12/10/2013 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of December 10, 2013
1. CALLTOORDERANDROLLCALL
Mayor Tim Matthes called the meeting to order at 7:18p.m. Mayor Pro-Tem Fred Chang
and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Jeff Cartwright, and
Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Police Chief
Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond,
Human Resources Coordinator Howard, Deputy City Clerk Fernandez, and City Attorney
Jacoby were also present.
Excused: Carolyn Powers
A. Pledge of Allegiance
Mayor Matthes led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Gil Michael read a letter addressed to Development Director Bond into the record
regarding Business Item 7 A and the greenbelt amendment. He asked the Council to move to
put the greenbelt amendment on the Planning Commission agenda for next year.
Gary Anderson said the Kitsap County Association of Realtors supports the solution to
allow the property owners, who are interested in developing their property, the opportunity
to prove they have property that should be excluded from the greenbelt zoning. He asked
the City· properly notify the property owners with enough time to allow for a sufficient
response. They want the City to correct the matter of not notifying property owners when
there are proposed changes to their property. He thanked Development Director Bond for
creating a solution to this problem and for providing clarity and guidance to this important
matter .
. Randy Jones said he is for the bike path, but discussed other options for the path besides
taking his property. He would like to invite Councilmembers to a meeting on Mitchell Point
to discuss problems with the plan. He discussed the problems with the current plan and
solutions to the problems.
3· APPROV AI.. OF AGENDA
The following items were removed from the Consent Agenda and place under Business
Items:
• Consent Agenda Item No. 4B
• Consent Agenda Item No. 4C
Minutes of December 10, 2013
Page 2 of16
Councilmember Clauson 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 Checks Nos. 60862 through 60962 in the amount of $341,067.02,
Payroll Check Nos. 145530 through 145576 in the amount of $560,186.93 &
Treasurer's check book in the amount of $2,345,567.57
B. l ... doptioB of Ordifta:Bee No. 027 13, R:ef>ealiBg OrdiBanee No. 1~51 and l.nioptiBg the
City of Port OrehaFd's 2013 Comprehensive Emergency Management Plan CEMP
C. l ... ppro:r.tal of Contfaet No. 0~4 13, AuthoriziBg the Mayor to EKeeute a Lease
Agpeement vlith Kelley Imaging Systems for Publie \<'loFl~s/ComiBUnity Development
Copier
D. Approval of Amendment No. 2 to Contract No. 076-13, Authorizing the Mayor to
Execute an Interlocal Agreement with Kitsap County for Jail Services
E. Approval of Police Department Full-Time Equivalent Count for Commissioned Law
Enforcement Personnel
F. Excuse Councilmember Powers from the December 12, 2013, Council Meeting .....
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion approving the amended 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 Ordinance No. 028-13, Approving and Denying Proposed
Amendments to the City's Comprehensive Plan
Development Director Bond presented the staff report, noting the Planning Commission
recommends the City Council act to approve four of the six amendments to the Port
Orchard Comprehensive Plan as considered by the Planning Commission during the 2013
amendment cycle. The Planning Commission recommends approval of the following
amendments:
• Comprehensive Plan Amendment No. 1: The Gaudette Amendment
• Comprehensive Plan Amendment No. 2: The GEM1 Amendment
• Comprehensive Plan Amendment No. 4: The Capital Facilities Plan Amendment
• Comprehensive Plan Amendment No. 6: The Appendix G Amendment
Minutes of December 10, 2013
Page3 of16
The Planning Commission recommends denial of the following amendments:
• Comprehensive Plan Amendment No. 3: The Greenbelt Amendment
• Comprehensive Plan Amendment No. s: The Annexation Area Rezone Amendment
All six amendments are summarized on the provided fact sheets. On November 26, 2013,
the City Council took public testimony on the proposed amendments. With the exception of
the Greenbelt Amendment, no one provided testimony at this meeting, which contradicted
the Planning Commission's recommendation.
