04/09/2013 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of April9, 2013
1. CALL TO ORDER AND ROLL CALL
Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tern Fred Chang
and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Jim Colebank, and Cindy
Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Public Works
Director Dorsey, Police Commander Marti, Deputy City Clerk Fernandez, and City Attorney
Jacoby were also present.
Excused: Councilmember Powers
A. Pledge of Allegiance
Mr. John Powers led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
There were no citizen comments.
3· APPROVAL OF AGENDA
The following items were removed from the Consent Agenda:
• Approval of Contract No. 038-13, Authorizing the Mayor to Execute an Agreement
with the City of Forks for Jail Services
Councilmember Chang 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 Check Nos. 59382 through 59496 totaling $428,352.71; March Payroll
'Checks Nos. 145060 through 145126 in the amount of $734,986.72, and Treasurer's
Checkbook in the amount of $1,742,989.81.
B. Approval of March 19,2013, Work Study Session Meeting Minutes
C. Approval of March 26, 2013, Council Meeting Minutes
D. Setting the Council Work Study Session Meeting to April16, 2013
E. Adoption of Resolution No. 005-13, Authorizing the Police Department to Surplus
Firearms
F. Apprw;al of Contract No. 038 13, } .. uthorizing the Mayor to fufeeute an } ... greement
with the City of Forks for Jail Serviees
G. Approval of Public Event Application: Sidney Glen PTA
Minutes of April9, 2013
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Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion approving the Consent Agenda, as amended. Upon vote, the motion
passed unanimously.
5· PRESENTATION
A. Proclamation: National Service Recognition Day
Mayor Matthes presented a proclamation of National Service Recognition Day to Mr. Larry
Eyers of Kitsap Community Resources.
B. Kitsap Economic Development Alliance Update
Mr. John Powers of the Kitsap Economic Development Alliance reported they had assisted
12 businesses in Port Orchard, two on recruitment, in the first quarter. They have an
ongoing active recruitment of an aerospace manufacturing company from California. The
company believes they can potentially relocate to this community and be successful. He
gave a brief report of the annual report, the annual meeting, and the approved budget.
Councilmember Childs asked City Clerk Rinearson to add a discussion item to the Work
. Study session next week to discuss KEDA "Work+ Life" Video.
6. PUBLIC HEARING
No Public Hearings were held.
7· BUSINESS ITEMS
A. Adoption of Resolution No. 006-13, Ratifying the Collective Bargaining
Agreement with the Police Guild Representing the Patrol Officers
City Attorney Jacoby presented the staff report, noting the City's negotiating team,
consisting of Councilmember John Clauson, Assistant City Attorney Dave Luxenberg,
Human Resources Coordinator Deb Howard, and Police Chief AI Townsend, reached a
tentative agreement with the Port Orchard Police Guild representing the patrol officer
employees. He reviewed the term of the Agreement, the wage increases, and health
coverage in the Agreement. The Agreement has been ratified by the patrol officer
bargaining unit. He recognized the City's negotiating team, the City Treasurer, and the
Police Guild and its members for their work and spirit of compromise.
Councilmember Clauson said the Police Guild came to the table and recognized the current
economy of the City, and with this agreement they will be maintaining their comparable
rate position. It is a good agreement. He is glad they were able to offer the terms that they
did. '
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Councilmember Putaansuu thanked the negotiating team for working on this and also
thanked the Police Guild.
Councilmember Clauson MOVED and Councilmember Lucarelli seconded the
motion to ratify the terms of the Collective Bargaining Agreement with the
Port Orchard Police Guild representing the patrol officer employees and
authorize the Mayor to execute the same. Upon vote, the motion passed
unanimously.
B. Adoption of Resolution No. 007-13, Ratifying the Collective Bargaining
Agreement with the Police Guild Representing the Sergeants
City Attorney Jacoby presented the staff report, noting the City's negotiating team
consisting of Councilmember John Clauson, Assistant City Attorney Dave Luxenberg,
Human Resources Coordinator Deb Howard, and Police Chief Al Townsend has reached a
tentative agreement with the Port Orchard Police Guild representing the sergeant
employees. City Attorney Jacoby highlighted the agreement term, wages and health
coverage. The Agreement has been ratified by the sergeants bargaining unit.
