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12/08/2015 - Regular - MinutesCity of Port Orchard ' Council Meeting Minutes Regular Meeting of December 8, 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 Chang Present Councilmember Childs Present Councilmember Clauson Present Councilmember Cucciardi 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, and Deputy City Clerk Fernandez were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Mr. Nick Whittleton spoke regarding needing more public outreach for Public Hearing GA. 3. APPROVAL OF AGENDA MOTION: By Councilmember Putaansuu, seconded by Councilmember Clauson, to approve the agenda. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. Approval of Check Nos. 65435 through 65557 totaling $693,166.63; November Payroll Warrant Nos. 146692 through 146735 totaling $605,005.10; Electronic Payments dates Minutes of December 8, 2015 Page 2 of 8 11/1/2015 through 11/30/2015 totaling $2,466.25; and Treasurer's check deposit totaling $3,069,957.38. B. Approval of November 24, 2015, Council Meeting Minutes C. Adoption of a Resolution Approving a Contract with Port Orchard Police Officer Randy Ernst for Transferring the Custody and Care of Police K9 "Amber" (RESOLUTION NO. 023-15 and CONTRACT NO. 089-15) D. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. for On- Call Transportation Engineering Services (RESOLUTION NO. 024-15 and CONTRACT NO. 090-15) E. Approval of a Contract with Goldsmith Land Development Company for On-Call Consultant Services for the McCormick Village Park Phase 2 (CONTRACT NO. 091-15) F. Adoption of a Resolution Documenting Contract No. 019-15, with KPFF Consulting Engineers for the 2015 Lund Avenue Bridge Program Management (RESOLUTION NO. 021- 15) G. Authorize the Mayor to Sign the Bay Street Pedestrian Pathway Segment No. 4 Bike/Pedestrian Bridge Project Completion Report for the Department of Commerce Direct Appropriations Grant MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Putaansuu, to add Consent Agenda 4G to authorize the Mayor to execute the Bay Street Pedestrian Pathway Segment No. 4 Bike/Pedestrian Bridge project completion report for the Department of Commerce Direct Appropriations Grant. The motion carried. MOTION: By Mayor Pro-Tern Ashby, seconded by Councilmember Clauson, approving the Consent Agenda as amended. The motion carried. 5. PRESENTATION A. Kitsap Economic Development Alliance 3rd Quarter Update Mr. John Powers, KEDA Executive Director, presented the 3rd quarter update and updates on marketing tools to sell Kitsap's story. 6. PUBLIC HEARING A. Public Hearing and Adoption of an Ordinance Establishing a Transportation Benefit District Minutes of December 8, 2015 Page 3 of 8 Staff Report: Public Works Director Dorsey presented the staff report, noting the purpose of the public hearing was to hear public testimony on whether a Transportation Benefit District (TBD) should be formed coextensive with the City limits, and whether the TBD should impose a vehicle fee on certain vehicles under RCW 82.80.140 for the purpose of funding the project list within the City of Port Orchard 2016-2036 Transportation Improvement Program. Mayor Matthes opened the Public Hearing at 7:34 p.m. Ms. Gerry Harmon said the Council needs to get people involved on these increases early on. She also wants the Council to become more aggressive with the federal government on federal mandates to local government. Ms. Elissa Whittleton said more public outreach is needed. She also wants reassurance that the increases would be spent frugally. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:37 p.m. Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember Ashby, to adopt Ordinance No. 027-15, thereby establishing a Transportation Benefit District within the City of Port Orchard City Limits. In response to Councilmember Putaan~uu, Public Works Director Dorsey said the ordinance is to establish the framework, and is not a funding mechanism. In response to Mayor Matthes, Public Works Director Dorsey said there are several funding mechanisms that could be used; it is not just limited to vehicle car tabs. This ordinance allows them to have the framework to the conversations, and there is no time limit associated with the ordinance. In response to Councilmember Chang, Councilmember Putaansuu said the boundary could be amended later to include the County, if they choose to participate. In response to Councilmember Chang, Public Works Director pointed out that the language in the ordinance was written to provide many options to the Council. In response to Councilmember Chang, Mayor Pro-Tern Ashby said she understands Section A to be putting in the ordinance what RCW 36. 