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05/26/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 26, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes---€alled the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Present Councilmember Chang Present Councilmember Childs Present Councilmember Clauson Present Councilmember Lucarelli Present Councilmember Putaansuu Present Mayor Pro-Tern Ashby Present Mayor Matthes Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Court Administrator Hunt, Deputy City Clerk Fernandez, and City Attorney Morris were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3. APPROVAL OF AGENDA MOTION: By Councilmember Chang, seconded by Councilmember Childs, to move Consent Agenda 4Cto Business Item 7C. The motion carried. MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 64088 through 64170 totaling $530,783.78 B. Approval of the May 12, 2015, Council Meeting Minutes Minutes of May 26, 2015 Page 2 of 6 C1 /\1313roYal of a Contract with Kelley lrnaging Systerns for City l=lall Co13ier Service for the /\drninistrati'le/Finance, Mt:Jnici13al Cot:Jrt, and Police De13artrnents Business Item 7C D. Approval of a Contract with Utility Services Associates, LLC for the 2015 Annual Water Main Leak Detection MOTION: By Councilmember Putaansuu, seconded by Councilmember Cartwright seconded approving the Consent Agenda as amended. The motion carried. 5. PRESENTATION A. Kitsap Economic Development Alliance (KEDA) Update -Mr. Powers, KEDA Executive Director, gave a report on the last meeting in 2014, the Annual Economic Forecast Conference, the annual board retreat, and the Quarter 1 Activity Report for 2015. 6. PUBLIC HEARING A. Waste Management of Washington, Inc., Contract for Solid Waste Services Staff Report: City Clerk Rinearson presented the staff report, noting the proposed contract will be for five years, with an option to extend the agreement for up to two extensions, the first extension for three years, and the second extension for two years. The contract updates Utilities and Transportation Commission (UTC) Tariff No. from 19 to 20, definitions, changed language where stated Garbage, Refuse, or other wastes to Solid Waste, updated Disruption of Collection Due to Weather section, Service to City Facilities, insurance and indemnification provisions, cart/can collection, recyclable collection, defaults, annexations, and force majeure. Mayor Matthes opened the Public Hearing at 7:27 p.m. Ms. Gerry Harmon said she would like the plastic containers that fruit is sold in be included to the recyclable program. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:29 p.m. Minutes of May 26, 2015 Page 3 of 6 In response to Councilmember Chang, Public Works Director said "Bay Street Recycling" could generically be added to the list of City facilities. The contract will be added to the June 9, 2015, Council meeting as a Business Item. 7. BUSINESS ITEMS A. Adoption of a Resolution Granting Final Plat Approval for Frederick's Landing and Accepting Two Cash Set Asides in Lieu of Performance/Maintenance of Certain Preliminary Plat Conditions Staff Report: Development Director Bond presented the staff report, and recommended adoption of the resolution granting final plat approval of the Frederick's Landing Subdivision. Because the minor plat amendment will not be final until May 29, 2015, the Council should either postpone action until after that date or make a motion that will not be effective until after May 29, 2015, provided that no appeal of the minor plat amendment is filed. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Ashby, that Council finds that the preliminary plat of Frederick's Landing subdivision conforms to all terms of the preliminary plat approval, that the subdivision meets the requirements of chapter 58.17 RCW; and that the subdivision meets the requirements of other applicable laws as required by the Hearing Examiner's decision, including the City's subdivision ordinance (as it existed when the preliminary plat was approved). If no appeal is filed by May 29, 2015, the Council authorizes the Mayor to inscribe the Final Plat of Frederick's Landing as approved. If an appeal is filed on or before May 29, 2015, then this motion shall be invalid and of no effect. In response to Councilmember Childs, Development Director Bond said they are consistent with all of the State laws because they provided a cash set-aside. In response to Councilmember Ashby, City Attorney Morris said she reviewed the file and determined it is consistent with RCW 58.17, and a developer can post a bond or a cash set-aside in lieu construction in order to get final plat approval. In response to Councilmember Cartwright, Development Director Bond said No. 8 is a condition that refers to what is going to happen at the time of building permit issuance. In response to Councilmember Ashby, Public Works Director Dorsey provided the definition of "half-street" as it relates to this project. In response to Councilmember Chang, Development Director Bond said they could have included more lots. Minutes of May 26, 2015 Page 4 of 6 Councilmember Ashby said a disservice was done to this neighborhood since 2000. Many small developments were allowed in various places, and it has had an impact on the traffic up there. Once you go south of Lippert, the road condition of Sidney is not as good as north of Lippert. She has concerns with the neighborhood. The motion carried. (RESOLUTION NO. 010-15) B. Adoption of a Resolution to Ratify Amendments to the Countywide Planning Policies Staff Report: Development Director Bond presented the staff report, and recommended the Council approve the minor changes to the Countywide Planning Policies as shown in Kitsap County Ordinance No. 522-15. Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to approve a resolution ratifying the proposed 2015 amendments to the Countywide Planning Policies submitted by the Board of the Kitsap Regional Coordinating Council and approved by the Kitsap County Board of County Commissioners. The motion carried. (RESOLUTION NO. 011-15) C. Approval of a Contract with Kelley Imaging Systems for City Hall Copier Service for the Administrative/Finance, Municipal Court, and Police Departments Staff Report: City Clerk presented the staff report and recommended approval of the lease agreement with Kelley Imaging Systems for copier services for Administrative/Finance, Police, and Court departments. In response to Councilmember Childs, City Clerk Rinearson said in 2009 the copier contracts were combined into one contract to reduce work for accounts payable. In response to Councilmember Clauson, City Clerk Rinearson said she could research if it is possible to buy out the old machine, and what a new machine would cost to buy. He feels a new machine could be purchased every three years for the same cost of leasing the machine and getting the maintenance on it. Court Administrator Hunt said the reason staff sticks to leasing rather than buying is at the end of the contract period that is when the machine starts falling apart. The maintenance would be much higher at that point. Kelly Imaging provides the service that the Court needs, so when the machine goes down, they respond immediately. Buying a machine leads to issues down the road, and would Minutes of May 26, 2015 Page 5 of 6 be more expensive in the long run. She also said new technologies are introduced with newer model machines to help with workload efficiency. City Attorney Morris noted the contract had a checkbox of buying the copier at the Fair Market Value at the end of the lease. She said Kelly should tell us what the copiers cost right now. Councilmember Putaansuu would like to see a needs analysis and where the machines are at in their useful life. Council would like to see what it would cost to purchase the existing equipment with a maintenance agreement, purchasing the proposed equipment with a maintenance agreement, or approving the lease agreement. Public Works Director Dorsey noted when a copier goes down everything comes to a halt. People are being paid a lot of money per hour sitting around with a work stoppage. One of the key components in this conversation is we are getting a reliable piece of equipment that can be immediately fixed and replaced. It is like stepping over dollars to save dimes. He is concerned that whatever the City does, we do not end up with a rehabbed piece of equipment that is constantly down. Now you are compounding the City's already tremendous workload. If you are put back ten minutes, it compounds throughout the day. Staff was directed to provide purchasing costs to the Council. 8. COMMITTEE REPORTS Councilmember Clauson reported the next Finance Committee meeting was changed to June 3 at 5:00 p.m. here at City Hall. Councilmember Cartwright reported the next Public Properties Committee meeting is on June 8 at 8:30 a.m. at City Hall Councilmember Ashby reported the Economic Development Committee meeting is June 8 after Public Properties meeting. 9. MAYOR'S REPORT Mayor Matthes read an email from the public regarding the excellent service they received from the Public Works department. He also reported on all of the activities that happened in Port Orchard during this weekend's festivities. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of May 26, 2015 Page 6 of 6 Public Works Director Dorsey gave an update on the Bethel Road construction project. 11 . CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION At 8:25 p .m., Mayor Matthes recessed the meeting for a 30-minute executive session regarding pending litigation in accordance with RCW 42.30.llO(B). Attorney David Force, Attorney Pat McMahon, Treasurer Martin, and City Clerk Rinearson were invited to attend and the Mayor announced that no action would be taken because of the executive session. At 8:55 p.rh., Mayor Matthes recessed the meeting for a 10-minute executive session regarding potential litigation in accordance with RCW 42.30.llO(B). City Attorney Morris, Development Director Bond and Treasurer Martin were invited to attend and the Mayor announced that no action would be taken because of the executive session . At 9:05 p.m ., Mayor Matthes reconvened Council back into regular session . 13. ADJOURNMENT