03/10/2015 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of March 10, 2015
1. CALL TO ORDER AND ROLL CALL
Mayor Pro-Tern Ashby 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
Excused
Present
Absent
Staff present: City Clerk Rinearson, Public Works Director Dorsey, Police Chief Marti, Development
Director Bond, Deputy City Clerk Fernandez, and Interim City Attorneys Morris and Kelley were
also present.
A. Pledge of Allegiance
Mayor Pro-Tern Ashby led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Ms. Ann Sevaaetasi spoke regarding Business Item E and suggested the City consider using
MetroQuest instead of Mindmixer.
Mr. Nick Whittleton spoke regarding the KRCC ILA, which provided no level of funding, the voting
was disproportionate, and having to pay out of the General Fund a percentage of awards received
from PSRC.
3. APPROVAL OF AGENDA
MOTION: By Councilmember Cartwright, seconded by Councilmember Childs, to add a new
Consent Agenda Item 4G excusing Councilmembers Clauson and Putaansuu.
The motion carried.
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Page 2 of 9
MOTION: By Councilmember Cartwright, seconded by Councilmember Childs, to approve the
agenda as amended.
The motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 63687 through 63806 totaling $1,232,318.16; February Payroll
Warrant Nos. 146262 through 146305 totaling $590,962.05; Electronic Payments dates
2/01/2015 through 2/28/2015 totaling $1,800.56; and Treasurer's check deposit totaling
$1,625,427.83.
B. Approval of Setting the March Work Study Session Meeting Date
C. Adoption of a Resolution Declaring Certain Personal Property as Surplus {RESOLUTION NO.
003-15)
D. Public Event Applications: Mustangs on the Waterfront and Grand Parade
E. Setting a Public Hearing Date on the Interim Tremont Overlay District Regulations Approved
on February 24, 2015
F. Approval of a Contract with Cross, Lacross & Murphy for Public Defender Services
(CONTRACT NO. 033-15)
G. Excusal of Councilmembers Clauson and Putaansuu
MOTION: By Councilmember Cartwright, seconded by Councilmember Chang, approving the
Consent Agenda.
The motion carried.
5. PRESENTATION
No presentations were given.
6. PUBLIC HEARING
A. Public Hearing and Adoption of an Ordinance Amending POMC 13.06.060 Definition Revision
to Address Home-Based Businesses
Staff Report: Public Works Director Dorsey presented the staff report, noting this amendment
addresses an issue that was brought up during the storm drainage utility rate public hearing that
the definition of home-based business commercial activity needed clarification.
Mayor Pro-Tern Ashby opened the Public Hearing at 7:09 p.m.
Ms. Louella Hauenstein spoke regarding the classification and how it would affect investors.
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Mr. Whittleton thanked the City for addressing this concern, but thought more word-smithing was
needed in the ordinance.
There being no further testimony, Mayor Pro-Tern Ashby closed the Public Hearing at 7:11 p.m.
Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember
Mayor Pro-Tern Ashby, to authorize the Mayor to execute Ordinance No. 003-15, thereby
amending 13.06.060 POMC -Definitions within the Storm Drainage Utility.
In response to Councilmember Lucarelli, Public Works Director Dorsey said this ordinance defines
single-family residence.
In response to Councilmember Childs, Public Works Director Dorsey said four-plexes have always
been commercial.
In response to Councilmember Chang, Public Works Director Dorsey recalled when the storm
drainage gap analysis was presented, there were three ancillary items not related to the gap
analysis: home-based businesses, bed & breakfasts, and storm drainage credit. The bed &
breakfasts are not addressed in this definition clarification.
The motion carried.
(ORDINANCE NO. 003-15)
7. BUSINESS ITEMS
A. Adoption of a Resolution Confirming a Mayoral Appointment to the Planning Commission
Staff Report: City Clerk Rinearson presented the staff report, and noted the Mayor sought input
from various members of the public and the Community Development Director; therefore, he is
recommending appointing Mr. Marcus Lane.
Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Childs,
to adopt a resolution confirming the Mayor's appointment to the Planning Commission as set
forth in the Resolution.
The Council asked Mr. Lane questions regarding his background and experience, and discussion
was held regarding the process the City used to solicit applications for the appointment.
The motion carried.
(RESOLUTION NO. 005-15)
B. Approval of an lnterlocal Agreement with Kitsap County for the Urban County Community
Development Program Funds
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Staff Report: City Clerk Rinearson presented the staff report, noting Mary McClure, Kitsap Regional
Coordinating Council Executive Director, gave a presentation at February 24, 2015, Council
meeting.
Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember
Chang, to approve an lnterlocal Agreement authorizing the Mayor to execute an agreement with
Kitsap County for the Urban County Community Development Program Funds.
Mayor Pro-Tern Ashby said the only change for this agreement is the program will be housed at
Kitsap County instead of KRCC. She also clarified that the City has adopted policies and enforces
them, which were listed under Item 2.7.