Councilmember Childs said he thinks they are all happy with how this has turned out. We
have to use due diligence in dealing with these contracts and feels this is a fair contract.
Councilmember Clauson said there was quite a difference in the market comparables, and
luckily they could make the changes over two years instead of doing it all at once. He
thanked the Police Guild for working with the City. He also recognized Assistant City
Attorney Dave Luxenberg for doing a great job in leading the discussion.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to ratify the terms of the Collective Bargaining Agreement with the
Port Orchard Police Guild representing the sergeant employees and authorize
the Mayor to execute the same. Upon vote, the motion passed unanimously.
C. Approval of Contract No. 039-13, Authorizing the Mayor to Execute an
Agreement with Municipal Research and Services Center of Washington
(MRSC) to Maintain the City's Small Works and Consultant Rosters
Public Works Director Dorsey presented the staff report, noting the purpose of this contract is
to provide the City of Port Orchard with membership within MRSC Rosters, which will host its
individual Small Public Works Roster ("Small Works Roster") and Consultant Roster ("Consultant
Roster") in an online database (collectively, "MRSC Rosters"). MRSC is making membership within
the "MRSC Rosters" available to a number of local government agencies in Washington State to
provide them with more efficient and cost effective services.
Minutes of April9, 2013
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In response to Councilmember Clauson, City Attorney Jacoby said we are still ultimately
responsible in making sure we are doing the process correctly. Contracting with MRSC is
appropriate. It is easier for our vendors and will save the City some costs. MRSC has a website
dedicated to this whole process. It is a win for everybody. Public Works Director Dorsey added it
will also benefit local small works contractors who will now have exposure from other entities so
they can expand their work horizon.
In response to Councilmember Chang, City Attorney Jacoby said this is new for us and MRSC.
In response to Councilmember Chang, Public Works Director Dorsey said we are gaining because it
is a centralized list of contractors. We are going to ensure all of our current contractors and
consultants will be placed on this roster. We will save costs on management of this and
advertisements for every project. The cost savings for the City are very impressive, but it is a more
uniform way to ensure that everybody gets an opportunity to bid on both small and large projects.
In response to Councilmember Clauson, Public Works Director Dorsey said we will be posting and
selecting off the list like we normally do. It is similar in how we do our current small works roster.
It is going to give us a wider pool of qualified contractors. Right now we have a limited pool of
contractors, especially for specialty services.
Councilmember Chang MOVED and Councilmember Putaansuu seconded the
motion to approve Contract No. 039-13, thereby authorizing the Mayor to execute a
contract with Municipal Research and Services Center of Washington (MRSC) to
maintain the City's Small Works and Consultant Rosters at an annual cost of
$120.00, based upon the Total Capital Expenditures (in millions) table provided by
MRSC. Upon vote, the motion passed unanimously.
D. Approval of Contract No. 038-13, Authorizing the Mayor to Execute an
Agreement with the City of Forks for Jail Services
In response to Councilmember Chang, Commander Marti said the latest bill he has seen
was about $78.11 per night, and that varies depending on certain things. Transportation
costs are fairly low. The City's Court Officer transports the prisoners to the Hood Canal
Bridge and makes an exchange with the City of Forks at that point. It is at a fairly low cost.
Once the inmate has served their time, they are given a bus ticket back. There have not been
any emergencies where the City of Port Orchard has to transport somebody back. The
savings are significant with using the jail services at Forks, and it has been a good
arrangement that has been going on for over a year with no problems.
Councilmember Chang MOVED and Councilmember Colebank seconded the
motion to authorize the Mayor to execute Contract No. 038-13 with the City of
Forks. Upon vote, the motion passed unanimously.
8. COMMITIEE REPORTS
Minutes of April9, 2013
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Councilmember Childs reported the Economic Development and Tourism Committee will
meet April1o, 2013, at City Hall at 3=30 p.m. and the Waterfront Plan Vision Subcommittee
is scheduled for April 22, 2013.
Councilmember Putaansuu reported the Utility Committee meeting is Friday, April 12,
2013. At the last meeting they reviewed the third quarter operating statement; the
McCormick Woods Step Conversions have been successful with receiving 72 participants
out of 120 who were noticed, so there is a possibility of an add alternate to that bid; Well 9
construction will hopefully be completed of June 30, 2013. The Sewer Advisory Committee
will meet onApril17, 2013.
Councilmember Chang reported the next Public Property Committee is scheduled for April
16, 2013. He asked if the Council has someone they would like to be on the Lodging Tax
Advisory Committee to send their information to City Clerk Rinearson.
Councilmember Colebank reported he will have two meetings this week a11d one next week.
9· MAYOR'S REPORT
The Mayor Matthes reported on the following:
• The South Kitsap Recreational Survey is available, please fill out the survey either
online or pick up a hard copy at City Hall. Surveys will be taken until April30, 2013.
• Town Hall Meetings are scheduled for June, September, and December.
• "What's Going on Around Town" handout is available.
10. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reported:
• DeKalb Street Pier project is moving ahead and currently has a positive balance
going into that project.
• He will attend the Seattle meeting on April15, 2013 to see where Tremont is going to
land.
• Bay Street Pedestrian Pathway
o Segment 2 is nearing completion with paving this week and the traffic control
will be taken down a week from Friday.
o There has been number of changes of condition which had to do with
unsuitable conditions of the wall and running into the waterline. Change
Orders were received at a meeting today. Project overruns will total to
$22,000.
o The add alternate of the east bridge abutment will actually cost $59,000
instead of $38,000.
Minutes of Apri19, 2013
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o He has contemplated the performance of the contractor, but the funding must
be used by June 30, 2013, which does not allow enough time to rebid for a
new contractor.
o He needs direction from Council on how to proceed with the project:
• Option No. 1: Move forward as originally planned with the knowledge
that an additional $6o,ooo will be needed to complete the project.
• Option No. 2: Drop the add alternate from the project.
• Option No. 3= Direct the contractor to not do the abutment until the
rest of the work has been completed (will have to purchase piling, but
can stockpile it until it is needed).
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to authorize Option 3, allowing Mark to use his best judgment on this issue
and report back to us when we are farther along on the project on which action we
are actually going to take; and he is going to notify the contractor that we are not
going to do the footing at this point and we may proceed with it at a later date.
Upon vote, the motion passed unanimously.
City Attorney Jacoby reported:
• There will be an executive session following the meeting, and no action will be taken.
• The Supreme Court ruling concerning Public Defenders and Indigent Defense
Standards has a delay in implementation. Model rules need to be created, and it is
not scheduled to be implemented until January 1, 2015.
City Clerk Rinearson reported the City of Bremerton City Council is discussing the foot ferry
services contract, and she will have more information available at next week's Work Study.
11. CITIZENS COMMENTS
Fred Olin urged the Council to put that footing in for the bridge, even if you have to go
into REET money. He asked which cities were used as comparables for the sergeants.
Councilmember Clauson said that Poulsbo and Gig Harbor were two of the comparable
· cities used.
Jeff Braden asked the Council to make a policy that when anyone gives a presentation
that they show it on the screen so the public can follow the discussion.
Gil Michael said he agrees with Fred Olin and asked the Council to start the bridge
abutment, because environmental regulations could change and require it be pushed back
further from the water. He feels this is a key portion to the project.
Diane McConaghy suggested taking the funding for the street end at the foot ferry
terminal to create a medallion and use it for the bridge abutment.
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Councilmember Clauson said he would like to add to the Finance Committee agenda a
discussion for the funding of the bridge abutment.
Councilmember Chang asked that an update on the recent hearing examiner decision of
the mixed use of the south west corner of Sidney be given at the next Work Study.
12. EXECUTIVE SESSION
At 8:31 p.m. Mayor Matthes recessed the meeting_for:_ a 30-minute executive session
regarding personnel matters and potential litigation in accordance with RCW 42.30 .11o(B).
City Attorney Jacoby and Public Works Director Dorsey were invited to attend and the
Mayor announced that no action would be taken as a result of the executive session.
At g:o1 p.m. Mayor reconvened Council back into regular session.
13. ADJOURNMENT
At g:o1 p.m. Mayor Matthes adjourned the meeting.
~OIL-=
Brandy Rinearson, CMC, City Clerk