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05/10/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May to, 2011 t. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tern John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. Deputy City Clerk Rinearson, Treasurer Martin, Public Works Director Dorsey, Administrative Assistant Dennison, and City Attorney Jacoby were also present. A. Pledge of Allegiance Andrea Archer led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Councilmember Childs informed the Council that his grandson Grant, who is doing a class project with 'Flat Stanley', would like a picture of the Council and Mayor with 'Flat Stanley'. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55506 through 55594 in the amount of $278,650.79; April's Payroll Warrant Nos. 143755 through 143830 in the amount of $704,718.63; and Treasurer's Check Book in the amount of $1,795,333.91 B. Approval of the April19, 2011, Work Study Session Minutes C. Approval of the April26, 2011, Council Meeting Minutes D. Setting Meeting for Work Study Session to May 17, 2011, at 7:00p.m. at City Hall Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION No presentations were held. 6. PUBLIC HEARING Minutes of May 10, 2011 Page 2 of7 A. Changing to Non-Charter Code City, Mayor/Council form of Government City Attorney Jacoby presented the staff report, noting that at several prior meetings the City Council has considered the question of whether to reclassify the City of Port Orchard as a non-charter code city governed by Title 3sA RCW rather than continue as a second class city governed by Title 35 RCW. A representative from the Municipal Research and Services Center attended the April Work Study Session and provided the City Council with a summary of the differences between a non-charter code city and a second class city. The process for reclassification was also discussed. Although some members of the public were present at the April Work Study Session, the Council requested that a public hearing be noticed and held at the first meeting in May so that the public would have an additional opportunity to provide comment. Mayor Coppola opened the Public Hearing at 7:04p.m. Gil Michael addressed the Council with questions and concerns regarding changing Port Orchard to a Cody City, and also inquired if the City would have a public information meeting for the public to ask questions and voice concerns. Chris Henry with the Kitsap Sun, asked the Council if this was a binding vote or an advisory vote. City Attorney Jacoby replied that this would be a binding vote. Gerry Harmon would like to encourage other means of communication between the City and the citizens in the form of emails or letters in the water/ sewer bills. Mayor Coppola closed the public hearing at 7:30 p.m. Councilmembers Putaansuu, Powers and Chang favored allowing for additional public hearings for citizens to comment and ask questions related to changing to a Non-Charter Code City; and to postpone a decision on this matter to the May 24, 2011, meeting. Councilmembers Powers, Childs and Olin opposed the City putting this matter on the November ballot unless the citizens presented a referendum petition. Mayor Coppola opined that by adopting the Resolution, nothing would change in the way the City is currently doing business and favored postponing the matter to the May 24, 2011, meeting to allow citizens the opportunity to ask questions. Minutes of May 10, 2011 Page 3 of7 Councilmember Clauson favored two additional public hearings, one at the May 17, 2011, Work Study Session and one at the May 24, 2011, meeting and stated he would support the change in classification. 7. BUSINESS ITEMS A. Adoption of Resolution No. 014-11, Declaring the Intent of the City Council to Adopt the Classification of Non-Charter Code City and to be Governed by the Provisions ofTitle 35A, Revised Code of Washington City Attorney Jacoby presented the Staff Report, noting that Resolution No. 014-11 is the first formal step in the process of reclassifying the City of Port Orchard as a non-charter code city governed by Title 3sA RCW rather than continuing as a second class city under Title 35 RCW. Reclassifying the City as a non-charter code city will not change the City's plan of government, which will remain a mayor/council form of government. Upon passage of the Resolution, the City Clerk will publish the Resolution at least once in the City's newspaper of record not later than ten (10) days after passage. Publication of the Resolution triggers a go-day referendum period. During that time, a referendum petition may be circulated to and signed by qualified electors. If a referendum petition is signed by qualified electors in number equal to not less than ten percent (10%) of the votes cast in the last general municipal election, then the Resolution of Intent will be referred to the voters for approval or disapproval at the next general municipal election. If a timely and sufficient referendum petition is not filed by the end of the go-day referendum period, then the City Council, at its next regular meeting, shall pass an ordinance adopting the classification of non-charter code city. The reclassification will take effect five (5) days after publication of the ordinance and upon filing a certified copy of the ordinance with the Secretary of State. