new edition of the code in order to be in compliance with the State. The Council at its June 11, 2013, meeting approved a motion to reconsider Ordinance No. 012-13, which was originally approved at the May 28, 2013, meeting. That ordinance, now being reconsidered, was then postponed to this meeting. The ordinance presented has been modified from that which was approved on May 28, 2013, and ensures that the City's fire sprinkler Minutes of June 25, 2013 Pa e ofn requirements from Group A, B, F, M, R, and S do not change. Staff believes these changes adequately address the concerns expressed by the Home Builders Association. The motion on the floor is to adopt Ordinance No. 012-13, amending Port Orchard Municipal Code Section 15.12 Fire ·Codes. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 012-13, Approving the Memorandum of Understanding No. 061-13, Between the City, the Police Guild, and Dale Schuster Regarding Unused Sick Leave and Holiday Leave Police Chief Marti presented the staff report, noting that on May 19, 2013, Sergeant Dale Schuster terminated his employment as a Police Sergeant to accept the position of Police Commander. Because the Sergeant position is subject to the Collective Bargaining Agreement and the Commander position is a supervisory/exempt position, certain issues have arisen regarding Officer Schuster's benefits. A Memorandum of Understanding has been prepared to document the parties' agreement. The City is proposing to cash out 400 hours of Officer Schuster's unused sick leave and make payment directly to his medical health/voluntary employees' beneficiary association account ("HRA/VEBA''). See Collective Bargaining Agreement between the City and Guild (Section 12.1.2 - Sick Leave Buy Back). It is also recommended that the balance of his remaining 563 hours of unused sick leave and 96 hours of Police holiday leave be carried forward in his position as Police Commander. Doing so will ensure that Officer Schuster does not have to start his new position with zero accrued sick leave and holiday leave. However, consistent with the City's Personnel Policies Manual, the proposed agreement provides that upon separation of employment, none of these hours will be subject to "cash out." Finally, all city employees are entitled to "cash out" their unused vacation leave when they separate from City employment. Officer Schuster has requested that he be allowed to carry forward his unused vacation leave of 232 hours, rather than receive a cash payment and start his new position with zero vacation. Further, after three years of service, police offers do earn extra vacation hours. Officer Shuster has been here since 1984, and has agreed to relinquish eighty hours of bonus leave, which was previously earned. Councilmember Putaansuu thanked Chief Marti for his hard work, and Commander Schuster for his willingness to work with the Chief on this agreement. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 012-13, approving the Memorandum of Understanding No. 061-13, between the City, the Port Orchard Police Guild and Dale Schuster regarding his unused sick, holiday and vacation leave, and authorize the Mayor to sign said agreement. Upon vote, the motion passed unanimously. F. Adoption of Resolution No. 014-13, Accepting a Donation of Public Art from an Anonymous Source Minutes of June 25, 2013 Pa e8 ofu Development Director Bond presented the staff report, noting Port Orchard has been offered a donation of public art from an anonymous source to serve as a veteran's memorial. The sculpture was created by a local artist, Karsten Boysen, and is titled "Nike". Nike refers to the Greek goddess who personifies victory. The Public Properties Committee and City Council at study session has previously discussed the proposal. In response to these discussions, a resolution has been drafted to conditionally accept the donation with a location and installation date to be determined at a future time. The artist has indicated that he would be willing to store the piece and install it once the city has selected a location. In response to Councilmember Powers, City Attorney Jacoby noted if the artist could no longer store the sculpture, the city would need to find an alternative place to store until it was ready to be installed. In response to Councilmember Chang, Mr. Boysen said he would like to install the art as soon as possible, but he understands this could take time to work out. No place has been determined yet for a location, but he would say three to six months would be his expection of the art being place in the City. Development Director Bond stated a student intern who worked for his department last summer, will be doing a project to help the city find different locations for the sculpture. Councilmember Chang is grateful to the artist, but is concerned about the resolution being so open ended with no dates. In response to Councilmember Chang, Mr. Boysen said the idea is to give honor to those who have served in our military and to those who have given their lives for our country. Originally, the art was proposed to be placed just outside of City Hall. When the committee suggested other options, he mentioned the round-a-bout and also near the veterans memorial by the marina park. He is willing work with the City's timeline and possible name change of the art. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion adopt Resolution No. 014-13, accepting a donation of public art from an anonymous source. Upon vote, the motion passed with unanimously. G. Adoption of Resolution No. 015-13, Adopting the Six-Year Transportation Improvement Plan Public Works Director Dorsey presented the staff report, noting City Council held a Public Hearing earlier this evening, as required, to hear testimony regarding the Six-Year Transportation Improvement Program for the Years 2014-2019. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 015-13, adopting the Six-Year Transportation Improvement Program for the years 2014-2019. Upon vote, the motion passed unanimously. H. Approval of Contract No. 062-13, Authorizing the Mayor to Execute an Interlocal Agreement with the South Kitsap School District and Acceptance of a Sanitary Sewer Easement Regarding Cedar Heights Junior High Minutes of June 25, 2013 Pa e ofu Public Works Director Dorsey presented the staff report, noting as required for the purpose of constructing a future sanitary sewer pump station for capacity relief associated with the City's Joint Planning Area (Sedgwick/Sidney residential & commercial JPA); and in coordination with the sidewalk, sanitary sewer, and storm drainage improvements associated with the City's federally funded Cedar Heights Junior High Sidewalk project, the South Kitsap School District School Board has approved a Sanitary Sewer Pump Station Easement by Resolution. In addition, an Interlocal Agreement has been developed to ensure mutual understanding between the City, the District and the Development Community in regards to "in lieu of considerations" for the easement and pump station design specifications. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to accept and execute on behalf of the City a Sanitary Sewer Pump Station Easement and Interlocal Agreement No. 062-13. Upon vote, the motion passed unanimously. I. Approval of Supplement No.3 to Contract No. 081-11, Authorizing the Mayor to Execute an Agreement with Exeltech Consulting, Inc. for the Cedar Heights Junior High School Sidewalk Project Public Works Director Dorsey presented the staff report, noting in 2005 the City of Port Orchard received Federal Highway Administration (FHW A) funding to install sidewalks on the west side of Pottery Avenue in front of Cedar Heights Junior High School. In 2011 the City used remaining FHWA funds to contract with Exeltech Consultants, Inc. to re-design this project. In 2012 the City received a DOE Stormwater grant, as well as additional FHWA grant funding to complete there- design, including the addition of sanitary sewer and storm drainage improvement, and to complete the construction. The project is now fully funded, the construction contract is issued and the Work has now commenced. Supplement No. 3 provides compensation to ExelTech Consultants, Inc. for the additional design work associated with the addition of storm drainage and sanitary sewer improvements to the project. The initial $6,200.00 spending authority and work authorization was provided previously under the Public Works Directors consent and with change order authority. This evening's Council action provides for the administrative execution of the WSDOT Supplemental Agreement. Councilmember Powers MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Supplement No. 3 with Exeltech Consulting, Inc. in an amount not to exceed $6,200 for the Cedar Heights Junior High School Sidewalk Project. Upon vote, the motion passed unanimously. 8. COMMITIEE REPORTS Councilmember Clauson reported the Finance Committee would meet July 19, 2013, 7:30a.m. at the Family Pancake House. Councilmember Childs reported the Economic Development & Tourism Committee will meet July 10, 2013, at the boardroom of Kitsap Bank; attended the Skate Park Grand Opening; met with Jim Civilla with the Rotary Club to look for possible places for projects near the waterfront; and Minutes of June 25, 2013 Pa e 10 ofu received an email from KEDA who is looking for 20,000 square feet of space for a potential employer. Councilmember Putaansuu reported the Utilities Committee will meet July 15, 2013, 7:30 a.m. and the Sewer Advisory Committee will meet July 17, 2013, 6:30p.m. at WSUD. Councilmember Powers reported the Public Properties Committee would meet July 9, 2013, S:oo a.m. at the Homemade Cafe. Also attended the KRCC meeting, where they discussed a $6oo,ooo grant. Councilmember Chang reported for the Lodging Tax Advisory Committee, City Clerk Rinearson would be sending letters to the hotels to see which of them would like to participate on the Committee. Should have something for the Council the second meeting in July. Councilmember Colebank reported he attended the PSRC Transportation Policy meeting in Seattle on June 13, 2013; attended the PRTPO meeting on June 21, 2013 in Blyn; and attended the ribbon cutting for the Kitsap Regional Skate Park. 9· MAYOR'S REPORT Mayor Matthes reported he attended the Kitsap Regional Skate Park opening; Fathoms 0' Fun Festival starts on June 28, 2013 and will feature food and entertainment; the Grand Parade starts on Saturday, June 27, 2013; and Wave Broadband is sponsoring the fireworks show on July 4, 2013m, down by the Gazebo. to. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey noted the poles are now gone and weather depending the concrete work is scheduled for next Friday; the compass rose design is at 90% and will be presenting it to Council and going out for bid; the Well No. 9 is in the middle of start up; Bay Street is 90% paved for the DeKalb Pier project and the current plan is stripe the street and get the street open; Segment No. 2 has a contract issue with Pan Arctic and should come and finish the project; and the Cedar Heights Sidewalk Project is moving forward. Treasurer Martin reported he has enjoyed working with Public Works Director Dorsey on the DeKalb Pier project. He also thanked everyone and he noted he loves being involved in government in all levels, and is moved by the citizens who come in and articulate their positions. Development Director Bond reported he has been in contact with his counterpart at Kitsap County regarding the Joint Land Use Study; and received the comprehensive plan amendments, which will be going before the Planning Commission. 11. CITIZENS COMMENTS Jerry McDonald stated he had mentioned to the Council about going over to Seattle and speaking to them about the sports teams and the foot ferry. He went to Safeco Field and he mentioned the City was looking for sponsorships and he should hear back soon. Minutes of June 25, 2013 Page u ofu Roger Zabinski, Commissioner with the Port of Bremerton, appreciates the positive working relationship with the City of Port Orchard, and is working on marketing and tourism for economic development. He trying to put together a marketing committee jointly with the Port of Bremerton, City of Bremerton, and the City of Port Orchard. He is hoping to have a kickoff meeting later in July. Brian Pietro said the mayor's job is not an all-powerful job. He sits with the council, and they need to work as a team. That is when we will get good, citizen run government. Gerry Harmon feels in the past year the Council has done a 180 compared to our previous m ayo r, and she is embarrassed as to the way the Mayor has been treated by the Council. Mentioning that the previous Mayor had fired several department heads and the Council did nothing. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT At 9:38 p.m. Mayor Matthes adjourned the meeting. ~~ Br~, City Clerk '~i~ Timothy C. att es, Mayor