The City Council may choose to approve or deny any of the six amendments; however if the
City Council chooses to reverse any one of the Planning Commission's recommendation, the
Council will need to identify the specific factual or legal grounds for its decision. Only the
Greenbelt Amendment has proven to be controversial. The remaining five amendments,
barring findings to the contrary, should be approved by Council. The Greenbelt
Amendment cannot be approved by Council at this time as an Environmental Impact
Statement (EIS) has not yet been written for the proposal and approving it would be in
violation of the State Environmental Policy Act. The Council has three distinct options for
handling the Greenbelt Amendment.
1. It could deny the Greenbelt amendment based on the findings and recommendation
set forth in Planning Commission Resolution No. 03-13, and the supplemental
findings contained in Ordinance No. 028-13.
2. It could neither approve nor deny the amendment but instead defer the matter to the
2014 Comprehensive Plan amendment cycle pending completion of the EIS in 2014.
The cost for the EIS could run anywhere from $2o,ooo to $so,ooo depending on the
level of detail required. Consistent with state law and Resolution No. 022-06, the cost
of the EIS is the responsibility of the applicant.
3. It could deny the amendment as recommended by the Planning Commission and
direct staff to inform concerned owners of Greenbelt properties that they retain the
right to file site-specific rezone applications for their property, thus ensuring a focused
review during the future Comprehensive Plan amendment cycles.
In response to Councilmember Putaansuu, City Attorney Jacoby said there would be no
impacts on adopting the changes in 2014. He reviewed the RCW, WACs, MRSC, and the
Department of Commerce. No changes can be made the night of the meeting when it is
adopted. There is a timing issue right now; the Department of Commerce takes 6o days to
review it. The Planning Commission hearings were held up due to a lack of a quorum.
In response to Councilmember Childs, Development Director Bond said Planner Jennifer
Haro wrote the Capital Facilities Plan under the direction of Public Works Director Dorsey.
The previous document was from the mid-1990s, and the one being adopted tonight is an
entirely new document.
Public Works Director Dorsey said the Capital Facilities Plan was vetted through the
Planning Commission during three or four meetings.
Minutes of December 10, 2013
Page4of16
Councilmember Childs said that when something new comes forward, he would like to
know what it is and why. He has no reference to the past and he has not talked to the author
of the document. Public Works Director Dorsey said that Planner Haro gave a presentation
at Work Study and at a Council meeting.
In response to Councilmember Childs, Development Director Bond explained the 2011
Parks Plan has been reviewed as well as the 2012 Shoreline Master Program, so the
references needed to be updated. They are also adding the public art program that was
implemented this year.
Councilmember Cartwright thanked staff for working with Mr. Michael on a solution to the
Greenbelt Amendment. Development Director Bond said his department is willing to put
together mailers and notify the property owners of people who live in the greenbelt about
applying for an amendment next year.
In response to Councilmember Chang, Development Director Bond said the annexation
area rezone amendment had property owners in the area who were concerned about being
nonconforming and not being able to refinance. However, there was no testimony in
support of the amendment because it would not address the nonconformity, and there was
lot of testimony against it. They preferred to keep the commercial zoning.
Councilmember Putaansuu said he supports staffs proposal for the greenbelt amendment,
and agrees with Mr. Anderson's testimony.
This item will be on the consent agenda in January.
B. Adoption of Ordinance No. 026-13, Adopting the Amendments to the 2013
Budget
City Treasurer Martin presented the staff report, noting 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. Traditionally
the City has twice yearly considered Budget Amendments. Most recently, the Council
passed Ordinance No. 010-13, on June 11, 2013, that reflected amendments for the first half
of 2013. This Budget Amendment Ordinance recognizes amendments for the second half of
the year.
The Budget Amendment Ordinance reflects the following:
1. $62,816 to Current Expense Fund No. 001 from the Department of Labor and
Industries Safety and Health Investment Project (SHIP) Grant.
2. $16,ooo to Current Expense Fund No. 001 from additional Marine Patrol Grant
proceeds.
3· $3,300 to Current Expense Fund for increased sales and use tax revenue.
4· $1,000 from Cumulative Reserve for Equipment Replacement Fund No. 303 for
additional expense incurred in outfitting a new police vehicle.
Minutes of December 10, 2013
Page 5 of16
5. $3,300 from Current Expense Fund No. 001 to renovate planter boxes near DeKalb
Pier.
