07/19/2016 - Work Study - MinutesCity of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of July 19,2016
CALL TO ORDER AND ROLL CALL
Mayor Robert Putaansuu called the meeting to order at 7:00 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Chang Present
Councilmember Clauson Present
Councilmember Cuccardi Present
Councilmember Ashby Present
Councilmember Lucarelli Present
Councilmember Diener Present
Councilmember Donlin Present
Mayor Putaansuu Present
Staff present: City Clerk Rinearson, Public Works Director Dorsey, Development Director Bond,
Code Enforcement Officer Price, City Foreman Hunter, Office Assistant II Honeycutt, and City
Attorney Cates were also present.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
Mayor Putaansuu provided an update on the WIFI system setup and asked that the Puget Sound
Energy item to be first for discussion, out of consideration for Representatives Tom Brobst and
Bryan McConaughy.
1. Puget Sound Energy (PSE) Franchise Agreement
Executive Summary: Public Works Director Dorsey stated the Puget Sound Energy (PSE) Franchise
agreement is set to expire August 30, 2016. The original ordinance, Ordinance Number 1357, has
been revamped to be repealed by adoption of a new ordinance and contract.
Tom Brobst, Liaison Manager for PSE, handles the negotiation of franchise agreements with
government entities and explained that in the last 30 years of the agreement, 29 years which he's
been involved with, there's never been an issue between PSE and the City of Port Orchard.
Minutes of July 19, 2016
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Tom explained that electric utilities don't pay a franchise fee, because the local and state
governments have deemed electricity as a necessity. PSE does pay for advertising fees. Also, utility
taxes are collected for the City. Schedule 74 is a tariff set by the Washington Utilities and
Transportation Commission (WUTC) to convert utilities from overhead to underground. Schedule
74 is a set amount split between 60% and 40%, where the City pays 40%. Typically, it is to do
trenching and restoration with an ongoing project.
PSE Representatives, Council and Mayor discussed the stability of the long term contract and the
mutual benefit for both parties. Reminder was made that the contract is a non-exclusive, so it could
always be changed.
Council Direction: Public Works Director Dorsey is to create an ordinance, process advertisement
and present at Council Meeting in September.
2. Dangerous Building Code
Executive Summary: Code Enforcement Officer Price explained the topic of discussion is
referencing dangerous buildings, not public use abatement. Washington is a multitude of
jurisdictions with different provisions, so there is not a standard to follow across the board.
Abatement is defined as a physical act of removing a danger and/or hazard and the enforcement
process, expressing a spectrum of conditions. At a previous jurisdiction he was primarily using
abatement to get rid of or demolish a total of six dilapidated, crimes ridden; motels, mobile home
parks, and a number of other buildings. And most abatement issues were handled by boarding up,
removing accessory structures, and cleaning up meth labs. The important part for this City is to
have the tools in place to handle abatement on many levels.
Codes can be used along with business license enforcement for unsafe wiring and crime ridden
properties such as; bar establishments, mobile home parks and apartment complexes. Rarely
would there be a closure of entire complexes or individual units. Abatements would benefit in
multiple areas through economic and community development reinvestment. The Uniform Code
for Abatement on Dangerous Buildings (UCADB) has been adopted by the City, but without
modifications to fit Port Orchard. The idea is to have a functioning code for an abatement program,
with guidance on parameters to utilize. If the City is not concerned with cost, the UCADB is okay.
Supreme Court ruled in 1971 that unless the legislature has given specific, direct authority to a
governmental unit to collect a lien with equality to taxes and priority over other liens, then the City
doesn't hold the right to lien. UCADB does contain language that expresses it is to be treated that
way, but RCW 35.80 is the state's own abatement code, which is nonexclusive. However, RCW
35.80 is the only prevision under Washington law where any city can do a dangerous building
abatement and cover their cost with the lien priority.
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Recommendation to Council is to move to a code modeled after RCW 35.80. If the code isn't
structured under RCW 35.80 then the City is left with funding abatement on a case by case basis or
funding small amounts each year. With provisions modeled after RCW 35.80 it would make
property liens equal to property taxes; the abatement costs would go on to the property taxes,
collected by the county, if left unpaid for a period of time the county proceeds with foreclosure
(like other unpaid taxes) and if there are any proceeds than they are paid to the city. Usually the
property ends up in to foreclosure wherein the banks would pay off the liens.
