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08/14/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 14, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Police Chief Townsend, Public Works Director Dorsey, Deputy City Clerk Fernandez and City Attorney Jacoby were also present. A. Pledge of Allegiance Councilmember Colebank led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Judy Eagleson asked the Council not to approve the lease with Peninsula Feed. She does not believe it is the best use of that space and asked that the process be open to other people to have the opportunity to lease the right-of-way. Kathy Michael spoke against Resolution No. 020-12, stating that many of the events that are to be reimbursed are questionable. Gil Michael spoke against Resolution No. 020-12, stating that tax dollars should not be spent on the reimbursement of alcohol, parties, and get-togethers as stated in the Pharris Memo. 3.APPROVALOFAGENDA Councilmember Colebank MOVED and Councilmember Childs seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 57990 through 58118 in the amount of $399, 905.60; July's Payroll Warrant Nos. 144661 through 144740 in the amount of $540,942-49; and Treasurer's check book in the amount of $1,977,536.99 B. Approval of July 17, 2012, Work Study Session Meeting Minutes C. Adoption of Resolution No. 021-12, Affirming the Provision of Sewer Service within the Associated Port Orchard Urban Growth Areas D. Approval of Contract No. 053-12, Authorizing the Mayor to Execute an Agreement with South Kitsap School District Regarding School Resource Officer E. Approval of Agreement No. 054-12, Authorizing the Mayor to Execute an Agreement with Paymentus Regarding Municipal Court Credit Card Processing Minutes of August 14, 2012 Page 2 of13 Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Street Vacation of a Portion of the Alley Located in the Plat of Pottery Addition to Sidney City Clerk Rinearson presented the staff report, noting Ms. Dara Morgan has submitted a Street Vacation application to vacate a portion of City right-of-way located in the Plat of Pottery Hill Addition to Sidney. The City has received a certified check in the amount of $5,300. The amount reflects the value of the land based on a residential rate of $5 per square foot. Ms. Morgan's petition is to vacate 1,060 square feet of the City's right-of-way. In addition, Ms. Morgan has requested the City to reimburse her for the property taxes she has paid since 1981, for the proposed vacated right-of-way. The total property tax paid is estimated to be near $1,000. The application was provided to the Public Property Committee for review. The Committee had no concerns of the petition and recommended a Public Hearing be set for this matter. However, the Committee recommends not reimbursing Ms. Morgan for the property taxes she has already paid. Letters were mailed to all adjacent property owners; and currently no concerns from the property owners have been communicated to the Clerk's office. The attached color map shows the proposed area to be vacated. Mayor Matthes opened the Public Hearing at 7:12p.m. In response to Jerry Harmon's question, City Clerk Rinearson presented a map of the property and the highlighted the area to be vacated. There being no further testimony, Mayor Matthes closed the Public Hearing at 7:15p.m. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 016-12, Approving Street Vacation of a Portion of the Alley Located in the Plat of Pottery Addition to Sidney Minutes of August 14, 2012 Page 3 of13 City Clerk Rinearson presented the staff report, noting earlier in the meeting the Council held a Public Hearing to consider a request by Ms. Dara Morgan, to vacate a portion of City right-of-way located in the Plat of Pottery Addition to Sidney. Councilmember Powers said she was happy to see that the staff had captured the so-so split between the street fund and the parks fund. Councilmember Chang explained one of the issues that comes up when vacating an alley is if access is being taken away from the public. In this case we are not, because a portion behind this area has previously been vacated. Another issue is if we sell part of the alley, don't we want to sell all of it to maximize revenue? The committee did not feel it was fair to make the petitioner buy the whole portion, when all she needs is the portion that her carport is on. Councilmember Powers MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 016-12 approving the petition to vacate a portion of City right-of-way located in the plat of Pottery addition to Sidney, with a compensation of $s,300 received for the street vacation to be distributed so-so between the street fund and the designated unreserved fund balance for parks. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 020-12, Reimbursement of City Council Meeting and Training Expenses City Attorney Jacoby presented the staff report, noting the City Council has discussed the topic of reimbursement of expenses for certain meetings and training. At the July 17, 2012, Work Study Session, the Council considered a list of meetings and training for which attending Councilmembers would be entitled to reimbursement. Staff was directed to prepare a resolution documenting the pre-approved list. Staff has proposed to amend the City's Personnel Policies Manual by adding a new section that is specific to the City Council and that sets forth the pre-approved list of meetings and training. Doing so will insure that all City-related expense reimbursement policies are located in a single document. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 020-12 amending the City of Port Orchard's Personnel Policies Manual regarding reimbursement of City Council meeting and training expenses and identify specific meetings and trainings for which council members are entitled to be reimbursed. Councilmember Childs said he read the Pharris Memo and felt the issues are not clear. The issues for reimbursement have a lot to do with local ordinance and the issues and purposes of the meetings and events that are set forth. He thinks the memo tried to provide a reasonable review of the topic and let municipalities decide for themselves. He heard the comments tonight regarding the Visitors & Convention Bureau (VCB) tickets including the Minutes of August 14, 2012 Page 4 of13 cost of alcoholic drinks, and he felt that was unfortunate, because most of the meetings do , not. He feels the City should talk to the VCB about not co-mingling the drinks with the cost of admission. He feels there is a lot of public purpose with networking and finding out what is going on with the various organizations and representing the City with these groups that receive considerable amount of money each year from the City. Councilmember Colebank said that the whole Council agrees that alcohol is inappropriate to be reimbursed for. He feels this list is a good start and understood that at the Work Study Session the City Attorney and the City Treasurer assured him enough that they were not doing anything illegal or pushing the envelope with the meetings on the list. Councilmember Powers MOVED and Councilmember Clauson seconded the motion to amend the first bullet to AWC Regional and Annual meetings, the third bullet would read KRCC legislative dinner /breakfast, and the third from the last bullet would be PSRC meetings/ conferences. Upon vote, the motion passed unanimously. Councilmember Chang said the intent of the resolution is helpful. His concern is that having spent a lot of time on this discussion, the list may already be obsolete. Every year perhaps, things might happen differently, and the Council may need to update annually. There may be a better format which could include an appendix of what they want to fund. This is a not a discussion on whether a meeting has merit to attend it, it is mainly for meetings that have a sizeable cost to attend, and the reimbursement helps encourage councilmembers to attend. He personally does not believe in reimbursement, but he will not begrudge it to someone else. Upon vote, the main motion passed unanimously. C. Approval of July 24, 2012, Council Meeting Minutes Councilmember Colebank MOVED and Councilmember Chang seconded the motion to adopt the July 24, 2012, Council meeting minutes. Upon vote, the motion passed with five affirmative votes · and two abstaining votes. Councilmembers Clauson and Putaansuu cast the abstaining votes. D. Approval of Contract No. 055-12, Authorizing the Mayor to Execute a Lease Agreement with Peninsula Feed Company City Clerk Rinearson presented the staff report, noting the City entered into a Lease Agreement with Peninsula Feed Company on May 1, 2007, which expired on April 30, 2012. The Finance Committee has been working with staff to determine the "full fair market rental value" of the leased property. Peninsula Feed Company is interested in leasing a 25 feet by 200 feet portion of City right-of-way on Harrison Avenue. The right- of-way abuts the parking lot and building located at 901 Bay Street. The purpose of the Minutes of August 14, 2012 Page 5 of13 lease is to allow Peninsula Feed Company access, additional parking, and merchandise storage. At the July 18, 2012, Finance Committee meeting, the Committee recommended the leased monthly rate to be $453.34, plus leasehold tax. This amount was based on the 2012 assessed value of the property leasing and was incorporated in the Department of Natural Resources, leasing of state property for non-water dependant uses, calculation. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Lease Agreement No. 055-12 with Peninsula Feed Company for five years commencing on September 1, 2012. Councilmember Clauson said this is not the first time the City has leased this property. The City receives a substantial amount of retail sales tax from this business; there is a direct benefit to the City for this lease and the revenue from sales. In response to Councilmember Putaansuu, City Clerk Rinearson said the current lease stands at $393.06, including the leasehold tax. Councilmember Chang said parking is a big issue for the downtown area. He wonders if the space is not better used for the general public. He wonders if the business is changing and if this is the best location for them. The City has severe parking issues, and it may be preventing high-end boutiques from moving in. If there was