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05/28/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 28, 2013 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Jim Colebank, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Police Chief Marti, Public Works Director Dorsey, City Treasurer Martin, Office Assistant II Floyd, Fire Prevention Manager Rogers, City Lobbyist Taylor, and City Attorney Jacoby were also present. A. Pledge of Allegiance Briahna Taylor led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gil Michael spoke about Resolution No. 011-13, which is for Council strong support of the 2013 transportation investment package. The resolution states the package specifically allocates $3.6 million for the Bay Street Pedestrian Path Project in Port Orchard. He was unable to find any materials in his research regarding where this is specifically listed, or anything for Port Orchard. He would like to ensure that there is some form of guarantee that we do receive this funding if the Council is in support. 3.APPROVALOFAGENDA Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda. Councilmember Putaansuu MOVED and Councilmember Chang seconded the motion to remove Business Item 7E Adoption of Resolution No. 012-13, Approving the Memorandum of Understanding between the City, the Police Guild, and Dale Schuster Regarding Unused Sick Leave and Holiday Leave, and discuss at the next Finance Committee Meeting. Upon vote, the motion passed unanimously. Upon vote, the main motion, as amended, passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Check No's 59683 through 59745 totaling $240,655.93 B. Approval of Public Event Application: Fathoms 0' Fun Festival, Inc.-Concerts by the Bay Minutes of May 28, 2013 Page 2 ofg C. Approval of Contract No. 049-13, Authorizing the Mayor to Execute an Agreement with Utility Services Associates, LLC for the 2013 Annual Water Mains Leak Detection D. Approval of Contract No. 050-13, Authorizing the Mayor to Execute an Agreement with RV & Associates for the 2013 Annual Storm Pond Maintenance Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no Public Hearings were held. 7· BUSINESS ITEMS A. First Reading of Ordinance No. 010-13, Amending the 2013 Budget City Treasurer Martin presented the staff report, noting actions involving amendments to the budget take two readings. This is the first reading of Ordinance No. 010-13, amending Ordinance No. 023-12, adopting the 2013 Budget. The City Budget is written to capture revenue and expense over the fiscal year. During the year changes to the Budget in both revenue and expenditures need to be recognized by Budget Amendment. This Budget Amendment Ordinance recognizes amendments for the first half of the year. During the first half of 2013 the City sales tax revenue is slightly greater than projected, and several expenditure items totaling $52,000 need to be recognized as well as $3,000 for foot ferry service. The Budget Amendment Ordinance reflects the following: 1. $52,000 to Current Expense Fund No. 001 for additional Local Retail Sales & Use Tax; 2. $3,000 for additional foot ferry service. Funds transferred from Community Events Fund No. 107 to Current Expense Fund No. 001; 3. $2,600 from Current Expense Fund No. 001 for annual maintenance cost, 24 hour- seven days a week support, and annual updates to the Barracuda Message Archiver; 4· $20,100 from Current Expense Fund No. 001 for library utilities, including electricity, water, sewer, storm drainage, and solid waste; 5· $27,500 from City Street Fund No. 002 for the purchase of a 2013 Dodge RAM 1500 to replace a fully depreciated street utility truck. Funds transferred from Current Expense Fund No. 001; and Minutes of May 28, 2013 Page 3ofg 6. $1,800 from Current Expense Fund No. 001 for rent payments on office space located at McCormick Woods used as a police substation. Councilmember Childs MOVED and Councilmember Powers seconded the motion to accept the first reading of Ordinance No. 010-13, amending the 2013 Budget for the City of Port Orchard, and to direct staff to place Ordinance No. 010-13, on the June 11, 2013, agenda for second reading and final adoption. Upon vote, the motion passed unanimously. B. Adoption of Ordinance No. 012-13, Amending Port Orchard Municipal Code Section 15.12 2012 Fire Codes Fire Prevention Manager Rogers presented the staff report, noting the Washington State Building Code Council periodically adopts revised fire codes. As such, on November 9, 2012, the Washington State Building Code Council voted to adopt the 2012 Edition of the International Fire Code with an effective date of July 1, 2013. Ordinance No. 012-13, adopts the new edition of the code and modifications, in order to be in compliance with the State. A document was provided to Council outlining the changes to the code. