10/25/2011 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of October 25, 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, Fred Olin, and Carolyn
Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief
Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director
Weaver, Deputy City Clerk Rinearson, and City Attorney Jacoby were also present.
Excused: Councilmember Colebank
A. Pledge of Allegiance
Cindy Lucarelli led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Carl Denney asked the Council to remove the "No Parking" signs on Sage Court.
3· APPROVAL OF AGENDA
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion approving the Agenda. Upon vote, the motion to approve the agenda
as amended, passed unanimously. Councilmember Colebank was excused.
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion to amend the agenda by moving: Consent Agenda Item 4F, Adoption of
Resolution No. 035-11, Authorizing the Allocation of Additional Funding from
the Community Event Fund 107 to Cover Off-Duty Police Officer Costs for the
Festival of Chimes and Lights to Business Items. Upon vote, the motion to
amend the agenda passed unanimously. Councilmember Colebank was
excused.
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to excuse Councilmember Colebank from tonight's Council meeting.
Upon vote, the motion to amend passed unanimously. Councilmember
Colebank was excused.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrant Nos. 56462 through 56531 in the amount of $463,077.71
B. Approval of the October 11, 2011, Council Meeting Minutes
Minutes of October 25, 2011
Page 2 of7
C. Approval of Contract No. 079-11, Authorizing the Mayor to Execute Agreement with
Gordon Sound Production for Sound System Service for Festival of Chimes and
Lights
D. Public Event Application: Festival of Chimes and Lights
E. i\doption of Resolution No. 035 11, Authorizing the Allocation oL\dditional Funding
from the Community :&;ent Fund 107 to Cover Off Duty Poliee Officer Costs for the
Festival of Chimes and Lights
F. Approval of Contract No. 080-11, Authorizing the Mayor to Execute Interagency
Agreement No. IAA12185 with the State of Washington Administrative Office of the
Courts for Interpreter Funding Reimbursement
G. Approval of Change Order Nos. 2 and 3 to Contract No. 050-11, with Pacific Coast
General, LLC for the Pottery Force Main and Tremont Detour Projects
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion approving the Consent Agenda as amended. Upon vote, the motion
passed unanimously. Councilmember Colebank was absent.
5· PRESENTATION
There were no presentations.
6. PUBLIC HEARING
A. Anticipated 2012 City Budget Revenue Sources
City Treasurer Martin presented the staff report, noting the City legislative body is required
to hold a Revenue Sources Hearing on current expense budget revenue sources for the
coming year's budget, including consideration of possible increases in property tax
revenues. (Chapter 251, Laws of 1995. codified as RCW 84.55.120.) The hearing is required
before the legislative body votes on a property tax levy for the upcoming year. The deadline
for setting the levy for property tax collection for 2012 is on or before November 30, 2011.
Mayor Coppola opened the Public Hearing at ]:10 p.m.
City Treasurer Martin provided a brief presentation regarding the City's 2012 Revenue
Sources:
• Projected 2012 revenue is $8,687,749, with the majority of revenues coming from
Retail Sales/Use tax and Property Tax;
• Property Tax collection is projected to be slightly lower than last two years;
• Proposed Levy Rate is 1.82, compared to 2.1192 in 2011;
• Projected Levied Property Tax revenue is $2,172,123; and
• Projected Sales Tax collection for 2012 is $2,8oo,ooo.
Minutes of October 25, 2011
Page 3 of7
In response to Gil Michael, Treasurer Martin stated the amount the City received from the
Department of Commerce for the Dekalb Pier Project was $700,000, but noted the State
received an administrative fee, which left the City with the balance of $679,000.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:40 p.m.
7. BUSINESS ITEMS
A. Approval of Contract No. 081-11, Authorizing the Mayor to Execute an
Agreement with Exceltech for Cedar Heights Redesign
Public Works Director Dorsey presented the staff report, noting in 2005 the City of Port
Orchard received Federal Highway Administration (FHWA) funding to install sidewalks on
the west side of Pottery Avenue in front of Cedar Heights Junior High School. The City had
previously designed and bid the project, however staff become aware of some design
changes that needed to take place in order for the project to function better for stormwater
and ingress/egress. On July 28, 2011, staff sent a request for proposals to seven firms:
AHBL, BHC Consultants, Pace Engineers, West Sound Engineers, Exeltech, Norm Olson &
Associates, and KPG. Three responses were received by the due date of August 22, 2011,
from the firms of AHBL, Exeltech and West Sound Engineering. Staff reviewed the
proposals and selected to enter negotiations with Exeltech.