Councilmember Lucarelli asked if this could be moved to Work Study. Mayor Pro-Tern Ashby said
their fiscal year starts in March.
In response to Councilmember Chang, Mayor Pro-Tern Ashby said this grant provides temporary
housing for those in need. Individually the City does not have the need or volume to qualify for the
grants and there is geographic equity in the distribution of funds.
The motion carried.
(CONTRACT NO. 038-15)
C. Approval of an lnterlocal Agreement with Kitsap County for Allocation of SHB 2060 Surcharge
Funds to Very Low Income Housing Projects
Staff Report: City Clerk Rinearson presented the staff report, noting Mary McClure, Kitsap Regional
Coordinating Council Executive Director, gave a presentation at February 24, 2015, Council
meeting.
Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember
Lucarelli, to approve an lnterlocal Agreement authorizing the Mayor to execute an agreement with
Kitsap County for allocation of SHB 2060 surcharge funds to very low income housing projects.
The motion carried.
(CONTRACT NO. 037-15)
D. Approval of an lnterlocal Agreement with Kitsap Regional Coordinating Council for Developing
County-wide Planning Policies under the Growth Management Act
Staff Report: City Clerk Rinearson presented the staff report, noting Mary McClure, Kitsap Regional
Coordinating Council Executive Director, gave a presentation at February 24, 2015, Council
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meeting and requested the Council consider adopting the lnterlocal Agreement at tonight's
meeting.
Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember
Cartwright, to approve an lnterlocal Agreement authorizing the Mayor to execute an agreement
among Kitsap County, the four Kitsap Cities of Bremerton, Bainbridge Island, Port Orchard, and
Poulsbo, and the Port of Bremerton to re-structure the Kitsap Regional Coordinating Council to
provide a joint board for the purpose of collaborative decision-making with respect to land use,
transportation, and other issues related to countywide growth management.
Councilmember Childs asked how much this is going to cost the City of Port Orchard.
Mayor Pro-Tern Ashby gave background on KRCC's contract with McClure Consulting and the
Agency Review Team's work and their recommendation to focus on transportation and land use
moving forward. KRCC's Executive Board has decided to become a joint board, much like the
CenCom board. The KRCC Board wants to hire an Executive Director and staff instead of a
consultant. There will also be an administrative agency, which will house the employees and
handle the accounting, legal support, and physical management. The City of Poulsbo and Kitsap
County submitted bids to become the administering agency; however, a decision has not been
made yet. Currently, the City of Port Orchard pays $7,000 a year for KRCC/PSRC dues. She
estimated the new amount could be $9,500-$9,800, and the surcharge on grants would not
happen. The budget and the dues structure have not been formalized. The voting structure has
not been changed.
Rob Gelder, chair of KRCC, corresponded with Mayor Pro-Tern Ashby, and said the budget would
be set by a separate agreement and action, and therefore is not part of this ILA. He also said
insurance would most likely be covered by the administering agent.
In response to Councilmember Childs, Mayor Pro-Tern Ashby said the KRCC Executive Committee
will develop the budget, and she is a member of that committee. They will bring it forward to the
KRCC Board. She does not know if it will be brought forward to the councils for ratification .
In response to Councilmember Cartwright, Mayor Pro-Tern Ashby said originally the ART
Committee thought that the surcharge could be part of our transportation funding. PSRC said it is
a direct expense to us. So we would want to think in terms of rather having a 13.5% match, we
would have a 15% match. That has not been decided. The assumption she is under from sitting on
the Executive Committee is the dues structure will not change.
In response to Councilmember Chang, Mayor Pro-Tern Ashby said the bylaws are not changing.
Councilmember Chang is concerned about the cost allocation .
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Councilmember Lucarelli said she is not comfortable approving the ILA without a budget.
MOTION: By Councilmember Childs, seconded by Councilmember Cartwright, to move this
discussion forward to the first meeting in April.
The motion carried.
E. Adoption of a Resolution Approving Sole Source Contract with Socialmentum, LLC for the
Mindmixer Platform
Staff Report: Development Director Bond presented the staff report, noting in January, Public
Properties and Economic Development/Tourism Committees have participated in a conference call
with Socialmentum, LLC regarding their Mindmixer platform. After consideration, the Public
Properties Committee recommended that a contract for the software be brought before the City
Council for consideration.
Council Consideration: -MOTION: By Councilmember Cartwright, seconded by Councilmember
Chang, to adopt the resolution approving the sole source contract with Socialmentum for the
Mindmixer Platform.
In response to Councilmember Cartwright, Development Director Bond said they looked at many
software platforms. MetroQuest is geared towards city planning surveys; it is not a crowd-sourcing
platform where people can create more ideas that are open-ended. Mindmixer allows for surveys,
as well as discussion, crowd sourcing, and sharing ideas through social networks. It is a way to
maintain communications between interested citizens and the City. It also provides link to elected
officials, so they know whom to talk to when they want to be heard.