more parking, it could help their revenue to the city. Councilmember Chang MOVED to table the decision on the Peninsula Feed Lease until the August 28, 2012, Council Meeting. The motion failed due to lack of a second. Councilmember Childs understands what Councilmember Chang and Ms. Eagleson are talking about. The City also has a relationship with this business where we have allowed him to expand his business. It seems unfair to all of the sudden pull that away from the business. He does not see Peninsula Feed in that location for the long term as things continue to change downtown. This gives the City the opportunity to look at the overall benefit for future leases. In response to Councilmember Childs, City Attorney Jacoby said the initial term is for five years, and there is an option to renew that the tenant can exercise for an additional five years. There is the ability for the City to modify the premises to be leased if it is required for street, pedestrian, or parking. In response to Councilmember Chang, City Attorney Jacoby said the lease would not transfer to a new owner unless the City consented. Minutes of August 14, 2012 Page 6 of13 Councilmember Powers likes the feed store downtown, it is part of the history. She would hope that we keep Peninsula Feed unless we have some greater use. She does not know if any neighbors have complained or if the Economic Development Committee has any plans for the space. Councilmember Colebank feels a five to ten year lease is too long to commit to. There may be other opportunities for the land. He would feel more comfortable with a one-year lease. Councilmember Clauson stated that if the City is going to change its position on leases, then we need to reconsider all of them. The City leases parking and display areas in front of many businesses in the City. If we going to start changing our position, we need to keep that mind as we go to these other leases. The City can change the lease if we feel this is property that the City needs for parking or sidewalks. Parking is an issue around the City and maybe we should consider taking some of the parking out of paid status to provide parking for those businesses. The Council would be short sighted if they turned this lease down. The City benefits in a number of ways, including financially. If it is turned into parking, we should consider making some of it as paid parking. Councilmember Chang likes Councilmember Clauson's suggestion to look at the leases consistently to make this fair, as he feels the lease is anticompetitive. Upon vote, the main motion passed with five affirmative votes and two dissenting votes. Councilmembers Chang and Colebank cast the dissenting votes. E. Approval of Contract No. 056-12, Authorizing the Mayor to Execute an Agreement with I & E Construction Inc. Regarding Well No. 9 Public Works Director Dorsey presented the staff report, noting pursuant to the final conclusions and recommendations documented within the 2011 Well No. 9 Pre-Design Report and the subsequent 2012 Well No. 9 Final Plans, Specifications and Estimate (PS&E), as prepared by PACE Engineers, Inc., a Notice to Bidders/Invitation to Bid was published on July 2, 2012. On July 31, 2012, the City of Port Orchard received nine (g). Upon review by City Staff, it was determined that I&E Construction, Inc. was the lowest responsible bidder at $838,924.14 (applicable taxes included). The total project budget allocated $1,ooo,ooo for final design, construction administration and construction. With $203,269, already allocated to final design and construction administration, the I&E Construction, Inc. bid exceeds the remaining project balance of $796,731 by $42,193.14. The Engineer's Estimate was determined at $6gs,sss.8s. Upon review and evaluation of the bids received, the two options for moving forward are to 1) provide additional project funding or 2) reduce project scope by deleting Bid Items Nos. 14 and 17, being the Emergency Generator and the Pigging (see PACE Memorandum dated 8- Minutes of August 14, 2012 Page 7 of13 3-2012 for bid evaluation summary). At this juncture Staff recommends the latter, bring the commencement of the construction contract with the deletion of Bid Item Nos. 14 & 17. This action will reduce the total project budget to $942,281.14, keep costs within the 2012 allocation, not impact the overall project goals and will provide remaining budget residual to address any potential change in conditions during construction. If desired, Bid Item Nos. 14 & 17 can be added back into the contract at a later date by Change Order if savings are realized during construction or if the project carries over into 2013 and additional funding is allocated at that time. In response to Councilmember Clauson, Public Works Director said eliminating the generator saves $68,ooo and $12,ooo for the pigging. We currently do not have generators at two of our well sites; they are less generator dependent than a pump station. Public Works is looking at a 300kw portable generator. We could rent a portable generator if needed. There is no price difference if we add this item back in later. He is planning to add it back in as part of the 2013 budget proposal. Councilmember Colebank thanked Public Works Director Dorsey and his employees who have come and talked to the citizens. They have a tough job and they do it well. Councilmember Putaansuu likes the idea of having plug-ins and having generators move site to site. It is not as urgent as a sewer system when the power goes out for a well. Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute Contract No. 056-12 with I&E Construction Inc. in the amount not to exceed $738,903.54 for the Well No.9 Water Treatment Construction project. Upon vote, the motion passed unanimously. F. Approval of Contract No. 057-12, Authorizing the Mayor to Execute an Agreement with West Sound Utility District Regarding Wastewater Facility Management Public Works Director Dorsey presented the staff report, noting in 1983, the Port Orchard City Council and the predecessors to the West Sound Utility District (Sewer District No.5 of Kitsap County and the Annapolis Water District) entered into an lnterlocal Agreement (ILA) for the "improvement of the existing wastewater transmission, treatment and discharge facilities" served by the City and the District (the "Wastewater Facilities Management Agreement" or "Agreement"). The duration of the Agreement was for 35 years from August 1, 1977 (August 1, 2012) or until any outstanding bonds were "provided for, secured and funded." While the Agreement contemplates that it will continue thereafter until terminated by the parties, the City and the District wish to document their joint intent to begin the process of reviewing the organizational structure of their Joint Facilities over the next 17 months. The provided amendment is not intended to change any of the other provisions of the Agreement. Minutes of August 14, 2012 Page 8 of13 Councilmember Clauson said the Sewer Advisory Committee wants to look at different options for governance of that plant. There are a couple of variations that might be applicable. It is important to keep this as a priority to come up with a recommendation in 17 months. Taking the provision will keep the committee focused on the mission. Councilmember Putaansuu said recent staffing changes at the plant has created a great opportunity to research other options on how to manage the plant. In response to City Attorney Jacoby, Councilmember Clauson said the modification in the agreement has not been discussed with West Sound Utility District, and this is the first time he has seen the agreement. It can be discussed that the next Sewer Advisory Committee meeting. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute Contract No. 057-12 with West Sound Utility District thereby extending the Wastewater Facilities Management Agreement with one modification; striking "and shall continue thereafter until terminated by the parties in accordance with the provisions of the original1983 Agreement". Upon vote, the motion passed unanimously. G. Approval of Contract No. 058-12, Department of Natural Resources Aquatic Lands Lease No. 22-A02582 On July 13, 2010, the Port Orchard City Council authorized an amendment to the 30-year Aquatic Lands Lease Agreement between the City of Port· Orchard and the Department of Natural Resources (DNR) for the aquatic lands being used as City Parking Lot 1, located between Orchard Street and Sidney Street that was entered into on June 3, 1982. The Lease Amendment provisions became effective July 1, 2010, and ran through the remaining term that ended June 3, 2012. This new 12-year DNR Aquatic Lands Lease Agreement covers the waterfront rent period of June 4, 2012 (the "Commencement Date") through June 3, 2024 (the "termination Date"), unless terminated sooner under the terms of the lease. The rent amount for Year 1 (June 4, 2012 to June 3, 2013) will be $21,280-43. Annual rent is based upon the City's permitted use of the property and therefore subject to adjustment based upon change of use and/ or inflation adjustments. As stated above, the current Aquatic Lands Lease Agreement will terminate on June 3, 2024 unless the City of Port Orchard provides the DNR with a written one-year notification for lease renewal. The City of Port Orchard must notify the Department of Natural Resources of its future aquatic lands lease intentions prior to June 3, 2023. Councilmember Lucarelli MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute Contract No. 058-12, Aquatic Land Lease No. 22-A02582 with the Washington Department of Natural Resources for the 12-year term of June 4, 2012, through June 3, 2024 for Waterfront Parking Lot 1. Upon vote, the motion passed unanimously. Minutes of August 14, 2012 Page 9 of13 H. Approval of Contract No. 059-12, Authorizing the Mayor to Execute an Agreement with Action Communications, Inc. for the 2012 Radio Conversions in Accordance with the Federal Communications Commission Public Works Director Dorsey presented the staff report, noting in March of 2012 the City of Port Orchard Public Works Department requested quotes from three (3) companies listed on the 2012 Public Works Small Works Roster. Three (3) bids were received, with Olympic Radio, LLC being the lowest responsible bidder, but Olympic subsequently declined to perform due to contract requirement compliance issues. Upon