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03/26/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 26, 2013 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. Public Works Director Dorsey, City Treasurer Martin, Acting Development Director Bonsell, Police Chief Townsend, Police Commander Marti, Associate Planner Haro, City Clerk Rinearson, Office Assistant II Floyd, and City Attorney Jacoby were also present. A. Pledge of Allegiance Vivian Henderson led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Nicole Vaught voiced her concern about having a hard time hearing and understanding the Council at their work study sessions and asked them to face the public and use their microphones, as they work for the public. 3.APPROVALOFAGENDA The following item was moved from Consent Agenda to Business Items: • Adoption of Ordfuance No. ooS-13, Amending Municipal Code Chapter 13.04 "Water and Sewers" by Increasing Certain Water/Sewer Charges and Fees The following item was added to Business Items: • Confirming Mayoral Appoinbnent to the Planning Commission Councilmember Chang MOVED and Councilmember Colebank seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check No's 59335 through 59378, in the amount of $260,931.20 B. Adoption of Ordinance No. 006-13, Abolishing the Payroll Fund and Claims Fund as Established in Ordinance No. 722 C. Adoption of Ordinance No. 007-13, Amending Municipal Code Chapter 3.06 "Storm Drainage Utility" Changing Language to Reflect Lien Fee Cost as Determined by the Kitsap County Auditor D. Adoption of Ordinanee No. oo8 13, frmending Municipal Code 13.04 'Vlater and 8vners" by Inereasing Certain ·v.raterj8vNer Charges and Fees Minutes of March 26, 2013 Page 2 of 8 E. Adoption of Resolution No. 002-13, Authorizing the Surplus of Two Seized Vehicles F. Approval of Public Event Application: 17th Annual Cruisin' Car, Truck and Bike Show The following item was added to the Consent Agenda: • Excusal of Councilmember Powers from the April 9, 2013, Council Meeting Councilmember Chang MOVED and Councilmember Clauson seconded the motion approving the Consent Agenda, as amended. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: 2013 World Wide Parkinson's Awareness Month Ms. Henderson thanked the Mayor and Council for their support and spoke briefly about Parkinson's Awareness Month. B. Fathoms 0' Fun -Introducing the Royal Court Helene Jenson thanked the Mayor and Council for letting her introduce the new Royal Court, mentioning they had to compete in a pageant, give speeches to different organizations, and perform in a talent competition. Delaney Triplett, Ambassador for the 2013-2014 Royal Court, invited the Mayor and Council to the Easter Egg Hunt at the South Kitsap Regional Park on Saturday, March 30, 2013. Alyssa Josephsen, Princess for the 2013-2014 Royal Court, invited the Mayor and Council to the Murder Mystery Weekend and the Seagull Calling Contest Memorial Day weekend, in which all of the Royal Court will be competing in. Carly Fulbright, Princess for the 2013-2014 Royal Court, invited the Mayor and Council to the Concerts by the Bay every Thursday evening during the summer. Aaron Thomas, King of the 2013-2014 Royal Court, invited the Mayor and Council to the Fathoms 0' Fun Grand-Parade ana. Summer Festival from June 28 through June 30, 2013. C. West Sound Utility District 2012 Achievements by Michael Wilson Michael Wilson, General Manager of West Sound Utility District and Randy Screws, Plant Manager, gave a presentation for their 2012 Achievement Reports, which included: • Operations & Maintenance Achievements: -Community Wastewater Education; -Grant Funding; -Miscellaneous Revenue; -Satellite System; Minutes of March 26, 2013 Page 3 of8 -Department of Ecology 2012 Outstanding Operations Award; -Membrane Bioreactor System (MBR); -Solids Handling; -Primary Clarifiers; -Biosolids; -Energy Conservation; -NPDES Permit; and -Air Filtration. · • Capital Project Achievements which included: -Air Filtration; -Disk Thickener; -Instrumentation Upgrades; -Secondary Clarifier Coatings; -Grit Classifier; -HV AC Modification; -Booster Pumps; and - Lighting Project. • SKWRF 2013 Objectives/Challenges: -Provide Prudent, Efficient, Cost-Effective Management and Operation of Wastewater Treatment Facility; -Class A Biosolids; and -Reclaimed Water Program/MER System. Mr. Wilson further explained they provide a water quality level that is in excessive of what is required by the Department of Ecology. In response to Councilmember Lucarelli, Mr. Wilson noted they adopted a two year budget and they are not looking at any additional rate increases in the next two years. In response to Councilmember Powers, Mr. Screws responded the Class A Biosolids process they have does not have the capacity to take all the solids produced in the plant and turn them into Class A. In response to Councilmember Chang, Mr. Screws stated biosolid material is very wet, sloppy, and very hard to incorporate. It is also very heavy to haul. EXECUTIVE SESSION At 7:50 p.m., Mayor Matthes recessed the meeting for a 20-minute executive session regarding personnel matters and potential litigation in accordance with RCW 42.30.110(1)(g). City Attorney Jacoby, Police Chief Townsend, Acting Development Director Minutes of March 26, 2013 Page4of8 was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:12p.m. Mayor Matthes extended the executive session for an additionals minutes. At 8:17p.m. Mayor Matthes extended the executive session for an additionals minutes. At 8:21 p.m. Mayor Matthes reconvened the Council meeting back into regular session. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 005-13, Adopting the 2013 Port Orchard Shoreline Master Program Update Associate Planner Haro presented the staff report, noting since 2009, Planning staff has been working with the Department of Ecology, citizens, the Planning Commission, Tribes, and other local governments to prepare the Shoreline Master Program update, in accordance with RCW 90.58 and WAC 173-26. On June 12, 2012, City Council unanimously recommended approval of Resolution No. 009-12, directing staff to forward the Shoreline Master Program document for approval to the Department of Ecology. On January 11, 2013, Mayor Matthes received a letter, dated January 7, 2013, granting conditional approval to the Shoreline Master Program update. The approval was conditional upon making 14 required changes that were outlined in a matrix attached to the letter. The Mayor sent a letter to the Acting Director of the Department of Ecology on February 1, 2013, asking for more time so that Council could be consulted as to the desired course of action. On February 19, 2013, at the City Council Work study session, Council directed staff to make the required changes and submit them for approval at a regular Council meeting. At the March 12, 2013 regular City Council meeting, City Council approved the required changes to the SMP by vote, and directed the Mayor to notify the Department of Ecology that the required have been accepted. In a letter dated March 13, 2013, signed by Mayor Matthes, was sent to the Acting Director of the Department of Ecology notifying them of Council action. In a letter dated March 14, 2013, Peter Skowland of the Department of Ecology sent a letter to Mayor Matthes indicating that final approval of the Shoreline Master Program has occurred, and that the effective date of the revised Shoreline Master Program, would be fourteen days from the date of the letter; March 28, 2013. Minutes of March 26, 2013 Page 5 of8 The purpose of this agenda item is to approve the ordinance, which will officially adopt the updated Shoreline Master Program. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve the 2013 Port Orchard Shoreline Master Program Update, with an effective date of March 28, 2013. Upon vote, the motion passed unanimously. B. Approval of March 12, 2013, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve the March 12, 2013, Council Meeting Minutes. Upon vote, the motion passed unanimously. Councilmember Clauson abstained. C. Approval of Contract No. 036-13, Authorizing the Mayor to Execute an Agreement with ASM Affiliates for On-Call Archaeological Monitoring Public Works Director Dorsey presented the staff report, noting on the City's Public Works Department is now under contract with MVG, LLC for the construction of both the 2013 Bay Street Pedestrian Pathway Segment # 5 and the Dekalb Street Pier Phase 1 improvements. Since both of the project's construction documentation may require archaeological monitoring, as a condition of their respective Cultural Resources Assessments, staff has opted to utilize the on-call services of ASM Affiliates as they are both certified to perform work of this kind and they are very familiar with the archaeological conditions associated with the City's shoreline environment. Please note, both construction sites are located within historic waterfront fill areas, so it is not anticipated that any earth disturbing activities will disturb native materials below said fill and will therefore not require daily monitoring. This on-call contract is being established so that the City can be responsive "if' a situation arises that needs to be monitored and documented. Councilmember Lucarelli MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 036-13, with ASM Affiliates for time and material for On-Call Archaeological Monitoring for 2013 projects in an amount not to exceed $2o,ooo. Upon vote, the motion passed unanimously. D. Approval of Contract No. 037-13, Authorizing the Mayor to Execute an Agreement with KPUD for City Hall and Library Wireless Antennas Public Works Director Dorsey presented the staff report, noting the Public Utility District No. 1 of Kitsap County is requesting use of City Hall and the Port Orchard branch of the Kitsap Regional Library for wireless antenna installation at no cost to the City, except for a commitment to pay minimal annual power cost. This cost would run between $25 and $so annually. The antennas are being installed as part of a KPUD pilot project to extend Minutes of March 26, 2013 Page 6 of8 wireless internet service within the City. The agreement with KPUD is month-to-month and can be terminated at any time upon 30 days' notice. City Attorney Jacoby reminded the Council in keeping with their direction from last week, he has made only minimal changes to the agreement. Councilmember Clauson MOVED and Councilmember Chang seconded the motion to authorize the Mayor to execute Contract No. 037-13, with Public Utility District No. 1 of Kitsap County for City Hall and Library wireless antennas. Upon vote, the motion passed unanimously. 