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion adopt Ordinance No. 012-13, amending Port Orchard Municipal Code Section 15.12, 2012 Fire Codes effective July 1, 2013. Upon vote, the motion passed unanimously. C. Adoption of Ordinance No. 013-13, Amending Port Orchard Municipal Code Section 2.04 Council Meetings City Clerk Rinearson presented the staff report, noting after reviewing Port Orchard Municipal Code 2.04 and RCW 35.23.221, staff is looking to formalize written directions from Council as to the process for notifying the public of upcoming hearings and preliminary Council Agendas. Councilmember Lucarelli MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 013-13, amending Port Orchard Municipal Code Section 2.04 Council Agenda. Councilmember Clauson pointed out section 2.04.030 'Special Meetings' states the agenda for public notice needs to be posted at City Hall not less than 24 hours before the special meeting. In case of emergency, this might not be able to be done. He questions if this is a requirement in the RCW' s. City Clerk Rinearson responded stating the RCW requires a special meeting be noticed at least 24-hours prior to the meeting. Minutes of May 28, 2013 Page4 of9 In response to Councilmember Clauson, City Attorney will research if there is a provision in the RCW to allow for emergency meetings with out a 24-hour notice. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to postpone this item to the June 11, 2013, Council meeting, to allow staff to do more research on special meetings. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 011-13, Supporting the State's Transportation Investment Package City Clerk Rinearson presented the staff report, noting in addition to the Transportation Budget, the Washington State Legislature is considering a Transportation Revenue Package. The current transportation revenue being collected (the previous 5 cent and 9 lf2 cent gas tax increases) is allocated to paying debt service on projects that have already been completed. To fund new projects, transportation revenue needs to be raised. City Lobbyist Taylor is asking if Council is in support of this proposed transportation revenue package. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 011-13, supporting the State's 2013 transportation investment package that includes funding for the Bay Street Pedestrian Pathway project, as well as foot ferries. Councilmember Clauson noted he remembers the Council would support this, contingent upon receiving $3.46 million for the Bay Street Pedestrian Pathway project, but when he looks at the City Council Resolves language in the resolution, there is nothing in there which specifically ties the approval to the City. City Lobbyist Taylor responded that per Council's direction, there are a number of sections where the Bay Street Pedestrian Path funding is connected to the transportation funding. If there is a wording change which the Council would feel better reflects their intent that would be appropriate. In addition the Bay Street Pedestrian Path project is difficult to find on the public websites, because it was added in through a committee amendment. It can be found in the LEAP Transportation 2013 Document L1 and on the leap.leg.wa.gov website. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to amend Resolution 011-13, to include the direct reference of the City receiving $3.46 million for the Bay Street Pedestrian Pathway as part of the Council's support. Councilmember Powers shared her concern that just because you ask for a dollar amount, does not mean you will receive the full amount. If we make the resolution specific to $3-46 Minutes of May 28, 2013 Pagesof9 million, they might come back with a different amount. It is short sided to put a restriction on a dollar amount and is uncomfortable in supporting the language proposed. In response to Councilmembers Powers, Ms. Taylor stated there are still some negotiations which need to occur on the transportation revenue package. She noted that the Council expressing support of a specific dollar amount is not necessarily saying they do not support the transportation package. Councilmember Lucarelli mentioned with all the tax increases, not sure the effects on the commerce industry, and not being sure if we will receive money from this, she will be voting against this resolution. Councilmember Childs called Point of Order. Councilmember Childs clarified that the discussion is on the amendment of the resolution and not the main motion. He asked how they use a letter of endorsement when they don't know if they will endorse it until it is put to vote. In response to Councilmember Childs, Ms. Taylor stated that there is a proposal on the table and this proposal stated $3.46 million is for the Bay Street Pedestrian Path. The resolution is saying the Council supports the proposal. The proposal will change as they negotiate the revenue package. It is helpful to the legislators to know that this proposal in front of them is something the City Council does, or does not, support. Councilmember Clauson, with the concurrence of the second Councilmember Putaansuu, WITHDREW his motion. Councilmember Clauson MOVED to amend Resolution No. 011-13, to have the condition of our support to includes at least funding for the Bay Street Pedestrian Path in excess of a million dollars. The motion failed for a lack of a second. Briahna Taylor stated the Council may also voice their support through her, instead of approving a resolution. Councilmember Putaansuu MOVED and Councilm.ember Clauson seconded the motion to amend Resolution 011-13, contingent of the City receiving $3.46 million for the Bay Street Pedestrian Path. Upon vote, the motion failed with three affiMnative votes andfour dissenting votes. Councilmembers Powers, Childs, Colebank, and Lucarelli cast the dissenting votes. Councilmember Putaansuu noted the motion will still state our intent, and Ms. Taylor will still communicate with the Council. We still have the opportunity to pull our support at a later date. Minutes of May 28, 2013 Page 6 of9 Ms. Taylor agreed, saying every time the revenue package is negotiated and changes in form, she will contact them. Councilmember Childs stated his support of the pathway, but this is not just his money, it's everybody's money. This gas tax especially effects low income and people who drive for a living. He is not in support of this, unless there is the vote of the people. Councilmember Powers MOVED and Councilmember Clauson seconded the motion to postpone this discussion to the end of the business items, for staff to include language for the Bay Street Funding in the 'Hereby Resolves' section. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Childs and Lucarelli casted the dissenting votes. E. Approval of Amendment No. 2 to Contract No. 033-09, Authorizing the Mayor to Execute the Amendment with the Kitsap Regional Library for Library Services Public Works Director Dorsey read the staff report, noting amendment No. 2 to Contract No. 033-09, amends the May 26, 2009, Memorandum of Agreement between the Kitsap County Rural Library District and the City. This amendment recognizes our ongoing partnership and evolving relationship since City voters approved annexing into the District. In January the District began providing janitorial service and supplies, as well as landscaping and grounds maintenance at the Port Orchard Library location. City and library staff sought to recognize the fiscal relationship between the entities and reflect the current cost sharing arrangement when drafting the amendment. Relevant portions of the May 26, 2009, Agreement remain in place. Those are, the City continues to provide utility services at its expense, including heating/ cooling, electricity, water, sewer, solid waste, and necessary services for structural maintenance of library building. The expiration of the Agreement on May 26, 2014, will be recognized as part of the 2014 budget process. It is intended that staff will work through a Council process that culminates in a new agreement that meets the needs of library patrons, the City, and District. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to approve Amendment No. 2 to Contract No. 033-09, authorizing the Mayor to execute the amended Agreement with Kitsap Regional Library. Upon vote, the motion passed unanimously. F. Approval of Contract No. 051-13, Authorizing the Mayor to Execute an Agreement with Goldsmith for the 2013 Phase 1 McCormick Village Park Engineering, Surveying, and Construction Management Minutes of May 28, 2013 Page 70f9 Public Works Director Dorsey presented the staff report, noting the Port Orchard City Council allocated $250,000 in 2013 Budget from the McCormick Woods Park Fund for the engineering, surveying, construction management, and timber management associated with McCormick Village Park -Phase 1. In working with Goldsmith Land Development Services ("Goldsmith") and other local consultants on the Phase 1 project scope development, it became evident that Goldmith was the obvious consultant of choice to hire, given their company history with the McCormick Land Company/GEM 1 LLC and the intellectual property rights associated with the project area. Therefore, Goldsmith has provided the City with an engineering, surveying, and construction management proposal (including timber harvest/management) for the Phase 1 activity. Councilmember Powers MOVED and Councilmember Lucarelli seconded the motion approve Contract No. 051-13, authorizing the Mayor to execute a contract with Goldsmith Land Development Services in an amount not to exceed $6s,ooo.oo for the 2013 Phase 1 McCormick Village Park Engineering, Surveying & Construction Management, with the contract term beginning May 29, 2013, and ending December 15, 2013. Upon vote, the motion passed unanimously. G. Approval