6. $6,ooo transfer from Street Fund No. 002 to Current Expense Fund No. 001 for
seasonal street workers reassigned to parks maintenance seasonal workers.
7. $70,500 from Storm Drainage Utility Fund No. 421 for drainage improvements along
the Bethel corridor.
8. $10,000 from Storm Drainage Utility Fund No. 421 for Storm Drainage infrastructure
repairs in conjunction with Bay Street pedestrian pathway segment 2 construction.
9. $58,ooo from Cumulative Reserve for Municipal Facilities Fund No. 302 for Dekalb
Street Pier and Bay Street pedestrian pathway project expenses ineligible for grant
reimbursement and unanticipated 2012 project expense carryover.
10.$70,000 from Water Sewer Utility Fund No. 401 for Well No.9 additional expenses
and unanticipated 2012 project expense carryover.
11. $23,000 from Water Sewer Utility Fund No. 401 for water meters.
12. $158,000 transfer from Water Sewer Utility Fund No. 401 to Water Sewer Cumulative
Reserve Fund No. 403 recognizing the Capital Facilities Fee collected as a portion of
the Water Sewer rate.
13. $120,000 to Water Sewer Utility No. 401 additional revenues received and increase
$120,000 for additional expenditures due to pump & lift station repairs and purchase
of water for resale.
14. $61,630 reduction 2003 Limited Tax GO Ref Bond Fund No. 206 revenues and
expenditures. In 2013, the City completed its transition of Water Sewer Utility
QuickBooks accounting software to the Springbrook financial software, budget
revisions are required to accommodate the change. Payments formerly budgeted as a
transfer from Water Sewer Utility to 2003 Limited Tax GO Ref Bond Fund No. 206
will now be paid directly from the WS Operating fund. $61,630 is moved from WS
operating transfers line item to the proper debt payment coding.
City Attorney recommended allowing a public comment period for the budget amendment.
No comments were received from the public.
Councilmember Clauson MOVED and Councilmember Lucarelli seconded the
motion to adopt Ordinance No. 026-13, amending the 2013 Budget for the City
of Port Orchard. Upon vote, the motion passed unanimously.
C. Adoption of Ordinance No. 029-13, Adopting the 2014 Budget
City Treasurer Martin presented the staff report, noting the Mayor of Port Orchard
completed and placed on file a proposed budget and estimate of the amount of the monies
required to meet the public expense, bond retirement and interest, reserve funds, and
expense of the government of the City for the fiscal year ending December 31, 2014. As
required, the City Council held a public hearing on revenue sources for the coming year's
budget, including consideration of possible increases in property tax revenue. The Finance
Committee met independently to study the proposed budget, and held budget interviews
Minutes of December 10, 2013
Page 6 of16
that required the presence of department heads. Input was sought from the full Council. A
final hearing seeking public input on the proposed budget was held November 26, 2013.
The 2014 Budget does not exceed the lawful limit of taxation allowed by law to be levied on
the property within the City of Port Orchard for the purposes described in the 2014 Budget,
and the estimated expenditures in each fund are all necessary to carry on the government of
the City for fiscal year 2014.
The 2014 Budget reflects department head requests, Mayor's priorities, citizen comment,
Finance Committee, and City Council input and modifications.
Councilmember Childs said he would vote in favor of the budget, but noted a couple of
exceptions that he did not support raising Councilmembers salaries and the process of the
lodging tax distribution.
Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion to adopt Ordinance No. 029-13 adopting the 2014 budget. Upon
vote, the motion passed unanimously.
D. Adoption of Resolution No. 030-13, Designating the City Treasurer as the
Authorized Official to Make Declarations of Official .Intent for Reimbursement
of Expenditures with Bond Proceeds
City Treasurer Martin presented the staff report, noting the 2014 Budget provides
$840,000 from Water Sewer Fund 401 for final design and permitting for improvements to
Well No. 10. The City is pursuing several loan programs that would spread the cost of the
improvements over several years. At a recent work study session council members
expressed the desire to start the design phase prior to determining whether or not to
borrow money for the project, and prior to receiving loan proceeds. In which case the
expenses incurred by the City would be reimbursed once loan proceeds were received.