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 014-11, Declaring the Intent of the City Council to Adopt the Classification of Non-Charter Code City and to be Governed by the Provisions of Title 35A, Revised Code. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to postpone the adoption of Resolution No. 014-11, to the May 24, 2011, regular Council meeting. Upon vote, the motion passed with four affirmative votes and three dissenting votes. Councilmembers Childs, Colebank, and Olin cast the dissenting votes. Minutes of May 10, 2011 Page 4 of7 B. Adoption of Resolution No. 015-11, Delegating the Authority to the Public Works Director and Signing Authority for Annual Reports to the Assistant City Engineer for the NPDES Permit with the Department of Ecology Public Works Director Dorsey presented the staff report, noting that as part of the National Pollutant Discharge Elimination System (NPDES) permit for storm water, all applications, reports and information submitted to the Department of Ecology (Ecology) must be signed by the City's ranking elected official or an authorized representative. In April of 2009, Council passed Resolution No. 029-09, authorizing the Assistant City Engineer to be the duly authorized representative to sign the Annual Reports. Authorizing the Public Works Director to sign other reports and information relating to the NPDES permit, except for application renewals or annual reports, will allow the Department to operate efficiently and effectively to respond to Ecology's requests in a timely manner. Updates regarding correspondence and communication with Ecology would still come forward at Council's discretion with a synopsis of the content. Councilmember Chang MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 015-11, Delegating the Authority to the Public Works Director and Signing Authority for Annual Reports to the Assistant City Engineer for the NPDES Permit with the Department of Ecology. Upon vote, the motion passed unanimously. C. Authorization for the Mayor to Purchase Equipment with Department of Ecology Stormwater Capacity Grant No. G1100084 Public Works Director Dorsey presented the staff report, noting that the City signed a grant agreement with the Washington State Department of Ecology (Ecology) in September 2010 under Ecology's FY2011 Municipal Stormwater Capacity Grants Program. Under this agreement the City received $98,839 of grant funding with no City match required. The City decided to purchase a skid steer and mini excavator to facilitate the Public Works Crew to begin performing some of the City's own pond maintenance. The City requested bids for Caterpillar, Case, Kubota and John Deere equipment and a trailer to transport the equipment. Caterpillar and John Deere are part of the State Bid List, and bids were received using the state bid criteria. Staff reviewed the quotes received and determined that John Deere had the best price for the amount of equipment provided. John Deere is sold by Pape Machinery in Fife and was the company who provided the quote. Staff priced state bid as well as non-state bid with John Deere and Caterpillar and determined the state bid with John Deere was the lowest responsible bid. The price, including tax, for the skid steer is $55,597.55, for the mini excavator is $51,313.50, and for the trailer to transport the equipment is $9,149.55. Mr. Dorsey also stated that the balance of the funding which is $17, 221.66 needed to purchase these items, will need to come from the Storm Drainage Utility Budget. Minutes of May 10, 2011 Page 5 of7 Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to authorize the Mayor to purchase equipment with Department of Ecology Stormwater Capacity Grant No. Gttooo84. Upon vote, the motion passed unanimously. 