Councilmember Powers MOVED and Councilmember Childs seconded the
motion to authorize the Mayor to execute the design Contract No. 081-11, with
Exeltech in an amount not to exceed $51,291.24 for the Cedar Heights Junior
High Sidewalk Project. Upon vote, the motion passed unanimously.
Councilmember Colebank was excused.
B. Approval of Supplemental No. 2 to Contract No. 014-07, Authorizing the
Mayor to Execute Local Agency Agreement for Cedar Heights Junior High
Sidewalk Project
Public Works Director Dorsey presented the staff report, noting in 2005 the City of Port
Orchard received Federal Highway Administration (FHW A) funding to install sidewalks on
the west side of Pottery Avenue in front of Cedar Heights Junior High School. The City bid
the project in early 2008, but all bids came in above the budgeted amount and were
ultimately rejected. Since 2008 Staff has become aware of some design changes that need
to take place to make the project function better for storm water and ingress/ egress.
Unfortunately, the City obligated the funding to construction and now needs to move a
portion of the funding from construction to design in order to fund the re-design
modifications needed. Additionally, the City has an opportunity to make future billings
easier to complete with this supplement. If approved, this supplement would move
$83,500.00 from construction funding to design funding to complete the design
modifications needed; with the funding remaining available until2017.
Minutes of October 25, 2011
Page 4 of7
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to authorize the Mayor to sign Local Agency Agreement
Supplement Number 2 for Cedar Heights Junior High Sidewalks to adjust
funding from construction to design. Upon vote, the motion passed
unanimously. Councilmember Colebank was excused.
C. Approval of Amendment No. 1 to Contract No. 001-09, Authorizing the
Mayor to Execute an Agreement with McGavick Graves for Legal Services
City Attorney Jacoby presented the staff report, noting the current contract for legal
services between the City of Port Orchard and McGavick Graves will expire on December
31, 2011. The City proposed to extend the current contract for one additional year provided
that the hourly rate charged to the City was reduced from $165 for the first 50 hours of legal
services in a month and $170 for each additional hour thereafter to a flat hourly rate of
$160 for all legal services billed to the City. McGavick Graves agreed to those terms.
Councilmember Chang MOVED and Councilmember Olin seconded the motion
to authorize the Mayor to sign the first amendment to the contract for legal
services between the City of Port Orchard and McGavick Graves. Upon vote,
the motion passed unanimously. Councilmember Colebank was excused.
D. Public Event Application: Jingle Bell Run
City Clerk Kirkpatrick presented the staff report, noting this is a new event and is prior to
the Festival of Chimes and Lights event, which is in its 13th year. Jingle Bell organizers have
requested street closures on Saturday, December 3, 2011, from Noon to 4:00 p.m. from
Kitsap Street to the Annapolis dock, which will accommodate two races, a 1k fun walk with
kids, and finish with the sK walk/run.
The application has been reviewed by City Departments, Fire Department, and Kitsap
Transit; and their concerns/ comments were provided for your review. There is concern
with traffic routing for the transit buses and appropriate signage of the street closure; and
Staff recommended the event organizers meet with City staff and Kitsap Transit staff two
weeks prior to the event to ensure all issues have been resolved.
Councilmember Childs MOVED and Councilmember Chang seconded the
motion to approve the public event application for the Jingle Bell Run and
direct the event organizers to meet and work with City staff and Kitsap Transit
staff at least two weeks prior to the event to ensure all issues have been
resolved.
Councilmember Powers MOVED and Councilmember Olin seconded the
motion to postpone the public event application for the Jingle Bell Run and
Minutes of October 25, 2011
Page 5 of7
direct the event organizers to meet and work with City staff and Kitsap Transit
staff to ensure route issues have been resolved and to bring back to the
November 8, 2011, Council meeting for action. Upon vote, the motion passed
with five affirmative votes and one dissenting vote. Councilmember Childs
cast the dissenting vote. Councilmember Colebank was excused.
