01/13/2015 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of January 13, 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 Ashby
Councilmember Cartwright
Councilmember Chang
Councilmember Childs
Councilmember Clauson
Councilmember Putaansuu
Mayor Pro-Tern Lucarelli'
Mayor Matthes
Present
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Clerk Rinearson, Public Works Director Dorsey, Development Director Bond,
Deputy City Clerk Fernandez, and Interim City Attorney Morris.
A. Pledge of Allegiance
Mayor Matthes led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Mrs. Elissa Whittleton spoke regarding some Council behavior at the last Work Study and Utility
Committee meeting.
Mr. Vance Vaught said civic-minded citizens should be encouraged to attend the council
committee meetings and work studies, and input should be welcomed. He objects to the Utility
Committee meeting being held outside of City Hall.
Mr. Nick Whittleton said many of the items paid for in the 2011 water rate increase are on the
current water gap analysis. He also did not understand why Councilmembers made a big deal
about having to use city email when they don't answer emails.
Ms. Nicole Vaught thanked Mr. Dorsey for his department's work with the water on her street.
She was also appalled by the action of certain councilmembers at the last meeting.
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Mr. Tim Matthes spoke regarding the loss of Mr. Gil Michael and recognized his service to our
country and city.
3. APPROVAL OF AGENDA
Councilmember Chang added SC -Martin Luther King Jr. Day Proclamation.
Councilmember Lucarelli requested that Consent Agenda 4E and 4H be pulled for separate
consideration.
Councilmember Childs requested that Consent Agenda 4J be pulled for separate consideration.
MOTION: By Councilmember Putaansuu, seconded by Councilmember Ashby, to approve the
agenda as amended.
The motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 63306 through 63421 totaling $462,578.17; December Payroll
totaling $601,914.16; and the Treasurer's Check Book in the amount of $2,301,902.80
B. Approval of Setting the January Work Study Session Meeting Date
C. Approval of December 9, 2014, Council Meeting Minutes
D. Approval of a Contract with Hugh B. Doran, ISA Certified Arborist for On-Call Tree Risk
Assessments (CONTRACT NO. 007-15)
E. Approval of a Contract witl=t Progressive Lanelscape, LLC for Parks Maintenance Services
(Pulled for separate consideration) (CONTRACT NO. 009-15)
F. Approval of a Contract with American Council Employment Safety (ACES) for Occupational
Health and Safety Services (CONTRACT NO. 008-15)
G. Approval of a Contract with Northwest Cascade DBA FloHawks Plumbing + Septic for On-
Call Emergency Pumping Services (CONTRACT NO. 010-15)
H. Approval of a Contract witl=t 8abcock Laboratories, Inc. for UCMR3 Assessrnent Monitoring
(Pulled for separate consideration) (CONTRACT NO. 011-15)
I. Approval of a Contract with Centric Analytical Labs for Water Quality Testing (CONTRACT
NO. 006-15)
J. A1313roval of a Contract witl=t Grette Associates, LLC, for On Call ~nvironrnental Cons1:1lting
Services (Pulled for separate consideration) (CONTRACT NO. 016-15)
K. Approval of a Rental Agreement Needed Prior to Closing the 321 Maple Street Acquisition
for Well No. 10 Project (CONTRACT NO. 015-15)
L. Approval of Public Event Application: Cub Scout Day Camp
M. Approval of December 16, 2014, Work Study Session Minutes
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MOTION: By Councilmember Clauson, seconded by Councilmember Childs, to approve the
Consent Agenda as adjusted.
The motion carried.
5. PRESENTATION
A. Good Neighbor Awards -Councilmember Lucarelli presented the Good Neighbor Awards to the
best home, best business, and best neighborhood for holiday decorations.
B. Strong Cities Presentation -Mr. Dave Williams, AWC, presented the Strong Cities agenda.
C. Proclamation -Mayor Matthes proclaimed January 19, 2015, as Martin Luther King, Jr. Day of
Service in Action Day and invited the public to the Ebenezer African Methodist Episcopal Church's
program and celebration on January 19, 2015 at 10:00 a.m. at the Kitsap County Fairgrounds.
6. PUBLIC HEARING
None.