Council, Mayor and Staff discussed the lien process outlined in RCW 15.20 and RCW 35 and it was
stated that both are assessed with taxes that constitute same rank as state county municipal taxes,
which is not held to the City because of second class city status. Staff further explained that it is
stated, but not supported even with the Supreme Court ruling giving the RCW authority for abating
nuisances and filing liens under special assessments. The RCW does not state a definition for
"special assessment" and without supporting provisions or priority it can be challenged.
Topics of Appeals Commissioner assignment and other necessary framework to processes an
ordinance for adoption were discussed between Council, Mayor and Staff.
Council Direction: Code Enforcement Officer Price is to move towards adoption of a code
resembling RCW 35.80 to bring to a work study in October or November with potential
implementation in January.
3. Well No. 10/13 Water Supply and Treatment Project
Executive Summary: City Foreman Hunter, proposed to move project focus from Well Number 10
to Well Number 13. Through water system evaluations has identified current and future City
needs. When Well Number 10 was drilled the City had no mitigation; different landscape, politics
and economic stance.
With the City's growth the pump station on Well Number 10 has cause for concern on emergency
services, water pressure, cross connection status, potential backflow, and water quality. Also, with
the pump station location there is more cost associated for pumping to higher pressure zones. A
one of a kind study was performed with USGS, which provided an academic and scholarly review of
the mapped underground aquifers.
The City has been working with BHC Consultants and Robinson Noble, hydrologist consultants. Well
Number 13 would be able to assist in the City's growth area and pressure issue. Discussions with
the Department of Health and Commerce have already been underway, because the timeline of
this project will be of the essence.
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Overall Project benefits will be; improved water quality, improved system reliability, better service
during emergencies, reduce the need to rely on Bremerton Water Supply, and reduces overall cost
of pumping water uphill by utilizing gravity.
Council, Mayor and Staff discussed the positive impact based off information provided and the
projected results and expressed different angles for the project to transpire; discussing cost,
individuals involved, and timeline options.
Council Direction: Staff is to move forward with scheduling a stakeholders meeting.
4. Draft Ordinance to adopt Emergency Management Organization Code Section (New POMC
2.80)
Executive Summary: Mayor Putaansuu was informed that the City may not have an established
code for Emergency Management Organization. He explained that the City needs to have an
indemnification process for liability reasons and to establish emergency management powers.
Council, Mayor, and Staff discussed; cost, exposure, liability, responsibility, involvement with
county, and also chain of command.
Council Direction: Ordinance is to be put on the agenda for the next council meeting.
5. Presentation of ProudCity (subscription based website development).
Mayor Putaansuu explained that a new website was budgeted for in 2016 and while attending the
AWC Conference, he sat in on a technology session that introduced ProudCity, a website
development for small cities. Cost would be less than $5,000.00, and annual cost to run the
website would be $1,400. Currently the City pays $1,200.00 annually to only host the existing
website, not including repairs.
Mayor, Council, and Staff discussed other service options, user friendliness, status of company,
terms of service, storage usage, and cost.
Council direction: Mayor Putaansuu is to proceed with gathering information and add contract on
the agenda of next council meeting.
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6. Priorities of the 2016 Comp Plan for the 2017 Budget
Executive Summary: Councilmember Diener explained that the Comprehensive Plan has been
adopted with acknowledgment to citizens input, committees, and planning commission's
recommendation. The next step is for implementation of high priorities to show public what the
City is working on.
Mayor, Council and Staff discussed implementation, determination being made through work
study sessions, assigning goals or objectives to appropriate committees, timelines, resources, and
work plan for next year.
Council Direction: Community Development Director Bond is to put together clarifying
descriptions, resources, timelines and cost. To be presented at either the September or October
work study.
7. Transportation Program Updates
Executive Summary: Mayor Putaansuu stated that Treasurer Martin has notified the State to begin
the collection of fees, to be implemented in 6 months. One of the requirements was for there to be
a hotline (telephone line) established which has been created.
Public Works Director Dorsey discussed; the TIB application due in August, updated on the UFS
easements, a lot of work this fall to go out to bid first part of 2017, and Tremont is looking to be
awarded next April.
Council Direction: No direction was given to staff.
ADJOURNMENT
The meeting adjourned at 9:05 p.m.
Brandy Rinearson, CMC, City Clerk Robert Putaansuu, Mayor