09/12/2005 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of September 12, 2005
PRESENT:
KIM E. ABEL, MAYOR
COUNCILMEMBERS:
John Clauson
Todd Cramer
Robert Geiger, Mayor Protem
Rita Dilenno
Carolyn Powers
Ron Rider
Rick Wyatt
ALSO PRESENT: Planning Director Long-Woods, Public Works Director Abed, Treasurer
Kristine Tompkins, City Clerk Etgen, and Assistant City Attorney Jacoby.
6:30 P.M. CALL TO ORDER
Fred Olin led the audience and Council in the Pledge of Allegiance.
APPROVAL OF AGENDA
The agenda was approved as submitted.
PRESENTATIONS
Kitsap County re Bethel Corridor
No one appeared at Council meeting for this presentation.
Kitsap County re Status of Phase II, Sub-Area Planning Process
James Weaver, Senior Planner of Kitsap County Community Development and Project
Manager for the South Kitsap County and Port Orchard sub-area plan updated the
Council, reviewing the timeline and action items. Mr. Weaver stressed the importance
of public input received in creating the plan.
AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA
Patrick Lucas, resident, thanked the Council and staff for their assistance with various
matters he has brought forward in the past.
Warren Adams, resident, questioned what happened to residents who do not agree to
hook up to the City's sewer system when a septic tank failed. He also expressed
concern about the high speed of traffic on the roads in the Flower Meadow area and
pedestrian safety.
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Page 2 of 6
CONSENT AGENDA
Council Member Clauson moved and Council Member Wyatt seconded a motion
approving the Consent Agenda as modified. Motion carried unanimously.
A. Approval of Claim Warrants #44014-44113 in the amount of $1,800515.18 and
August 2005 Payroll Warrants #139257-139323 and Direct Deposits in the Amount
of $328,305.83.
B. Approval of August 22, 2005 pqinutes -Moved to Business
C. Adoption of Resolution 024-05 Appointing Agent to Accept Claims for Damages
D. Adoption of Resolution 025-05 Authorizing Surplus of 1987 Ford Model #6610
Tractor with Mower
BUSINESS ITEMS
Approval of August 22. 2005 Minutes
Council Member Cramer moved and Council Member Wyatt seconded a
motion to approve the Council meeting minutes of August 22, 2005. Upon
vote, motion carried with Council Members Clauson and Diienno abstaining
due to their absence from the meeting of August 22, 2005.
Discussion and Recommendation -Automated Payment Systems
Treasurer Tompkins and Council Member Clauson presented a recommendation from
the Finance Committee regarding the use of debit/credit cards by customers to Council
for consideration.
Council Member Diienno moved and Council Member Wyatt seconded a
motion to direct staff to develop and bring back to Council a policy to accept
credit and debit cards, with the recommendation that the City use Kitsap
Bank to process these types of payments.
Treasurer Tompkins stated an overwhelming number of individuals had responded to a
survey sent to utility customers indicating they would like the City to supply return
envelopes with utility bills. She reported this service has since been provided. Out of
1100 returned surveys, 115 citizens indicated they would be interested in using
debit/credit cards to pay their utility bills. Council Member Clauson noted that the
survey also asked if people would be willing to pay for the service, which he felt
influenced the numbers. The debit/credit cards could be used for other services such as
building/planning fees.
Upon vote, motion carried unanimously.
Marquee:
1) Discussion-Recommendation re: Financing of Marquee Improvements
Treasurer Tompkins reported the Finance Committee reviewed financing options for
repairing and maintaining the marquee. She contacted a financial advisor who reviewed
the cost of general obligation bonds. Depending upon the outcome of the structural
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Page 3 of 6
analysis, $35,000 would be approximately half of the amount required on a yearly basis
to repay a debt for $500,000 in general obligation bonds.
Council Member Powers moved and Council Member Wyatt seconded a
motion to allocate $35,000 each year out of the hotel/motel tax revenue to
pay for anticipated debt for improvements to the Marquee.
Council Member Powers emphasized that this funding was specifically for the debt
incurred for the marquee and not any other projects.