One loan option is issuing tax-exempt bonds. Staff contacted the City's bond attorney,
Foster Pepper, PLLC to determine applicable federal tax laws to reimburse allocations
made from tax-exempt bond proceeds of an issue to reimburse itself for prior expenditures
paid With funds other than bond proceeds.
The proposed Resolution designates the Treasurer, on behalf of the City, to make
declarations of Official Intent to reimburse expenditures with proceeds of bonds that are
issued in the future. The federal rules allow a second option to declare Official Intent
whereby the Council would not designate an administrative officer to do so. In that case,
the Council would make finance specific declarations. Designating the Treasurer provides
"a belt and suspenders"' approach that allows a declaration within a 6o-day window once
money is expended on a capital project. The declaration should be considered an
administrative function, as an Official Intent needs to be made within the confines of
Minutes of December 10, 2013
Page7of16
federal rules. This approach maintains the City's greatest flexibility in reimbursing itself,
should the Council decide to do so.
Only the legislative body may indebt the city by borrowing and the administrative action is
merely a reflection of the Councils intent. An Official Intent does not obligate the City to
issue bonds or borrow money.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Resolution No. 030-13 designating the Treasurer as the
official authorized on behalf of the City to make Declarations of Official Intent
to reimburse certain expenditures with proceeds of bonds to be issued by the
City in the future. Upon vote, the motion passed unanimously.
E. Adoption of Resolution No. 031-13, Acknowledging Budget Amendments to
the South Kitsap Water Reclamation Facility (SKWRF) 2013-2014 Biennial
Budget
City Treasurer Martin presented the staff report, noting The South Kitsap Water
Reclamation Facility (SKWRF) provides wastewater treatment facilities for the City of Port
Orchard and West Sound Utility District with funding provided by the City and the District
through an Equivalent Residential Unit charge to each entity. A SKWRF 2013-14 biennial
budget was passed on December 3, 2012, to cover a two-year budget cycle with revenue and
expenditures reviewed and approved by the Sewer Advisory Committee (SAC). SAC is
comprised of three officials from each entity. Each budget and subsequent amendments are
presented by the SAC to the City Council for ratification.
At its November 26, 2013, Council meeting, members were presented budget amendments
that serve as a midcourse adjustment to the 2013-14 SKWRF Budget. SKWRF
administrative staff presented an overview of plant operations and offered to answer
questions regarding budget amendments and further made themselves available to the
public, elected officials, and City staff. The amendments presented were reviewed by the
Sewer Advisory Committee members, who recognize the necessity of the changes.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to adopt Resolution No. 031-13, recognizing and accepting changes
to the SKWRF 2013-14 biennial budget. Upon vote, the motion passed
unanimously.
F. Adoption of Resolution No. 032-13, Confirming Mayoral Appointments to
Boards, Committees, and Commissions.
City Clerk Rinearson presented the staff report, noting annually, the City Clerk advertises
the qualifications and duties of each expiring term on the various boards, committees, and
commissions that have open seats. This year, applications were due to the City Clerk's office
Minutes of December 10, 2013
Page 8 of16
on December 6, 2013, and the following applications were received for the following
Boards, Committees, and Commissions:
Design Review Board
David Fall
John Charles Purves
Planning Commission Building Board of Appeals
Trish Tierney Matt Zawlocki
John Charles Purves Sean Hoynes
Nick Whittleton
The Mayor has appointed the following persons to the Boards, Committees, and
Commissions:
• John Charles Purves and David Fall to the Design Review Board for a term expiring
December 31, 2016.
• Trish Tierney to the Planning Commission for a term to expire December 31,2017.
• Matt Zawlocki to the Building Board of Appeals for a term expiring December 31, 2018
and Sean Hoynes to the Building Board of Appeals to an unexpired term of December
31,2017.
In response to Councilmember Clauson, City Clerk Rinearson said the board position that
Mr. Hoynes is filling requires the person to be a mechanical engineer. He comes highly
recommended and is one of the few in the County.