further review by City Staff, it was determined that the City is not obligated to convert to digital format at this time, but to only convert from wideband to narrowband now, and be digital capable for possible future reprogramming. Therefore, on July 11, 2012, the City's Public Works Department advertised a revised Request for Proposal. Only one (1) bid was received, being Action Communications, Inc. for Kenwood TK-5720/TKs220 at $59,813.25 (sales tax included). In response to Councilmember Powers, Public Works Director Dorsey gave a review of what the equipment does and why it is needed. In response to Councilmember Clauson, Public Works Director Dorsey said this covers 30 radios plus the base station upgrades, the EOC, and the shop. Councilmember Clauson said that Kitsap Transit has a new system that has way more capacity than is needed. He suggested Public Works Director Dorsey and he should talk about partnering. In response to Mayor Matthes, Chief Townsend said that the Police Department is reorganizing the frequencies. It is something they are getting ready to do. We have someone in house that is going to do the changeover. In response to Councilmember Powers, Public Works Director Dorsey said that there are no circumstances where they will be unable to use the system. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute Contract No. 059-12 with Action Communications, Inc. in the amount not to exceed $59,813.25 for the mandatory 2012 Radio Equipment Update with fiscal impacts as identified in the staff report. Upon vote, the motion passed unanimously. I. Approval of Additional Funding to Contract No. 030-12, with Kitsap Harbor Tours for Festival and Summer Sunday Foot Ferry Service City Clerk Rinearson presented the staff report, noting on March 27, 2012, the Council authorized the Joint Agreement between the City, Port of Bremerton, and the City of Minutes of August 14, 2012 Page 10 of13 Bremerton with Kitsap Harbor Tours for foot ferry service in an amount not to exceed $4,000. The funding for the foot ferry is coming to the General Fund from an allocation of the hotel motel tax. Due to lower ridership, an increase of Sunday service, and the reorganization of a major event taking place on an already well received ferry run; has resulted in an increase in the projected cost for foot ferry service. A revised estimate of seasonal costs results in 2012 expenses of $8,ooo. In order to continue the service through the rest of the season, an additional authorization of $4,000 is required. Councilmember Clauson announced a potential conflict as he is an employee of Kitsap Transit; and recused himself from the meeting at 8:27p.m. In response to Councilmember Powers, City Clerk Rinearson said the last day of service is September 3, 2012. Councilmember Putaansuu said that there is no extra money in the general fund to pay for this increase, and wondered which fund it would come from. He is concerned about spending money that the City does not have. In response to Councilmember Childs, City Clerk Rinearson said the first amount will be reimbursed by Lodging Tax. She said $4,000 is the worst case scenario. On Labor Day we usually make money, and the Cruz weekend generally has higher ridership. This motion does not obligate that funds come out of the general fund. She offered that Economic Development has money that has not been spent for 2012. She also said another round of the Lodging Tax Funding could be done. Councilmember Childs said that the Economic Development and Tourism committee will talk about the funds at their next meeting. Councilmember Putaansuu would like to see going forward that sources of revenue be identified when there is an overage that needs to be paid for. Councilmember Colebank agrees we need to identify funds better, budget for the worst case scenario next year, and we should not back out of the agreement with the other jurisdictions. Councilmember Chang said this year we provided service for more Sundays, but ridership has been low. He has personally "tweeted" that it is running on Sundays to get the word out. He is confident that the Finance Committee will be able to find the funds, but suggested that next time this be vetted to the Finance Committee before coming to Council for a . decision. Minutes of August 14, 2012 Page 11 of13 In response to Councilmember Powers, City Clerk Rinearson said in an effort to market the service, the City Clerk's office has sent out press releases, put display ads into the newspapers, and has put it on the City website, as well as Kitsap Transit and the Port of Bremerton's websites. Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion to authorize the approval of an additional $4,000 to be expended on the Festival/Summer Sunday Foot Ferry Service Joint Agreement. Upon vote, the motion passed unanimously. Councilmember Clauson returned to the meeting at 8:39 p.m. J. Authorizing Pet License Exemption to Have More Than Three Licensed Animals City Clerk Rinearson presented the staff report, noting on Monday, July 30, 2012, the City Clerk's office received a request for a pet license variance from Ms. Robin Moad to have her four dogs licensed within the City. Ms. Moad and her fiancee will be moving to Port Orchard from Redding, California; and are asking for a variance for their one remaining dog. All four animals have been neutered. Port Orchard Municipal Code (POMC) 7.12.090, allows a pet owner to seek a pet license variance from the City Council to allow additional pets outside the restriction of allowing only three (3) licensed pets, dogs or cats or a combination thereof, at a single-family residence inside City limits. Should the Council approve this variance; it will be relayed to the requestor that this exemption is not transferable. Councilmember Putaansuu questioned why we have this ordinance if we are not going to enforce it. He does not want to rubberstamp these requests without thinking about the impacts on the neighbors. In response to Councilmember Childs, City Clerk Rinearson said that the requestor wants to live within City limits and has a house picked out, but will not put in an offer and purchase it if they do not receive a variance. Councilmember Powers remembered the last one to be a medical reason. She has not seen that many requests for variances. Councilmember Lucarelli said that the fact that they even asked the Council for a variance shows a level of responsibility. She welcomes them to Port Orchard. Councilmember Colebank does not think the Council should debate changing the rules right now. He would like to know if there is going to be fenced yard and or if they will be indoors. Minutes of August 14, 2012 Page 12 of13 Councilmember Clauson said there is a big difference in properties in Port Orchard, some are large and some are small. He would like to know the location of the requested variance. Councilmember Putaansuu said more information would make him feel better about the variance approval. Councilmember Chang said it takes just one dog to cause a problem, and we have code enforcement to help with any issues that may arise. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to authorize the City Clerk to grant a pet license variance to Ms. Robin Moad for her one remaining animal and for her to comply with all other regulations and licensing requirements of Port Orchard Municipal Code Title 7. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Putaansuu and Clauson cast the dissenting votes. 8. COMMITTEE REPORTS Councilmember Clauson reported the Finance Committee Meeting is scheduled for Friday, August 24, 2012. Councilmember Childs reported the Economic Development and Tourism Committee will meet on August 15, 2012, at City Hall at 3:30p.m. Councilmember Chang said the next Lodging Tax Committee meeting will be in September to review applications and hear from applicants. He also announced there was a Port Orchard Cash Mob last Saturday for Dippity Donuts and Cookies Pet Wash, and it was a huge success for the Shop Local efforts. It was only advertised through social media. Councilmember Putaansuu reported the Sewer Advisory Committee will meet on Wednesday, August 15, 2012 and the Utility Committee meeting is Friday, August 17, 2012. Councilmember Powers reported the Public Property had no urgent business, therefore the meeting was cancelled; and will meeting in September; and Kitsap Regional Coordinating Council and Transpol are not meeting this month too. Councilmember Colebank will be filling in for Councilmember Putaansuu at the Sewer Advisory Committee meeting this week. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: Minutes of August 14, 2012 Page 13 of 13 • He attended the Saint's Cruz, which had 6oo participants. There were around 8,ooo spectators. He thanked the Saints Car Club for the wonderful job they are doing. • Last Thursday Elvis had the biggest Concert by the Bay with approximately 1,500 attendees. The event was sponsored by Kitsap Bank and the Fathoms o' Fun. 10. REPORT OF DEPARTMENT DIRECTORS City Clerk Rinearson thanked the Council for meeting this evening to take photos to be placed on the City's website, in which some changes have started to take place; and reminded the Council that next week's Work Study Session will be to discuss Council's 2013 goals. City Attorney Jacoby announced that there will be a 20 -minute executive session regarding potential litigation and real estate matters; and after the meeting is adjourned, the Council will convene into a closed session for 20 minutes to discuss union negotiations. 11. CITIZENS COMMENTS Nicole Vaught thanked Public Works Director Dorsey in his efforts to resolve the water issue. She regrets it was not brought to the City Council earlier. Public Works Director Dorsey thanked Ms. Vaught for being so patient. Gerry Harmon wondered if the Council could find money for a laser light so that presenters could point with a laser light on the screen projector and stated she was one of the people who got a variance for her dogs. It is really traumatic the thought of having to give up an animal to live in the City. 12. EXECUTIVE SESSION At 8:54 p.m. Mayor Matthes recessed the meeting for a 20-minute executive session regarding potential litigation and real estate in accordance with RCW 42.3o.no(B) and (C). 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 9:14p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT