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09/24/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of September 24, 2013 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Carolyn Powers, Cindy Lucarelli, and Jeff Cartwright were present and constituted a quorum. City Clerk Rinearson, Police Chief Marti, Public Works Director Dorsey, Office Assistant II Floyd, and City Attorney Jacoby were also present. A. Pledge of Allegiance Trish Tierney led the audience and Council in the Pledge of Allegiance. 2. CflaZENSCO~ENT There were no citizen comments. 3· APPROVAL OF AGENDA Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4· APPROVALOFCONSENTAGENDA A. Approval of Checks Nos. 60420 through 60488 totaling $113.492.07 B. Approval of Public Event Application: Sidney Glen Dolphin Dash Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7· BUSINESS ITEMS A. Adoption of Resolution No. 023-13, Confirming Mayoral Appointment to the Planning Commission City Clerk Rinearson presented the staff report, noting Rick Wyatt, former member of the Planning Commission, has resigned his seat on the Commission, thereby creating a vacancy for his unexpired Minutes of September 24, 2013 Pa e 2 of6 term. Mayor Matthes has selected Trish Tierney to fill the unexpired term and seeks Council confirmation of said appointment. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 023-13, confirming Mayoral appointment of Trish Tierney to the Planning Commission to fill an unexpired term ending December 31, 2013. Upon vote, the motion passed unanimously. Trish Tierney thanked the Mayor and Council for her appointment to the Planning Commission, noting she understands the needs of the Council and will listen to members of our community. B. Approval of Contract No. 076-13, Authorizing the Mayor to Execute an Agreement with Kitsap County for Incarceration of City Prisoners Police Chief Marti presented the staff report, noting below is a list of the major contract changes. 1. Continues annual bed bank of 3250 bed days for $250,600, an increase of $1o,6oo. This amount will be billed in equal monthly installments. 2. Increase daily rate for housing from $73.68 per day to $77.11 per day. 3. As this is a one year contract all COLA language was removed. 4· The contract duration is through the end of 2013. 5. Defines billing terms including contract agency's prisoners, bed days, shared bed days, shared costs, and fractional bed days. 6. Clarification on release holds and court appearances. Prevents agencies from dropping their hold to avoid sharing bed day costs. 7. Spells out notification procedures for emergency, non-emergent, and non-hospital care of prisoner outside of the jail. 8. Dropped language allowing the county to provide the Electronic Home Monitoring Program to the city defendants at the defendant's expense if alternatives are an option to incarceration. 9· Under escapes and deaths, all expenses related to physical injury or death to the prisoner while under their care, custody and control, shall be the responsibility of the County. 10. Modifies the language in the hold harmless and insurance section, to the satisfaction of the city attorney. This contract has been a work in progress for several months and we are pleased to have this product done to the satisfaction of the city attorney, as well as city and county staff. Councilmember Childs MOVED and Councilrnember Powers seconded the motion to approve Contract No. 076-13, authorizing the Mayor to execute an lnterlocal Agreement between Kitsap County and the City of Port Orchard for Jail Services. In response to Councilmember Childs, Chief Marti noted we have continued under the old contract provisions up until this point, and are paying at a rate a little bit lower until we ratify this contract. We would also need to pay retroactively. Councilmember Putaansuu stated for the County to come in 9 months into the year, and ask us to sign a retroactive contract, this is an unacceptable practice. Since this is only taking us through the end of the year, it is difficult for us to budget for this when we don't know what the cost would be Minutes of September 24, 2013 Pa e 3 of6 for 2014. He would like the changes to go into effect now. He would like an explanation as to why we are paying them from January to now, when there has been no contract. Chief Marti noted there are seven other contract cities that have not yet entered into contract with the County. He also received a letter from the County indicating they are looking into a three year contract in 2014, but this would come with some changes. In response to Councilmember Powers, Chief Marti noted we do contract with the City of Forks for long term holds, but we need the County jail for immediate book ins for violent criminals. We do not have an alternative for that. In response to Councilmember Clauson, Chief Marti stated we have had the contract since May. When he received the contract, he. sent it to the department head of the Municipal Court since they track the bed days, and when she reviewed it, she had some objections. He then took the objections to the County as well as the City Attorney. Through discussions with the County, they did not want to change the wording and how they were calculating shared bed days. In response to Councilmember Chang, Chief Marti said if the Council chooses to send the contract back with recommendations, they would most likely still take our prisoners; however, they do have costs and responsibilities. He also mentioned if the Council would like him to, he could take the contract back to the County. In response to Councilmember Powers, Chief Marti stated there is enough money in the budget to cover the additional $1o,6oo cost. Mayor Matthes noted under most conditions, we should not go along with the contract, but the County has been a good partner with us. The Chief is recommending this contract, and he has the utmost confidence in the Chief. Councilmember Clauson is pondering not approving the contract, and sending it back to the County, saying we are happy to pay from the signature forward. Paying retroactive on something that was not our fault seems difficult to accept. Councilmember Putaansuu stated maybe we should negotiate to pay from when we first received the contract in May. Councilmember Cartwright would like to have the Chief negotiate the contract with the County. He agrees with Councilmember Putaansuu about paying retroactive to May. Chief Marti stated he would like the Council to approve the contract; however, if they decide not to, he is willing to bring it back to the County and express the Council's concerns. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to continue this to the first meeting in October. Upon vote, the motion passed unanimously. C. Approval of September 10, 2013, Council Meeting Minutes Minutes of September 24, 2013 Page4 of6 Councilmember Putaansuu MOVED and Councilmember Chang seconded the motion to approve the September 10, 2013, Council Meeting Minutes. Upon vote, the motion passed unanimously. Councilmember Lucarelli abstained. 8. COMMI'ITEE REPORTS Councilmember Clauson reported the Finance Committee has been rescheduled to October 10, 2013. Councilmember Childs reported the Economic Development and Tourism Committee is scheduled for October 9, 2013, 3:30p.m. at City Hall. Councilmember Lucarelli report the Chimes and Lights Committee will meet October 9, 2013, 3:30 p.m. at City Hall. They are meeting before the Economic Development and Tourism Committee. Councilmember Putaansuu reported the Sewer Advisory Committee is scheduled for October 16, 2013. The Utility Committee met last Friday and received information from a cell tower company who wanted to buy the City out of a lease, which the Committee did not feel was a good proposal. They also received updates on Well No. 9 and the STEP conversions. Councilmember Powers reported the Public Property Committee met on September 17,2013 at the Hideaway Cafe. Councilmember Chang reported the Public Property Committee discussed the conditions of Prospect Street; the Van Zee park request for winter soccer practice; DeKalb Pier Phase II and shortage of funds; Bay Ford dealership cleanup and contamination of part of the parking lot; street vacation request on Cole Avenue; and renegotiating of a cell tower wireless lease. Mayor Matthes reported the next Work Study Session is scheduled for October 15, 2013, and the next Town Hall meeting is scheduled for December 12, 2013. Councilmember Cartwright reported he attended the Kitsap Regional Coordinating Council (KRCC) meeting. It was a three hour meeting which began with a work study session. There were a lot of discussions about going into the next year and what KRCC would like to explore. They also discussed the makeup of the allotments, primarily around some new startups. Councilmember Chang reported there is a special Lodging Tax Committee meeting scheduled for Wednesday, October 2, 2013, at 7:00 p.m. at City Hall. Councilmember Clauson reported Kitsap Transit is celebrating their 30th anniversary. They will be unveiling their new look for the buses, as well as personal shelters being made available to the community. Further, as of today, the Carlisle is back and in service. 9· MAYOR'S REPORT Mayor Matthes reported he attended the Puget Sound Naval Shipyard apprentice graduation and the fall cleanup is scheduled for September 30 through October 4. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of September 24, 2013 Page 5 of6 Public Works Director Dorsey reported they will be flushing water mains in October; they started ditching on Bethel Ave; the compass rose project is underway and is going very smoothly; they are nearing the end of the paving repairs project; and the McCormick park contract is getting closer to getting all parties on board. The Council will be considering real estate acquisitions for Bay Street and traffic impact fees in October. City Clerk Rinearson reported they are working on activating the City's Facebook page, and talking with the County to make sure we are doing this the right way, and the attorney is reviewing the social media site's terms and conditions. She noted the City of Port Orchard Facebook page should be up in the middle of October. 11. CITIZENS COMMENTS Nicole Vaught thanked the Public Works for their quick response to her water issue. Gerry Harmon saw on KOMO 4 News the Tacoma Jail is letting people out, if the City would like to use their services. Gil Michael noticed a cable company is installing fiber optic along Kitsap, Morton Bay, Mitchell and Rockwell Streets. Wayne Patterson asks why the Code City/City Manager issue is together on the same ballot. They should be separate. There were a bunch of people who asked for those to be separate as they are two separate issues. Councilmember Chang responded the majority of the Council felt there was no problem legally to have two separate issues on one ballot measure, and felt comfortable having it as one item. City Attorney Jacoby stated this is a citizen comment section, and typically, the Council responds to questions that are asked after the meeting through an email response or some other type of communication. There is not usually a dialogue between Council and citizen at this time. Wayne Patterson said the Council is not acting in the best interest of the people they represent. This is what he works for, what he fought for, and this is what he expects. He asks again, why the Council put this as one issue, instead of having two separate issues. Gil Michael thanked Mr. Patterson for his comments, and noted as recently as nine months ago, he made a statement before the Council, and the Council engaged him. The City Attorney is wrong in his statement that the Council does not engage a member of the public who has come up to speak. He understands the reasons, but he disagrees that it is inappropriate for the Council to not answer a sincere citizen's statement when they ask a sincere question. He asked an official question to get an answer from the Council or at least a member of the Council, as to who proposed combining the measure in the first place. Minutes of September 24, 2013 Pa e 6 of 6 KT Arthur said she and several members of her family have served, or are serving, in the military, and have spent a great deal of time making sure that people can vote. How dare the Council even think about taking away people's right to vote. Vance Vaught knows what a city manager is, and has seen one up close and personal. He was arrogant, and completely ineffectual. He was only a manager, he was not a leader. We need leadership. He is ashamed of the Council for putting the city manager issue before the people in the way that they did. There was no urgency to do this. He also questions why they did this. Further, why are they not concerned with the budgetary issues that come along with the city manager? These questions were asked by the public, and still remain unanswered. He has yet to hear one good reason for a city manager. Wayne Patterson would like the Council to hold their committee meetings at City Hall so it would be more visible and more people could attend. 12. EXECUTIVE SESSION At 8:12p.m., Mayor Matthes recessed the meeting for a 15-minute executive session regarding real estate matters in accordance with RCW 45.30.110(1)(b). The Mayor announces that no action would be taken as a result of the execution session. At 8:26p.m. Mayor Matthes extended the executive session for 5 more minutes. At 8:31p.m., Mayor Matthes reconvened the Council back into regular session. 13. ADJOURNMENT At 8:31 p.m., Mayor Matthes adjourned the meeting. Brandy Rinearson, C ~A&'~ Timothy C. tthes, Mayor