In response to a citizen's request that the use of the funds go towards removal of the
marquee, Mayor Abel stated it was her recollection that the funds could only be used to
improve a building or structure, not remove it. Council Member Wyatt reported the City
Attorney had confirmed this fact. Council Member Powers pointed out the bonds would
not be issued until a decision had been made about the marquee.
Council Member Diienno advised Mr. David Bootheby, a downtown business owner, that
he should file a claim with the City for damages created by the marquee.
Council Member Diienno moved and Council Member Cramer seconded a
motion to table this matter until after the structural evaluation of the
marquee is performed. Upon vote, motion failed with Council Members
Clauson, Geiger, Powers and Wyatt casting dissenting votes and Council
Members Cramer, Diienno and Rider casting votes in the affirmative.
Council Members expressed their individual opinions about expending funds on the
marquee and whether or not it should be maintained or torn down. Council Members
Geiger and Wyatt stated they were familiar with correspondence from the Visitor and
Convention Bureau indicating the marquee was a tourist attraction.
RECESS
Mayor Abel called a recess at 7:29 p.m. in order for the staff to review the rules for the
motion to reconsider for Council Member Dilenno. Council reconvened into regular
session at 7:33 p.m.
Upon vote, motion carried with Council Members Clauson, Diienno, Geiger,
Powers and Wyatt voting in the affirmative and Council Members Cramer and
Rider casting dissenting votes.
2) Authorize Mayor to Sign Contract for Structural Engineering Evaluation of
Marquee
Public Works Director Abed reported the Public Property Committee had interviewed
four consultants and was recommending Council sign a contract with CfS* to perform
the structural evaluation of the marquee.
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Council Member Rider moved and Council Member Wyatt seconded a motion
to authorize the Mayor to sign the consultant contract with CTS* for an
amount not to exceed $17,656.00.
Council Member Dilenno moved and Council Member Cramer seconded an
amendment to the motion to strike blank fields from the contract. Upon
vote, the amendment carried unanimously.
Upon vote, the amended motion to authorize the Mayor to sign the
consultant contract with CTS* for an amount not to exceed $17,656.00, and
modifying the contract by striking blank fields from it carried with Council
Members Clauson, Diienno, Geiger, Powers and Wyatt voting in the
affirmative, and Council Members Cramer and Rider casting dissenting votes.
Discussion -NASCAR Impacts for Kitsap Countv -to Identify Issues of
Concern for Port Orchard
Mayor Abel requested Council input regarding the ISC NASCAR track potentially coming
to the Kitsap Peninsula, for her meeting with the Kitsap Regional Council later this
week.
Kim Ruona, citizen, spoke in favor of the track. Fred Chang, Kathy Lipka, and Fred Olin,
citizens, questioned whether the matter was being discussed prematurely, expressed a
desire to have the matter brought to citizens as a referendum, and questioned the
region's ability to handle the traffic created by the track.
Council Member Clauson stated he generally supported the concept and also wondered
if it was being discussed prematurely. He expressed a desire to review the projected
positive and negative impacts to the region along with public sector financial
obligations. Council Member Rider expressed the need to have the legislature fund
roadway improvements for the project and expressed a concern about the impacts of
the gas tax vote on the ability to fund transportation projects. Council Member Rider
requested information on why another county had refused to house the track.
Council Member Diienno agreed that financial impacts needed to be reviewed and also
expressed a desire to see the matter brought to citizens in the form of a referendum.
Council Member Geiger noted the Puyallup State Fair has run successfully for years with
no major highway access.
Authorize the Mayor to Sign Contract with Geo-Engineers to Prepare the
Water Qualitv -Husseman Grant Proposal
Council Member Diienno moved and Council Member Wyatt seconded a
motion to authorize the Mayor to sign the contract with Geo-Engineers for a
lump sum amount not to exceed $1,250.00. Upon vote, motion carried
unanimously.
