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06/09/2015 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of June 9, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Cartwright Councilmember Chang Councilmember Childs Councilmember Clauson Councilmember Lucarelli Councilmember Putaansuu Mayor Pro-Tern Ashby Mayor Matthes Present Present Present Present Present Present Present Present Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Deputy City Clerk Fernandez, Court Administrator Hunt, 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 Ms. Linda Simpson spoke regarding questions she had with Cedar Cove Association's expenses. Ms. Jackie Rossworn, Executive Director of the Kitsap Alliance of Property Owners, spoke regarding the City of Port Orchard needing to step aside from the Kitsap Regional Coordinating Council. Mr. Robert Parker spoke regarding the need of the Port Orchard City Council to listen to the City of Bremerton City Council meeting audio from May 13, 2015, to help understand issues involved with the Kitsap Regional Coordinating Council. Ms. Nicole Vaught spoke regarding the need for the City of Port Orchard to have a code of ethics. She wanted to know the procedure of how to be heard by the Council. Minutes of June 9, 2015 Page 2 of 7 Mr. Nick Penovich questioned why the City was not in favor of adding his property to its Urban Growth Area. 3. APPROVAL OF AGENDA Mayor Pro-Tern Ashby asked that Business Item 7F be added to discuss usage of the wayfinding mark. MOTION: By Councilmember Putaansuu, seconded by Mayor Pro-Tern Ashby, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 64265 through 64383 totaling $436,414.97, May Payroll totaling $598,224.67, Electronic Payments totaling of $2,366.28, and Treasurer's Check Deposit totaling $2,871,949.37 B. Approval of the May 19, 2015, Council Work Study Session Minutes C. Approval of May 26, 2015, Council Meeting Minutes D. Approval of a Contract with Advanced Diving Services, Inc. for the 2015 Water Reservoir Cleaning Projects (CONTRACT NO. 060-15) MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Putaansuu seconded approving the Consent Agenda. The motion carried. 5. PRESENTATION A. Proclamation: Flag Day -Mayor Matthes read the Flay Day proclamation into the record and presented the proclamation to Marion Mick Hersey, Flag Chairman; Conrad Plyler, President; and David Blevins, Vice-President, of the John Paul Jones Chapter of Washington State Society of the Sons of the American Revolution. 6. PUBLIC HEARING A. Public Hearing on the Six-Vear Transportation Improvement Program Annual Update Staff Report: Public Works Director Dorsey presented the staff report, noting the Washington State Department of Transportation requires cities to submit their six-year transportation improvement plan (TIP) annually. This document must to be financially constrained, which means that project funding (either secured or planned) must be realistic based on the City's budget. The City has created a two-tier system for the TIP in which the first tier will be submitted and the Minutes of June 9, 2015 Page 3 of 7 second tier would be an in-house project list. The City has to look at innovative ways of funding transportation shortfalls such as forming Local Improvement Districts (LIDs) by which residents agree to tax themselves to do these improvements or Transportation Benefit Districts. More discussion on this issue will be part of the City's upcoming budget preparation. Mayor Matthes opened the Public Hearing at 7:24 p.m. Mr. Nick Gourley wanted to know what the registration fees for vehicles tabs is being used for if it does not fund the City's deteriorating roads before the citizens have to consider other funding options. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:30 p.m. B. Public Hearing for Surplus of Water/Sewer Utility and Storm Drainage Utility Equipment Staff Report: Treasurer Martin presented the staff report, and recommended the Mayor open the Public Hearing to take public comment and declare proprietary equipment as surplus to be disposed of in the best interest of the City. Mayor Matthes opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:32 p.m. 7. BUSINESS ITEMS A. Adoption of a Resolution Declaring Certain General Governmental Personal Property and Water/Sewer Utility and Storm Drainage Utility Equipment as Surplus Staff Report: Treasurer Martin presented the staff report, and recommended approval of the resolution declaring certain general government and proprietary property surplus and allowing for its disposition. Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to adopt a resolution declaring certain general government personal property and water sewer utility and storm drainage utility equipment as surplus and authorizing the disposition thereof. The motion carried. (RESOLUTION NO. 012-15) 8. Adoption of an Ordinance Adopting a Franchise Agreement with Waste Management Services, Inc., for Solid Waste Services Minutes of June 9, 2015 Page 4 of 7 Staff Report: City Attorney Morris presented the staff report to renew the franchise agreement with Waste Management Services for a period of five years with the option to extend the contract for one three-year term and one two-year term. A public hearing was held on May 26, 2015, with one public comment expressing the need to include plastic fruit containers as part of the recycling program. She expressed there was still an issue regarding Provision 12.1 regarding annexations. She would like the language to reflect the state law. Laura Moser, Waste Management, said she is sure it can be worked out with legal. Councilmember Chang said he received a concern from a neighbor who would like to do her recycling, and not be required to use the services of the Waste Management. He questioned whether recycling was compulsory based on the Port Orchard Municipal Code or based on the contract with Waste Management. City Clerk Rinearson said the requirement to recycle was in the Port Orchard Municipal Code. Councilmember Clauson said what he remembered was that Waste Management said if recycling was a service the City wanted to be provided to its citizens, everyone would have to do it. The contract and the code are intertwined. Councilmember Cartwright said more time was needed to discuss this franchise to consider what changes should be made. Business Item 7B will be placed on the June 23, 2015, Council meeting for consideration. C. First Reading of an Ordinance Amending the 2015 Budget Staff Report: Treasurer Martin presented the staff report, and did the first reading of an Ordinance amending Ordinance No. 020-14, Adopting the 2015 Budget. Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to accept the first reading of an Ordinance, amending the 2015 Budget for the City of Port Orchard and to direct staff to place the Ordinance on the June 23, 2015, agenda for second reading and final adoption. The Mayor opened the floor for citizen comments at 7:54 p.m. regarding the budget amendment; however, there were no comments. The motion carried. D. Approval of a Contract with Kelley Imaging Systems for City Hall Copier Service for the Administrative/Finance, Municipal Court, and Police Departments Minutes of June 9, 2015 Page 5 of 7 Staff Report: City Clerk Rinearson presented the staff report, and recommended approval of a lease agreement with Kelley Imaging Systems for copier services for Administrative/Finance, Police, and Court departments. When staff reviewed the pros and cons of leasing versus purchasing copiers, it was determined that leasing the copiers would be a better option for staff. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to purchase new machines for the courts and the police, and buy out the lease on the admin copier and have a fax board put on it, and purchase a maintenance contract on that copier. Discussion was held regarding the savings of purchasing versus leasing, the benefits of purchasing in a for-profit business versus leasing in a government agency, the possibility of only have fax machine for the four city departments, Section 9 in the contract, having three contracts versus one contract, and not having enough money in the 2015 budget to buy new machines. Councilmember Putaansuu withdrew the motion on the floor, and Councilmember Childs agreed. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to lease three copiers as presented; the preference would be to have three contracts and the contracts to be in a format acceptable to the city attorney. The motion carried. {CONTRACT NOs. TBD) E. Discussion: Kitsap County Buildable Land Report Staff Report: Development Director Bond read a memo regarding a correction concerning residential capacity in Kitsap County in the Kitsap County Buildable Lands Report. In determining how to correct the error, the County has presented two alternatives for assessing buildable lands capacity: maximum density assumption and achieved density assumption. This will be brought forward to the June 16, 2015, Work Study for discussion. F. Discussion: Wayfinding Mark Usage Council Consideration: -MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Cartwright, to grant permission for use of the City's wayfinding mark when the mark is placed in advertisements which promote an event authorized by the City of Port Orchard, and to the City's partners who were awarded LTAC funds in 2015. Mayor Pro-Tern Ashby said until a policy is developed regarding use of the wayfinding materials, this allows event organizers to start using the mark in their advertising materials, which promote events authorized by the City. The motion carried. 8. COMMITTEE REPORTS Minutes of June 9, 2015 Page 6 of 7 Councilmember Clauson reported the Finance Committee went over the budget amendment, sales tax receipts, and real estate excise taxes. The next meeting is July 14, 2015, 5:30 p.m. at City Hall prior to the Council meeting. Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember Putaansuu, to excuse Councilmember Childs at 8:34 p.m. The motion carried. Councilmember Putaansuu reported the next Sewer Advisory Committee meets June 17 and the Utility Committee meeting is June 18. Mayor Pro-Tern Ashby reported the Economic Development Committee met and discussed the event tool kit RFP responses, the wayfinding system update, special event ordinance update, MySidewalk update, and the foot ferry marketing plan update. The next meeting is July 13, and there will be no meeting in August. Councilmember Cartwright reported the Public Properties Committee met and discussed special event art walk signs, naming the Bethel South property, a church parking issue, use of Bay Street by merchants, and the parks survey. The next meeting is July 13, and there will be no meeting in August. Mayor Pro-Tern Ashby gave a report on the June 2nd Kitsap Regional Coordinating Council (KRCC) meeting, invited the public to attend a reception honoring Mary McClure on June 29, 5:00 p.m. at the Island Lake Center, and announced KRCC is having a retreat on July 28 at Island Lake Center. 9. MAYOR'S REPORT Mayor Matthes reported that he attended the graduation for the South Kitsap Alternative High School on Monday night, and there is a Town Hall Meeting scheduled for July 16. 10. REPORT OF DEPARTMENT DIRECTORS Treasurer Martin gave an overview of the 2014 annual report. He also reviewed the various finance documents that can be found on the City's website. He reviewed the City'of Port Orchard Quarterly Report. He highlighted that the prisoner bordering and monitoring budget has expended Minutes of June 9, 2015 Page 7 of 7 49% of its total 2015 budget as of June 1, being further impacted by the fact that we are billed in arrears by the County (two months behind). Development Director Bond reported through June 1, his department has had 40 new single -family starts compared to the 52 total in 2014. They are on pace to exceed revenue forecasts for building permits, plan checks, land use and zoning permit fees . There is one large commercial project in permitting review. They are falling behind on plan review timelines. They are currently maintaining 6 weeks for building plan review . He has hired a new code enforcement officer who will be commissioned on the June 23 meeting. City Clerk Rinearson reported the City's official newspaper bid results will be presented on June 23, as well as the Mayor's Lodging Tax Advisory Committee appointment. The Puget Sound Energy franchise agreement will be presented to the Utility Committee, and she is finalizing the claims management report. 11. CITIZENS COMMENTS Robert Parker spoke regarding Kitsap Transit needing to bring Sunday service back to help the people who cannot afford their own transportation. 12. EXECUTIVE SESSION At 9:05 p.m. Mayor Matthes recessed the meeting for ten -minute executive session regarding potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Development Director Bond were invited to attend and the Mayor announced that no action would be taken because of the executive session. At 9:10 p.m., Mayor Matthes reconvened the Council back into regular session . The Council left the meeting. 13. ADJOURNMENT The meeting adjourned at 9:15 p.m . No other action was taken .