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10/08/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 8, 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, Carolyn Powers, Cindy Lucarelli, and Jeff Cartwright were present and constituted a quorum. Public Works Director Dorsey, City Treasurer Martin, Police Chief Marti, Deputy City Clerk Fernandez, Office Assistant II Floyd, and City Attorney Jacoby were also present. A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CnMZENSCO~ KT Arthur spoke about comments made by some Councilmembers in the October 2, 2013, Port Orchard Independent article. She said she did slap her hand on the podium in order to make a point. She believes the public was not out of control, nor did they present any safety concerns. She said if this type of behavior is to be expected from certain Councilmembers, then resignations are in order. Gil Michael presented several emails between Councilmember Childs, Lucarelli, and Councilmember candidate Kim Punt, which show an attempt to influence the lodging tax process and trying to have private meetings. He also noted there seemed to be an email, which looked to be altered when it was forwarded to other Councilmembers. He asked the Council to investigate this matter using unbiased sources and to remove Councilmembers Childs and Lucarelli from deliberation on this year's lodging tax distribution discussion. Nicole Vaught voiced her frustration with Councilmembers Childs and Lucarelli on their comments in the Port Orchard Independent article and on the email exchanges regarding the lodging tax. She asked Councilmembers Lucarelli and Childs to resign, and noted Ms. Punt should withdraw from the race. 3· APPROVALOFAGENDA Councilm.ember Clauson MOVED and Councilm.ember Chang seconded the motion to add Business Item 7G 'Discussion on Council Salaries'. Upon vote, the motion passed unanimously. Councilm.ember Clauson MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA Minutes of October 8, 2013 Page2 of6 A. Approval of Checks Nos. 60489 through 60582 totaling $412,517.69, September Payroll Check Nos. 145427 through 145481 totaling $538,963.79, and Treasurer's Checkbook in the amount of $2,754,161.88. B. Setting the October 15, 2013, Work Study Session Meeting C. Approval of September 24, 2013, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION No presentations were held. 6. PUBUC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Resolution No. 024-13, Declaring Certain Timber at McCormick Village Park to be Surplus to the Needs of the City City Attorney Jacoby presented the staff report, noting the McCormick Village Park is a 27-acre site that is located adjacent to Old Clifton Road and north of McCormick golf course. It was initially designated as parkland in the broader McCormick Village development plan. In 2010, the City adopted the McCormick Village Park Master Plan, which identified as a preferred alternative a development that included among other features, a shared entry and parking area, trails, playground areas, a commons, and a meadow. In order to develop the property in accordance with the preferred alternative, it is necessary to engage in forest management and the harvesting and thinning of trees in an area of approximately 5·5 acres, which is identified on the Harvest Area map that is included with this staff report. The timber is on City-owned land and is therefore an asset of the City. Before the timber can be sold, the City Council must declare it to be surplus to the needs of the City. City staff proposes to undertake an open and competitive process to solicit the highest bid for the timber. Staff proposes to set a minimum bid price of $25,000. In response to Councilmember Clauson, Public Works Director Dorsey noted this is more of a thinning operation. We will not see many disturbed, exposed areas. Which trees go and which trees stay have already been determined by a timber management group and approved by a logger. Councilmember Clauson MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 024-13, declaring certain timber at McCormick Village Park to be surplus to the needs of the City, and direct staff to sell the timber to the highest bidder. Upon vote, the motion passed unanimously. B. Approval of Contract No. 076-13, Authorizing the Mayor to Execute an Agreement with Kitsap County for Incarceration of City Prisoners Minutes of October 8, 2013 Page3of6 Police Chief Marti presented the staff report, noting at the September 24, 2013, Council meeting, Council directed staff to contact the County to inform them that the contract should not be retroactive; rather it should be effective upon both parties signing the contract. Below is the new language for compensation negotiated since the September 24, 2013, Council meeting. 6. COMPENSATION FROM CONTRACI' AGENCY: (a) Base Rate for Housing. In return for the County's housing of a Contract Agency Prisoner, the Contract Agency shall pay the County $246,470.92 in the 2013 calendar year for 3,250 bed days (also referred to as the Annual Bed Bank). The Annual Bed Bank shall be reduced by one bed-day for each full bed-day, or portion thereof that a prisoner is in the custody of the County, as outlined under subsection (d) "Split Billing", below. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody, or the prisoner is released. The daily rate for housing has been prorated for the months of January through April at the 2012 rate of $73.68 per day, and will be proratedfor the months of May through December at the2013 rate of$77.11 per day. The Contract Agency used 1206 bed days from January 1, 2013, through April30, 2013, at the rate of $73.68 per day for a total of $88,858.08 leaving a remainder of 2044 bed days in the Contract Agency's Annual Bed Bank at the rate of $77.11 per day ($157,612.84). The daily rate for housing of additional prisoners beyond the Annual Bed Bank shall be $77.11 per full bed-day, or prorated for any portion thereof 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. The motion in the floor is: Councilmember Childs MOVED and Councilmember Powers seconded the motion to approve Contract No. 076-13, authorizing the Mayor to execute an Interlocal Agreement between Kitsap County and the City of Port Orchard for Jail Services. Upon vote, the motion passed unanimously. C. Approval of Contract No. 078-13, Authorizing the Mayor to Execute an Agreement with David Evans & Associates for the 2013-14 Traffic Impact Fee Program Implementation Public Works Director Dorsey presented the staff report, noting on August 2, 2013, the City of Port Orchard Public Works Department issued a Statement of Qualification (SOQ) request for the 2013- 2014 Traffic Impact Fee Program Implementation process. On August 16, 2013, the City received two (2) SOQ's, that being from David Evans & Associates, Inc. and Shea-Carr-Jewell. An interview panel was established and consultant interviews were performed on September 10~ 2013, whereby David Evans & Associates, Inc. was selected. A subsequent scope and budget development meeting between the City and the selected consultant was held on September 26, 2013. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute Contract No. 078-13 with David Evans & Associates, Inc. in an amount not to exceed $45,000 for the 2013-14 Traffic Fee Program implementation process. Upon vote, the motion passed unanimously. D. Approval of Contract No. 079-13, Authorizing the Mayor to Execute a Legal Services Agreement with Kitsap County for Prosecution Services Minutes of October 8, 2013 Page4of6 City Attorney Jacoby presented the staff report, noting for many years, the City has contracted with Kitsap County for legal services for prosecution of municipal criminal complaints and civil infractions. The current contract expires on December 31, 2013. The County is willing to continue to provide prosecution services and has proposed a 3-year contract. The key terms are the same as the current contract, except the County's costs have increased. In 2012, the City paid the County $95,112 for prosecution services. The new contract proposes a base figure of $97,010 to be paid in equal monthly installments. In addition, the City's cost will be adjusted annually to reflect increases in wages and benefits paid to the County's staff -not to exceed the CPI-U for the Seattle/Tacoma/Bremerton area. Councilmember Childs MOVED and Councilmember Cartwright seconded the motion to approve Contract No. 079-13, and authorize the Mayor to sign the Legal Services Agreement with Kitsap County for Prosecution Services. Upon vote, the motion passed unanimously. E. Approval of Contract No. 080-13, Authorizing the Mayor to Execute an Agreement with Martha McMurray for a Right-of-Way Use Public Works Director Dorsey presented the staff report, noting on August 20, 2013, Ms. Marty McMurray requested information about a petition to vacate a portion of the alley (City right-of- way) located adjacent to 1021 Coles Lane. Mter discussion with the applicant, neighbors, and the Public Properties Committee, it was determined to be in the City's best interest to enter into a 'Right-of-Way Use Agreement', rather than vacating a portion of the City's right-of-way. The purpose of the Right-of-Way Use Agreement is to satisfy Title Policy conditions for the future sale of Ms. McMurray's property, as some of the existing building structures have been constructed within the City's right of way. In response to Councilmember Childs, Public Works Director Dorsey stated the City was approached with this request. Councilmember Chang noted this property owner had the chance to ask all the other property owners if they would be willing to do a boundary line adjustment, and not all of the property owners agreed. Some were not willing to adjust their property lines. Councilmember Powers stated this was reviewed through the Public Properties Committee. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to approve Contract No. 080-13, thereby authorizing the Mayor to execute a Right-of-Way Use Agreement with Ms. Marty McMurray for Right-of-Way use adjacent to 1021 Coles Lane. Upon vote, the motion passed unanimously. F. Approval of September 17, 2013, Work Study Session Meeting Minutes Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to approve the September 17, 2013, Work Study Session Meeting Minutes. Upon vote, the motion passed unanimously. 7G. Discussion of Council Salaries Minutes of October 8, 2013 Page 5 of6 Councilmember Clauson reported as far as the State Retirement System is concerned, the Council is making less than minimum wage. A calculation is used to determine whether they have earned sufficient amount to make a service credit to go towards retirement. Historically, the Council has been earning the service credit; however, with the changes to the minimum wage law, it has now put the Council in a position where they are not earning a sufficient amount. He has asked the City Treasurer to do some calculations as to what changes would be necessary for the Council to at least meet the minimum requirements. Currently, the Council earns about $771.24 per month. To meet the minimum requirements, a councilmember would have to earn $838.80 per month. Councilmember Clauson would like the Council to discuss this further at the next Work Study session. In response to Councilmember Powers, Councilmember Clauson agreed that Councilmembers are restricted from receiving any additional compensation raising their salaries while they are in office. Councilmember Cartwright MOVED and Councilmember Powers seconded the motion to place this item on the next Work Study session agenda. Upon vote, the motion passed unanimously. 8. COMMITfEE REPORTS Councilmember Clauson reported the Finance Committee is scheduled to meet October 10, 7:30 a.m. at the Family Pancake House. Councilmember Childs reported the Economic Development and Tourism Committee will meet tomorrow at 3:30p.m. at City Hall. The Live Work Play is being sound mixed, and the first parts are looking good. Councilmember Putaansuu reported the Utility Committee is scheduled to meet October 18 and Sewer Advisory Committee is scheduled to meet October 16. Councilmember Powers reported the Public Property Committee met this morning and is scheduled to meet Tuesday, November 12, 2013, at the Hideaway Cafe, and tomorrow is the ribbon cutting ceremony for the Compass Rose project at the end of Sidney Avenue. Councilmember Lucarelli reported at the Public Property Committee meeting they discussed the City Hall clock tower; parking commercial vehicles on residential streets; use of the Active Club; and use of VanZee Park from a soccer group. Councilmember Chang reported the Lodging Tax Advisory Committee met last Wednesday at City Hall. They discussed recent emails regarding a response from an unsatisfied applicant. Councilmember Lucarelli reported the Chimes and Lights Committee will meet tomorrow at 3:30 p.m. at City Hall before the Economic Development and Tourism Committee. 9· MAYOR'S REPORT Minutes of October 8, 2013 Page 6 of6 Mayor Matthes read a proclamation regarding National Business Women's week, and also read a correspondence from Donna Phillips acknowledging the exceptional customer service from Dave Boltz, who works in the Public Works Department. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the Compass Rose project went very well, and the tower clock is not working, as it is a difficult problem to resolve, mainly due to access. There is a plan to fix it, but staff will have to close Bay Street due to OSHA requirements. City Treasurer Martin reported the Finance department has been working with Public Works Director Dorsey on the clock tower; the 2014 Mayor's preliminary budget is posted on the website and is out for review; and the Finance Committee will start their deliberations and discussions . 11. CITIZENS COMMENTS Nick Whittleton agrees the Council is underpaid. He would like to see a couple public hearings on this issue to see what the Councilmembers are willing to do to earn a larger salary. Brian Petro would like the Council to raise their salaries to $1,ooo each, and forget about changing the government. He was disturbed by what he read in the newspaper that there was negative discourse between the Council and its citizens. In our form of government, we are all a team, and access to the Council is important. He does not want people to mistake passion for a dangerous situation. Elissa Whittleton stated she appreciates the replacement pavement on Farragut. She also requested the Committee meetings to be held at City Hall and be televised. KT Arthur addressed that during public hearings regarding the upcoming proposition, 18 people came to speak to the Council; seven were against the proposition, six were for the proposition, and five were undecided. This tells her there is disparity between what the citizens are telling the Council, and what the Council is deciding on the citizens' behalf. · 12. EXECUTIVE SESSION No executive session held. 13. ADJOURNMENT At 8 :14p.m., Mayor Matthes adjourned the meeting.