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02/23/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February, 23, 2010 1. CALLTOORDERANDROLLCALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tern Rob Putaansuu, and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Patti Kirkpatrick, Public Works Director Mark Dorsey, Police Chief Alan Townsend, Treasurer Allan Martin, Development Director James Weaver, Deputy Clerk Brandy Rinearson, and City Attorney Greg Jacoby were also present. A. Pledge of Allegiance The Happy Tails 4-H Club led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENTS Melinda Faye voiced her concern with a "no pet" policy at the Active Club building, noting that her family has been involved in the Active Club building use for four generations. 3· APPROVAL OF AGENDA The following items were removed from the Consent Agenda and placed under Business Items: • Adoption of Resolution No. 014-10, Ratifying the Mayor's Signature for Professional Services Contract with Theresa D. Johnson CPA, Inc. for Specialized Accounting • Adoption of Resolution No. 015-10, Accepting the Bid for a 2010 Ford Escape Police Vehicle Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 53152 through 53212 in the amount of $49,146-49 B. Approval of the February 9, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to March 16, 2010, at 7:00p.m. at City Hall D. Adoption of Resolution No. 011-10, Authorizing the Mayor to Execute Change Order No. 1, with Ward C. Mueller and Associates, Inc., for Sanitary Sewer Easements Associated with the Granlund Property E. Adoption of Resolution No. 012-10, Authorizing the Mayor to Execute Change Order No. 1, with Robinson Noble Saltbush for Well No. 11 Hydrogeologic Services Minutes of February 23, 2010 Page 2 of8 F. Adoption of Resolution No. 013-10, Authorizing the Mayor to Execute Change Order No.2 with Pacific Air Control, Inc. for HVAC Maintenance) C. AdoptioH of ResolutioH :No. 014 10, RiltifyiHg the MayoF's SigHatme foF PFOfessioHal SeFViees CoHtFaet with TheFesa D. JohHsoH CP,\, Iae. foF Speeialized AeeoHHtiag H. ,\doptioH of R-esolutioa No. 015 10, AeeeptiHg the Bid foF a 2010 FoFd Eseape Poliee Vehiele Councilmember Olin MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation: Brain Injury Awareness Month Mayor Coppola read the Brain Injury Awareness proclamation into the record, and presented the proclamation to Suzanne Griffin, who thanked the Council for their continued support. B. Western Washington Center for the Arts Patty Henderson provided a brief presentation regarding the importance of supporting local theatre the Western Washington Center for the Arts, noting the following: • They are a non-profit organization; • The theatre contains 78 seats; • Welcomed ideas from the Council and the community on how to help raise funds; • Their motto is to present, promote and preserve theater; and • Additional information was available on their website at: www.wwca.us. The Western Washington Center for Arts performed a song entitled, "Plant a Radish." 6. PUBLIC HEARING No Public Hearings were held. 7. BUSINESS ITEMS A. Adoption of Resolution No. 016-10, Authorizing the Mayor to Execute Contract Amendment No. 1, with Waste Management of Washington, Inc., dba Brem-Air Disposal Minutes of February 23, 2010 Page3 of8 Public Works Director Dorsey presented the staff report, noting staff has been working with Waste Management of Washington, Inc. dba Brem-Air Disposal ("Waste Management") on extending the current contract. The City is allowed two (2) contract extensions with the first being three (3) years and the second being two (2) years. Mr. Terry Bickel, Waste Management District Manager, agreed to grant a two (2) month extension to February 28, 2010, to allow the City additional time to exercise their first contract extension option. Contract Amendment No.1 proposes to extend the current contract expiration date of June 30, 2010 to June 30, 2013, with all terms and conditions as set forth in the original contract. City Attorney Jacoby clarified that the contract amendment allowed for Multi-family residents to participate in the Spring/Fall cleanup weeks; however, commercial accounts would continue to be excluded. Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 016-10, authorizing the Mayor to execute Contract Amendment No.1, with Waste Management of Washington, Inc. dba Brem-Air Disposal and extending the contract expiration date from June 30, 2010 to June 30, 2013. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 017-10, Authorizing the Mayor to Execute Contract with Hemley's Septic Tank Cleaning, Inc., for McCormick Woods Annual Septic Tank Maintenance Public Works Director Dorsey presented the staff report, noting on January 20, 2010, the Public Works Department selected and sent out Requests for Proposal (RFP) to four (4) local contractors from the City's 2009 Small Works Roster for the McCormick Woods Annual Septic Tank Maintenance Program, whereby 98 selected septic tanks are to be pumped out and serviced in 2010. All four RFP's were received by the Public Works Department by 4:00 p.m. on February 3, 2010, as follows: Hemley's Septic Tank Cleaning, Inc. FloHawks Plumbing & Septic Action Onsite Services, Inc. Kitsap Septic Pumping $23,414.16 $24,990.00 $25,46s.oo $28,203-42 $238.92/tank $255.00/tank $259.85/tank $287.79/tank Upon review of the bids received, Hemley's Septic Tank Cleaning, Inc., was determined by staff to be the lowest qualified bidder with a bid of $23,414.16, total cost, including sales tax, for the pumping and servicing of 98 selected septic tanks at McCormick Woods. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 017-10, as amended, authorizing the Mayor to execute the McCormick Woods Annual Septic Tank Maintenance Contract No. Minutes of February 23, 2010 Page4of8 C029-10, with Hemley's Septic Tank Cleaning, Inc., in the amount of $23,414.16 for 98 selected tanks with funds from Water Sewer Utility Fund. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 018-10, Directing City Staff to Work with Port Orchard Morning Rotary and WSU-Kitsap County Extension Master Gardner Program to Establish a P-Patch Community Garden Public Works Director Dorsey presented the staff report, noting the Port Orchard Morning Rotary and the Washington State University in cooperation with Kitsap County Extension Program have been working to establish a P-Patch Community Garden within South Kitsap. Several locations have been looked at by these two organizations, with one of the location being at Central Park on Dwight Street. The Morning Rotary, WSU, and the Master Gardener's Program have volunteered to contribute funding, gardening expertise, education sessions, and labor to create a number of annual garden beds for recreational and youth gardeners. Councilmember Childs MOVED and Councilmember Olin seconded the motion to adopt Resolution No. 018-10, directing City staff to work with the Port Orchard Morning Rotary, WSU-Kitsap County Extension, and the Master Gardener's Program to establish a P-Patch Community Garden at Central Park located on Dwight Street in Port Orchard. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 014-10, Ratifying the Mayor's Signature for Professional Services Contract with Theresa D. Johnson CPA, Inc. for Specialized Accounting City Treasurer Martin presented the staff report, noting that since 2004 the City has annually contracted with Teresa D. Johnson CPA, Inc. for technical assistance in the preparation of its Annual Financial Report. The City benefits from having a knowledgeable expert with broad experience who works with numerous municipalities. This benefit is reflected in the numerous clean state audits where no reporting corrections were required. Washington State municipalities are required to follow the State Auditor's prescribed account and reporting model. In addition, financial reports adhere to generally accepted accounting principles (GAAP), and Governmental Accounting Standards Board (GASB) criteria. Such standards' establishes governmental accounting and financial reporting that results in useful information for users of financial reports and guide and educate the public. Although Treasurer Staff has gained its own knowledge of reporting requirements and financial report preparation, Ms. Johnson provides an experts "second opinion" and final review. Each year the City has required less outside technical assistance. Minutes of February 23, 2010 Pages of8 Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 014-10, ratifying the Mayor's signature on the Professional Services Contract No. Co28-1o, with Teresa D. Johnson CPA, Inc. for specialized accounting in an amount not to exceed $1,070. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 015-10, Accepting the Bid for a 2010 Ford Escape Police Vehicle Police Chief Townsend presented the staff report, noting that as part of the 2010 annual operating budget, the Police Department is able to purchase a police vehicle. After review of department needs, it was determined that the vehicle would be a Ford Escape, with the requirements for the vehicle being advertised for bid on January 29, 2010, with sealed bids due on February 9, 2010. On February 9, 2010, a total of one (1) written bid was received. The bid was a qualified bid and was from Bay Ford of Port Orchard for a Ford Escape XLT 4 door, 4WD police vehicle in an amount not to exceed $23,000, which includes all sales tax and licensing and recording fees. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 015-10, accepting the Ford Escape police vehicle bid as submitted by Bay Ford of Port Orchard in an amount not to exceed $23,000, which includes all sales tax, licensing, and recording fees, with funds from the 2010 Police Department annual operating budget. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS Terry Bickel, Waste Management District Manager thanked the Council for its continued trust in Waste Management, and he looked forward to continuing to provide great service to the City of Port Orchard. In appreciation of the City's confidence in Waste Management, Mr. Bickel stated he would donate $1,000 to the Western Washington Center for the Arts. Gerry Harmon asked the Council to look into adopting a resolution regarding if a building is wanting to go over 44 feet in height, they have to contribute money to maintain historical buildings within their town; and stated that hybrid cars sound great but how will the environment handle batteries once they are no longer good. In response to Harriet Norwood, Councilmember Olin stated the trees at Central Park would become part of the responsibility of the organizers of the P-Patch Community Garden and would not be cut down. Minutes of February 23, 2010 Page 6of8 9· COMMITIEE REPORTS Councilmember Colebank reported on his attendance at the Puget Sound Regional Coordinating Council and the Growth Management Board regarding the 2040 Vision Plan and the Washington Department of Transportation bridge toll proposal. Councilmember Putaansuu reported the Utilities Committee had met regarding the Sewer Comprehensive Plan and rates; and discussed ways to modify the step systems in McCormick Woods. Councilmember Childs announced the Tourism Committee would meet on March 10, 2010, at 5:30 p.m. at City Hall. Councilmember Chang was intrigued by the County's recent position of removing members from its Lodging Tax Advisory Committee who were recipients of Hotel/Motel tax fund. City Clerk Kirkpatrick advised the Council that RCW's state that members of a Lodging Tax Advisory Committee must be equal numbers of hoteliers and recipients; and that she was working on refining the City's Lodging Tax Advisory Committee's role and procedures. Councilmember Olin reported the Public Properties Committee would meet on March 9, 2010, to discuss the Pee Wee and Little League leases; and reported he had heard back from the South Kitsap School District regarding a student representative being a part of City Council meetings. Councilmember Clauson reported the Finance Committee would meet on February 26, 2010, at 7:30a.m. at Myhre's. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Mayor's newsletter in now available online in video form; • Met with Legislatures in Olympia and will be there Friday, February 26, 2010, to testify regarding the SR166; • Conducted the Police of Chiefs yearly performance evaluation; • Met with the City's Public Defender, Todd Buskirk, regarding next year's contract; • Attended the West Sound Business Expo; and as other cities participated was encouraged to hopefully have a booth next year; • Met with Jim Flavin with the Tacoma Rainiers; • Had lunch Desiree Bessette, the City's employee of the fourth quarter; and • Met with Puget Sound Regional Coordinating Council's Executive Committee; Minutes of February 23, 2010 Page 7of8 11. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver reported that the Kitsap County Commissioners have signed the Interlocal Agreement regarding McCormick Woods Park; the Planning Commission requested to have a seat on the Boundary Review Board; and that the Planning Commission members would be attending the March 16, 2010, Work Study Session to discuss their 2010 goals. In response to Mayor Coppola, City Attorney Jacoby would research whether this may be a conflict of interest to have a Planning Commissioner serve as a member of the Boundary Review Board and would provide an update at the March 16, 2010, work study session. City Treasurer Martin repotted that there are currently 51 utility customers who have signed up for automatic bill pay; the Treasurer's staff continues to pursue accepting credit card payments; and the 2010 Annual Budget would be available shortly. City Attorney Jacoby announced the Council would hold a five-minute executive session to discuss personnel matters and following the regular meeting would convene into a labor negotiation meeting. Public Works Director Dorsey repmted on the following: • Tremont Widening Project was approximately 85% complete with PSE and should be shovel ready in 2010; • The Seawall project would be ready for bid in April or May; • The Bay Street Pedestrian Pathway was in the design stage and 95% submittal for phase I, with phase II involving public comments; • The Cedar Sidewalk project may be pushed into 2011 and may be a joint project with Kitsap County for grant oppottunity; and • SR166 bill passed at the Senate level and will be going before the House Committee on Friday, February 26, 2010, for approval. 12. EXECUTIVE SESSION At 8:23 p.m. Mayor Coppola recessed the meeting for a five-minute executive session regarding personnel matters in accordance with RCW 42.30.110(1)(A). City Attorney Jacoby and Development Director Weaver were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:28p.m. Mayor reconvened Council back into regular session. Minutes of February 23, 2010 Page 8 of8 13. ADJOURNMENT At 8:28p.m. Mayor Coppola adjourned the meeting.