09/27/2011 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of September 27, 2011
1. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson
and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin,
and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police
Chief Townsend, Public Works Director Dorsey, City Treasurer Martin, Deputy City Clerk
Rinearson, and City Attorney Jacoby were also present.
A. Pledge of Allegiance
Debbie Austin led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
There were no citizen comments.
3· APPROVAL OF AGENDA
Councilmember Childs MOVED and Councilmember Powers seconded the
motion to approve the Agenda. Upon vote, the main motion as amended
passed unanimously.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to amend the agenda by adding: Business Item 7E Adoption of
Resolution No. 033-11, Regarding the Appeal of Engley Diversified, Inc. for
Eight Construction Permit Applications. Upon vote, the motion to amend
passed unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrant Nos. 56276 through 56363 in the amount of $188,075.35
B. Approval of the September 13, 2011, Council Meeting Minutes
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion approving the Consent Agenda. Upon vote, the motion passed
unanimously.
5· PRESENTATION
A. Kitsap Community Resources (Larry Eyer)
This presentation was moved to the October 11, 2011, Council meeting.
B. CityWellAward
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City Clerk Kirkpatrick read a letter from the National League of Cities congratulating the
City on its recent 2011 WellCity Award of Achievement from the Association of Washington
Cities into the record.
6. PUBLIC HEARING
A. Mr. and Mrs. Robert Jones Request for Permission Regarding Use of
DeKalb Street Right-of-Way
Public Works Director Dorsey presented the staff report, noting on September 13, 2011, the
City of Port Orchard's Public Properties Committee reviewed the September 9, 2011, letter
from Robert and Rhonda Jones, residing at 713 Dekalb Street, requesting permission to
make specific physical improvements to the west end of the Dekalb Street right-of-way. The
proposed physical improvements were: 1) continue with the extension of existing block
retaining walls from the Jones property onto the Dekalb Street right-of-way at the west end
embankment; 2) maintain the recently constructed trellis; and 3) install a 4-ft high fence
and landscaping at the wall. Staff understood these encroachments constituted a de-
minimis use of the City's right-of-way, and did not appear to create any traffic safety
concerns. The Public Properties Committee recommended approval pursuant to the
conditions outlined in the Agreement.
Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public
Hearing at 7:05p.m.
7. BUSINESS ITEMS
A. Approval of Contract No. 075-11, Authorizing Public Works Director to
Issue Mr. and Mrs. Robert Jones Letter Granting Use of the DeKalb Street
Right-of-Way for Specific Improvements
Public Works Director Dorsey presented the staff report, noting a public hearing was held
earlier in the meeting on this issue; and that the Public Property Committee recommended
approval pursuant to the conditions outlined in the Agreement.
Councilmember Putaansuu stated a conflict of interest due to being the Petitioner's
neighbor and recused himself from the discussion and vote.
Councilmember Olin MOVED and Councilmember Childs seconded the motion
to approve Contract No. 075-11, thereby authorizing Public Works Director to
issue Mr. and Mrs. Robert Jones a letter for the use of the Dekalb Street right-
of-way for specific improvements pursuant to the agreement conditions. Upon
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vote, the motion passed with six affirmative votes. Councilmember
Putaansuu was recused.
B. Approval of Contract No. 076-11, Authorizing the Mayor to Execute an
Agreement with C-More Pipe Services for 2011 Sewer TV and Pipe Cleaning
Maintenance
Public Works Director Dorsey presented the staff report, noting on August 17, 2011, the
Public Works Department issued a Request for Proposal's (RFP) to three companies listed
on the 2011 Public Works Small Works Roster. One bid was received prior to the August
31, 2011, proposal deadline; and noted C-More Pipe Services was determined the lowest
responsible bid at $57,786.06. The bid exceeded the allocated $so,ooo budget amount for
the 2011 TV and Cleaning and Staff requested the additional funds come from the 2011
pipe lining portion of the budget, noting that if a specific pipe lining need is encountered,
a change order will be issued and drawn from the pipe lining budget. A summary of bids
received is as follows: ·
Michels Corporation Did Not Submit Bid
C-More Pipe Services $57,786.06
A-1 Services, Inc. Did Not Submit Bid
Councilmember Putaansuu MOVED and Councilmember Powers seconded the
motion to a approve Contract No. 076-11, authorizing the Mayor to execute a
contract with C-More Pipe Services for the 2011 Sewer TV and Cleaning
Maintenance in an amount of $57,786.06, with the contract term beginning
September 28, 2011 and ending December 31, 2011. Upon vote, the motion
passed unanimously.