Councilmember Clauson said he was glad Mr. Hoynes is volunteering for the position.
Councilmember Chang asked the Mayor look at the attendance of the Planning
Commissioners, because there have been problems with a lack of a quorum at the meetings.
Councilmember Childs would like to see a criteria for the public that are appointed to the
Boards, they should have a skills set for each appointment.
City Attorney Jacob said there are criteria outlined for the Building Board of Appeals and
the Design Review Board; however, there are no specific requirements for the Planning
Commission members. He said he is not aware of there being a problem over the years with
the Planning Commission due to a lack of criteria for appointment.
Councilmember Chang said the Planning Commission has been traditionally comprised of
residents from the City who have had an interest in the community. He thinks it is nice to
see that interest in neighborhood zoning.
Councilmember Clauson is grateful and appreciative of these folks stepping forward and
spending time on these committees.
Councilmember Chang MOVED and Councilmember Putaansuu seconded the
motion to adopt Resolution No. 032-13, confirming the Mayor's appointments
to the Planning Commission, Design Review Board, and Building Board of
Minutes of December 10, 2013
Pageg of16
Appeals as set forth in the Resolution. Upon vote, the motion passed
unanimously.
G. Adoption of Resolution No. 033-13, Repealing Resolution No. 041-12, and
Establishing the Community Development-DCD Front Counter Clerk
Human Resources Coordinator Howard presented the staff report, noting on December 11,
2012, the City Council approved Resolution No. 041-12, establishing a Full time Associate
Planner-Job Share position with the removal the Assistant Planner and Temporary part
time Associate Planner Positions.
In recognition in that, administrative staff support is essential to maintain this level of
operations within the Community Development Department. Staff is requesting Council
approve the job description for the Community Development-DCD Front Counter Clerk.
Councilmember Cartwright said an organizational chart would help in these discussions.
City Treasurer Martin said the organization chart would be updated with the adoption of
the budget.
Councilmember Cartwright MOVED and Councilmember Chang seconded the
motion to repeal Resolution No.041-12, and adopt Resolution No. 033-13,
approving the job description of the DCD Front Counter Clerk Position. Upon
vote, the motion passed unanimously.
H. Adoption of Resolution No. 034-13, Repealing Resolution No. 040-12 and
Establishing the Public Works-Parks Employee Position
Human Resources Coordinator Howard presented the staff report, noting on December 11,
2012, the City Council approved Resolution No. 040-12, reassigning the Community
Resource Program supervisor be back to his previous public works assignment as a
Custodian Maintenance Worker, maintaining janitorial work for the buildings of the City.
In contemplating changes to the City's janitorial services, the 2014 budget eliminated the
need for a Custodian Maintenance Worker and provided for a new Public Works Park
Employee position.
Councilmember Cartwright MOVED and Councilmember Lucarelli seconded
the motion to adopt Resolution No. 034-13, repealing Resolution No. 040-12
and approving the job description of the Public Works Parks Position. Upon
vote, the motion passed unanimously.
I. Approval of Contract No. 014-14, Authorizing the Mayor to Execute a
Contract with Gordon Thomas Honeywell-Governmental Affairs for Lobbying
Services
Minutes of December 10, 2013
Page 10 of16
City Clerk Rinearson presented the staff report, noting for several years, the City has
contracted with Gordon Thomas Honeywell Governmental Affairs (GTH-GA) to provide
lobbying services for the City. Notable successes have included monies appropriated for the
DeKalb pier project and for the Bay Street Pedestrian Pathway, as well as legislative
changes relating to the Planning Commission. GTH -GA also provides regular updates to the
Council and City staff regarding legislative issues.
The current contract expires on December 31, 2013. GTH-GA's fee for 2014 is $3,150 per
month and total expenses not to exceed $2,500 during the term of the contract. The
proposal presented includes an increase of $150 per month, a 5% cost of living increase,
and indemnification/insurance coverage language change to satisfy the City insurer's
recommendations.
Councilmember Childs said he would like to know how the contract compares with the 2014
budget. City Treasurer Martin said that the budgeted amount for 2014 is $40,300, which
would cover the cost of the contract including expenses.
Councilmember Putaansuu says it may seem like a lot of money, but this firm has brought
in a hundreds of thousands of dollars for projects in the City.
In response to Councilmember Childs, City Clerk Rinearson said Briahna Taylor has not
indicated that she would not be working with the City. She has hired extra staff to help her.
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion to approve Contract No. 014-14, and authorize the Mayor to execute a
contract for lobbying services with Gordon Thomas Honeywell Governmental
Affairs for the period of January 1, 2014 through December 31, 2014. Upon
vote, the motion passed unanimously.
J. Approval of Contract No. 015-14, Authorizing the Mayor to Execute a Contract with
Kitsap Economic Development Alliance for Economic Development Services
City Clerk Rinearson presented the staff report, noting annually, the City contracts with
Kitsap Economic Development Alliance (KEDA) whose primary purpose is to promote
Kitsap County's primary job base and to integrate its economy into the national and world
economies. During the 2014 Preliminary Budget discussions, the Mayor requested the
City's payment to KEDA be $8,ooo, and that amount was included in the 2014 budget. This
is a one-year contract to be effective January 1, 2014 and expire on December 31, 2014.
In response to Councilmembers Lucarelli and Cartwright, City Clerk Rinearson said that
there is an additional $2,000 set aside for KADA that is not part of the proposed contract.
Councilmember Lucarelli MOVED and Councilmember Putaansuu seconded
the motion to approve Contract No. 015-14, authorizing the Mayor to execute a
contract with Kitsap Economic Development effective January 1, 2014 to
Minutes of December 10, 2013
Page 11 of16
December 31, 2014 for an amount of $8,ooo. Upon vote, the motion passed
unanimously.
K. Approval of Amendment No. 2 to Contract No. 057-12, Authorizing the Mayor to
Execute an Agreement with West Sound Utility District for Facility Management
City Treasurer Martin 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 Interlocal 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 continued the Agreement until December 31, 2013 with
their joint intent of reviewing the organizational structure of their Joint Facilities. The City
and District are currently finalizing a new Agreement that is scheduled to be completed
prior to March 1, 2014. The proposed amendment extends the Agreement until March 1,
2014, and is not intended to change any of the other provisions of the Agreement.
Councilmember Putaansuu says he fully expects to have the final agreement for Council
consideration at the January Council meeting.
Councilmember Clauson clarified that the amendment would be extended until March 1,
2014.
Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded
the motion to authorize the Mayor to execute Amendment No. 2 to Contract
No. 057-12 with West Sound Utility District, thereby extending the Wastewater
Facilities Management Agreement. Upon vote, the motion passed
unanimously.
L. Approval of Contract No. 016-14, Authorizing the Mayor to Execute an
Agreement with ABM Janitorial Services for Janitorial Services
Public Works Director Dorsey presented the staff report, noting as janitorial cleaning
services are Purchased Services using an Ordinary Maintenance Contract and in
consideration that the City has been extremely satisfied with the past performance of ABM
Janitorial Services, staff is allowed and has requested and received a sole bid for the 2014
City Hall, Active Club, and Public Works Shop janitorial services from ABM in the amount
of $60,777.60, plus the additional cost of limited supply items Oiners, hand soap, paper
towels and toilet paper) as needed.
Minutes of December 10,2013
Page 12 of16
In response to Councilmember Cartwright, Public Works Director Dorsey said the
additional money in the budget for this line item is for the supplies.
Councilmember Childs MOVED and Councilmember Putaansuu seconded the
motion to authorize the Mayor to execute Contract No. 016-14 with ABM
Janitorial Services in the amount of $60,777.60, plus the additional cost of
limited supply items as needed. Upon vote, the motion passed unanimously.
M. Approval of November 19, 2013, Work Study Session Meeting Minutes
Councilmember Putaansuu MOVED and Councilmember Childs seconded the
motion to approve the November 19, 2013, Work Study Session meeting
minutes. Upon vote, the motion passed unanimously.
N. Approval of November 26, 2013, Council Meeting Minutes
Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded
the motion to approve the November 26, 2013, Council meeting minutes. Upon
vote, the motion passed unanimously.
0. Approval of Contract No. 094-13, Authorizing the Mayor to Execute a Lease
Agreement with Kelley Imaging Systems for Public Works/Community
Development Copier
City Clerk Rinearson presented the staff report, noting on February 24, 2014, the Public
Works/Community Development Department copier lease will expire. Unfortunately, it
appears the machine may not last until the term of the lease.
The Clerk's office requested quotes from two vendors off the Vendor Roster and received the
following quotes:
Kelley Imaging Systems
Toshiba-e-Studio 5540CT
48 month lease
KCDA Purchasing Cooperative
$327 per month*
Black & White per copy charge $0.0073
Color copy $0.0502
Excel Business Systems, Inc
Cannon-imageRunnerC5255
48 month lease
WSCA Contract
$320.24 per month
Black & White per copy charge $0.0074
Color per copy charge $0.0504
*Includes the payoff balance and shipping charges
After a careful analysis, it is staffs recommendation the City enter into a lease with Kelley
Imaging. With the monthly lease amount being diminutive, the areas of most concern were
how quickly a new machine could be traded out and the level of customer support from the
vendor.
Minutes of December 10, 2013
Page 13 of16
Councilmember Clauson said it appears we have a current lease that we are going to walk
away from because the machine is not performing. He thought it would be an obligation of
the vendor to fix it. He also understood Excel Business Systems is a firm located in the City
of Port Orchard and Kelley Imaging is not. If all else is equal, why isn't the City choosing the
local business?
City Clerk Rinearson gave some history on the current machine and lease. The lease is longer
then she would usually recommend, however it is what we have because it was what the
departments could afford in their budgets. The machine is overused based on the volume
that was originally estimated for its use. Public Works/DCD staff wanted to move forward
with a new machine, so she found out what the cost was to buy out the lease and incorporate
that amount into the new lease.
Councilmember Putaansuu feels the vendor should honor the contract and fix the machine
that we have. He also said he supports buying locally whenever it is possible.
Councilmember Clauson noted the local vendor was $7 a month cheaper, and without an
analysis on the number of copies made in a month or a year, all he can go by is the monthly
rate.
City Clerk Rinearson noted there would be a cost to ship the copier back to the vendor if we
do not renew our contract with them. She has read the contract and it is silent in regards to
who pays the shipping cost.
City Attorney Jacoby said he would review the contracts based on the action that is taken
tonight.
City Clerk Rinearson also said that if the City does not buy out the lease, and waits for the
contract to end, the cost from Kelly Imaging would be $267.92 for a monthly lease rate
versus $320.24 going locally with Excel Business Systems.
Mr. Trenary with Excel Business Systems stated what he understood the State's contract to
be. He said he believes the shipping in the State contract is covered in the price of the lease.
He is not familiar with the KCDA program.
Councilmember Cartwright reads the Kelley Imaging contract to state that we prepay in our
monthly lease for a lease buy out and shipping.
Councilmember Clauson clarified that the lease buy out and shipping would be $59.08 a
month plus the price of the new lease rate. That would be a total of $2,835.84.
Councilmember Putaansuu called for the question. Upon vote, the motion
passed unanimously.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to not approve Contract No. 094-13, authorizing the Mayor to execute
Minutes of December 10, 2013
Page 14 of16
a lease agreement with Kelley Imaging Services for the Public
Works/Community Development Department Copier. Upon vote, the motion
passed unanimously.
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion to direct staff to work with the lease of the Cannon ImageRunner
C5255 from Excel Business Systems that has been quoted off the State
contract. Upon vote, the motion passed unanimously.
Councilmember Cl~uson asked City Attorney Jacoby to verify the shipping charges when
returning the Toshiba copier at the end of the lease.
P. Adoption of Ordinance No. 027-13, Repealing Ordinance No. 1951 and
Adopting the City of Port Orchard's 2013 Comprehensive Emergency
Management Plan (CEMP)
Police Chief Marti presented the staff report, noting the Kitsap County Department of
Emergency Management in conjunction with the Port Orchard Police Department has
reviewed and revised the current Comprehensive Emergency Plan for the City of Port
Orchard. This requires the signature of the Mayor as confirmation that the City has adopted
this plan for the operation of the Emergency Operations Center.