73 allows the City to do. In response to Councilmember Clauson, City Treasurer Martin said it would not' be a revenue bond, it would be a general obligation bond. Under the statute, if you went to the vote of the people, set an ad valorem tax levy, you would pledge that tax collection to the bond repayment. The motion carried. (ORDINANCE NO. 027-15) 7. BUSINESS ITEMS Minutes of December 8, 2015 Page 4 of 8 A. Second Reading and Adoption of an Ordinance Amending the 2015 Budget Staff Report: Treasurer Martin presented the staff report, noting the Budget Amendment Ordinance reflected the following: 1. $137,000 for prisoner boarding expenses from Current Expense Fund No. 001. 2. $34,000 for prisoner medical expenses from Current Expense Fund No. 001. 3. A transfer of $80,000 from Water Sewer Utility Fund No. 401 to Water Sewer Cumulative Reserve No. 403 for Capital Facilities collected as a portion of the Water Sewer rate. 4. $164,000 from Water Sewer Utility Fund No. 401 for purchased water due to City Well No. 6 and Well No. 9 being offline at times. 5. $120,000 additional Retails Sales and Use Tax to Current Expense Fund No. 001. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an ordinance amending the 2015 Budget of the City of Port Orchard. The motion carried. (ORDINANCE NO. 030-15) B. Adoption of an Ordinance Adopting the 2016 Budget Staff Report: Treasurer Martin presented the staff report, noting the 2016 Budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Port Orchard for the purposed described in the 2016 Budget, and the estimated expenditures in each fund are all necessary to carry on the government of the City for fiscal year 2016. Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember Putaansuu, to approve an ordinance adopting the 2016 Budget. Councilmember Childs stated there needed to be oversight by the Council for LTAC funds and salaries, and he didn't agree with the 3.4% increase of the levy amount. He cannot support the motion. The motion passed 6 to 1. Councilmember Childs voted no. (ORDINANCE NO. 031-15) Minutes of December 8, 2015 Page 5 of 8 C. Adoption of a Resolution Repealing Resolutions No. 002-15 and 023-14, and Establishing Fee Schedules for the Department of Community Development, Public Works, and City Clerk's Office Staff Report: Development Director Bond presented the staff report, noting the City annually reviews the permit fee resolution, recommends changes to the following items to cover the cost of administration: August 2015 ICC Building Valuation Tables, Interim Subdivision Code, shoreline exemptions, Interim Permit Processing Code, statement of restrictions, placement of WSDOT directional signage, concurrency fees, street vacation application fees, impact fee deferrals, parking permits, Appeal Fee Waivers, and recording fees. In response to Councilmember Clauson, Development Director Bond said the application for impact fee deferral is an elective fee, because someone has to come and request to have the fees deferred. The fee is commensurate with amount of time it takes to process, track, and collect the fee. The proposed changes were sent out to those who would be affected. Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Chang, to adopt a resolution repealing Resolutions No. 002-15 and 023-14, updating the Permit Fee Resolution. In response to Councilmember Childs, Development Director Bond said the whole resolution was sent to the Homebuilders and Realtors, and they received no comments. In response to Councilmember Chang, City Clerk Rinearson defined a temporary parking permit. In response to Councilmember Ashby, Development Director Bond said there was no December Finance Committee meeting, so it was suggested to bring this straight to the full council based on the timelines of some of the ordinances. The motion carried. (RESOLUTION NO. 025-15) . D. Approval of a Contract with WebQA, Inc. for FOIA Request Services and Social Media Archive Software (Rinearson) Staff Report: City Clerk Rinearson presented the staff report, noting the WebQA platform will help staff manage public records requests and the public the ability to request and track their requests via a web portal. In response to Councilmember Chang, City Clerk Rinearson said this would be stored on a server. The software does differentiate between redacted and privileged communication. Minutes of December 8, 2015 Page 6 of 8 Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Ashby, to approve a contract with WEBAQ, for a Public Records Request and Social Media tracking software, as presented. Discussion held regarding: • The documents will be stored in the cloud, utilizing a third party software • The software does differentiate between redacted and privileged communication • The attorney's comments cause concern • Longer terms would reduce the annual increases • If the City would be obligated to three years if the three year term was selected • A one year contract may be better, to see if the new program serves the City's needs • The GO-day out clause timing • The selection process Motion to amend: By Councilmember Putaansuu, seconded by Councilmember Clauson to pursue a three-year contract provided the three-year contract has language we've discussed here with the day out clause at the annual renewal and the annual renewal is capped at three percent. Councilmember Cucciardi noted the termination clause has no remedy for the City. Councilmember Lucarelli noted the City would pay $1,500 to get an electronic copy of our data. In response to Councilmember Chang, City Clerk Rinearson said the service would not be used to archive the records; it would be a secondary copy. The Council agreed to withdraw the motion to amend and the original motion. MOTION: By Councilmember Clauson, seconded by Councilmember Childs, to refer the contract to the Finance Committee for further research and review and bring back a recommendation. City Clerk Rinearson will work with the vendor to redefine the contract, and present this information to the Finance Committee. The motion carried. E. Approval of the November 17, 2015, Council Work Study Session Minutes MOTION: By Councilmember Putaansuu, seconded by Councilmember Childs seconded approving the minutes of November 17, 2015, Work Study session. The motion passed 6 to 1. Councilmember Lucarelli abstained. F. Discussion: Appointment of a 2016 Vacant Council Position Minutes of December 8, 2015 Page 7 of 8 Discussion was held on what kind of process the Council wanted to use to fill the vacant council position in 2016. Council Direction: • City Clerk Rinearson will advertise as soon as possible in the Kitsap Sun and Port Orchard Independent. The solicitation will include the time commitment and who is eligible to be appointed. • Interested parties must submit the following items by January 4 to City Hall: a letter of interest stating qualifications, a resume, and answer the four questions provided by Mayor Pro-Tern Ashby in her December 8, 2015 email. • The full Council will interview all applicants on January 7, and use January 12 for follow up interviews. 8. COMMIITEE REPORTS Councilmember Lucarelli reported Chimes & Lights was incredible despite the rain. She thanked everyone who helped and sponsored the event. A recap meeting will be held in February. Councilmember Ashby reported KRCC met December 1, and approved the budget and work plans for 2016. The next meeting is January 5, 2016. KRCC and PRSC Transpol are this next Thursday. She noted the December Economic Development/Tourism and Public Properties Committees are cancelled. Councilmember Childs reported KEDA's 4th quarter meeting is in the Commissioners Chambers this Thursday, with a holiday reception at Kitsap Bank afterwards. 9. MAYOR'S REPORT Mayor Matthes reported the Housing Kitsap board meeting and retreat was last Friday. 10. REPORT OF DEPARTMENT DIRECTORS Development Director Bond reported wayfinding sign package is completed and up on the web. Bid specifications are ready to go next year. City Clerk Rinearson reported staff will mail the parking renewal notices tomorrow morning since the fee resolution was passed tonight. She read a letter from Officer Ernst regarding K9 Officer Amber. A notice has been sent regarding the tour of holiday lights. 11. CITIZENS COMMENTS Minutes of December 8, 2015 Page 8 of 8 Mr. Gary Anderson spoke opposing the deferral fee and applauded the City for trying to improve their public records process . Ms. Gerry Harmon spoke against Mr. Anderson's comments. She spoke regarding a double standard regarding the flow of information to residents versus developers. She feels it is fair to impose a fee for all services that are rendered by the City. Ms. Bobbie Stewart thanked the Mayor for the work that he has done for the City on behalf of all of the downtown merchants. Ms. Elissa Whittleton told the Mayor she appreciated the effort to have town hall meetings, seasonal concerts, and points of light awards. Councilmember Putaansuu announced the legal services RFP is closing on January 8, and asked for a couple of Councilmembers to help him review the applications. In response to Councilmember Putaansuu, Development Director Bond said regarding the school impact fees nothing has been changed at this time. Councilmember Putaansuu thanked Councilmember Childs for his service to the City. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT med at 9:12 p.m. No other action was taken. Brandy Rinearson, CMC, City Clerk