Councilmember Childs said he has a problem spending this money at this point and the staff time
it would take to monitor this type of a program.
Councilmember Cartwright said the Council has been talking at length about getting input from
the public for the comprehensive plan and parks plan. Staff time is very limited. This is a way to
gather very important feedback from the citizens, and $2,500 is very reasonable to spend on a tool
that will gather information from the public. He said Nick and his staff do not have the time to do
everything the Council is asking them to do, and this will help them.
Councilmember Chang added this would expand the City's technology. Currently there is no way
for citizens to participate with their smart phones.
Councilmember Lucarelli feels it will take time to become acquainted with the new tool, and staff
would not be able to use it in time for the comprehensive plan. She questioned if it excluded
anyone and if it would provide a good cross section ofthe public in Port Orchard.
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Development Director Bond said his associate planner has experience as an administrator using
this platform from her previous job. He said the whole purpose of this is to include people who do
not have time to come to a meeting.
The motion passed l to 2. Councilmember Childs and Lucarelli voted no.
(RESOLUTION NO. 004-15 and CONTRACT NO. 039-15)
F. Approval of February 17, 2015, Council Work Study Session Meeting Minutes
Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember Chang,
to approve the minutes.
The motion passed 4 to O. Coundlmember Cartwright abstained.
G. Approval of February 24, 2015, Council Meeting Minutes
Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Childs,
to approve the February 24, 2015, meeting minutes.
The motion passed 4 to 0. Councilmember Cartwright abstained.
H. Approval of Public Event Application: Port Orchard Farmers Market
Staff Report: City Clerk Rinearson presented the staff report, noting the difference with this
request from prior years is the market would like to place a small locked shed or pod in on parking
space all year long.
Council Consideration: -MOTION: By Councilmember Chang, seconded by Councilmember Childs,
to approve the public event application from the Kitsap Regional Farmers Market, but deny the
request to place a small 'pod' in the city's parking space.
Councilmember Chang said he did not feel this was a good use of a parking space.
Councilmember Lucarelli said a pod could get in the way of other events downtown and there is
the issue of liability and vandalism.
Councilmember Cartwright stated parking is limited and he would not want this to become a
trend.
The motion carried.
I. Approval of Public Event Application: Hog Fest
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Staff Report: City Clerk Rinearson presented the staff report, noting this is the first Hog Fest event,
and is a pork festival, national BBQ Association sanctioned BBQ cook-off. This will benefit the City
by drawing people from the entire northwest region to the area. The event will begin at Barn with
approximately 2,500 visitors and 15 exhibitors.
Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember
Cartwright, to approve the public event application from the Port Orchard Bay Street Association,
and allow them to hold their event using City parking lots and right-of-ways.
Discussion was held regarding the Public Event Application needing more details to be provided
before the Council could approve it.
MOTION: By Councilmember Cartwright, seconded by Councilmember Chang, to forward this to
April 28, and that will give an opportunity to have Public Property review it April 13; and ask the
Clerk to keep September 20, open since he is the first one in line; and he invites Mr. Donlin, if
possible, to attend the Public Property meeting April 13, here at 8:30 in the morning to give more
time to work through some of these questions.
The motion carried.
8. COMMITTEE REPORTS
Councilmember Childs reported the next Finance Committee meeting is March 27, at the Pancake
House.
Mayor Pro-Tern Ashby reported ED/Tourism met yesterday and discussed population and
employment data; public event tool kit; foot ferry; best available science scope of work;
Mindmixer contract; wayfinding system update; and the comprehensive plan. She also said she
attended KRCC on March 3, and will be attending KRCC Transpol this Thursday.
Councilmember Cartwright reported public properties discussed Active Club water issues,
Slaughter County coffee stand, smoking in front of Active Club, no parking at end of Tremont
Place, Van Zee Park lease, 125th Anniversary street closure, Farmers Market pod, and parks
committee. The next meeting is April 13.
Councilmember Lucarelli reported the Utilities Committee meeting is Friday at the Pancake House.
Councilmember Childs reported KEDA is having annual meeting and luncheon on March 19.
9. MAYOR'S REPORT
The Mayor was not present to give a report.
10. REPORT OF DEPARTMENT DIRECTORS
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Public Works Director Dorsey reported he received an email that resolution for the Bay Street
Pedestrian Path Bridge has been reached.
Development Director Bond reported there would be two Joint Planning Commission and City
Council meetings on April 15 and April 23, and he received the wayfinding sign project final
deliverables and logo.
City Clerk Rinearson reported the Mindmixer software would maintain the dialogue for public
record requests, and she gave an update on the next 125th Anniversary committee meeting.
11. CITIZENS COMMENTS
Mr. Nick Whittleton spoke regarding using inappropriateness of holding City meetings at the
Pancake House.
Ms. Gerry Harmon asked for when the City does surveys, she would like to see opportunities to
provide comments to the questions.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT