08/25/2015 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of August 25, 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
Excused
Present
Present
Excused
Present
Staff present: City Clerk Rinearson, Public Works Director Dorsey, City Treasurer Martin,
Development Director Bond, Office Assistant II Floyd, 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
Nick Whittleton spoke about property and derelict building nuisances. We need something in
place that protects the citizens, business owners, and city, from this type of negligence.
Nicole Vaught thanked Mayor Matthes for his participation in the celebration of the 70th
Anniversary of the end of WWII on August 17, 2015. In addition, she urged the Council to have
open and direct conversation when people come to the City Council meetings.
Stanley Smith spoke about the issues he has been having with the City since he purchased a
building on Bay Street, with the understanding the building was a residential triplex.
Sharron King invited everyone to the City's 125th Anniversary Celebration on Saturday, September
5, and briefly spoke about the events scheduled and memorabilia available for purchase.
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Teresa Osinski, Home Builders Association, yielded her time to Stanley Smith, who continued to
discuss his property on Bay Street, and his interaction with City staff.
Councilmember Cartwright and Mayor Matthes asked Mr. Smith to prepare a written timeline and
give to the City Clerk to pass out to the Council.
City Attorney Morris said we should not be discussing this permit application within this forum, as
there a number of facts that you need to be acquainted with. In addition, Mr. Smith's attorney has
threatened litigation.
Roger Jensen, Saints Car Club, spoke about the recent Cruz, and gave a brief history of the Saints
Car Club.
Lorin Blank spoke in support of Stanley Smith, noting Mr. Smith has been trying to improve the
property, which has also improved the neighborhood.
Ben Wilkerson said there seems to be a lack of downtown business awareness from this City
Council. Only one member has been seen downtown. There is great potential in downtown Port
Orchard; however, there does not seem to be anything to draw visitors.
Shelly Wilkerson concurs with Mr. Smith. There are serious coding issues in Port Orchard. The
City's sign and coding restrictions are very unfriendly to promote events and our local businesses.
Bryan Petro said to come down to the 125th Anniversary Celebration because you will learn why
we have these problems, and why they have not been solved. In addition, he spoke about permits,
banners, and sidewalks.
Elissa Whittleton spoke about the derelict properties in downtown Port Orchard. In addition,
spoke about citizens by the Ridge wanting the City to possibly reduce the speed or add a crosswalk
by the McCormick Park.
Vance Vaught spoke about different City projects and the motion tonight to revisit the Tremont
Overlay District.
Tammy Johnson questions why a company was allowed to buy many buildings downtown, and be
able to sit on the buildings, which are ran down and rat infested. We need an ordinance that
protects this town from that happening, and the need of a City Council that gets to know the
businesses and business owners.
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Mr. Martinez has yet to see any Councilmembers come into his business, to meet him or his wife.
It is tough owning a business in downtown, and they are just about ready to leave. It is a shame
that Myhre's is still closed and boarded up.
Ms. Martinez hopes the Council is here because they really'do care about our town. She has not
seen any Councilmembers, except for Councilmember Chang and Mayor Matthes. She loves Port
Orchard, but we seem to keep getting more and more vacant buildings. She urges the Council to
do something for Port Orchard.
Jean Foster has never seen a City plan. If people are unaware of the direction the City is going in, it
is hard to comply. Without a direction, we cannot change it. Those ideas should be conveyed to all
store owners. Also, she is upset about the 2 hour parking on Bay Street. It should at least 4 hours.
KT Arthur voiced her disappointment in Councilmember Ashby. She has also only seen
Councilmember Chang downtown and no other Councilmembers. The current downtown property
owner is driving the properties into the ground. We want a Council who cares and participates.
3. APPROVAL OF AGENDA
MOTION: By Councilmember Cartwright, seconded by Councilmember Chang, to add item 4D,
excusing Councilmembers Clauson and Ashby.
The motion carried.