C. Approval of Contract No. 077-11, Authorizing the Mayor to Execute an
Agreement with Tucci & Sons, Inc. for the 2011 Roadway Asphalt
Overlay /Replacement Project
Public Works Director Dorsey presented the staff report, noting on August 29, 2011, the
City of Port Orchard Public Works Department issued a Notice to Bidders/Invitation to
Bid to the Kitsap Sun, Daily Journal of Commerce and the Builders Exchange for the
City's 2011 Roadway Asphalt Overlay/Replacement Project. Two sealed bids were received
prior to the 11 a.m., September 16, 2011, bid deadline. The Tucci & Sons, Inc. bid was
determined to be the lowest responsible bid at $565,930.80, for all identified project
schedules (A through E). The Engineer's Estimate (with 15% contingency included) was
$774,903.88. The Tucci & Sons, Inc. bid for all project schedules exceeded the 2011
funding allocation of $535,000. Therefore, additional funding would need to be allocated
via a 2011 Budget Amendment or included in the 2012 Budget. It was anticipated that all
project schedules would be completed within 2011-2012. A summary of the bids received
are as follows:
Tucci & Sons, Inc.
Miles Resources, LLC
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$565,930.80
$596,874·45
In response to Councilmember Chang, Public Works Director Dorsey stated a map of the
overlaying project of what was covered would be placed onto the City's website.
After a brief discussion, Council directed the City Treasurer to add this item to the next
Finance Committee meeting agenda for further discussion on allocation of additional funds.
Councilmember Clauson MOVED and Councilmember Olin seconded the
motion to approve Contract No. 077-11, authorizing the Mayor to execute an
agreement with Tucci & Sons, Inc. for the 2011 Roadway Asphalt
Overlay/Replacement Project in the amount of $565,930.80 with the contract
term beginning September 28, 2011 and project completion within 150
working days. Upon vote, the motion passed unanimously.
D. Approval of Public Event Application: Holly Daze Craft & Gift Show
City Clerk Kirkpatrick presented the staff report, noting each year several organizations
requested permission to close certain City streets, or the use of City parking lots, or the use
City parks. Debbie Austin, with Soroptimist International of Port Orchard, submitted an
application for the annual Holly Daze Craft and Gift Show being held on Saturday, October
29, and Sunday October 30, 2011. Ms. Austin requested permission to place temporary
signage in the City right-of-way from October 1 through October 30, 2011.
Councilmember Powers MOVED and Councilmember Olin seconded the
motion to approve the public event application for Soroptimist International
of Port Orchard and to use the City's right-of way to place temporary signage
from October 1 through October 30, 2011, for the Holly Daze Craft and Gift
Show. Upon vote, the motion passed unanimously.
E. Adoption of Resolution No. 033-11, Regarding the Appeal of Engley
Diversified, Inc. for Eight Construction Permit Applications
City Attorney Jacoby presented the staff report regarding the appeal of Engley Diversified,
Inc. for eight construction permit applications to construct billboards, which was remanded
to the City Council by the U.S. District Court. The Council held a closed record hearing on
September 13, 2011. Resolution No. 033-11, sets forth the Council's findings, conclusions,
and decision based on its review of the administrative record, its consideration of the
parties' oral arguments, and its internal deliberations.
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Councilmember Chang stated he was not involved in the original decision and recused
himself from the discussion and vote.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 033-11, on the appeal of Engley Diversified,
Inc. for eight construction permit applications to construct billboards,
granting the appeal in part and denying it in part. Upon vote, the motion
passed with six affirmative votes. Councilmember Chang was recused.