of May 14, 2013, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approve the May 14, 2013, Council Meeting Minutes. Upon vote, the motion passed unanimously. Councilmember Clauson abstained. In response to Councilmember Childs, City Clerk Rinearson mentioned historically the Clerk's office has done a summary of the minutes. If the Council only wants action minutes, she could do that, but she would advise against it. If people who read the minutes and want to know why a particular action was taken, they would not find out through action only minutes. She also noted the City's auditor commended the City on the way the minutes are· currently written. In addition, the Clerk apologized for not including the statement regarding Councilmember Putaansuu requesting a sheet outlining motions in the minutes. H. Adoption of Resolution No. 011-13, Supporting the State's Transportation Investment Package As directed earlier, City Attorney Jacoby and Ms. Taylor provided the Council with several options for additional language for Resolution No. 011-13. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to amend Resolution 011-13, to include the language "The Port Orchard City Council takes a position in strong support of the Transportation Investment Package which includes funding options for local governments and Minutes of May 28, 2013 Page 8 of9 a significant allocation to completing the Bay Street Pedestrian Path, of which approximately $3.46 million remains unfunded". Councilmember Powers suggested changing the language to state "to include direct funding for completion of the Bay Street Pedestrian Pathway". Public Works Director stated the estimated remaining fund needed to complete the project is approximately $3-46 million. Councilmember Powers CALLED for the question. Upon vote, the motion passed unanimously. Upon vote, the amendment to the motion, passed with five affinnative votes and two dissenting votes. Councilmember Colebank and Lucarelli casted the dissenting votes. Upon vote, the main motion, as amended, passed withfour affinnative votes and three dissenting votes. Councilmember Colebank, Lucarelli, and Childs casted the dissenting votes. 8. COMMTITEE REPORTS Councilmember Clauson reported the Finance Committee will meet on June 14, 2013, 7:30 a.m. at the Family Pancake House. Councilmember Childs reported the Economic Development and Tourism Committee will meet on June 12, 2013, 3:30 p.m. at City Hall. Councilmember Putaansuu reported the Utilities Committee will meet on June 7, 2013, and the Sewer Advisory Committee will meet June 19, 2013. Councilmember Powers reported the Public Properties Committee will meet on June 11, 2013, 8:oo a.m. at Moondogs. Councilmember Childs r~ported the Waterfront Planning Sub-Committee will meet on June 3, 2013,7:30 a.m. at Shari's. Councilmember Chang reported he would like to speak to the City Clerk next month about new committee members for the Lodging Tax Advisory Committee. 9· MAYOR'S REPORT Mayor Matthes reported th~ Kitsap Harbor Festival, Seagull Calling Contest, Wings Cook- Off was a great success, and he also attended the Ribbon Cutting Ceremony for the Marina Park and Bay Street Pedestrian Pathway. 10. REPORT OF DEPARTMENT DIRECfORS Minutes of May 28, 2013 Page 9 of9 Public Works Director Dorsey reported the Bay Street Pedestrian Segment No.2 project with the Port of Bremerton is complete. He met with the contractors on curbing, guardrails, and fencing, which still has to be done. They are also continuing to pour concrete for curbs and sidewalks for the DeKalb Pier. New decking should be arriving today. Also, Well No.9 is getting close to moving into the testing and operations mode. He further mentioned that Von Nix, public works employee, is now a water treatment operator. City Attorney Jacoby noted the Open Public Meetings Act 24-hours notice is a statutory requirement, which cannot be changed. However, there is an exemption for emergencies that involve injury or damage to property or persons. City Clerk Rinearson reported the Town Hall meeting is Thursday, June 13, 2013, at 6:30 p.m. Police Chief Marti reported that he promoted Sergeant Dale Schuster to Police Commander, stating he is very qualified for this position. 11. CITIZENS COMMENTS Gerry Harmon requested the agenda be created with a larger font size for easy viewing on the monitors; and to bring down the projector screen so the audience knows what is being discussed in case there are no more copies of the agenda for the audience. She also believes the transportation investment package should go before the vote of the people, to see if they want to pay those extra taxes. Jerry McDonald asked the Council to assign a subcommittee to work with the concierge and sports teams in Seattle for marketing and advertising. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT At 8:39 p.m. Mayor Matthes adjourned the meeting.