7. BUSINESS ITEMS
A. Appointment of Mayor Pro-Tempore for 2015
Staff Report: City Clerk Rinearson presented the staff report, noting according to RCW 35.23.191,
the City Council at their first meeting of each calendar year shall appoint a Mayor Pro-Tempore
from the current Councilmembers.
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Cartwright, to elect Councilmember Ashby as the Mayor Pro-Tempore for 2015.
The motion carried.
B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12.600 Parking
Passes to Require the Sales and Use Tax on the Sale of Parking Passes
Staff Report: City Clerk Rinearson said this ordinance authorizes sales and use tax to be added to
the price of parking pass rates as contemplated and deliberated in the 2015 Budget. Sales and use
tax, defined in RCW 82.14.020, is required to be collected upon the amount of parking pass rates
established for city parking lots as defined in POMC 10.12.480. The adopted budget includes
$10,300 to be collected in 2015 and paid to the Department of Revenue for sales and use tax on
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parking pass rates. Last year, the Department of Revenue performed an examination resulting in
$19,800 due for sales tax on hourly parking fees in City parking lots and for parking for 30 days or
more when the customer does not have a designated space or stall. The City paid the amount due
from parking rate fee revenue that is otherwise considered revenue of the General Fund.
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Clauson seconded, adopting an Ordinance amending POMC Chapter 10.12.600 adding sales and
use tax to the price of parking pass rates.
The motion carried.
(ORDINANCE NO. 001-15)
C. Approval of a Contract with HDR Engineering, Inc. for Well No. 9 Peer Review Additional
Services
Staff Report: Public Works Director Dorsey presented the staff report and recommended that the
Council authorize the Mayor to execute a contract with HDR Engineering, Inc. in an amount not to
exceed $26,000.00 for Well No. 9 Peer Review Additional Services.
Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember
Putaansuu, to approve a contract, authorizing the Mayor to execute an agreement with HDR
Engineering, Inc. in an amount not to exceed $26,000 for Well No. 9 Peer Review Additional
Services.
The motion carried.
(CONTRACT NO. 014-15)
D. Discussion: Purchase of 640 Bay Street
Staff Report: Development Director Bond presented the staff report and recommended that
Council discuss whether it wants to proceed with the purchase of this property. If so, whether it
wants to proceed with the purchase of this property given the possible the possible encroachment
and adverse possession claim at the same price and under the same conditions as set forth in the
Agreement.
At 8:01 p.m., the City Council recessed to Executive Session for 15 minutes, per RCW
42.30.llO(l)(i), to discuss potential litigation with legal counsel.
The Regular Meeting reconvened at 8:16 p.m. No action was taken.
Interim City Attorney Morris will discuss these issues with the receiver's attorney.
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E. Approval of a Contract with Progressive Landscape, LLC for Parks Maintenance Services
Staff Report: Public Works Director Dorsey presented the staff report and recommended that the
City Council authorize the Mayor to execute an ordinary maintenance contract with Progressive
Landscapes, LLC in the amount not to exceed $7,500.30 for the reduced scope 2015 Parks
Maintenance Services to include the Roundabout, Etta Turner Park, and the Flagpole Triangle. The
full scope of services could not be funded under the 2015-budgeted amount.
Council Consideration: -MOTION: By Councilmember Ashby, seconded by Councilmember
Lucarelli, to approve a contract, authorizing the Mayor to execute a ordinary maintenance
contract with Progressive Landscapes, LLC in the amount not to exceed $7,500.30 for the reduced
scope 2015 Parks Maintenance Services to include the Roundabout Park, Etta Turner Park, and the
Flagpole Triangle.
Councilmember Clauson expressed his concern about the parking lots downtown.
Councilmember Putaansuu stated he would like the money to be found to have the full scope of
work.
AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Childs to adjust the
contract terms to include the full scope for $9,600, plus tax.
The motion to amend carried.
The amended main motion carried.
(CONTRACT NO. 009-15)
F. Approval of a Contract with Babcock Laboratories, Inc. for UCMR3 Assessment Monitoring
Staff Report: Public Works Director Dorsey presented the staff report and recommended that the
City Council authorize the Mayor to execute a contract with Babcock Laboratories, Inc. in an
amount not to exceed $12,252.00 for the 2015 UCMR3 Assessment Monitoring Professional
Services, with the contract term beginning January 1, 2015 and ending December 31, 2015, with
renewal clause applicable.
Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember
Lucarelli, to approve a contract, authorizing the Mayor to execute an agreement with Babcock
Laboratories, Inc., in an amount not to exceed $12,252 for the 2015 UCMR3 Assessment
Monitoring Professional Services.
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In response to Councilmember Clauson, Public Works Director Dorsey said this is a new federal
regulation from the US EPA, and the City is currently in non-compliance.
The motion carried.
(CONTRACT NO. 011-15)
G. Approval of a Contract with Grette Associates, LLC, for On-Call Environmental Consulting
Services
Staff Report: Development Director Bond recommended that the City Council approve the
contract with Grette Associates, LLC in an amount not to exceed $20,000 for On-Call
Environmental Consulting Services.
Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember
Clauson, to approve a contract, authorizing the Mayor to execute an agreement with Grette
Associates, LLC, in an amount not to exceed $20,000 for on-call environmental services.
In response to Councilmember Childs, Development Director Bond said this is not a new expense.
A previous contractor, who is no longer available, was used for on-call environmental services; and
this is a pass-through cost to the developer.
In response to Councilmember Lucarelli, Development Director Bond said this is the first of this
type of report that they have had to review. Average costs for an in-depth review and site visit will
be around $1,500-$2,500.
The motion carried.
(CONTRACT NO. 016-15)
8. COMMITTEE REPORTS
Councilmember Clauson reported the next Finance Committee is January 20, 2015, 6:30 p.m. at
City Hall.
Councilmember Ashby reported the ED/Tourism Committee discussed the Economic Development
Element of the Comp Plan; Countywide Planning Policy for growth allocation and the potential of
the City accepting a larger allocation; public event process review; media kit development; and a
wayfinding system update. At KRCC, they discussed implementation elements of the new agency
structure, PRSC appointments, and the legislative agenda. At PSRC TransPol, they recommended
approval by the executive committee for the 2014-2015 coordinated grant program list of projects
and discussed their legislative agenda items.
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Councilmember Putaansuu reported the next Sewer Advisory Committee will meet February 18,
2015. The Utilities Committee discussed the stormwater utility, Well 10 update, and side sewers.
Councilmember Cartwright reported the Public Properties Committee discussed sidewalk use for
merchandise in the downtown area; park rules; homelessness within parks; possibly updating the
Parks Plan to coincide with Comp Plan; an annexation petition request; 640 bay street; impact
fees; a parking sign at Bay Street & Retsil; and water damage at the Active Club.
Councilmember Childs reported the KEDA meeting discussed how to attract business. The Decision
Makers Breakfast is January 28, 2015.
Councilmember Putaansuu reported the Kitsap Transit Board meeting received a presentation of
the consultant's business plan on the passenger-only ferry. There is a need to do more due
diligence before a ballot measure is considered. The Annapolis Ferry Dock needs to be made ADA
compliant. There will be a community meeting on January 17 at 2:30 p.m. at City Hall.
Councilmember Lucarelli attended the SKWRF Auditor's Exit Conference, and they received a good
report.
9. MAYOR'S REPORT
Mayor Matthes reported that he received positive comments regarding the great job done by
Public Works on the Christmas light decorations.
Mayor Matthes asked the Council to take a picture with Flat Stanley for a second grader named
Eve.
10. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reported the Bethel grinding plans are done and will be going to legal
ad in March. ·
City Clerk Rinearson reported AWC/MRSC has published training calendars.
11. CITIZENS COMMENTS
Captain Sherry Barnhart thanked Officers Jana Deck, Jerry Jensen, Matt Bell, Nathan Lynch, and
Bill Schaibly for their great work when she was robbed December 22. She thanked Police Chief
Marti and the whole police department and those behind the scenes.
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Glenna Bailey would like a review of the contract with Kitsap County Prosecuting Attorney's Office.
She does not believe they are doing their job .
12 . EXECUTIVE SESSION
An executive session was held at 8:00 p.m. during Business Item 7D.
13. ADJOURNMENT
The meeting adjourned at 9:12 p.m. No other action was taken.
1£/Lf.a~ Brandy Rinearson, cC: lty Clerk TimothyCatthes, Mayor