7E. Confirming Mayoral Appointment to the Planning Commission City Clerk Rinearson presented the staff report, noting Planning Commissioner Ron Rice resigned from the Planning Commission on March 19, 2013, leaving an unexpired term vacant. Annually, the City Clerk advertises the qualifications and duties of each expiring term on the various boards, committees, and commissions that have open seats. In December 2012, Ms. Tadina Crouch had expressed interest in serving on the Planning Commission, but Ms. Stephanie Bailey was reappointed for the only open position on the Planning Commission at that time. Councilmember Chang MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 004-13, confirming the Mayor's appointment to the Planning Commission as set forth in the Resolution. Upon vote, the motion passed unanimously. 7F. Adoption of Ordinance No. 008-13, Amending Municipal Code Chapter 13.04 "Water and Sewers" by Increasing Certain Water/Sewer Charges and Fees City Treasurer Martin presented the staff report, noting Section 13.04.065 of the Port Orchard Municipal provides that, separate and apart from the City Council's consideration of rate increases, certain water and sewer charges and fees shall be modified to reflect annual changes in the All Urban Consumers Price Index (CPI) for the Seattle-Tacoma- Bremerton area, unless said charges and fees have been adjusted by the City Council during the past six-month period. As the City Council has not modified the water and sewer charges and fees set forth in the body of the ordinance within the past six months, the Public Works Department and the City's Finance Department have cooperatively taken this opportunity to calculate these changes, along with correcting certain scrivener's errors discovered in the process. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to adopt Ordinance No. oo8-13, thereby amending Port Orchard Minutes of March 26, 2013 Page 7of 8 Municipal Code Section 13.04.020 by increasing certain water/sewer charges and fees to reflect annual changes in the Consumer Price Index (CPI) and by correcting certain scrivener's errors. Upon vote, the motion passed unanimously. 8. COMMITTEE REPORTS Councilmember Clauson reported the Finance Committee is scheduled to meet on April 4, 2013. Councilmember Childs reported the Economic Development and Tourism Committee is scheduled to meet on April 10, 2013; and he also attended several meetings of the Joint Waterfront Planning Committee where they discussed several possibilities for the waterfront area; and putting together a master plan with the Port of Bremerton. There is a grand opening scheduled on Labor Day weekend for the first section of the Bay Street Pedestrian Pathway. Councilmember Putaansuu reported the Utilities Committee is scheduled to meet on April 12, 2013; and the Sewer Advisory Committee is scheduled to meet on April17, 2013, at West Sound Utility District. Councilmember Powers reported the Public Properties Committee is scheduled to meet on Tuesday, Apri116, 2013. Councilmember Chang reported the Lodging Tax Advisory Committee received an update from the lobbyist regarding potential changes to the legislation; however, it has not been finalized. Councilmember Colebank reported he attended the Puget Sound Regional Council Transportation Policy meeting in Seattle on March 14, 2013. Prior to the meeting, he was invited to attend an exit conference for the financial audit of PSRC by the Washington State Auditor's Office. In August, all meetings of PSRC are cancelled due to expansion of the sound system in the meeting room. Also, PSRC will be having their annual General Assembly and Vision 2040 Awards Ceremony being held on April 26, 2013, in Seattle. 9· MAYOR'S REPORT Mayor Matthes reported on the following: • Recognized Ellen Ferguson with the Planning Department, on receiving her ICC Permit Technician certification; and • He attended the Kitsap Regional Coordinating Council meeting, but there was not enough County Commissioners to vote to put the Tremont project on the contingency list. 10. REPORT OF DEPARTMENT HEADS Minutes of March 26, 2013 Page 8 of8 Public Works Director Dorsey reported the toys at the Active Club have been assembled, and concrete is being poured tomorrow. Within the next week, this project will be finalized. Also, on April 15, 2013, there is a special PSRC meeting where we need to make sure Tremont gets moved from its current non contingent list Acting Development Director Bonsell reported building and land use permits are continuing to come in, and thanks to Ellen Ferguson, they are going out in a timely matter. 11. CITIZENS COMMENTS Jerry McDonald stated he attended the Port Commission meeting, and Commissioner Zabinski stated the Port needs to start working with Port Orchard and Bremerton. It was discussed to make this end of the ferry route a destination. He further stated that it might be beneficial for the Council to go and speak to the sports teams about receiving funding for the ferries. 12. ADJOURNMENT Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adjourn the meeting. Upon vote, the motion passed unanimously. At 8:53 p.m., Ma or Matthes adjourned the meeting. ,:t;.,--:~ {l vti~ Timothy C. M hes, Mayor