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Authorize Mayor to Sign the Annapolis Water District Inter-tie Contract with
PACE Engineering
Council Member Geiger moved and Council Member Rider seconded a motion
to authorize the Mayor to sign a contract with PACE Engineering to design
the Annapolis water inter-tie with for a total amount not to exceed $20,000.
Council Member Diienno moved and Council Member Cramer seconded a
motion to continue the matter to the next regular Council Meeting of
September 26, 2005 in order for the City Attorney to review whether this
contract would have any consequential impacts on the existing agreement
with Bremerton. Upon vote, motion carried unanimously.
Authorize the Mayor to Sign Change Order No. 9 for the Joint Waste Water
Treatment Plant
Council Member Cramer moved and Council Member Rider seconded a motion
to authorize the Mayor to sign Change Order #9 for a total amount of
$62,031.77 plus local sales taxes.
Council Members Cramer and Rider indicated they had reviewed the funding request
and determined this alternative was cheaper than others, would save approximately
$37,000, and added that the road would be a permanent addition.
Upon vote, motion carried unanimously.
Authorize the Mayor to Sign Contract with E&l Janitorial Service (Abed)
Council Member Cramer moved and Council Member Dilenno seconded a
motion to authorize the Mayor to sign a contract extension with E&l
Janitorial Service for a total monthly amount not to exceed $3,685.00. Upon
vote, motion carried unanimously.
RECESS
The Mayor called a recess at 8:13 p.m. Council reconvened at 8:20 p.m. and
immediately went into executive session.
EXECUTIVE SESSION -For the Purposes of Discussing Potential Litigation
Council went into executive session at 8:20 p.m. for the purposes of discussing potential
litigation, and reconvened into regular session at 8:56 p.m.
COUNCIL/MAYOR & STAFF REPORT
The following meetings were set at the Council meeting:
Special Meeting-Joint SAC/Council Meeting-September 15, 2005, 6:30 p.m. at
Karcher Creek Sewer District Offices
Public Property Committee Meeting -September 15, 2005, 7:30 a.m. at City Hall
Minutes of September 12, 2005
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Growth Management Committee Meeting -September 22, 2005, 7:30 a.m. at City
Hall
Finance Committee Meeting-September 29, 2005, 7:30a.m. at City Hall
Special Meeting/Workshop (full Council) -October 3, 2005, 6:30 p.m. at City Hall
Council Member Cramer reported the Port of Bremerton is having a meeting on
September 16, 2005 from 1:00 p.m. to 6:00 p.m. in downtown Belfair to discuss
regional recreational and employment opportunities. Council Member Cramer
encouraged all Council Members to attend the meeting.
Council Members Clauson and Wyatt noted they would be out of the State at the next
regular Council meeting and asked to be excused at that time.
Planning Director Long-Woods stated two deliverables for the sub-area plan would be
presented to Council at the next regular meeting. The October 3, 2005 special
meeting/workshop has been scheduled to address the critical areas update with Council;
City Attorney Combs will make the presentation for Ms. Long-Woods.
Council discussed the 50-foot circle with Ms. Long-Woods, directing her to bring only
the issue of the circle to the Planning Commission meeting in October.
Public Works Director Abed reported the design consultant for the Tremont Street
project would present recommendations to interested parties at a meeting on
September 20, 2005 from 1:00 p.m. to 5:00p.m. Council is encouraged to attend. Mr.
Abed reported on a grant application for $300,000 to enhance the pedestrian walkway
along Bay Street. The new Assistant City Engineer, Matthew Zawlocki, will be starting
work on September 30, 2005, and interviews for the Building Inspector have been set
for September 19, 2005. Mr. Abed reported he has been working with the Franciscan
project developers and it is moving forward.
Mayor Abel reported the Health District would be asking agencies to fund a new well
baby care program; she will bring more information to Council in the future. She
reported in response to questions about why Port Orchard had not received funding this
year, Representative Kilmer had stated the City needs to come forward with a list of
recommendations. The Mayor will prepare a list for Council consideration and
prioritization for the workshop in October.
ADJOURNMENT
At 9:30 p.m. Mayor Abel adjourned the meeting.
Kim E. Abel, Mayor