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03/13/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of March 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, Jim Colebank, Cindy Lucarelli, Carolyn Powers, Rob Putaansuu, were present and constituted a quorum. Public Works Director Dorsey, Assistant Planner Andrews, Interim City Clerk Rinearson, City Attorney Jacoby and Administrative Assistant Dennison were also present. Absent: Councilmember Clauson A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Shawn McDonald, the new publisher of the Port Orchard Independent, introduced himself to the Council, letting them know he is looking forward to working with the community. Don Manning thanked the City Attorney and the Council for scheduling the discussion regarding passing a Resolution, which supports constitutional rights for real people and not corporations, at the March 20, 2012, Work Study Session. James Geiger would like the Council to consider raising the rates for renting the facilities at City Hall to the public and to urge the people to use the paid parking spaces available to the public while renting the facilities. Council directed staff to place the review of the Facilities Use Agreement on the next Public Property Committee Meeting. 3· APPROVAL OF AGENDA Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 4.APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants Nos. 57210 through 57303 in the amount of $286,691.82; February's Payroll Warrant Nos. 144348 through 144400 in the amount of $533,768.06; and Treasurer's check book in the amount of $1,815.040.59 Minutes of March 13, 2012 Pa e 2 of7 B. Approval of the February 28, 2012, Council Meeting Minutes C. Setting Meeting Date for Work Study Session to March 20, 2012, at 7:00p.m. at City Hall D. Reappointment of Ms. Stephanie Bailey as the City's Representative to the Solid Waste Advisory Board Councilmember Colebank MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING No public hearings were held. At 7:11 p.m. Councilmember Colebank recused himself, declaring a conflict of interest. 7· BUSINESS ITEMS A. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Retsil Annexation Assistant Planner Andrews presented the staff report, noting that a Notice of Intent to Petition for Annexation was received on January 30, 2012, to annex nine parcels totaling approximately 2.22 acres, located along the north side of Beach Drive East, stretching from the City's current boundary at the intersection of Bay Street and Decatur Avenue in the west to just east of the intersection of Beach Drive and Olney Avenue E., in that portion of Section 25-Township 24 North-Range 1 East; W.M., in Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. Two parcels are designated Urban Low-Intensity Commercial/Mixed Use with Neighborhood Commercial zoning. The others are designated Urban Low-Density Residential in the County's Comprehensive Plan with zoning designations of Urban Low Residential, and include one residence, parking lots, and tidelands. One parcel is the Annapolis Ferry Dock. The annexation area borders the Joint Facility Wastewater Treatment Plant, which is currently an "island" within the City limits. The City received Notices of Intent from two property owners, representing a valuation of $215,790, which is 31.68% of the total valuation. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous Minutes of March 13, 2012 Pa e 3 of7 adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to allow the applicant to circulate a petition for annexation of the property depicted in the attached map, and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Interim City Clerk Rinearson read into the record an email from Police Chief Townsend to the Council, dated February 16, 2012, regarding Retsil Veterans Home; explain his recommendation to either not include the Veterans Home in the above annexation or to, at least, delay the annexation until 2013. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to amend the original motion by excluding the Retsil Veteran's Home's parcel from this annexation. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Upon vote, the main motion as amended passed unanimously. Councilmember Clauson was absent. Councilmember Colebank returned to the meeting at 7:23p.m. B. Approval of the February 21, 2012, Work Study Session Minutes Councilmember Colebank MOVED and Councilmember Chang seconded the motion to approve the February 21, 2012, Work Study Session Minutes. Upon vote, the motion passed with five affirmative votes and one abstaining vote. Councilmember Putaansuu cast the abstaining vote and Councilmember Clauson was absent. C. Approval of Contract No. 027-12, Authorizing the Mayor to Execute an Agreement with PND Engineers, Inc. for the Final Design & Construction Administration for the DeKalb Pier /Float Improvements Public Works Director Dorsey presented the staff report noting that as part of the 2011- 2013 Capital Budget, the City received a $679,000 Community Capital Facilities Grant from the Washington State Department of Commerce for the Repair, Replacement, and Minutes of March 13, 2012 Pa e 4 of7 Renovation of the Dekalb Pier and Floats. Since the State allocated funding needs to be expended within the 2011-2013 biennium, staff has already commenced with the development of the total project scope of services required. Based upon this total project scope, in which PND Engineers, Inc. and City staff will work cooperatively on several tasks to keep the consultant's expenditures to a minimum, a proposal of $159,700 has been submitted for the Final Design/PS&E, Permitting, Bid Assistance, and Construction Administration. The Data Review /Research, Field Investigation, and Facility Condition Assessment work has already been completed, via Purchase Order No. 003-12 (dated January 6, 2012.) Please note that PND Engineers, Inc. is listed on the City's 2012 Professional Services Roster. Sign upon contingents of approval Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to approve Contract No. 027-12, authorizing the Mayor to execute an agreement with PND Engineers, Inc. for the Final Design & Construction Administration for the DeKalb Pier /Float Improvements in an amount not to exceed $159,700 and upon contingency of the Department of Commerce contractual agreement. Upon vote, the main motion passed unanimously. Councilmember Clauson was absent. In response to Councilmember Chang, Public Works Director Dorsey explained that PDN Engineers, Inc. was selected based on their experience working with Port of Bremerton projects. D. Approval of Contract No. 028-12, Authorizing the Mayor to Execute an Agreement with the Department of Ecology Regarding Acceptance of