In response to Councilmember Lucarelli, Councilmember Cartwright said Attachment A
was on the compact disc.
Police Chief Marti said the basics of the old CEMP are there, the only changes are referring
to responsibilities within the City, whom we may collaborate with, and how that is
structured.
In response to Councilmember Childs, City Clerk Rinearson said the local organization
referred to in the Ordinance is the Kitsap County Department of Emergency Management
(KCDEM).
In response to Councilmember Clauson, Police Chief Marti said KCDEM requested that this
be adopted before the first of the year.
Councilmember Clauson said he did not receive a CD with the CEMP.
Councilmember Lucarelli MOVED and Councilmember Childs seconded the
motion to adopt Ordinance No. 027-13, repealing Ordinance No. 1951 and
adopting the City of Port Orchard's 2013 Comprehensive Emergency
Management Plan. Upon vote, the motion passed unanimously.
Q. Paying Bills at the End of the Year
Minutes of December 10, 2013
Page 15of16
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to authorize the Treasurer to pay the claims of the city and provide
the claims register at our next council meeting in January. Upon vote, the
motion passed unanimously.
8. COMMITIEE REPORTS
Councilmember Clauson said he and Councilmember Putaansuu attended the exit
conference with the State Auditor on December 5, 2013, and staff did an outstanding job
once again. We received a good, clean audit. Next Finance Committee meeting is scheduled
for the January 24, 2014, at 7:30a.m. at the Pancake House.
Councilmember Lucarelli said the next Chimes & Lights Committee meeting is tomorrow at
3=30 p.m. at City Hall. It is going to be a debriefing of the Jingle Bell Run and Festival of
Chimes & Lights.
Councilmember Childs said the next ED/Tourism Committee meeting is January 15,2014.
Councilmember Putaansuu said the Utility Committee meeting has not been set yet for
January, but two important issues that will be on the agenda are water quality issues on
Well No. 9, and finding a funding source for Well No. 10. Sewer Advisory Committee is
scheduled for January 15, 2014. The only item is on the agenda is the WSUD ILA.
Councilmember Chang reported the Public Properties Committee met this morning and
discussed the VanZee Park lease, Ron Rider lease, and discussion of the graffiti email.
Councilmember Cartwright reported KRCC Transpol will meet this Thursday at 2:30 p.m.,
and KEDA is scheduled for Thursday at the Norm Dicks Government Center at 3:30 p.m.
9· MAYOR'S REPORT
The Mayor Matthes reported on the following:
• Attended the Festival of Chimes & Lights, the Jingle Bell Run, and the Pooch & Purr
Parade. He thanked the police department, public works staff, and volunteers for all
of their help.
• Town Hall Meeting scheduled December 12, 2013, at 6:30 p.m.
10. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey reminded the public that the logging contract is in place for
the McCormick Village Park. Potentially in the next couple of weeks, chainsaws will start
running in the park. His staff is also working to close out 2013 contracts.
Development Director Bond extended an invitation to all Councilmembers to talk and
better understand their priorities as it relates to his department. On January 31,2014, UW
students will be on their first trip to Port Orchard.
J
Minutes of December 10, 2013
Page 16 of16
City Clerk Rinearson said the City's Facebook page launched last week and it has 346likes.
Councilmember Chang asked to extend the period for people to submit photos of light
displays/holiday decorations. The Council asked staff to extend the photo submissions to
the end of the year.
City Clerk Rinearson reminded the three recently elected Councilmembers to have their
oaths administered between December 22nd and December 31st and return the signed forms
to her.
11. CITIZENS COMMENTS
Elissa Whittleton thanked everyone for all the energy and effort they put into our City.
Chimes & Lights was wonderful and thanked the Mayor for the concert on Sunday that
benefited the Helpline.
Mayor Matthes recognized Trish Tierney for her commitment to the Planning Commission.
Mayor Matthes recognized Sean Hoynes for his commitment to the Building Board of
Appeals.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
atthes adjourned the meeting.