8. COMMITTEE REPORTS
Councilmember Putaansuu reported the City and West Sound Utility District received a
grant to install a purple pipe for water reuse at the sewer plant, which was installed, but not
yet actively being used.
Councilmember Colebank reported he attended the Puget Sound Regional Council
Transportation Policy Board meeting regarding planning for the prioritization of the
Transportation 20-40 project; attended the Kitsap Regional Coordinating Council, which
consisted of a presentation by the Port of Bremerton regarding the possible Boeing 737
assembly plant at the Bremerton Airport, and a smaller presentation regarding the 20-40
prioritization process and legislative agenda items; and noted both meeting could be seen
on Television.
Councilmember Clauson reported the Finance Committee looked at last month's sales tax
receipts and asked the Mayor to encourage staff to purchase needed items only; and
discussed the timing of the Bethel annexation revenues, i.e. when will the revenue be
received versus when services would need to start and suggested the discussion be held at a
future work study session.
9· MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Attended the Kitsap Regional Coordinating Council Board meeting;
• Met with Mayor Lent regarding the Monthly PSRC conference calls;
• Met with Mayor Erickson, and Commissioners Garrido and Gelder regarding the
City's proposed PFD legislation;
• Attended the Quarterly Mayor's Dinner;
• Met with a citizen concerned regarding ethics of a business which was not in City
limits;
• Attended grand opening of Cookies Dog Wash;
• Met with City Treasurer and Department Directors regarding the 2012 budget;
• Participated in the County-wide earthquake drill;
• Spoke at the South Kitsap Kiwanis's Club;
• Attended the Kitsap Transit Board meeting;
• Attended the CENCOM Board meeting;
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• Attended the Kitsap Economic Development Alliance Executive Committee Board
meeting;
• Participated as a panelist at the West Sound Technology Association regarding
Voices of Government;
• Attended the Mayor's exchange; and
• Attended the Washington Policy Center meeting, which assessed the State's business
climate; and was pursuing establishing a sister-city relationship with another city
that would benefit both of the cities in such matters as legislative issue support.
10. REPORT OF DEPARTMENT DIRECTORS
City Clerk Kirkpatrick reminded the Council that the AWC regional meeting would be held
on Thursday, October 13, 2011, in Bremerton; and to contact her office should they wish to
attend.
City Attorney Jacoby announced that there would be a 10-minute executive session
regarding performance of a public employee; and will adjourn into a separate meeting
regarding labor negotiations.
City Treasurer Martin announced the preliminary budget would be printed and available to
the Council for their review on Monday, October 3, 2011.
Public Works Director Dorsey provided a report stating the Pottery Sewer and the
Roland/May paving was complete and the last piece of that project was the Tremont paving,
which was scheduled for Thursday, September 29, 2011; the pre-meeting regarding the
McCormick Woods step conversion was held; he continued to have issues with Well No.9
and would provide a comprehensive update on this matter soon; the Schedule 74 Bay Street
undergrounding project was moving forward; he was working on the Cedar Sidewalk
redesign project; he continued work with the contractor on fixing of the Seattle Avenue
slide; and stated the Tremont right-of-way certification process should be complete soon.
11. CITIZENS COMMENTS
Gerry Harmon requested the Council revisit what the costs would be to change to a per
gallon rate for the citizens prior to increasing the water rates.
Councilmember Powers announced the Port Orchard Bay Street Association was
putting on a "Ladies Night Out" event on Thursday, September 29, 2011, which was for
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citizens to shop, and receive discounts, and/ or gifts, and she encouraged everyone to attend
to support local merchants.
12. EXECUfiVE SESSION
At 8:08 p.m. Mayor Coppola recessed the meeting for a 33-minute executive session
regarding personnel matter and labor negotiations in accordance with RCW 42.30.11o(g)
and 42.30.110(b), respectively. City Attorney Jacoby was invited to attend and the Mayor
announced that no action would be taken as a result of the executive session.
At 8:45 p.m. Mayor reconvened Council back into regular session.
13. ADJOURNMENT