MOTION: By Councilmember Chang, seconded by Councilmember Cartwright, to accept the
agenda as presented.
The motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 64786 through 64866 totaling $221,143.91
B. Approval of August 11, 2015, Council Meeting Minutes
C. Approval of a Contract with US Archive & Imaging Services, Inc., for a Document
Management Software
D. Excusal of Councilmembers Clauson and Ashby
MOTION: By Councilmember Chang, seconded by Councilmember Cartwright, approving the
Consent Agenda as amended.
The motion carried.
5. PRESENTATION
No presentations were held.
6. PUBLIC HEARING
No public hearings were held.
7. BUSINESS ITEMS
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A. Rescinding a Previous Motion Regarding the Adoption of the 2015 Comprehensive Plan
Amendment Agenda-Removal of Reference to the Tremont Overlay District from the
Comprehensive Plan
City Clerk Rinearson read the staff report, noting on July 28, 2015, a motion was made by the City
Council on a proposed 2015 Comprehensive Plan amendment agenda containing a single
amendment to remove references to the Tremont Overlay District from the Comprehensive Plan.
The vote was 3-3 and the Mayor broke the tie, voting in favor of approving the 2015 agenda. Since
the meeting, staff spoke to the absent Councilmember and for the interest of saving significant
amount of staff time working on this project, it was recommended to bring this item to the August
18th Work Study Session for additional discussion. At that meeting, the absent Councilmember
voice support on the proposed 2015 Comprehensive Plan amendment agenda containing a single
amendment to remove references to the Tremont Overlay District from the Comprehensive Plan;
and that would change the direction of the previous adopted motion. The other Councilmembers
voiced his support and Councilmember Putaansuu will rescind the motion made at the July 28,
2015, meeting at the next Council meeting.
Based on Robert's Rules of Order, any councilmember wishing to rescind a previous motion can do .
so by one of the following:
1) Notice given to the majority of the Council that a motion is being rescinded,
2) a 2/3 majority vote; or
3) the vote of a majority of the entire membership of the voting body.
Giving notice to the majority of the Council is done by:
1) by announcing an intent to make such a motion at the meeting immediately preceding the
meeting at which the motion is to be made; or
2) by having the secretary include notice of that intent in the call of the meeting at which the
motion is to be made. This is the written notice of the time and place of the meeting, which is
mailed or distributed to members in advance of the meeting.
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On August 20, 2015, written notice was given to all Councilmembers regarding a motion being
rescinded, and because of that, the motion being made to rescind will only need the simple
majority to pass.
The previous motion that passed was:
By Councilmember Clauson, seconded by Councilmember Putaansuu, to adopt the attached 2015
Comprehensive Plan amendment agenda as presented.
MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs, to rescind the
motion relating to the Tremont Overlay District for the 2015 Comprehensive Plan amendment as
previously presented at the July 28, 2015, Council meeting.
Councilmember Cartwright noted he was the Councilmember that was absent. He received a call
from Development Director Bond, asking how he would have voted. He understood the motion
was to remove the interim ordinance, and remove it from the comp plan. He felt they have done
significant amount of work, and did not want it removed from the comp plan, and understands
there is still more work to do.
Councilmember Putaansuu made the motion to rescind based upon gaining the knowledge from
Mr. Cartwright on how he would vote. He did not want staff do months of work when we know
what the outcome of the vote was going to be. We still have work to do for the overlays and City
centers.
The motion carried.