8. REPORTS OF COUNCIL COMMITIEES Councilmember Childs reported that the Tourism and Economic Development meeting will be meeting on May 11, 2011, with discussion relating to the Port of Bremerton and the City of Bremerton regarding foot ferry services on Sundays; the VFW's desire to put a Veteran's wall in Port Orchard; the first Chimes and Lights discussion will be held; and Melinda Lee will be attending the meeting to discuss signage. Councilmember Colebank reported that several Councilmembers and the Mayor attended the annual Shop SK First Pancake Breakfast at Ace Hardware; and that Councilmember Childs and Commissioner Garrido, along with himself, toured the Safeboat Facility, as well taking a ride on one of their boats. Councilmember Clauson reported that the Finance Committee met and discussed several things, including how the sales tax is flowing; budget amendments before the end of the year; community events; and that the next meeting will be held on June 2, 2011 at 7 a.m. at Myhre's. Councilmember Olin reported that the Public Property Committee met and discussed several things including the requirements for the kiosk at McCormick Village Park, which is now in the hands of the lawyer as far as the lease; a port-a-potty to be placed at the Paul Powers Park; dealt with two leases that are up for renewal; moved a signage issue relating to the new dealership to the next work study session; reviewed the Library's plan for a metal roof that will bring the project in under budget; and reviewed the Parks budget with regards to insurance for playground equipment, which might have to be fixed or replaced and will be discussed at the next Planning Commission Park Committee. 9 .. REPORT OF MAYOR Mayor Coppola reported on the following: • Invited to have lunch on the USS Stennis with Mayor's Lent and Erickson along with some other guests; • Attended the South Kitsap School District Community Conversation at the High School regarding financial issues the school district is facing; • Participated in a telephone interview with KMPS radio relating to a remote broadcast in South Kitsap; • Attended the V CB roundtable; • Served pancakes for breakfast at the Shop SK First; • Attended opening day of Farmer's Market; • Joined in the downtown cleanup; Minutes of May 10, 2011 Page 6 of7 • Spoke at the South Colby Elementary School for the Main Street Program; • Attended the KRCC Executive Committee meeting; • Attended the Health District Board meeting; • Met with a representative from the City's Risk Management office; • Met with people who worked on the Bethel Corridor Annexation; • Attended the SKIA Executive Committee meeting work group; • Attended a remote broadcast with KMPS at 'That One Place' restaurant; • Attended the Finance Committee meeting; • Met with the editor of the Port Orchard Independent; • Met with owners of Thompsons Pile Driving; • Attended a Ribbon cutting at the Veterans home in Retsil for the 4-H club; • Met with a group interested in bringing a YMCA to Port Orchard; • Attended a Housing Authority board meeting; and • Met with Councilman Clauson to discuss financial issues with the City. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey announced that the rental buildings across the street from City Hall have been demolished, which is the first half of the work, and it was Staffs intent to put in a gravel parking lot during the summer. He reported that the Tremont Sewer Project went out for bid and plans will be available at the Clerk's Office, with contract work being done in June. He attended the Public Property Committee wherein the Library recommended a neutral blue/ gray color for the Library roof. He attended a meeting with Gil and Kathy Michaels regarding the Seattle Street slide repair. City Treasurer Martin announced that his staff is finishing up on the annual report to send to the State Auditor's office. City Attorney Jacoby stated that his office is working on the McCormick Woods kiosk lease as well at the Titus Ford Assignment of Lease, which will be on the May 24, 2011, agenda; and also stated that the Governor signed portions of the Medical Marijuana bill and provided a brief update on some of the changes made to the bill. Deputy City Clerk Rinearson announced that Kitsap Harbor Tours provided a cost estimate to operate Sunday Foot Ferry Services beginning Memorial Day weekend through Labor Day weekend. Depending on how many hours and the times the three entities would like to operate the ferry, would determine the cost per entity. 10. CITIZEN COMMENTS Minutes of May 10, 2011 Page 7 of7 Gil Michael thanked the Council for postponing Resolution No. 014-11, to the May 24, 2011, regular Council meeting. David Jones with Kitsap Community gave an update on the fiber optic cable install, and asked the Council if they had any questions. Councilmember Olin MOVED and Councilmember Childs seconded the motion to excuse Councilmember Clauson from the May 24, 2011, City Council Meeting. Upon vote, the motion passed unanimously. 12. EXECUTIVE SESSION At 8:16 p.m. Mayor Coppola recessed the meeting for a 20-minute executive session regarding potential litigation/real estate matters 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 8:29p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 8:29p.m. Mayor Coppola adjourned the meeting. ~ . :LL:l:A~ :;> Brandy inearson, Deputy City Clerk I i