Municipal Storm-water Capacity Grant Program Public Works Director Dorsey presented the staff report noting that in December of last year, the City received a letter from the Washington State Department of Ecology (Ecology) offering additional funding for the City's municipal stormwater system, as an extension of the grant the City previously received. In February, the City received the agreement forms for this grant. The funding is a grant, with no match required, which the City may use to meet compliance with the City's Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. Staff previously used the grant money to buy equipment for the Shop and is requesting to use the funding this time primarily for mapping, which would provide map books for staff to use when in the field. The other boxes that have been checked are establishing and refining stormwater utilities, including stable rate structures, pollution prevention, good housekeeping, and operation and maintenance program activities, and equipment purchases that result directly in improved compliance with permit requirements. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 028-12, authorizing the Mayor to execute an agreement with the Department of Ecology regarding Acceptance of Municipal Minutes of March 13, 2012 Pa e 5 of7 Storm-water Capacity Grant Program in the amount of $so,ooo. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. E. Confirmation of Appointment of Ms. Brandy Rinearson to City Clerk/ Assistant to the Mayor Mayor Matthes presented the staff report noting that Ms. Brandy Rinearson assumed the position as Interim City Clerk on January 30, 2012, after the separation of Ms. Patti Kirkpatrick. Ms. Rinearson has served as Deputy City Clerk for the City of Port Orchard since August 4, 2008, and recently received her Certified Municipal Clerk's Certification on August 22, 2011; therefore making her well qualified to assume the position. Councilmember Chang MOVED and Councilmember Powers seconded the motion for confirmation of appointment of Ms. Brandy Rinearson to City Clerk/ Assistant to the Mayor, effective March 14, 2012. After a brief discussion, the Council explained there should be a process and the need of collaboration between the Council and Mayor when appointing department directors; including providing job descriptions and salary information. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to postpone consideration of confirmation of Ms. Brandy Rinearson to City Clerk/Assistant to the Mayor to the March 20, 2012, Work Study Session. Upon vote, the motion passed with five affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote and Councilmember Clauson was absent. 8. COMMITTEE REPORTS Councilmember Childs reported the next Economic Development Tourism Committee meeting will be held on Wednesday, March 14, 2012, at 3:30p.m. at City Hall; and he meet with Lori Maxim, Shawn McDonald, and Rich Peterson from the Port Orchard Independent regarding the changes to the paper and supports the new direction of the newspaper. Councilmember Putaansuu reported the next Sewer Advisory Committee meeting is Wednesday, March 21, 2012, at 6:30 p.m. at City Hall; the Utility Committee meeting is March 23, 2012, 7:30 a.m. at the Family Pancake House; and announced for the citizens to complete the fluoride survey, which they should have received in their utilities bill, and to return them to City Hall. Councilmember Powers reported the Public Properties Committee meeting scheduled for Tuesday, March 14, 2012, was cancelled, and she will discuss with the committee about rescheduling a meeting, possibly in March or early April; attended a Transportation Policy Minutes of March 13, 2012 Pa e 6 of7 Committee meeting last week that went over the process of how the federal money is divided up, stating $g.8 million is dedicated to Kitsap County. Councilmember Chang reported he attended a meeting on tourism, sponsored by the Sidney Museum of Arts Association, on Wednesday, March 7, 2012, regarding the benefits of local nonprofit organizations working with the Kitsap Visitor Convention Bureau on marketing efforts. 9· MAYOR'S REPORT Mayor Matthes read a letter commending Cynthia Fisher, of the Public Work Department, for her positive result and quick action responding to a citizen's request. 10. REPORT OF DEPARTMENT DIRECTORS City Attorney Jacoby reported on the legal challenges regarding Initiative 1183, which is the privatization of liquor sales. There are currently two lawsuits pending; one in King County and one in Cowlitz County, challenging the legality of the initiative that could change the outcome of the revenue the City receives from liquor sales; and he will provide an update upon the outcome of the lawsuits. Public Works Director Dorsey reported he met with the Port of Bremerton's staff to start working on a draft Waterfront plan for the upcoming year and there are quite a few changes in the process of the City receiving funding for capital projects this year. Councilmember Chang reported this is Sunshine Week, which supports and promotes dialog regarding the importance of open government and freedom of information. 11. CITIZENS COMMENTS In response to Mary Phelps, Public Works Director Dorsey reported the final design is under way for Well No. 9 and the funding is in the 2012 budget, allowing the start of constructing this summer. Gerry Harmon asked the Council to watch the Council meeting video and observe themselves; indicating there may be some prejudice on the Council. 12. EXECUTIVE SESSION At 8:13 p.m. Council moved into Executive Session for 34 minutes for the purpose of discussing litigation per RCW 42.30.110(1). The City Attorney was invited to attend the Executive Session. At 8:47p.m. Mayor Matthes reconvened Council back into regular session. Minutes of March 13, 2012 Pa e 7 of 7 Councilmember Childs MOVED and Councilmember Colebank seconded the motion to ratify the City Council's decision made on August 23, 2011, to reject a settlement offer from Engley Diversified Inc. as set forth in a letter from William Crittenden dated August 1, 2011. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion in response to the February 29, 2012, letter from William Crittenden, that the City decline to participate in the mediation until the City receives un- redacted copies of the five year lease that supports the sign permit applications. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. 13. ADJOURNMENT Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion to adjourn the meeting. Upon vote, the motion passed unanimously. Councilmember Clauson was absent. At 8:so p.m. Mayor Matthes adjourned the meeting. _,Brandy Rinearson, CMC, Interim City Clerk ~c?~ Timothy C. Matthes , Mayor