E. Adoption of Resolution No. 036-11, Allocating Additional Funding from
Community Event Fund 107 to Cover Off-Duty Police Officer Costs During
the Jingle Bell Run Event
City Clerk Kirkpatrick presented the staff report, noting at its October 18, 2011, work study
session, the City Council directed Staff to prepare a Resolution allocating additional funding
from the 2011 Community Event Fund 107 reserves to the Jingle Bell Run Event to offset
off-duty police officer costs during the 2011 event, being held on Saturday, December 3,
2011.
Councilmember Chang voiced his opposition to using funding from the Hotel/Motel tax,
indicating that it was not an appropriate use, even though state statute allows for cities to
get reimbursed for safety related expenses; and indicated he would vote no for these
reasons.
Councilmember Clauson MOVED and Councilmember Olin seconded the
motion to adopt Resolution No. 036-11, authorizing the allocation of
additional funds from the Community Event Fund 107 to offset off-duty police
officer costs during the Jingle Bell Run Event being held Saturday, December
3, 2011, in an amount not to exceed $1,000. Upon vote, the motion passed with
five affirmative votes and one dissenting vote. Councilmember Chang cast
the dissenting vote. Councilmember Colebank was excused.
F. Adoption of Resolution No. 035-11, Authorizing the Allocation of Additional
Funding from the Community Event Fund 107 to Cover Off-Duty Police Officer
Costs for the Festival of Chimes and Lights
Councilmember Chang voiced his opposition to using funding from the Hotel/Motel tax,
indicating that it was not an appropriate use, even though state statute allows for cities to
get reimbursed for safety related expenses; and indicated he would vote no for these
reasons.
Councilmember Olin MOVED and Councilmember Childs seconded the motion
to adopt Resolution No. 035-11, authorizing the Allocation of Additional
Funding from the Community Event Fund 107 to Cover Off-Duty Police Officer
Costs for the Festival of Chimes and Lights. Upon vote, the motion passed with
five affirmative votes and one dissenting vote. Councilmember Chang cast
the dissenting vote. Councilmember Colebank was excused.
8. COMMIITEE REPORTS
Minutes of October 25, 2011
Page 6 of7
Councilmember Childs reported the Economic Development Tourism Committee would
meet on Wednesday, November 9, 2011 at 5:30p.m. at City Hall; and that he had met with
Port of Bremerton Commissioner Stokes and Operations Manager Steve Slaton regarding
the Bay Street Pedestrian Pathway project and the Port's willingness to modify their plans
that added onto the existing park, in an effort to allow the City to adjust engineering design
of that portion of the Pedestrian Pathway that would intersect with the Port's property.
Councilmember Clauson reported the Sewer Advisory Committee met regarding the 2012
budget of the Waste Water Treatment Plant and would be working with the new manger on
finalizing that budget.
9· MAYOR'S REPORT
Mayor Coppola reported on the following:
• Attended Housing Kitsap Finance Committee meeting;
• Conducted two tours of City Hall with a Cub Scout and a Girl Scout Troop;
• Presented the Employee of the Quarter award to Heidi Draper in the Treasurer's
Office;
• Attended the Leadership Kitsap Luncheon regarding their Governance Challenge
Day;
• Presented awards to various artist on behalf of the Port Orchard Bay Street
Association's Art Walk;
• Attended Kitsap Transit Work Study meeting:
• Attended the Emergency Management Committee meeting;
• Met with Cary Bozeman, Port of Bremerton, regarding the City working jointly with
the Port on a Master Waterfront Plan;
• Met with Editor of the Port Orchard Independent regarding various issues;
• Facilitated a meeting between John Powers, Executive Director of KEDA, and Rick
Flaherty, one of the largest employers of the City;
• Met with a citizen regarding an issue they were having with McCormick Woods;
• Attended the South Kitsap Fire and Rescue Spaghetti Feed;
• Met with the Finance Committee regarding the City's 2012 preliminary budget;
• Attended the Chamber of Commerce Luncheon;
• Attended the Board of Health Finance Committee meeting; and
• Held a Press Conference regarding Yachtfish Marine moving their business to Port
Orchard.
10. REPORT OF DEPARTMENT DIRECTORS
Minutes of October 25, 2011
Page 7 of7
Public Works Director Dorsey provided an update regarding the Well No.9, stating the final
pre-design and estimate should be completed for review by the Utilities Committee at their
November 8, 2011, meeting.
11. CITIZENS COMMENTS
There were no citizen comments.
12. ADJOURNMENT