B. Approval of a Contract with PND Engineers, Inc. for the 2015 DeKalb Pier Phase 2-Required
Permit Updates
Public Works Director Dorsey read the staff report, noting as part of the recently approved-2015-
2017 Capital Budget, the City of Port Orchard received an additional $500,000 Community Capital
Facilities Grant from the Washington State Department of Commerce for the completion of the
Dekalb Pier Repair, Replacement and Renovation Project, being the Phase 2 -Pier Extension and
Float Replacement work. As you will recall, the City was awarded $679,000 within the 2011-2013
Capital Budget, whereby the Phase 1 & Phase 2 -Final Design and Permitting work was completed,
as well as the Phase 1 construction .. Then, within the 2013-2015 Capital Budget, the City was
awarded $255,000 from the Capital Budget for Phase 2 completion, but the City was unable to
move ahead with project completion until all needed funding was in place. Now, with the recent
$500,000 award (combined with the previous $255,000}, it is anticipated that the Dekalb Pier
Phase 2 Work can now be completed within 2016. In the meantime, the City must update the
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Permits issued in 2013 in order to finalize the Department of Commerce Contract in early 2016 for
the $755,000 funding.
MOTION: By Councilmember Childs, seconded by Councilmember Lucarelli, to authorize the Mayor
to execute Contract No. 025-15 with PND Engineers, Inc., in the amount not to exceed $4,000 for
the DeKalb Pier-Phase 2 required permit updates.
The motion carried.
At 8:15 p.m., Mayor Matthes recessed the meeting for a 30-minute executive session regarding
potential litigation in accordance with RCW 42.30.llO{l)(i). City Attorney Morris and Nick Bond
were invited to attend.
At 8:45 p.m., Mayor Matthes recessed the meeting for 10-minute executive session regarding
potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Nick Bond
were invited to attend.
At 8:55, Mayor Matthes reconvened Council back into regular session.
8. COMMITTEE REPORTS
Councilmember Putaansuu gave a report on the Finance committee, noting they discussed the
budget, court video system, and police motorcycle.
Councilmember Cartwright reported the Economic Development Committee will meet September
14, immediately following the Public Property meeting.
Councilmember Putaansuu reported the Utility Committee will meet September 8.
Council member Cartwright reported the Public Property Committee will meet September 14.
Councilmember Chang gave a report on the Lodging Tax Advisory Committee, noting they went
over the schedule, and approved an application to be released to applicants. The next meeting is
scheduled in October with the applicants and their completed applications.
Councilmember Lucarelli reported Chimes and Lights Committee will meet September 14.
Mayor Matthes reported the next work study is September 15, and the next Town Hall meeting is
scheduled for October 15.
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Councilmember Cartwright reported on the Kitsap Regional Coordinating Council (KRCC), noting
they discussed the money that has come through, and the proposed 2015 work plan, and the draft
2016 work plan.
9. MAYOR'S REPORT
Mayor Matthes reported he attended the last 125th Anniversary Committee meeting, and he hopes
all citizens come and enjoy the activities on the 5th. The Taste of Port Orchard is scheduled for the
6th.
10. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reported staff has started conversations with Puget Sound Energy.
The current franchise agreement expires October, 2016. The storm drainage discussion as
approved by Council will be at the September 8 Utility Committee.
Development Director Bond reported they had a productive discussion today with Senator Angel
concerning Bethel and Sedgwick, and future city needs in regards to those corridors.
11. CITIZENS COMMENTS
Elissa Whittleton voiced her concerns about potential drought concerns and Well 48.
Mike Eliason Kitsap Realtor, said he will try to attend more meetings, and encouraged business
owners to do the same. Also, at the last meeting, development codes were discussed, and if there
are any proposed changes to it, you can get those to us, we have a 3-5 day turnaround.
Teresa Osinski, Home Builders Association, discussed a document the attorney said was sent to
the Building Industry Association of Washington for comment, and there was a 30-day review
period. Ms. Osinksi stated if there is any need of review of any documents related to construction
in the City of Port Orchard, it would be properly sent to the Home Builders Association of Kitsap
County.
Gerry Harmon voiced her concerns with companies watering the roads while they are watering
their lawns.
Brian Petro thanked the Council for taking the time and letting him talk a little bit longer, and also
thanked them for letting Mr. Smith tell them his opinion. Also, he talked about business owners
and real estate property.
12. ADJOURNMENT
The meeting adjourned at 9:15 p.m. No other action was taken .
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